Book 2MODIFICATIONS TO THE
1994 AMENDMENTS TO THE CITY OF MIAMI BEACH YEAR 2000
COMPREHENSIVE PLAN
PART H: GOALS, OBJECTIVES AND POLICIES
with Procedures for Public Participation in the Planning Process
and Monitoring and Evaluation Procedures
This document contains proposed changes to the 1994 Amendments in response to the State
of Florida, Department of Community Affairs (DCA) Notice of Intent. Changes are shown in
Strike through and Underscore. The proposed changes were prepared by the City's planners
based on discussions with the DCA staff. They constitute a portion of the remedial actions
needed for compliance identified as Exhibit B in the Compliance Agreement between the
Petitioner and the Respondent in DOAH CASE NO.: 94-4509GM.
July, 1996
Prepared by
Robert K. Swarthout, Incorporated
Miami Beach Planning, Design and Historic Preservation Division
Dean Grandin, Director
CITY OF MIAMI BEACH COMMISSIONERS
Mayor Seymour Gelber
Commissioner Sy Eisenberg
Commissioner Susan Gottlieb
Commissioner Nelsen Kasdin
Commissioner Nancy Liebman
Commissioner David Pearlson
Commissioner Martin Shapiro
CITY OF MIAMI BEACH LOCAL PLANNING AGENCY
Joy Alschuler, Chairperson
Roberto Datorre
Diana Grub
Keith Kovens
Clark Reynolds
Craig Robins
Todd Tragash
TABLE OF CONTENTS PAGE
I. PROPOSED PROCEDURES FOR PUBLIC PARTICIPATION IN THE
PLANNING PROCESS ii
II. PROPOSED MONITORING AND EVALUATION PROCEDURES v
III. PROPOSED PROCEDURES FOR PUBLIC PARTICIPATION IN THE
PLANNING PROCESS (To Be Deleted Upon Final Enactment) xiii
IV. EXISTING MONITORING AND EVALUATION PROCEDURES
(To Be Deleted Upon Final Enactment) .xix
PART II: GOALS, OBJECTIVES AND POLICIES 1
FUTURE LAND USE ELEMENT 1
TRAFFIC CIRCULATION ELEMENT _ 24
MASS TRANSIT ELEMENT 29
PORTS, AVIATION AND RELATED FACILITIES 31
HOUSING ELEMENT 33
INFRASTRUCTURE: SANITARY WAVY rait, SOLID WASTE,
DRAINAGE AND POTABLE WATER 40
CONSERVATION/COASTAL ZONE MANAGEMENT 45
RECREATION AND OPEN SPACE ELEMENT 59
INTERGOVERNMENTAL COORDINATION ELEMENT 63
CAPITAL IMPROVEMENT PROGRAM ELEMENT 67
HISTORIC PRESERVATION ELEMENT 74
CITY COMMISSION RESOLUTION 92-20579
AND RELATED MATERIAL 76
LIST OF FIGURES PAGE
REDEVELOPMENT AREAS 23
OFFICIAL TRAFFICWAY MAP 28
FUTURE LAND USE MAP pocket at back
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L PROPOSED PROCEDURES FOR PUBLIC PARTICIPATION
IN'1 i1 PLANNING PROCESS
The City of Miami Beach shall encourage and provide for public participation in the planning process.
The City's provisions for public participation in the plannh g process, induding adoption of a
comprehensive plan, comprehensive plan amendments and evaluation and appraisal reports shall
conform to the requirements of Chapter 163, Florida Statutes and Rule 9J-5 and 9J-11, Florida
Administrative Code as they may be amended from time to time. The procedures shall include the
following:
A Provisions to assure that real property owners are put on notice, through advertisement in
a newspaper of' general circulation or other method, of official actions that will affect their
..; •9J -5.004(2)(a).
1. In the case of the comprehensive plan and comprehensive plan amendment transmittal
and adoption process and the process of adoption of Evaluation and Appraisal Reports
and related comprehensive plan amendments, property owners will be notified by
newspaper advertisements and public hearings shall be held in keeping with the
following requirements:
a.
Planning Board (Local Planning Agency)
Newspaper advertisements and public hearings shall meet the applicable
requirements of Scctions 1633164(17), 1633174, 1633181, and 1633191,
Florida Statutes and amendments thereto and applicable provisions of Rule
9J-5, and 9J-11, Florida Administrative Code and amendments thereto.
b. City Commission Public Hearings
Newspaper advertisements and public hearings Shall meet such requirements
of Sections 1633181, and 163.3184(15), 1633184(16), 1633187,1633189, and
1633191, Florida Statutes and amendments thereto, as are applicable and all
applicable requirements of Rule 9J-5.004, Florida Administrative Code and
amendments thereto.
2. Developments of Regional Impact
Comprehensive Plan amendments which arise in connection with developments of
regional impact shall also be considered in accordance with the notice and public
hearing requirements set forth in Section 380.06, Florida Statutes.
3. In addition, the City may, at its option provide other types of notice of public hearings
such as posting affected properties and direct mail notice to owners of affected
properties.
B. Provisions for notice to keep the general public informed -9J -5.004(2)(b).
L In the case of comprehensive plan and comprehensive plan amendment transmittal and
adoption, public hearings hall be held and the public shall be notified by newspaper
advertisements as set forth in Subpart A above.
2. Copies of the comprehensive plan and adopted comprehensive plan amendments,
evaluation and appraisal reports and executive summaries shall be provided for use by
the public at all Miami Beach branches of the Dade County Public library, at the
Miami Beach City Hall, in the offices of the arty staff of the Planning Board and in
the office of the City aerk. Copies shall also be furnished to civic organizations in the
City of Miami Beach.
3. The City's staff to the Planning Board shall send copies of notices of public hearings
and public meetings regarding transmittal/adoption of a comprehensive plan or plan
amendment to civic and community organizations.
4. In addition to the notices specified in 1, 2 and 3 above, the City may, at its option
provide other types of notices of public hearings/workshops/neighborhood meetings,
such as posting affected properties and direct mail notice to residents.
5. The City may, at its option hold workshops and or town hall or neighborhood meetings
regarding the comprehensive plan and/or proposed amendments At least one such
public meeting shall be held prior to preparation of evaluation and appraisal reports.
6. Prior to undertaking a publicly financed capital improvement project the City may, at
its option hold a noticed public hearing in keeping with the requirements of Section
1633181(3), Florida Statutes and amendments thereto.
7. Provisions as set forth in Part 11 herein, shall also apply to public participation with
regard to the monitoring and evaluation process.
C. Provisions to assure that there are opportunities for the public to provide written comments -
9J -5.004(2) (c) and provisions to assure the consideration of and response to public comments -
9J -5.004(2)(e).
1. All newspaper advertisements regarding public hearings as set forth in subpart A
herein chatl state that written comments regarding the comprehensive plan, proposed
amendments or evaluation and appraisal report are encouraged.
2. The City's staff to the Planning Board shall maintain a permanent file of such written
comments, and summarize and respond to the comments. Copies of summaries and
responses shall be provided to the Miami Beach Planning Board and City Commission
and to the State DCA.
D. Provisions to assure that the required public hearings are held:
The City certifies that it shall prepare and adopt all evaluation and appraisal reports
in accordance with the requirements of Chapter 163, Florida Statutes and Rule 9J-5,
Florida Administrative Code and that the City's Plaiu+ing Board and Commission shall
follow the procedures set forth in said statute and rule in transmitting and adopting
future comprehensive plans and plan amendments.
E. Executive Summaries of plan, release of information encouraged -W-5.004(3).
L All newspaper advertisements and other notices of public hearings regarding
transmittal/adoption of a comprehensive plan, comprehensive plan amendment or
evaluation and appraisal report shall state that copies of the proposed plan,
amendment or report may be obtained from the staff of the City's Planning Board and
that all questions regarding the proposed plan, amendment or report may be directed
to that staff. The address and telephone number of the Planning Board staff shall be
provided in the notices.
2. See subparagraph B.2 herein.
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U. PROPOSED MONITORING AND EVALUATION PROCEDURES
A. INTRODUCTION
The comprehensive planning program in Miami Beach will be a continuous and ongoing
process. The central components of that process will be the procedures for monitoring plan -
related activities, preparation of periodic evaluation and appraisal reports, and preparation of
updates to the local comprehensive plan.
The following is a description of the monitoring, updating and evaluation procedures which the
City will follow in accord with the -.,.,..:......eats of 95-5.005(7), FAG, and section 1633191,
F.S., including the preparation of the five-year evaluation and appraisal report and the means
of ensuring continuous monitoring and evaluation of the plan during the five year period.
The Miami Beach Planning Board, as the designated local planning agency will be responsible
for preparing the five-year evaluation and appraisal report. The Miami Beach Planning, Design
and Historic Preservation Division will serve as the staff for the Planning Board in preparing
the report. Procedures for submittal to the governing body, adoption by the governing body,
and transmittal to state land planning agency shall be as required and described in section
1633191,F.S.
B. UPDATING BASELINE DATA
All data tables contained in the City's comprehensive plan adopted in 1994 and in the published
support documents which can be updated without unduly large cost to the City will be updated
such that the data is as current as feasible at the time of preparation of the five-year evaluation
and appraisal report (EAR).
If possible, data for the EAR will be obtained from the same sources as were used in
preparation of the 1994 comprehensive plan, including both piimary and secondary sources.
If for whatever reason the original source is no longer available or is no longer considered to
be professionally acceptable, the City will attempt to identify akernative sources that can
provide the same or similar acceptable data. However, even if the same data is available from
the original source, the City may elect to use akernative sources, either primary or secondary,
if the City determines that the akernative source is more suitable than the original source.
In all cases, care will be taken to ensure that the data collected for the EAR is comparable with
the original data used in preparation of the comprehensive plan. Every reasonable effort will
be made to avoid erroneous interpretations due to differences in definitions, accuracy, levels
of aggregation, or other methodological factors involved in the generation and compilation of
the data.
In the event current data is not available from either the original source or an acceptable
alternative source, the City will prepare or arrange to have prepared estimates of the particular
data. The determination of which methodologies and procedures will be used and followed will
depend upon which types of data need to be estimated, which cannot be known with certainty
until that time. The decision as to which data series will be estimated will be made during the
twelve month period prior to adoption of the five-year EAR and only after thorough research
of sources existing and available at that time.
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In general, the updating process will begin in the twelve month period just prior to the date five
years from the date of adoption of the comprehensive plan. However, if deemed necessary and
appropriate by the City, the updating process may begin earlier or later.
C. PROGRESS TOWARD GOALS AND OBJECTIVES
Progress toward the realization of stated goals and the accomplishment of measurable
objectives will be assessed primarily in terms of the gnanrifiable measures expressed in the
objectives. Policies, which are defined in 93-5, FAC, as ...'the way in which programs and
activities are conducted ...', generally are not quantifiable and therefore will be assessed in
terms of implementation.
The key element in the analysis is the assessment of progress in meeting the objectives. As
defined in 9J-5, FAR, an objective is '... a specific, measurable, intermediate end that is
achievable and marks progress toward a goal'. The degree of progress can be analyzed in
quantified terms and objective conclusions made. Equally important, the degree to which the
objectives are reached provides a measure for assessing realization of the goals.
L PrIgress Toward Obiective*
The first step in the analysis will be the collection and compilation of the current data
to update the baseline data. This process was described in the subsection above.
The second step will be to collect and compile any other data that might be needed
to adequately measure the achievement of objectives. The specific procedures will
depend on the determination at the time of which data is needed and what the most
appropriate sources are.
The third step will be to calculate the quantifiable changes from the base period, in.
either absolute amounts or percentages, or both. In tome cases, the measure will be
simply whether the specified element or condition exists (e.g. public hazard or
ordinance). All statistics will be displayed in table form.
The fourth step will be to calculate or otherwise determine the status, in quantified
form, of the subject addressed in each objective. The degree to which the data
indicates achievement, under achievement or over achievement of the objectives will
be established and displayed in tables, charts or graphics, as appropriate, and will be
descibed in accompanying text.
2. Pro? er ss Toward Ogg!
Goals refer to a more generati7ed state than objectives and are less spec As a
result, the measurement of progress toward achieving goals is less precise than for
objectives. Furthermore, there is a greater degree of subjectivity involved in assessing
whether the desired state has been achieved.
For the purposes of the EAR, the City will assess progress toward realization of the
goals by means of the following four procedures:
a The results of the procedure for assessing progress toward achieving the
objectives, as described above, will be used as a measure of progress toward
reaching goals;
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e Comparison of other data contained in the baseline and updated series, but
not reflected in the objectives, will provide a second measure of progress. By
comparing the updated data with the baseline data, improvement,
degeneration or lack of change relative to the goal can be identified.
o If other data sources are identified which provide a comparison between the
conditions at the time the comprehensive plan was adopted and the
preparation of the EAR, and the data is relevant to one or more of the goals,
the City may elect to include the oatictical comparison as an additional
measure of progress toward reaching the goaL Included in this category
would be those factors measured simply in terms of the existence or non-
existence of an element or condition (e.g. elimination of a hazard, or adoption
of an ordinance);
o Lastly, progress toward the goals will be assessed in terms of the perceptions
of people, providing an accounting of opinions. Such an approach is
warranted because many values reflected in the goals have a subjective basis,
such as aesthetics, quality of life and adequacy. The perceptions and opinions
of the residents, property owners and business owners in Miami Beach will be
solicited by means of public meetings, LPA workshops, and surveys. Specifics
are described in the subsection of Monitoring and Evaluation Procedures
entitled -Public Participation'.
After the analysis described in the four procedures above has been completed, the
findings relative to the degree to which the goals have been reached will be described
in tett, table and graphic form, as appropriate.
3. Assessment of Policies
The assessment of policies will be based on the degree to winch the policies were
implemented and the degree to which official actions adhered to or deviated from
them.
The assessment of implementation of policies will entail a simple accounting of
whether the action addressed in the policy was carried out and if so, whether it was
totally or partially completed.
The assessment of adherence and deviation will entad contact with the City
department, boards and agencies which have responsibility for the subject actions.
Incidences involving the policy will be listed and described and the actions taken will
be noted. A determination of whether the action adhered to or deviated from the
policy will be made and recorded.
After the analysis described above has been completed, the findings will be described
in text, table or graphic form, as appropriate.
D. OBSTACLES AND PROBLEMS
The EAR will contain a section which provides a discussion of the obstacles and problems
found to have contributed to the under achievement of a goal or objective, or the failure to
implement a policy. The process described above for identifying goals, objectives and policies
which were not achieved will provide the list of goals, objectives and policies to be analyzed.
The following tasks will be undertaken to identify, if possible, the specific obstacles or
problems:
o City departments, boards, outside agencies, private parties and others involved in the
activities addressed by the goals, objectives or policies will be interviewed. Opinions
as to the nature of the obstacles or problems causing the under achievement will be
recorded.
o Empirical data and information related to the issues will be collected from available
sources, which may include files, inventories, surveys and documents.
o The empirical data will be analyzed in an effort to determine which of the suggested
obstacles and problems can be substantiated.
o Obstacles and problems which can be substantiated will be described in ten, table
and/or graphic form.
E. NEW OR MODIFIED GOALS, OBJECTIVES OR POLICIES
The evaluation and appraisal report will suggest changes to the comprehensive plan deemed
necessary to adequately address the identified obstacles and problems. Such recommendations
may address changes, additions or deletions of goals, objectives or policies
The recommendations will be prepared by the Planning Board and City staff based on the
analysis as described in these Monitoring and Evaluation Procedures and other research and
analysis as might be necessary and appropriate, depending upon the issues addressed and
circumstances at the time. Public input will be provided for as described in the public
participation procedures outlined below.
F. PUBLIC PARTICIPATION
The City of Miami Beach shall encourage and provide for public participation in the planning
process. The City's provisions for public participation in the planning process, including
adoption of a comprehensive plan, comprehensive plan amendments and evaluation and
appraisal reports shall conform to the requirements of Chapter 163, Florida Statutes and Rule
93-5 and 9J-11, Florida Adniinktrative Code as they may be amended from time to time. The
procedures shall include the following:
1. Provisions to assure that real property owners are put on notice, through
advertisement in a newspaper of general circulation or other method, of official
actions that will affect their r. -9J-5.004(2)01).
a. In the case of the comprehensive plan and comprehensive plan amendment
transmittal and adoption process and the process of adoption of Evaluation
and Appraisal Reports and related comprehensive plan amendments, property
owners will be notified by newspaper advertisements and public hearings shall
be held in keeping with the following requirements:
1) Planning Board (Local Planning Agency)
Newspaper advertisements and public hearings shall meet the
applicable requirements of Sections 1633164(17), 1633174, 163.3181,
and 163.3191, Florida Statutes and amendments thereto and
applicable provisions of Rule 9J-5, and 9J-11, Florida Administrative
Code and amendments thereto.
2) City Commission Public Hearings
Newspaper advertisements and public hearings shall meet such
requirements of Sections 1633181, and 1633184(15), 1633184(16),
1633187, 1633189, and 1633191, Florida Statutes and amendments
thereto, as are applicable and all applicable requirements of Rule 91'-
5.004, Florida Administrative Code and amendments thereto.
b. Developments of Regional Impact
Comprehensive Plan amendments which arise in connection with
developments of regional impact shall also be considered in accordance with
the notice and public bearing requirements set forth in Section 380.06, Florida
Statutes.
In addition, the City may, at its option provide other types of notice of public
hearings such as posting affected properties and direct mail notice to owners
of affected properties.
2. Provisions for notice to keep the general public informed -91'-5.004(2)(h).
In the case of comprehensive plan and comprehensive plan amendment
transmittal and adoption, public hearings shall be held and the public shall be
notified by newspaper advertisements as set forth in Subpart A above.
b. Copies of the comprehensive plan and adopted comprehensive plan
amendments, evaluation and appraisal reports and executive summaries shall
be provided for use by the public at all Miami Beach branches of the Dade
County Public library, at the Miami Beach City Hall, in the offices of the City
staff of the Planning Board and in the office of the City Clerk. Copies shall
also be furnished to civic organizations in the City of Miami Beach.
c. The City's staff to the Planning Board shall send copies of notices of public
hearings and public meetings regarding transmittal/adoption of a
comprehensive plan or plan amendment to civic and community organizations.
In addition to the notices specified in 1, 2 and 3 above, the City may, at its
option provide other types of notices of public
hearings/workshops/neighborhood meetings, such as posting affected
properties and direct mail notice to residents.
e. The City may, at its option hold workshops and or town hall or neighborhood
meetings regarding the comprehensive plan and/or proposed amendments.
At least one such public meeting shall be held prior to preparation of
evaluation and appraisal reports.
viii
f. Prior to undertaking a publicly financed capital improvement project the City
may, at its option hold a noticed public hearing in keeping with the
requirements of Section 1633181(3), Florida Statutes and amendments
thereto.
3. Provisions to assure that there are opportunities for the public to provide written
comments -9J-5.004(2) (c) and provisions to assure the consideration of and response
to public comments-9J-S.004(2)(e).
a. All newspaper advertisements regarding public hearings as set forth in subpart
A herein shall state that written comments regarding the comprehensive plan,
proposed amendments or evaluation and appraisal report are encouraged.
b. The City's staff to the Planning Board shall maintain a permanent file of such
written comments, and summarize and respond to the comments. Copies of
summaries and responses shall be provided to the Miami Beach Planning
Board and City Commission and to the State DCA.
4. Provisions to assure that the required public hearings are held:
The City certifies that it shall prepare and adopt all evaluation and appraisal reports
in accordance with the requirements of Chapter 163, Florida Statutes and Rule 93-5,
Florida Administrative Code and that the City's Planning Board and Commission shall
follow the procedures set forth in said statute and rule in transmitting and adopting
future comprehensive plans and plan amendments.
5. Executive Summaries of plan, release of information encouraged -9J -S.004(3).
a. All newspaper advertisements and other notices of public hearings regarding
transmittal/adoption of a comprehensive "plan, comprehensive plan
amendment or evaluation and appraisal report shall state that copies of the
proposed plan, amendment or report may be obtained from the staff of the
City's Planning Board and that all questions regarding the proposed plan,
amendment or report may be directed to that staff. The address and
telephone number of the Planning Board staff shall be provided in the notices.
b. See subparagraph B.2 herein.
G. CONTINUOUS MONITORING AND EVALUATION
The means of ensuring continuous monitoring and evaluation of the plan during the five-year
period will include the following:
1. Pursuant to 9J-5.016(4), FAC, the Capital Improvements Element will be reviewed on
an annual basis. The review will be done in conjunction with the annual preparation
of the City's five-year capital improvements program (CIP).
Each project proposed for inclusion in the CIP will be analyzed by the City staff and
Planning Board regarding consistency with the comprehensive plan. Projects will be
considered as consistent with the plan if the project is compatible with the plan (i.e.
not in conflict) and furthers or least does not impede progress toward realization of
ix
the plan's goals, objectives and policies. If a recommended project is found to be
inconsistent with the plan, one or more of the following remedies will be implemented
a. The project will be modified so as to be consistent with the plan;
b. The comprehensive plan will be amended so as to reflect the need for the
Project;
c. The project will be deleted.
Furthermore, it will be the responsibility of the Planning Design and Historic
Preservation Division to analyze progress toward the goals, objectives and policies of
the comprehensive plan for the purpose of identifying projects which would further the
implementation of the plan and to prepare project recommendations for consideration
in preparation of the CIP and annual review of the Capital Improvements Element.
2. The City will prepare on an annual basis a written report to be submitted to the
designated local planning agency and the City Commission. The report will contain
a summary of the City staff's review of the plan, to include the following
considerations:
a. any corrections, updates, and modifications of the Capital Improvements
Element concerning costs, revenue sources, acceptance of facilities pursuant
to dedications which are consistent with the element, or the date of
construction of any facility enumerated in the element;
b. the Capital Improvement Program's consistency with the Comprehensive Plan
elements and its support of the Future Land Use Element;
c. the priority assignment of existing public facility deficiencies;
d. the City's progress in meeting those needs determined to be existing
deficiencies;
e. the City's effectiveness in maintaining the adopted Level -of -service standards;
f. the City's effectiveness in reviewing the impacts of plans and programs of state
agencies that provide public facilities within the City's jurisdiction;
g. the effectiveness of impact fees or dedications of facilities for assessing new
development a pro rata share of the improvement costs which they generate;
h. the impacts of public school board or public health facility decisions upon the
City's ability to maintain its adopted level -of -service standards;
i capital improvements needed for the latter part of the planning period, for
inclusion in the 5 -Year Schedule of Improvements;
j. development permits issued for new construction, substantial rehabilitation
and demolition during the previous year,
x
k. changes in the total population and the geographic distribution of the
population;
L
modifications to the development regulations;
m amendments to the comprehensive plan.
H. SUBMITTAL PROCEDURES
The five year evaluation and appraisal report will be prepared by the Miami Beach Planning,
Design and Historic Preservation Division and the Miami Beach Planning Board, the designated
local planning agency. Upon approval of a majority of the members of the local planning
agency, the report will be forwarded to the Miami Beach City Commission, the governing body.
The City Commission will adopt, or adopt with changes, the report or portions thereof within
90 days after receiving it from the local planning agency. If deemed necessary and appropriate,
the City Commission will amend its comprehensive plan based on the recommendations
contained in the adopted evaluation and appraisal report and pursuant to the procedures in
sections 163.3184 and 1633187. Amendments to the plan and the adoption of the report may
be simultaneous. When amendments to the plan do not occur simultaneously with the adoption
of the evaluation and appraisal report, the report will contain a schedule for adoption of
proposed amendments within 1 year after the report is adopted. The report will be transmitted
to the state land planning agency, with the related amendments when the amendments are
transmitted pursuant to section 1633184.
xi
III EXISTING PROCEDURES FOR PUBLIC PARTICIPATION
IN THE PLANNING PROCESS
(To Be Deleted Upon Final Enactment)
The City of Miami Beach through a continuation of the Year 2000 Planning Program shall
provide for and encourage public participation in the planning process, including amendments
and evaluation and appraisal reports, for the Year 2000 Comprehensive Plan. The provisions
for public participation will conform to Chapters 163.3181 and 163.3184(15) of the Florida
Statutes and Rule 9J-5.004 Florida, Administrative Code. The procedures will include the
following:
A. Provisions to assure that real j owners are put on notice, through advertisement
in a newspaper of general circulation or other method, of official actions that will
affect their , r w .. ;,-9J-5.004(2Xa).
1. In the case of the comprehensive plan transmittal and adoption process and
evaluation and appraisal report, property owners will be notified by newspaper •
advertisements which shall meet the following requirements:
Schedule of Hearings.
a. Planning Board - (June 1988) to recommend to the City Commission
b. City Commission - (July 1988) to transmit to the State
c. City Commission - (Late 1988) to adopt Plan by ordinance, first reading
d. City Commission - (Late 1988) to adopt Plan by ordinance, second
reading
Notice of Public Hearings-Newsnaner Advertisements
a. Planning Board
At least fourteen (14) days before hearing
At least five (5) days before hearings
b. City Commission public hearing to transmit to State D.C.A.
At least ten (10) days before hearing
City Commission public hearings on adoption of plan by ordinance (first
and second readings)
Both hearings will be held on a weekday.
The first shall be held approximately seven (7) days after the day that
the first advertisement is published.
The second hearing shall be held approximately two (2) weeks after the
first hearing and shall be advertised approximately five (5) days prior
to the public hearing. The day, time, and place at which the second
public hearing will be held shall be announced at the first public
hearing.
The required advertisements shall be no less than one-quarter page in a
xii
standard size or a tabloid size newspaper, and the headline in the
advertisement shall be in a type no smaller than eighteen (18) point.
The advertisement. shall not be placed in that portion of the newspaper
where legal notices and classified advertisements appear.
The advertisement shall be published in a newspaper of general paid
circulation in the City of Miami Beach and of general interest and
readership in the community, not one of limited subject matter.
The advertisement shall appear in a newspaper that is published at least
five (5) days a week.
The advertisement shall also contain a geographic location map which
clearly indicates the area covered by the proposed ordinance. The map
shall include major street names as a means of identification of the area.
The advertisement shall be substantially in the form of the City
Commission transmittal advertisement shown on the following page.
Please note that this advertisement is a reduced copy of the actual
transmittal ad published in The Miami Herald.
2. Comprehensive Plan Amendment Process
Newspaper advertisements of public hearings shall be in accordance with
Section A on the previous page. If the proposed amendment affects specific
properties, real property owners within 350 feet of the affected area will be
notified by mail. Subject properties will be posted with signs identifying the
nature of the proposed amendment, time and place of public hearing(s), and the
location/telephone number where additional information may be obtained.
B. Provisions for notice to keep the general public informed -9J -5.004(2)(b).
1. The City shall, through its Office of Public Information, issue a monthly_ press
release regarding the comprehensive plan status prior to adoption.
2. Copies of the comprehensive plan shall be provided for use by the public to the
three Miami Beach branches of the Dade County Public Library, the University
of Miami Library, and Florida International University Library, the Miami
Beach Department of Planning and Zoning, and the Miami Beach City Clerk's
Office.
3. The City, through its Office of Public Information, shall place a standard notice
in the "Calendar" section of the Miami Herald Neighbors, stating that copies of
the City's Comprehensive Plan an executive summaries are available in the
City's Department of Planning and Zoning, along with additional information.
4. The City's Department of Planning and Zoning shall send an informational
brochure regarding the comprehensive plan to approximately 30 civic and
community organizations, and notices of any and all public hearings shall be
mailed to these organizations.
5. The City shall conduct at least 3 neighborhood public meeting to publicize the
comprehensive plan. These meetings shall be duly advertised, and when
possible, public notice signs shall be posted throughout the City advertising
these meetings.
CITY OF MIAMI BEACH
NOTICE TO THE PUBLIC
PUBLIC HEARING
OF THE
MIAMI BEACH CITY COMMISSION
Th. City al Miami Beaeh:ploposes to change the hind use within t!s municipal
boulder's, as shown on the map bIl0w You are invited to attend and . { in a
pubo taring to be held by the Miami Beach City Cion to consider amending
the City's adopted 1990 Comprehensive Plan and authorize n, , , .,, ,1,. 1 if Me
Proposed liar 2000 Comprehensive ?lar+. dated June, 1900. to the Stat. of Florida
D .1,, d Community Affairs for iraoal review. The State requires tRat
the City of Miami Beach submit Its proposed a for review by Sepamber L
1999.
ZA..putac fearing wet be hiId on:
defy 13. 191113 3:15 para.
City Commission Chambers
Third Roar City
1700 Convention Center Oftve
Miami Beach, Florida 33139
The City welts to npfaca the text of the 1900 8.aoh �e Pian with
.the text of the Proposed Min BeachYear2000�' Plan. These
amindmsntsCommant isslonprc to be in thewinter conside
t ile rid Pw adoption by the NanningMe City 8oa�n
Copies of the draft Year 2000 Comprehensive Phis +situ en- e cecutivs• memory of
supporting doaanentation and copies of the draft Plan with complete auk
documents are available from the Miami Beach D ,,. of Planning and
Second Floor, pry Haa.1700 Convention Center Drive. Miami Beach. Fonda. at costs
of $10.00 and 520.00. iespeclivsiy.
For informdfon about purchase of documents. the referenced public fearing, or any
aspectH�Weird
B Pwinirg Zoning DeMe proposed Year partment at the above addr e or ani (305) 7
• Molt .. _---
•1
Pursuantto Florida Stable 296.0105, the city hereby advises the pubtfcthat; it a person
decides to appeal any decision made tr; _ _..Y..:,....„. J with respect to any mater
at us •or its hearing, they must ensure that a verbatim record of the ;
dims is made,+ record includes the testimony and evidence upon which 5
to be based. This notice does not constitute consent by the City of the >
introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it S
authorize chaflenges Or appeals not otherwise allowed by taw. t�
xiv
C. Provisions to assure that there are opportunities for the public to provide written
,.., ,m--.-93-S.004(2Xc) and provisions to assure the consideration of and response to
public comments-9J-5.004(2Xe).
The City's Planning and Zoning Department shall maintain a permanent file of written
comments, provide notice in the *Calendar* section of the Rami Herald Neighbors that
written comments are encouraged, and summarize and respond to each comment.
Copies of summaries and responses shall be provided to the Miami Beach Planning
Board and City Commission and to the State DCA.
D. Provisions to assure that the required public hearings are held:
The City shall adhere to the public hearing schedule identified in Section I for the
transmittal/adoption of the comprehensive plan. The City certifies that it will follow
required procedures in conducting public hearings on future amendments and
evaluation and appraisal reports.
E. Executive Summaries of plan, release of information encouraged -9J-5.004(3).
See Section B of the Public Participation procedures.
F. Public Participation to date -Year 2000 Meetings and Interviews
In September 1983, the City of Miami Beach initiated a systematic planning process to
formulate the community's long-range goals and priorities, and establish policies which
will guide the City's development as it approaches the Twenty -First Century. The Year
2000 Planning Program is a community -wide planning effort designed to bring together
Miami Beach citizens, civic leaders, public officials and members of the City
Administration. The culmination of this effort is the Year 2000 Comprehensive Plan
for the City of Miami Beach as per Chapter 163; Florida Statutes and Chapter 9J-5,
Florida Administrative Code.
The Year 2000 Planning Program ensures that informed citizens take an active part in
preparation, implementation, and future monitoring and evaluation of the City's
comprehensive plan. It also helps local government officials fully understand
community needs and aspirations.
The principal mechanism for participation in the planning process is provided by the
Neighborhood Planning Program. Eleven neighboring districts were defined: South
Pointe, Flamingo, West Avenue, Venetian Islands, Bayshore, La Gorce, Oceanfront,
North Shore, Biscayne Point, and Normandy Isle. as shown on Figure I-2 of the Future
Land Use Element. District boundaries were determined by combining 1980 census
blocks to encompass, as close as possible, areas with common characteristics and shared
planning concerns.
Town -Hall type meetings were then held in each district. These meetings were
coordinated by the Planning Department, and were conducted by a specially
established planning task force of thirty City employees from nine City departments.
Each district was assigned a team composed of a professional City Planner and two
members from other departments. The City Manager also participated in these
meetings.
The citizens of Miami Beach were notified of the Town -Hall meetings through
newspaper advertisements in the Miami Herald and handouts that were left at many
local businesses. Additionally, all property owners were mailed copies of the
xv
newspaper advertisements.
The initial step in the planning process was to interview a selected group of "macro -
observers," the area -wide civic leaders whose views and opinions were considered
representative of community views and attitudes and potentially helpful for the
organization and conduct of City-wide neighborhood meetings which followed.
Twenty-two civic leaders were interviewed and asked to state their views and opinions
concerning the following issues:
o the major problems currently facing the community
o the ways and means to alleviate and eventually resolve these problems
o the specific suggestions concerning the improvements and changes that the City
should try to implement.
These same topics were brought up for discussion with citizens at large who
participated in neighborhood meetings. A total of thirty-nine neighborhood meetings
were conducted during a ten-month period, between September 1983 and June 1984.
The first set of meetings - held in September, October and December -was conducted
in each neighborhood to make participants feel at home and encourage citizens to
attend and comment on problems and opportunities of their immediate concern.
During these initial meetings participants were encouraged to comment on City-wide
issues, but to focus, however, on the effect these issues have on their particular
neighborhood. Each group was asked to list concerns of particular importance to their
neighborhood, specify type of improvements the neighborhood needs, and indicate the
relative importance of each improvement. In addition, participants were encouraged
to express their views on what needs to be preserved and enhanced both in their
neighborhood and the entire City.
During these meetings, the participants were also asked to fill out a questionnaire and
indicate how they felt about a variety of specific items related to physical
environment, public services and government operations. The Iist of items included in
the questionnaire was inspired by comments raised during the civic leadership
interviews. Citizen responses were then used to supplement the opinions they expressed
during the meetings and to obtain a better understanding of problem areas that require
special attention.
The second set of meetings - held in 1984 - were conducted as joint meetings of three
and four neighborhoods which were grouped on the basis of their shared concerns and
improvement needs. This meeting format was employed after individual neighborhood -
based concerns were identified. It also provided a forum which enabled citizens to
direct their attention to problems and opportunities that cross the boundaries of their
neighborhoods. During these meetings, discussions centered on the City's long-range
improvement needs, the cost of these improvements, the City's operating and capital
expenditure needs, new development potential, and specific actions that needed to be
taken, or have already been taken, in order to bring those opportunities to fruition.
The City anticipated completion of the Year 2000 Comprehensive Plan by 1984/85;
however, in 1985 the State adopted the Local Government Comprehensive Planning and
Land Development Regulation Act, which requires that the City revise its
Comprehensive Plan according to strictly established rules and criteria by September
1988.
Although the preparation of the Plan was delayed by three years due to the 1985 State
law, the citizens concerns and problems raised .from the series of neighborhood
meetings have been incorporated into the planning process.
A total of twenty-two (22) neighborhood meetings have been held between July 1985
and January 1988.. The meetings were held at various locations throughout the City
and for many diverse groups. The groups ranged from neighborhood organizations to
condominium associations and American Legion Posts. The public was kept informed
of the Year 2000 planning process and City officials answered questions from the
audience.
A slide show was included in the meetings explaining various projects underway or
completed and the many directions in which the City of Miami Beach is moving. The
concerns expressed by the public in 1983 and responses by the City were discussed at
these meetings. Additionally, the 1983 Questionnaire again was distributed at the
August and September meetings.
A second series of civic leader interviews was conducted in 1987, utilizing the same
format and questions which were originally asked in 1983-84.
The Year 2000 Planning Program, in the City of Miami Beach has become an easily
recognizable mechanism that will allow citizens to air their concerns and .government
officials to fully understand the community's needs and aspirations. It is through a
continuation of the Year 2000 Planning Program, that the City of Miami Beach will
allow for public participation in the adoption of the Year 2000 Comprehensive Plan.
xvii
IV. EXISTING MONITORING AND EVALUATION PROCEDURES
(To Be Deleted Upon Final Enactment)
A. INTRODUCTION
The comprehensive planning program in Miami Beach will be a continuous and ongoing
process. The central components of that process will be the procedures for monitoring
plan -related activities, preparation of periodic evaluation and appraisal reports, and
preparation of updates to the local comprehensive plan.
The following is a description of the monitoring, updating and evaluation procedures
which the City will follow in accord with the requirements of 95-5.005(7), FA.C., and
section 163.3191, F.S., including the preparation of the five-year evaluation and
appraisal report and the means of ensuring continuous monitoring and evaluation of
the plan during the five year period.
The Miami Beach Planning Board, as the designated local planning agency will be •
responsible for preparing the five-year evaluation and appraisal report. The Miami
Beach Planning and Zoning Department will serve as the staff for the Planning Board
in preparing the report. Procedures for submittal to the governing body, adoption by
the governing body, and transmittal to state land planning agency shall be as required
and described in section 163.3191,F.S.
B. UPDATING BASELINE DATA
All data tables contained in the City's comprehensive plan adopted in 1989 and in the
published support documents which can be updated without unduly large cost to the
City will be updated such that the data is as current as feasible at the time of
preparation of the five-year evaluation and appraisal report (EAR).
If possible, data for the EAR will be obtained from the same sources as were used in
preparation of the 1989 comprehensive plan, including both primary and secondary
sources. If for whatever reason the original source is no longer available or is no
longer considered to be professionally acceptable, the City will attempt to identify
alternative sources that can provide the same or similar acceptable data. However,
even if the same data is available from the original source, the City may elect to use
alternative sources, either primary or secondary, if the City determines that the
alternative source is more suitable than the original source.
In all cases, care will be taken to ensure that the data collected for the EAR is
comparable with the original data used in preparation of the comprehensive plan_
.Every reasonable effort will be made to avoid erroneous interpretations due to
differences in definitions, accuracy, levels of aggregation, or other methodological
factors involved in the generation and compilation of the data.
In the event current data is not available from either the original source or an
acceptable alternative source, the City will prepare or arrange to have prepared
estimates of the particular data. The determination of which methodologies and
procedures will be used and followed will depend upon which types of data need to be
estimated, which cannot be known with certainty until that time. The decision as to
which data series will be estimated will be made during the twelve month period prior
to adoption of the five-year EAR and only after thorough research of sources existing
and available at that time.
In general, the updating process will begin in the twelve month period just prior to the
date five years from the date of adoption of the comprehensive plan. However, if
deemed necessary and appropriate by the City, the updating process may begin earlier
or later.
On the following page is a list of the data series showing the original source, form in
which it was obtained, and the proposed source for the five-year EAR. The actual
sources used in preparing the EAR may be different than those indicated, however.
As noted above, which specific sources are used will depend on the circumstances at
the time.
C. PROGRESS TOWARD GOALS AND OBJECTIVES
Progress toward the realization of stated goals and the accomplishment of measurable
objectives will be assessed primarily in terms of the quantifiable measures expressed
in the objectives. Policies, which are defined in 9J-5, FAC, as —"the way in which
programs and activities are conducted ...", generally are not quantifiable and therefore
will be assessed in terms of implementation.
The key element in the analysis is the assessment of progress in meeting the objectives.
As defined in 9J-5, FAR, an objective is "_ a specific, measurable, intermediate end
that is achievable and marks progress toward a goal". The degree of progress can be
analyzed in quantified terms and objective conclusions made. Equally important, the
degree to which the objectives are reached provides a measure for assessing realization
of the goals.
1. Progress Toward Obiectives
The first step in the analysis will be the collection and compilation of the
current data to update the baseline data. This process was described in the
subsection above.
The second step will be to collect and compile any other data that might be
needed to adequately measure the achievement of objectives. The specific
procedures will depend on the determination at the time of which data is
needed and what the most appropriate sources are.
The third step will be to calculate the quantifiable changes from the base
period., in either absolute amounts or percentages, or both. In some cases, the
measure will be simply whether the specified element or condition exists (c.g.
public hazard or ordinance). All statistics will be displayed in table form.
The fourth step will be to calculate or otherwise determine the status, in
quantified form, of the subject addressed in each objective. The degree to
which the data indicates achievement, under achievement or over achievement
of the objectives will be established and displayed in tables, charts or graphics,
as appropriate, and will be described in accompanying text.
xix
COMPREHENSIVE PLAN AND EAR DATA SOURCES
City of Miami Beach
Proposed EAR Source
Source for Comp Plan
Form Obtained
Type of Data
0
ii
0
a
0
v
1990 Census
1980 Census
Document/Printout/Tapes
m
7
m
C
0
U
Population
O 0 0 0 0 0 0 0 0 0 0 0 0 0
E e g E E E B s E E E E E E
O 0 0 0 0 0 0 0 0 0 0 0 0 0
O m m tO 0 o 0 o m m m m m CO
University of Florida
E
0
w
4.3
s4
0
a.
0
a
Interim Estimates (Total)
MB Planning & Zoning
Staff Estimates
Dade Co. Planning
Computer Prineout
la
43
0
CI
v
a) 0
O i.7
44) 0
O E
a
-.4
4) m
O C
43 0
-.1
e 43
-.1 0
L1 0
Ca -n
.N 0
C it
N a
MB Planning & Zoning
Staff Estimates
Projections (Detail)
Future Land Use
MB Planning & Zoning
Field Surveys/City Files
Existing Land Use
MB Planning & Zoning
Calculate from Map
Future Land Use
MB Planning & Zoning
Calculate from Map
Acreage by Zoning Type
Dade Co. School Board
Report Form
School Attendance
Convention&Visitors Bureau
Report Document
Tourist Accommodations
O 0
O 0
O 0
1.4
O 0
m CO
O 0
$4 u
O 0
4J 43
-P4 -P4
Ca 0
> >
la %a
C C
o o
-.4 -4
C C
O 0
> >
C C
o o
U U
Report Document
Resort Tax Collections
Report Document
Tourism Facts
Capital Improvements
Other Elements & CIP
Report Documents
Scheduled Projects
m m
z z
0 0
m m
z z
Forms/Documents
Forms/Documents
54 14
O 0
n. a
O 0
a 00
Revenue & Tax Data
Budget Data
City of Miami Beach
0
0
O
m
Proposed EAR
Source for Comp Plan
m
2 �
2 m
•
2 E E • E al! E E E 8 • E • E V
O 4 0 to 0 4 0 0 0 0 0 0
CO 03 m m m m m m m m m O m
2 01
2 0►
r1
2
2
0
Type of Data
Revenue Projections
MB Finance Dept
Report Documents
Bond Information
MB P&Z/OMB/Finance
Staff Projections
Revenues vs Expenditures
Infrastructure
y
a
0
C
m4
my
O 4
-3
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0 0
0
CG
m m
Cy
0
�E
0
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in 0
O 0
a ▪ �3
w 0
wa
O 0
,3a
y
Projected Demand
Dade Co. WASA
Report Documents
Water & Sewer Capacities
MB Public Services Dept
Dade Co Public Works
m
4.3
m C
a
o
N.0
0
0
za
o 4.)
ami o
a
0
Storm Water Capacities
Solid Waste Capacities
Dade Co. WASA
Report Documents
Co. WASA
m
'O
0
G
Report Documents
MB Public Services Dept
43
C.
0
20 01
m • 2T
m�
U 'O
.-I
O-.4
co
O
in
3
m
0
O 0 0
i3 i.3 -n
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m 0 fa
O 3 0
t 0 3
O . to 0
Pi
Sa O
tr
O C
fa 4.) $4 •P4
O ".4 0 0
r3 C i3
3 C13 3
Type of, Housing Units
1990 Census
1980 Census
Documents/Printouts
Dwelling Units
43 4-)
C US
O 0
CG U
0
US Sa E E
as 0 0 0
O
Sa 3
CD O +-a
1 I
>. >. 0 0
(14 O'—+ r—I44-)
0 $.1 .0 OL I
1.1
OCCr+CCtn
01 0 0 c0 0 CO 0
4 E > =I U
xxi
COMPREHENSIVE PLAN AND EAR DATA SOURCES
City of Miami Beach
m t
0 2
i4 t
0 2
O t
m
2 Vle E 13
'C 2 O m m CO CO
0 2 0%
m 2 0%
O 2 ri
21kI
O 2
a
Source for Comp Plan
t C t
t U E 7 E
t 0 4 0
t O U U
i .4 O -•C4 O
2 U 0 U
2 W 7 W
2 0
: m =02
t =_
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•v 2 0C
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-�-� t -•+ 7
CI i a 00
O i m�
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a l4
0 i m
oa
0
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Type of Data
Condition
Report Forms/Files
Subsidized Housing
FL HRS/ MB Plannig Dept
MB Building Dept
Group Homes
Housing Stock Changes
1990 Census
1980 Census/MB Planning
Documents/Staff Est.
Persons per Household
1990 Census
1980 Census/MB Planning
Documents/Staff Est.
Household Income
E 0 0 0 0 0 0 0 0
m m mm 000 0 to
MB Planning
Staff Estimates
Housing Projections
Traffic Circulation
Public Works
44)
0 am
aG 0 ae
0 GI ;401
3 m3
0
U�4 oE+ -� U
+
•++ E
..0 .�Q G
7 0=
W 0 O04 0-
• • W U . r
0 0 • U
0 -4
0 0 7 0
v 13 a Ta
m 40 m
0 0 me
z
Report Documents
m m m
MC 0 0 0
ww Ego
4+44 0 0 0
O00
0 0 O��
00 000
as 000
aaa
Street Improvements
Mass Transit
Metro -Dade Transit Authority
Report Documents
Transit Routes
0
0
0
Recreation & Open
MB Public Services Dept
Inventory
Existing Facilities
City of Miami Beach
O 2
O 2
f4 • 2
7 2
O 2
CA 2
2
2 0 0 • • • • • 0 0 0 0 0 0 0
w 2 8 Q 0 H 0 0 0 0 0 0 0 0 0 0
2 0 0 0 • • 10 0 Q 0 0 0 0 0 as
't1 2 m t0 t22 2D 20 m 20 20 m t0 t22 o t4 m
4, 2
to 2
o 2
O. 2
o 2
2.i 2
a. 2
Source for Comp Plan
2
2
2
2
2
2
2
2
2
2
2
2
2
t
2
Type of Data
MB Planning
Inventory
Beach Access Points
MB Planning
MB Public Services
0
U
0
•
Beachfront Parking
Ornamental Open Space
US Dept Agriculture
Document/Map
•
a
Z
e
a
e
o ao
O 0
as
O sa
o .c
O 0
• 0 to
m -
a n "4
o 0
✓ to Cl)
University of Miami
Report Document
Fish Types
Tropical Audubon Society
Report Document
Dade Co. DERM
Report Document
Air Quality
Fed. Emer. Man. Agency
O)
t0
X
High Hazard Coastal Areas
Report Document
Water Quality
MB Public Services
m
42
"4
fs•
Storm Sewer Improvements
MB Fire Department
Report Document
Hurricane Information
Intergovern. Coordination
MB Planning
Inventory
Agencies for Matrix
Historic Preservation
MB Planning
Inventory of Districts
2. progress Toward Goals
Goals refer to a more generalized state than objectives and are less specific. As
a result, the measurement of progress toward achieving goals is less precise than
for objectives. Furthermore, there is a greater degree of subjectivity involved
in assessing whether the desired state has been achieved.
For the purposes of the EAR., the City will assess progress toward realization of
the goals by means of the following four procedures:
o The results of the procedure for assessing progress toward achieving the
objectives, as described above, will be used as a measure of progress
toward reaching goals;
o Comparison of other data contained in the baseline and updated series,
but not reflected in the objectives, will provide a second measure of
progress. By comparing the updated data with the baseline data,'
improvement, degeneration or lack of change relative to the goal can be
identified.
• If other data sources are identified which provide a comparison between
the conditions at the time the comprehensive plan was adopted and the
preparation of the EAR., and the data is relevant to one or more of the
goals, the City may elect to include the statistical comparison as an
additional measure of progress toward reaching the goal. Included in
this category would be those factors measured simply in terms of the
existence or non-existence of an element or condition (e.g. elimination
of a hazard, or adoption of an ordinance);
o Lastly, progress toward the goals will be assessed in terms of the
perceptions of people, providing an accounting of opinions. Such an
approach is warranted because many values reflected in the goals have
a subjective basis, such as aesthetics, quality of life and adequacy. The
perceptions and opinions of the residents, property owners and business
owners in Miami Beach will be solicited by means of public meetings,
LPA workshops, and surveys. Specifics are described in the subsection
of Monitoring and Evaluation Procedures entitled "Public Participation".
After the analysis described in the four procedures above has been completed,
the findings relative to the degree to which the goals have been reached will be
described in text, table and graphic form, as appropriate.
3. Amessment of Policies
The assessment of policies will be based on the degree to which the policies were
implemented and the degree to which official actions adhered to or deviated
from them.
The assessment of implementation of policies will entail a simple accounting of
whether the action addressed in the policy was carried out and if so, whether
it was totally or partially completed.
The assessment of adherence and deviation will entail contact with the City
department, boards and agencies which have responsibility for the subject
actions. Incidences involving the policy will be listed and described and the
,ociv
actions taken will be noted. A determination of whether the action adhered to
or deviated from the policy will be made and recorded.
After the analysis described above has been completed, the findings will be
described in text, table or graphic form, as appropriate.
D. OBSTACLES AND PROBLEMS
The EAR will contain a section which provides a discussion of the obstacles and
problems found to have contributed to the under achievement of a goal or objective,
or the failure to implement a policy. The process described above for identifying
goals, objectives and policies which were not achieved will provide the list of goals,
objectives and policies to be analyzed.
The following tasks will be undertaken to identify, if possible, the specific obstacles
or problems:
o City departments, boards, outside agencies, private parties and others involved
in the activities addressed by the goals, objectives or policies will be
interviewed. Opinions as to the nature of the obstacles or problems causing the
under achievement will be recorded.
o Empirical data and information related to the issues will be collected from
available sources, which may include files, inventories, surveys and documents.
o The empirical data will be analyzed in an effort to determine which of the
suggested obstacles and problems can be substantiated.
o Obstacles and problems which can be substantiated will be described in text,
table and/or graphic form.
E. NEW OR 114tuliu•tnsw GOALS, OBJECTIVES OR POLICIES
The evaluation and appraisal report will suggest changes to the comprehensive plan
deemed necessary to adequately address the identified obstacles and problems. Such
recommendations may address changes, additions or deletions of goals, objectives or
policies.
The recommendations will be prepared by the Planning Board and City staff based on
the analysis as described in these Monitoring and Evaluation Procedures and other
research and analysis as might be necessary and appropriate, depending upon the issues
addressed and circumstances at the time. Public input will be provided for as
described in the public participation procedures outlined below.
F. PUBLIC PARTICIPATION
The City will provide for and encourage public participation in the preparation of the
five-year evaluation and appraisal report (EAR) in a manner similar to that followed
in preparation of the revised comprehensive plan. The procedures will include the
following:
1. Provisions to keep the general public informed.
a. Relative to adoption by the City Commission of the evaluation and appraisal
report, the general public will be notified by newspaper advertisements which
will meet the following requirements:
xxv
(1) Planning Board meeting to transmit to Commission. First notice at least
fourteen (14) days before meeting. Second notice at least five (5) days
before meeting.
(2) City Commission meeting to adopt EAR. First notice at least fourteen
(14) days before meeting. Second notice at least five (5) days before
meeting.
(3) The required advertisements shall be no less than one-quarter page in a
standard size or a tabloid size newspaper, and the headline in the
advertisement shall be in a type no smaller than eighteen (18) point.
(4) The advertisement shall not be placed in that portion of the newspaper
where legal notices and classified advertisements appear.
(5) The advertisement shall be published in a newspaper of general paid
circulation in the City of Miami Beach and- of general interest and
readership in the community, not one of limited subject matter.
(6) The advertisement shall appear in a newspaper that is published at least
five (5) days a week.
b. The City shall, through its Office of Public Information, issue a press release
regarding the EAR prior to adoption.
c. Copies of the EAR shall be provided for use by the public to the three Miami
Beach branches of the Dade County Public Library, the University of Miami
Library, and Florida International• University Library, the Miami Beach
Department of Planning and Zoning, and the Miami Beach City Clerk's Office.
d. The City, through its Office of Public Information, shall place a standard notice
in the "Calendar" section of the Miami Herald Neighbors, stating that copies of
the City's Five -Year EAR are available in the City's Department of Planning
and Zoning, along with additional information.
e. The City's Department of Planning and Zoning shall send an informational
brochure regarding the EAR to civic and community organizations, and notices
of any and all public hearings shall be mailed to these organizations.
f. The City shall conduct neighborhood public meetings to publicize the EAR.
These meetings shall be duly advertised, and when possible, public notice signs
shall be posted throughout the City advertising these meetings.
2. Provisions for opportunities for public to provide written comments and to
assure consideration of and response to written public comments.
The City will receive written comments from the public concerning the
comprehensive plan or the five-year evaluation and appraisal report (EAR) by
mail at any time and in person in the Planning and Zoning Department, City
Hall any time between the hours of 8:30 a.m. and 5:00 p.m. Monday through
Friday. Also, opportunities will be provided for submittal of written comments
at all Planning Board and City Commission meetings.
The Planning and Zoning Department will maintain a permanent file of written
comments, which shall be available for public inspection at City Hall between
Some meetings will be conducted as joint meetings of three and four
neighborhoods which are grouped on the basis of their shared concerns and
improvement needs. These will provide a forum for citizens to direct their
attention to problems and opportunities that cross theboundaries of their
neighborhoods. During these meetings, discussions will center on the City's Iong-
range improvement needs, the cost of these improvements, the City's operating
and capital expenditure needs, new development potential, and specific actions
that need to be taken in order to bring those opportunities to fruition.
G. CONTINUOUS MONITORING AND EVALUATION
The means of ensuring continuous monitoring and evaluation of the plan during the
five-year period will include the following
1. Pursuant to 9J -S.016(4), FAC, the Capital Improvements Element will be .
reviewed on an annual basis. The review will be done in conjunction with the
annual preparation of the City's five-year capital improvements program (C1P).
Each project proposed for inclusion in the CIP will be analyzed by the City
staff and Planning Board regarding consistency with the comprehensive plan.
Projects will be considered as consistent with the plan if the project is
compatible with the plan (i.e. not in conflict) and furthers or least does not
impede progress toward realization of the plan's goals, objectives and policies.
If a recommended project is found to be inconsistent with the plan, one or more
of the following remedies will be implemented:
a. The project will be modified so as to be consistent with the plan;
b. The comprehensive plan will be amended so as to reflect the need for the
project;
c. The project will be deleted.
Furthermore, it will be the responsibility of the Planning and Zoning
Department to analyze progress toward the goals, objectives and policies of the
comprehensive plan for the purpose of identifying projects which would further
the implementation of the plan and to prepare project recommendations for
consideration in preparation of the CIP and annual review of the Capital
Improvements Element
2. The City will prepare on an annual basis a written report to be submitted to the
designated local planning agency and the City Commission. The report will
contain a summary of the City staffs review of the plan, to include the
following considerations:
a. any corrections, updates, and modifications of the Capital Improvements
Element concerning costs, revenue sources, acceptance of facilities
pursuant to dedications which are consistent with the element, or the
date of construction of any facility enumerated in the element;
b. the Capital Improvement Program's consistency with the Comprehensive
Plan elements and its support of the Future Land Use Element;
c. the priority assignment of existing public facility deficiencies;
d. the City's progress in meeting those needs determined to be existing
deficiencies;
e. the City's effectiveness in maintaining the adopted level -of -service
standards;
f. the City's effectiveness in reviewing the impacts of plans and programs
of state agencies that provide public facilities within the City's
jurisdiction;
g. the effectiveness of impact fees or dedications of facilities for assessing
new development a pro rata share of the improvement costs which they
generate;
h. the impacts of public school board or public health facility decisions
upon the City's ability to maintain its adopted level -of -service standards;
i. capital improvements needed for the latter part of the planning period,
for inclusion in the 5 -Year Schedule of Improvements;
j. development permits issued for new construction, substantial
rehabilitation and demolition during the previous year,
k. changes in the total population and the geographic distribution of the
population;
1. modifications to the development regulations;
m. amendments to the comprehensive plan.
H. SUBMITTAL PROCEDURES
The five year evaluation and appraisal report will be prepared by the Miami Beach
Planning and Zoning Department and the Miami Beach Planning Board, the designated
local planning agency. Upon approval of a majority of the members of the local
planning agency, the report will be forwarded to the Miami Beach City Commission,
the governing body.
The City Commission will adopt, or adopt with changes, the report or portions thereof
within 90 days after receiving it from the local planning agency. If deemed necessary
and appropriate, the City Commission will amend its comprehensive plan based on the
recommendations contained in the adopted evaluation and appraisal report and
pursuant to the procedures in sections 1633184 and 163.3187. Amendments to the plan
and the adoption of the report may be simultaneous. When amendments to the plan do
not occur simultaneously with the adoption of the evaluation and appraisal report, the
report will contain a schedule for adoption of proposed amendments within 1 year
after the report is adopted. The report will be transmitted to the state land planning
agency, with the related amendments when the amendments are transmitted pursuant
to section 163.3184.
PART II: GOALS, OBJECTIVES and POLICIES
FUTURE LAND USE ELEMENT
GOAL:
Ensure that the character and location of land uses maximize the potential for
economic benefit and the enjoyment of natural and man-made resources by
citizens while minimizing the threat to health, safety and welfare posed by
hazards, nuisances, incompatible land uses and environmental degradation.
OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS
Future growth and development, redevelopment and rehabilitation will be managed through
the preparation, adoption, implementation and enforcement of land development regulations.
Policy 1.1
Continue to administer land development regulations (LDR) consistent with s.163.3202, F.S.
that shall contain specific and detailed provisions required to implement the adopted
Comprehensive Plan and which as a minimum-
a. Regulate the subdivision of land;
b. Regulate the use of land and water consistent with this Element and ensure the
compatibility of adjacent land uses and provide for open space;
c. Protect the Conservation (beach) lands designated on the -Future Land Use Map
and in the Conservation Element;
d. Regulate areas subject to seasonal and periodic flooding and provide for drainage
and stormwater management;
e. Regulate design of architecturally significant and oceanfront buildings;
f. Regulate signage;
g. Ensure safe and convenient traffic flow and vehicle parking needs; and
h. Provide that development orders and permits shall not be issued which result in
a reduction of the level of services for the affected public facilities below the level
of service standards adopted in this Comprehensive Plan.
Note: The Zoning Ordinance of the City was extensively amended in 1989 to carry out the
1989 Comprehensive Plan resulting in a set of land development regulations (LDR).
Policy 1.2
The land development regulations which implement this Comprehensive Plan shall, at a
minimum, be based on and be consistent with s.163.3202, F.S. and shall further be based on
the following standards for land use category, land use intensity and land use density
1
Policy 1.2 (continued)
Single Family Residential Category (RS)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and new single family residential development.
Uses which mav be Permitted: Single family detached dwellings end-Stle
rktixig ;.ti.
reaidentiel-areasr
Density Limits. 7 residential units per gross acre.
Intensity limits- Intensity may be limited by such set back, height, floor area ratio
and/or other restrictions as the City Commission acting in a legislative capacity
determines can effectuate the purpose of this land use category and otherwise
implement complimentary public policy.
Townhorne Residential Category (TH)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new townhome residential areas.
Uses which may be Permitted: Single family detached dwellings and townhome
dwellings For the purposes of this use limitation, townhome dwellings are dwellings
arranged on a site with other townhome dwellings in such a way that none of the
townhome dwellings are above or below one another and so that each has its own
entrance to the out of doors.
Base Density Limits: 23 dwelling units per gross acre.
Large Lot and Urban Design Bonus Density Limits- 40 dwelling units per gross acre,
inclusive of base density.
Base and Bonus Intensity limits. Intensity may be limited by such set back, height,
floor area ratio and/or other restrictions as the City Commission acting in a legislative
capacity determines can effectuate the purpose of this land use category and otherwise
implement complimentary public policy. However, in no case shall the base intensity
exceed a floor area ratio of 0.7 uor shall the bonus intensity exceed a floor area ratio of
1.2.
Low Density Planned Residential Category (RM -PRD)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new low density single family and multiple family residential
areas in large scale developments which are carried out in accordance with an overall
development master plan and which have a greater variety of height, set back and
similar configurations than would be appropriate in lot -by -lot development.
2
Policy 1.2 (continued)
Uses which mav be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings; aid multiple family dwellings essii-suelt-ethei-
WA/VA. • plenned-residentiai-areee.
Base Density Limits- 25 dwelling units per gross acre.
Large Lot and Urban Design Bonus Density Limits. 66 dwelling units per gross acre,
inclusive of base density.
Base and Bonus Intensity Limits. Intensity may be limited by such set back, height,
floor area ratio and/or other restrictions as the City Commission acting in a legislative
capacity determines can effectuate the purpose of this land use category and otherwise
implement complimentary public policy. However, in no case shall the base intensity
exceed a floor area ratio of 1.0 nor shall the bonus intensity exceed a floor area ratio of
2.0.
Low Density Multi Family Residential Category (RM -1)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new low density multi family residential areas.
Uses which may be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings; and multiple family dwellings-ed-steh-ethee
Base Density Limits. 34 dwelling units per gross acre.
Large Lot and Urban Design Bonus Density Limits. 90 dwelling units per gross acre,
inclusive of base density.
Base and Bonus Intensity Limits: Intensity may be limited by such set back, height,
floor area ratio and/or other restrictions as the City Commission acting in a legislative
capacity determines can effectuate the purpose of this land use category and otherwise
implement complimentary public policy. However, in no case shall the base intensity
exceed a floor area ratio of 1.0 nor shall the bonus intensity exceed a floor area ratio of
2.0.
Medium Density Multi Family Residential Category (RM -2)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new medium density multi family residential areas.
Policy 1.2 (continued)
Uses which may be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, multiple family dwellings apartment hotels
and hotels.
Gentfaissiell-aetiEg a tr-=imac
._ .
Other uses which may be permitted are adult congregate living
facilities, day care facilities, nursing homes, religious institutions, private institutions,
public institutions, schools, commercial parking lots and garages and non-commercial
parking lots and garages.
Base Density Limits- 56 dwelling units per gross acre.
Large Lot and Urban Design Bonus Density Limits- 136 dwelling units per gross acre,
inclusive of base density.
Base and Bonus Intensity Limits- Intensity may be limited by such set back, height,
floor area ratio and/or other restrictions as the City Commission acting in a legislative
capacity determines can effectuate the purpose of this land use category and otherwise
implement complimentary public policy. However, in no case shall the base intensity
exceed a floor area ratio of 1.25 nor shall the bonus intensity exceed a floor area ratio
Q13.0.
High Density Multi Family Residential Category (RM -3)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new high density multi family residential and hotel areas.
Uses which may be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, multiple family dwellings. apartment hotels
and hotels.
cw• Y�
-A"
..aeknke Other uses which may be permitted are adult congregate living
facilities, day care facilities, nursing homes, religious institutions, private institutions,
public institutions, schools, commercial parking lots and garages and non-commercial
parking lots and garages.
Base Density Limits- 56 dwelling units per gross acre.
Large Lot and Urban Design Bonus Density Limits- 272 dwelling units per gross acre,
inclusive of base density.
Base and Bonus Intensity Limits: Intensity may be limited by such set back, height,
floor area ratio and/or other restrictions as the City Commission acting in a legislative
capacity determines can effectuate the purpose of this land use category and otherwise
implement complimentary public policy. However, in no case shall the base intensity
exceed a floor area ratio of 1.25 nor shall the bonus intensity exceed a floor area ratio
of 6.0.
4
Policy 1.2 (continued)
Low Intensity Commercial Category (CD -1)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new low intensity commercial areas which primarily serve
surrounding residential neighborhoods
Uses which mav be Permitted: Various types of commercial uses including business
and professional offices, retail sales and service establishments, ad eating and
drinking establishments; and apartment residential uses, ,
:...L. •r • •'c c';.ug. ':j
Base Density Limits- 22 dwelling units per gross acre.
Large Lot, Urban Design Bonus and Rehabilitation Density Limits- 66 dwelling units
per gross acre, inclusive of base density.
Base Intensity Floor Area Ratio Limits- 0.5.
Large Lot and Urban Design Bonus Intensity Floor Area Ratio Limits- 1.0, inclusive of
base intensity limits.
Medium Intensity Commercial Category (CD -2)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new medium intensity commercial areas which serve the
entire city.
Uses which mav be Permitted: Uses Permitted: Various types of commercial uses
including, business and professional offices, retail sales and service establishments,
and eating and drinking establishments; apartment residential uses; apartment hotels;
and hotels
intensity-
Base
Base Density Limits. 45 dwelling units per gross acre.
Large Lot, Urban Design Bonus, and Rehabilitation Density Limits- 132 dwelling
units per gross acre, inclusive of base density.
Base Intensity Floor Area Ratio Limits- 1.0.
Large Lot and Urban Design Bonus Intensity Floor Area Ratio Limits- 2.0, inclusive of
base intensity limits.
5
Policy 1.2 (continued)
High Intensity Commercial Category (CD -3)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new medium intensity commercial areas which serve the
entire city.
Uses which mav be Permitted: Various types of commercial uses including, business
and professional offices, retail sales and service establishments, and eating and
drinking establishments; apartment residential uses; apartment hotels; and hotels end
Base Density Limits- 56 dwelling units per gross acre.
Large Lot, Urban Design Bonus and Rehabilitation Density Limits- 396 dwelling units
per gross acre, inclusive of base density.
Base Intensity Floor Area Ratio Limits- 1.25.
Large Lot and Urban Design Bonus Intensity Floor Area Ratio Limits- 6.0, inclusive of
base intensity limits.
Residential / Office Category (RO)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new office residential areas which are compatible with single
family and other residential development.
Uses which mav be Permitted: Offices and certain residential uses including single
family detached dwellings, single family attached dwellings, townhouse dwellings and
multiple family dwellings
Base Density Limits- 34 dwelling units per gross acre.
Large Lot and Urban Design Bonus Density Limits: 56 dwelling units per gross acre,
inclusive of base density.
Base Intensity Floor Area Ratio Limits- 0.75.
Large Lot and Urban Design Bonus Intensity Floor Area Ratio Limits: 1.25, inclusive
of base intensity limits.
Mixed Use Entertainment Category (MXE)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new mixed use areas which accommodate residential, hotel
and commercial development.
6
Policy 1.2 (continued)
Uses which mav be Permitted: Apartments, apartment hotels, hotels and various
types of commercial uses including, business and professional offices (but not medical
or dental offices), retail sales and service establishments, wad eating and drinking
establishments
City Gemnsissien-4. :::.1-a-legislative-eapactyileterinies-ean-efthanee-the
Base Density Limits- 100 dwelling units per gross acre.
Large Lot and Urban Design Bonus Density Limits- 200 dwelling units per gross acre,
inclusive of base density.
Base Intensity Floor Area Ratio Limits: 1.5.
Large Lot and Urban Design Bonus Intensity Floor Area Ratio Limits- 6.0 for hotels
and 3.0 for other uses, inclusive of base intensity limits.
Public Facility: Educational (PF (E))
Purpose: To provide development opportunities for existing and new public
educational facilities.
Uses which mav be Permitted: Public educational facilities and-sueb-ether-relateek
Intensity limits- Intensity may be limited by such set back, height, floor area ratio
and/or other restrictions as the City Commission acting in a legislative capacity
determines can effectuate the purpose of this land use category and otherwise
implement complimentary public policy. However, in no case Shall the base intensity
exceed a floor area ratio of 2.0.
Public Facility: Religious and Hospital PF (RHO)
Purpose: To provide development opportunities for existing and new religious and
hospital facilities.
Uses which mav be Permitted: Religious and hospital facilities and-sueb-ether-relet-ed7
r. cIzegisiative
Intensity T imits• Intensity may be limited by such set back, height, floor area ratio
and/or other restrictions as the City Commission acting in a legislative capacity
determines can effectuate the purpose of this land use category and otherwise
implement complimentary public policy. However, in no case shall the base intensity
exceed a floor area ratio of 3.0.
7
Policy 1.2 (continued)
Public Facility: Governmental Uses and Convention Center Facilities (PF)
Purpose: To provide development for existing and new government uses
including convention center facilities.
Uses which may be Permitted: Governor
uses and convention facilities andh
Intensity Limits- Intensity may be limited by such set back, height, floor area ratio
and/or other restrictions as the City Commission acting in a legislative capacity
determines can effectuate the purpose of this land use category and otherwise
implement complimentary public policy. However, in no case shall the base intensity
exceed a floor area ratio of 2.0.
Parking (P)
Purpose: To provide development opportunities for existing and new parking facilities.
Uses which may be Permitted: Parking facilities and commercial uses when located on
frontage opposite a land use category that permits commercial use ,
Intensity Limits: Intensity may be limited by such set back, height, floor area ratio
and/or other restrictions as the City Commission acting in a legislative capacity
determines can effectuate the purpose of this land use category and otherwise
implement complimentary public policy. However, in no case shall the base intensity
exceed a floor area ratio of 3.0.
Recreation and Open Space including Waterways (ROS)
Purpose: To provide development opportunities for existing and new recreation and
open space facilities, including waterways.
Uses which may be Permitted: Recreation and open space facilities, including
waterwa
Intensity limits- Intensity may be limited by such set back, height, floor area ratio
and/or other restrictions as the City Commission acting in a legislative capacity
determines can effectuate the purpose of this land use category and otherwise
implement complimentary public policy. However, in no case shall the base intensity
exceed a floor area ratio of 0.5.
Policy 1.2 (continued)
Conservation Protected (C)
Purpose: To designate Atlantic chme locations which are protected from the
in .ate encroachment of development because they are a valuable natural
resources which is unsuitable for most types of development in their natural state.
Uses which may be Permitted: Open space encloueb-ether-relatech-eetaprir' neat:my
eseeed-e-fieer-tirea-ratio-ef-0:05T
Light Industrial (1-1)
Purpose: To provide development opportunities for etisting and new public
educational light industrial facilities. JThis change corrects a scrivener's error.1
eapaeitrdetetcaineneae-enk.u4.,,
Light industrial and compatible retail audIrmigeladlitimirhitghauge corrects a
scribners error and resnonds to the DCA Notice of Intent.]
Intensity Limits: Intensity may be limited by such set back, height, floor area ratio
and/or other restrictions as the City Commission acting in a legislative capacity
determines can effectuate the purpose of this land use category and otherwise
implement complimentary public policy. However, in no case shall the base intensity
exceed a floor area ratio of 2.0.
Medium -Low Density Residential ...ance Standard" (R-PS1)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new residential areas which accommodate a mix of different
residential types developed in accordance with flexible design standards.
Uses which mav be Permitted: Single family detached dwellings, sing e family
attached dwellings, townhouse dwellings, apartments, apartment hotels and
institutional uses.
Base Density Limits- 28 dwelling units per gross acre.
Large Lot and Urban Design Bonus Density Liraits- 57 dwelling units per gross acre,
inclusive of base density.
Base Intensity Floor Area Ratio Limits- 0.75.
9
Policy 1.2 (continued)
Large Lot and Urban Design Bonus Intensity Floor Area Ratio Limits- 1.5, inclusive of
base intensity limits.
Medium Density Residential "Performance Standard" Category (R-PS2)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new residential areas which accommodate a mix of different
residential types developed in accordance with flexible design standards.
Uses which mav be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, apartment hotels and
institutional uses.
Base Density Limits- 40 dwelling units per gross acre.
Large Lot and Urban Design Bonus Density J.imits- 70 dwelling units per gross acre,
inclusive of base density.
Base Intensity Floor Area Ratio Limits. 1.0.
Large Lot and Urban Design Bonus Intensity Floor Area Ratio Limits- 1.75, inclusive
of base intensity limits.
Medium -High Density Residential "Performance Standard" Category (R-PS3)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new residential areas which accommodate a mix of different
residential types developed in accordance with flexible design standards.
Uses which mav be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, apartment hotels, hotels and
institutional uses.
Base Density Limits- 53 dwelling units per gross acre.
Large Lot and Urban Design Bonus Density Limits: 85 dwelling units per gross acre,
inclusive of base density.
Base Intensity Floor Area Ratio Limits. 1.25.
Large Lot and Urban Design Bonus Intensity Floor Area Ratio T.imits- 2.0, inclusive of
base intensity limits.
High Density Residential "Performance Standard" Category (R-PS4)
Purpose: To provide development ui,yu. L.ities for and to enhance the desirability and
quality of existing and/or new residential areas which accommodate a mix of different
residential types developed in accordance with flexible design standards.
10
Policy 1.2 (continued)
Uses which mav be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, apartment hotels, hotels and
institutional uses.
Base Density Limits. 68 dwelling units per gross acre.
Large Lot and Urban Design Bonus Density Limits. 102 dwelling units per gross acre,
inclusive of base density.
Base Intensity Floor Area Ratio Limits. 1.5.
Large Lot and Urban Design Bonus Intensity Floor Area Ratio Limits: 2.25, inclusive
of base intensity limits.
Limited Mixed Use Commercial "Performance Standard" Category (C-PS1)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new residential areas which accommodate a mix of different
residential types developed in accordance with flexible design standards.
Uses which may be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, apartment hotels, hotels,
commercial and institutional uses.
Base Density Limits- dwelling units per gross acre. 40
Large Lot and Urban Design Bonus Density Limits. 80 dwelling units per gross acre,
inclusive of base density.
Base Intensity Floor Area Ratio Limits- 1.0.
Large Lot and Urban Design Bonus Intensity Floor Area Ratio Limits. 2.0, inclusive of
base intensity limits.
General Mixed Use Commercial "Performance Standard" Category (C-PS2)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new residential areas which accommodate a mix of different
residential types developed in accordance with flexible design standards.
Uses which mav be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, apartment hotels, hotels,
commercial and institutional uses.
Base Density Limits• dwelling units per gross acre. 85
Large Lot and Urban Design Bonus Density Limits- 106 dwelling units per gross acre,
inclusive of base density.
Base Intensity Floor Area Ratio Limits- 2.0.
11
Policy 1.2 (continued)
Large Lot and Urban Design Bonus Intensity Floor Area Ratio Limits- 2.5, inclusive of
base intensity limits.
Intensive Mixed Use Commercial "Performance Standard" Category (C-PS3)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new residential areas which accommodate a mix of different
residential types developed in accordance with flexible design standards.
Uses which mav be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, apartment hotels, hotels,
commercial and institutional uses
Base Density Limits- dwelling units per gross acre. 113
Large Lot and Urban Design Bonus Density Limits- 158 dwelling units per gross acre,
inclusive of base density.
Base Intensity Floor Area Ratio Limits: 2.5.
Large Lot and Urban Design Bonus Intensity Floor Area Ratio T imits- 3.5, inclusive of
base intensity limits.
Phased Bayside Intensive Mixed Use Commercial "Performance Standard"
Category (C-PS4)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new residential areas which accommodate a mix of different
residential types developed in accordance with flexible design standards.
Uses which may be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, apartment hotels, hotels,
commercial and institutional uses
Base Density Limits- dwelling units per gross acre. 113
Large Lot and Urban Design Bonus Density Iimits- 158 dwelling units per gross acre,
inclusive of base density.
Base Intensity Floor Area Ratio Limits- 2.5.
Large Lot and Urban Design Bonus Intensity Floor Area Ratio Limits- 3.5, inclusive of
base intensity limits.
12
Policy 1.2 (continued)
Density and Intensity Implementation Criteria
Implementation of Base Density and Intensity Limits: Base density and intensity
limits established by this plan shall be implement by development code zoning districts
which may permit, in accordance with the legislative judgment of the city commission,
base densities and intensities up to and including, but not greater than the base
density and intensity specified for each land use category. For all residential uses,
both base densities (expressed as the maximum permitted number of dwelling units
pgrgross acre) and base intensities (expressed as the maximum permitted floor are
ratio) shall apply as alimit on develooment and no development which exceeds either
the junianugumnuitted number of dwelling units or the maximum permitted floor
a ratio shall be approved.
Implementation of Large Lot, Urban Design Bonus and Rehabilitation Density and
Floor Area Ratio Intensity Limits: Large lot, urban design bonus and rehabilitation
density and/or floor area ratio intensity limits established by this plan may be
implemented in whole or part by development code zoning districts which permit
various densities and intensities up to and including, but not greater than, the large
lot, urban design bonus and rehabilitation density and intensity limits specified for
each land use category. For all residential uses. both bonus densities (expressed as the
maximum permitted number of dwelling units per gross acre) and bonus intensities
(expressed as the maximum permitted floor area ratio) shall apply as a limit on
development and no development which exceeds either the maximum permitted
number of dwelling units or the maximum permitted floor area ratio shall be
Interaction of Density and Intensity Limits on Individual Lots: Both density and
intensity restrictions shall apply to residential uses. Only intensity restrictions shall
apply to non-residential uses. No lot area which is counted toward meeting the lot area
required for the residential uses on a lot shall also be counted toward meeting the lot
area required for non-residential uses on the same lot. Apartment hotels are hereby
defined as residential uses. Hotels are hereby defined as nonresidential uses. For the
purpose of this Polices. a hotel is a building occupied or intended to be occupied
exclusively by transient residents or transient residents plus any live-in staffAn
apartment hotel is a building occupied or intended to be occupied by transient
residents in one or more hotel units and permanent residents in residential units.
Floor Area Ratio for Hotels which are West of Collins Avenue and which are in a Local
Historic District or on the National Register of Historic Places: The base and
maximum floor area ratio shall be 1.75 and 3.5, respectively._
Undesignated Fisher Island Lots: Fisher Island lots that are not otherwise designated
are hereby designated Recreation and Open Space.
13
Policy 1.2 (continued)
Commercial Uses not Permitted in_Land Use Categories which Permit a Mix of
ResidentiaLand Commercial -Uses: Land develooment-regulations shall specifically
identify commercial uses which are prly incompatible with residential uses and
which shall therefore NOT be permitted in land use cateeories that permit both
residential and commercial use. Such_prohibited uses shall include. but tat
Decessarily be limited to the following:
Adult entertainment usej
Automobile and boat sales servim and_rental uses
Automobile filling and service stations
Automobile parts and accessory uses
Automobile washing gatablisjuments
Bars. lounges and related entertainment uses when not located within a hotel
Boat storage establishments. butnot marinas
Building material sales
Department stores
Dry cleanjggAnd laundry facilities serving pick un stations located off the
Fast food restaurants
Food storage lockers
Food stores occupying 10.000 square feet or more
Furniture and domestic equipment rental establishments
Furniture reupholstering and repair. but not furniture stripping
Funeral homes and crematoriums
Game arcades
Greenhouses
moor commercial recreation uses - -
Gun clubs and shooting galleries
Kennels
Laundry and cleaning establishments that serve primarily institutional
customers or facilities that serve othahundrylatishaning establishments
Liquor stores amity stores
Mobile home sales and rental
Monument sales establishments
Nurseries. retail. for the sale of plant materials grown off the premises
Pawn shops
Recreation vehicle parks and sales and service establishments
Recycling collection centers
Repair shops primarily provi s • g repair for household gds and primarily
dealing directly with the public
Taxidermists.
Trade schools
Trailer sales and rental establishments
Upholstering. cloth and canvas products fabrication. including the fabrication of
slipcovers. awnings = . d similar products.
Veterinary clinics and hospitals
Policy 1.3
Land development regulations shall continue to address the location and extent of non-
residential land uses in accordance with the Future Land Use Map and the policies and
14
descriptions of types, sizes and intensities of land uses contained in this Klement In
addition. development in land use catogories which permit both residential and non-
residential uses shall be tedJ y formalizedland development regulations which are
designed to ensure adequate land use compatibility. Compatibility shall be achieved by one
or more of the follower 1) horizontal separation of residential and non-residential uses: 2)
horizontaLseparation of residential uses from.non-residential aciity concentrations: 3)
vertical separation of residential and non-residential uses: 4) enumeration of special land
uses which may be particularly incompatible with residential uses: 5) enumeration of special
land use criteria to ensure thaapon-residential special land uses are properly located with
respect to any residential uses to which they may be incompatible: and 6) enumeration of
special land use administrative procedures which require public hearings prior to special
land use approval. In determining incompatibility consideration shall begiven to noise,
lighting. shadows_ assess. traffic. parking. height, bul>.landscapipg jnours of operation,
buffering and anv other criteria that may be important.
Policy 1.4
The 1994 Future Land Use Map "down planning" changes which further the data and
analysis findings and other amended policies shall be reflected in amendments to the zoning
map in the land development regulations. These regulations shall also continue to contain
performance standards which:
a. Address buffering and open space requirements;
b. Address historically significant r. r - Gres meriting protection; and
c. Address quality of design and aesthetics.
Policy 1.5
During early 1994, the City hall conduct a detailed study of the Collins Avenuellndian
Creek Drive area, between 59th and 63rd Streets and prepare a Future Land -Use Map
amendment to appropriately down plan this area if required by the results of this study.
OBJECTIVE 2: INNOVATIVE DEVELOPMENT
The land development regulations shall continue to be consistent with s.163.3202, F.S. and
with the Future Land Use Map, consistent with sound planning principles, minimal natural
limitations, the goals, objectives and policies contained within this plan, and the desired
community character, and which shall emphasize innovative land development techniques,
such as mixed use development.
Policy 2.1
Innovative land use development patterns, including mixed uses shall continue to be
permitted and encouraged through the provision of floor area ratio bonuses for non-
residential development in areas designated as residential/commercial and mixed-use
entertainment in the Future Land Use Map.
Policy 2.2
Residential multifamily rehabilitation projects shall combine undersized units, if individual
units consist of less than 200 square feet, to provide larger sized apartment units, as
specified in the LDR.
15
Policy 2.3
Rehabilitation projects involving architecturally significant buildings shall be permitted to
waive on-site parking requirements if the provision of on-site parking is not possible.
Payment of parking impact fees will be permitted in lieu of providing on-site parking. See
Section 7-7 of the LDR.
Policy 2.4
Mixed use developments will continue to be encouraged in all areas designated as commer-
ciaVresidential and MXE by creating mixed use development districts in the land
development regulations which are consistent with s.163.3202, F.S. and which will permit
floor area ratio bonuses for provision of combined hotel, residential and commercial
developments in accordance with Policy 1.2 of this Future Land Use Element.
Policy 2.5
Those geographic areas of the City which are designated on the Future Land Use Map as
High Intensity Residential, Residential/Commercial High Intensity, or Mixed Use
Entertainment are hereby specifically designated as highly suitable for increased threshold
intensity for the purpose of development of regional impact thresholds contained in Chapter
380, Florida Statutes, and Chapter 28-24, Florida Administrative Code.
OBJECTIVE 3• HISTORIC AND NATURAL RESOURCE PROTECTION
The City land development regulations shall continue to be consistent with s.163.3202, F.S.
and which protect conservation and historic resources.
Policy 3.1
Areas designated as historic cha1l continue to have development reviewed under LDR
Section 19 as follows:
a. Residential rehabilitation shall conform to adopted design standards;
b. Recreational development must be compatible with the surrounding environment
and shall be subject to performance standards adopted in the land development
regulations;
c. The
Tun fi
clearing of trees, shall be prohibited, unless specically permitted by Dade
County;
d. All applications for development approval shall be subject to site plan and design
review;
e. Demolition of historic buildings shall be limited by requirements to conform to
applicable provisions of the City's historic preservation ordinance.
Policy 3.2
Within areas designated on the Future Land use Map as Conservation, no new development,
or expansion or replacement of existing development shall be permitted except revegetation
and construction of a beachfront promenade.
16
Policy 3.3
Historic resources shall continue to be protected through designation as historic sites by the
City or State, including the new City Center/Historic Convention Village district.
Policy 3.4
A list of designated historic resources shall be submitted to U.S. Department of Interior for
inclusion on the National Register of Historic Places.
Policy 3.5
Miami Beach shall continue, with the assistance of preservationists, to update the new
database of significant historic resources which are in need of protection.
Policy 3.6
Adaptive reuse of historic structures chall be given priority over activities that would harm
or destroy the historic value of such resources in conformance with new Section 6-16 of the
LDR.
OBJECTIVE 4: HURRICANE EVACUATION
Continue to coordinate City (i.e., coastal area) population densities with the Metropolitan
Dade County Emergency Operations Plan, which is the local hurricane evacuation plan for
Miami Beach, and the Lower Southeast Florida Hurricane Evacuation Plan, the regional
hurricane evacuation plan by approving no Future Land Use map or zoning map
amendments that increase density.
Policy 4.1
Permitted City population densities shall be reduced to better conform with the 1991 Lower
Southeast Florida Hurricane Evacuation Study as revised by the U.S. Army Corp of
Engineers and the National Hurricane Center.
Policy 4.2
Permitted City population densities shall be reduced to better conform with the Metropolitan
Dade County Offices of Emergency Management's 1991 Emergency Operations Plan and the
experience with Hurricane Andrew.
OBJECTIVE 5: CONCURRENCY MANAGEMENT
Meet the concurrency management requirements of Ch. 9J-5.0055 FAC and the LDR, and
the land needs for utilities.
Policy 5.1
The City shall continue to participate in the County impact fee ordinance program.
17
Policy 5.2
Land Development Regulations pertaining to concurrency management system shall be
amended to reflect Ch. 9J-5.0055 FAC and this policy. No development permit shall be
issued unless the public facilities necessitated by the project (in order to meet level of service
standards specified in the Traffic Circulation, Recreation and Infrastructure Policies will be
in place concurrent with the impacts of the development or the permit is conditional to
assure that they will be in place. The requirement that no development permit hall be
issued unless public facilities necessitated by the project are in place concurrent with the
impacts of development shall be effective immediately and shall be interpreted pursuant to
the following.
1. Measuring Conformance with the Level -of -Service
Public facility capacity availability shall be determined by a set of formulas that
reflect the following.
Adding together:
• The total design capacity of existing facilities; plus
• The total design capacity of any new facilities that will become available
concurrent with the impact of the development. The capacity of new
facilities may be counted only if one or more of the following can be
demonstrated:
(A) For water, sewer, solid waste and drainage:
(1) The necessary facilities are in place and available at the time a
certificate of occupancy is issued, or
(2) Such approval is issued subject to the condition that the
necessary facilities will be in place and available when the
impacts of development occur, or
(3) The new facilities are guaranteed in an enforceable
development agreement to be in place when the impacts of
development occur. An enforceable development agreement
may include, but is not limited to, development agreements
pursuant to Section 163.3220, Florida Statutes, or an
agreement or development order pursuant to Chapter 380,
Florida Statutes (the Development of Regional Impact
authorization).
(B) For recreation:
(1) Paragraphs (1)-(3) under (A) above except that construction
may begin up to one year after issuance of a certificate of
occupancy.
(2) The new facilities are the subject of a binding executed contract
for the construction of facilities to be completed within one year
of the time the certificate of occupancy is issued, or
(3) A development agreement as outlined in (4) above but requiring
construction to begin within one year of certificate of occupancy
issuance.
18
(C) For traffic:
(1) Paragraphs (A) (1) through (4) or (B) (2) above except that
construction can begin up to three years after the approval
date.
(2) No modification of public facility level -of -service standards
established by this plan shall be made except by a duly enacted
amendment to this plan.
Subtracting from that number the sum of:
• Existing volumes or flows; plus
• "Committed" volumes or flows from approved projects that are not yet
constructed; plus
• The demand that will be created by the proposed project, i.e., site plan, plat
or other development order.
In the case of water, sewers, solid waste and recreation, the formulas must
reflect the latest population vis a vis flows or park acreage.
Design capacity shall be determined as follows:
Sewage: the capacity of the County sewage treatment system.
Water: the capacity of the County water treatment and storage system.
Solid Waste: the capacity of the County disposal system.
Drainage- The on-site detention capability and/or storm sewer capacity.
Roadways: The standard for measuring highway capacities shall be the
Florida DOT Table of Generalized Two -Way Peak Hour Volumes for
Urbanized Areas or other techniques that are compatible to the maximum
extent feasible with FDOT standards and guidelines. The measurement of
capacity may also be determined by engineering studies provided that
analysis techniques are technically sound and acceptable to the City.
Recreation: Measurement chall be based on recreation data in the
Comprehensive Plan plus the latest City population estimate with any
necessary interpretation provided by the City manager or designee thereof.
Transit: The County Transit Agency bus schedules for routes within the
City.
2. Concurrency Monitoring System
The manager or designee thereof q1.1 All be responsible for monitoring facility
capacities and development activity to ensure that the concurrency management
system data base is kept current, i.e., includes all existing and committed
development. This data base shall be used to systematically update the formulas
used to assess projects. An annual report shall be prepared.
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3. Capacity Reservation
Any development permit application which includes a specific plan for
development, including densities and intensities, shall require a concurrency
review. Compliance will be finally calculated and capacity reserved at time of
final action of an approved final Design Review approval or building permit if no
Design Review is required or enforceable developers agreement. Phasing of
development is authorized in accordance with Rule 9J-5.0055. Applications for
development permits cha11 be chronologically logged upon approval to determine
rights to available capacity. A capacity reservation shall be valid for a time to be
specified in the land development code; if construction is not initiated during this
period, the reservation chap be terminated.
4. Administration
The City manager (or designee thereof) shall be responsible for concurrency
management. The land development code shall specify administrative
procedures, including an appeals mechanism, exemptions, plan modifications,
burden of proof, etc.
5. Project Impact or Demand Measurement
The concurrency management user's procedural guide (a supplement to the land
development code) will contain the formulas for calculating compliance plus
tables which provide generation rates for water use, sewer use, solid waste and
traffic, by land use category. Alternative methods acceptable to the Director may
also be used by the applicant. For example, traffic generation may be based upon
the Institute of Transportation Engineer's "Trip Generation" manual.
Policy 5.3
As a part of the capital improvement program process, public facilities and utilities shall be
located to: a) maximize the efficiency of services provided; b) minimi,e their cost; and
c) minimize their impacts on the natural environment.
OBJECTIVE 5A: LAND FOR UTILITY FACILITIES
The City shall assure the ability to provide land needed for utility facilities to serve the
Future Land Use Plan.
Policy 5.4
The LDR shall continue to provide for the land needed by utility systems.
20
OBJECTIVE 6: INCONSISTENT USES
The City land development regulations shall continue to provide for the discontinuation of
non -conforming land and building uses which are incompatible or inconsistent with the
Future Land Use Plan.
Policy 6.1
Expansion or replacement of land uses, which are incompatible with the Future Land Use
Plan, shall be prohibited and enforced through zoning decisions.
Policy 6.2
Regulations for buffering of incompatible land uses shall continue to be enforced as set forth
in the City's land development regulations, consistent with s.163.3202, F.S.
OBJECTIVE 7: INTERGOVERNMENTAL COORDINATION
The City shall improve coordination with affected and appropriate governments and agencies
to maximize their input into the development process and mitigate potential adverse impacts
of future development and redevelopment activities, particularly relative to Biscayne Bay;
see policy for measurability.
Policy 7.1
Recommendations and corrective actions described in the Intergovernmental Coordination
Element are hereby incorporated by reference and 6%11211 continue to be implemented.
Policy 7.2
Requests for development orders or permits shill be coordinated, as appropriate, with Dade
County, special districts, the Regional Planning Council, the Water Management District
and state and federal agencies. Special emphasis shall be placed on conformance with the
Biscayne Bay Aquatic Preserve Management Plan and by achieving Biscayne Bay Shoreline
Development Review Committee review of 100 percent of applicable projects.
OBJECTIVE 8: TOPOGRAPHY
The City shall coordinate future land uses with the appropriate topography-, see policy for
measurability. (Note: An objective 9J-5.006 (3) (b) as it relates to soil conditions is not
applicable as the City's soils consist entirely of man-made soils and beach sand).
Policy 8.1
The City shall continue to require that first floor elevations be constructed at 8.33 to 11.0
feet at mean low tide to allow maximum protection during flood conditions. This provision
shall not apply within Historic Preservation Districts where first floor elevations may be set
below 8.33 feet. but shall be set at the highest level consistent with the historic character of
the area. 1This change clarified the intent of the City with respect to flood elevations in the
special circumstances that east within historic districts.)
21
OBJECTIVE 9: REDEVELOPMENT
The City shall undertake an additional redevelopment area program by 1995.
Policy 9.1
The City shall secure the necessary approvals in order to undertake a City Center/Historic
Convention Village redevelopment area project by 1995.
Policy 92
The City cha11 continue to implement the South Pointe Redevelopment Area project with
emphasis on townhouse infill construction.
Policy 9.3
The City shall continue its code enforcement program to address blight. By 1995 the City
shall enhance the program through a joint venture with the Housing Authority; special
attention shall be devoted to the North Beach area.
OBJECTIVE 10: GATEWAY URBAN DESIGN
Achieve a high quality of streetscape design at the key entrance ways to the City.
Policy 10.1
By 1998, the City shall design and implement streetscape improvements to the western
segments of Fifth Street, 41st Street and 71st Street and Collins/R ino Avenues at the
north city line.
Note: The following are not applicable to Miami Beach:
Objective 9J-5.006 (3) (b) 7 urban sprawl
Policy 9J-5.006 (3) (c) 6 wellfields
22
TRAFFIC CIRCULATION ELEMENT
GOAL:
To ensure the development of a safe, efficient and integrated motorized and non -
motorized transportation system in the City of Miami Beach.
OBJECTIVE 1: LEVEL OF orn.viu�
To require that roadways within the City operate at acceptable levels of service (LOS)
coordinated with the Future Land Use Map.
Policy 1.1
The City hereby adopts the following peak hour LOS standards for each listed facility type:
• Local roads - LOS Standard D
• Collector roads - LOS Standard D
• Arterial roads - LOS Standard D
• Limited access roads - LOS Standard D
Policy 1.2
The City shall review all proposed developments for impact upon the adopted LOS
standards.
Policy 1.3
By 1995, a transportation study of the Civic and Convention Center area shall be developed
as a part of the redevelopment plan including recommendations for the pedestrian and
vehicular circulation and vehicle parking.
OBJECTIVE 2: ROADWAY SAFETY AND LANDSCAPING
To provide a safe and attractive transportation system throughout the City by undertaking
the following policies:
Policy 2.1
Improve the safety of the road network by:
1. replacing missing road signs,
2. repairing malfunctioning signal heads, and
3. removing or trimming roadside shrubbery that blocks visibility.
Policy 2.2
The City of Miami Beach Police Department shall prepare annual accident frequency reports
for all collector and arterial roads.
Policy 2.3
The City shall eliminate or minimize roadway designs which lead to hazardous conditions.
24
Policy 2.4
The City of Miami Beach Public Works Department, the Dade County Public Works
Department or FDOT, depending on jurisdiction, will monitor all new connections and access
points to roadways to ensure safe design.
Policy 2.5
City of Miami Beach shall landscape and improve entrances to the City.
Policy 2.6
The City shall implement a program to landscape and maintain existing median strips and
rights of way.
Policy 2.7
The City shall provide pedestrians with safe and accessible walkways by removing
architectural barriers and placing protective barriers along heavily traveled roadways.
Policy 2.8
The City hall provide sidewalks, landscaping and install curb cuts as identified in the
Capital Improvements Element.
Policy 2.9
The City shall have detailed public works program and carry out routine maintenance as
specified in the Capital Improvements Element.
Policy 2.10
The City shall continue to monitor the condition of the many vehicular and pedestrian
bridges and replace as needed in coordination with the State where appropriate.
OBJECTIVE 3: PARKING AND PEDESTRIAN/BISE CIRCULATION
The provision of motorized and non -motorized vehicle parking and the provision of bicycle
and pedestrian ways will be regulated.
Policy 3.1
During 1994, the City shall begin to implement the master plan for municipal parking
acquisition, construction, and ongoing improvements.
Policy 3.2
The City shall enforce the new parking requirements in the Land Development Regulations
to result in a better ratio of supply to demand.
Policy 3.3
The City shall provide a safe bike path network as specified in the Recreation and Open
Space Element.
25
Policy 3.4
The City shall apply for State and Federal funds to complete the beachfront park and
promenade system.
Policy 3.5
The City shall provide curb cuts and barrier free walkways enabling the elderly and
handicapped to cross intersections safely and easily.
Policy 3.6
The City shall establish guidelines for the provision of bicycle storage areas for multifamily
residences and shopping and recreational areas.
OBJECTIVE 4: TRANSPORTATION COORDINATION
Traffic circulation planning will be coordinated with the Future Land Use Map in this plan,
the Transportation Improvement Program (T.I.P.), the FDOT 5 Year Plan and plans of
neighboring municipalities
Policy 4.1
The City shall review the annual versions of the Transportation Improvement Program (TIP)
to coordinate this element with the plans of the MPO.
Policy 4.2
The City shall review for compatibility with this element the traffic circulation plans and
programs of the unincorporated county and neighboring municipalities as they are amended
in the future.
Policy 4.3
All traffic circulation planning shall be coordinated with the Metropolitan Planning
Organization, the Florida Department of Transportation and the South Florida Regional
Planning Council.
OBJECTIVE 5: RIGHT-OF-WAY PROTECTION
The City of Miami Beach will continue to protect the existing rights-of-way and future rights-
of-way needs will be identified.
Policy 5.1
The City shall use the here included edepted-(1989) "Official Trafficway Map" identifying
future rights-of-way (based upon the Future Land Use Element and the Traffic Circulation
Element of this plan) in the development review process.
Policy 5.2
The City shall use design review procedures in the land development regulations to control
roadway access points in conjunction with development. Such procedures shall include
provisions requiring that all access points on state roads be approved by the Florida
Department of 'Transportation, that all access points on county roads be approved by the
Dade County Road Commission and that all other access points be in accordance with the
best professional standards consistent with the protection of property rights. The City shall
eliminate or minimize roadway designs which lead to hazardous conditions by:
1) requiring the provision of adequate off-street queuing areas;
2) prohibiting hazardous access froaid traffic lanes through safe
systems of ingress and egress: (i.e.. turn lane policies);
3) requiring the installationof acceleration and deceleration lanes. turning lanes or
parallel access lanes. where appropriate;
4) requiring the elimination or the minimization of conflicts between roadwav and
pedestrian traffic by reasonable separation of vehicles and pedestrians,
particularly near schools_ narks and other areas where children are concentrated;
5) requiring adequate capacity for emergency evacuation or emergen® response
vehicles.
28
MASS TRANSIT ELEMENT
GOAL:
Serve the City of Miami Beach residents and visitors with an efficient public mass
transportation system.
OBJECTIVE 1: LEVEL OF SERVICE STANDARD
Maintain consistency with the Dade County Comprehensive Plan by meeting their level of
service standard. By the Year 2000, the mass transit system shall operate at a level of
service no lower than the standard contained herein.
Policy 1.1 •
The minimum peak hour mass transit level of service standard shall be that all areas within
the City shall be provided with public transit service having 60 minute headways and an
average route spacing of one mile provided that:
1. the average combined population and employment density along the corridor
between the existing transit network and the area of expansion exceeds 4,000 per
square mile, and the corridor is 5 miles on either side of any necessary new
routes or route extensions to the area of expansion;
2. it is estimated that there is sufficient demand to warrant the service; and
3. the service is economically feasible.
Policy 1.2
Issuance of all development orders for new development or significant expansions of existing
development shall be contingent upon compliance with the above level of service standard
(1) south of 6th Street: when the cost of the project exceeds 50% of the assessed value of that
property, (2) north of 6th Street: when the value of the work exceeds the amount of the
Value Determination as set forth in the South Florida Building Code.
OBJECTIVE 2: LIAISON WITH BUS SERVICE PROVIDER
Provide convenient accessible and affordable mass transit services and facilities by
establishing a City liaison to inform the Metro -Dade Transit Agency (MDTA) of any problems
related to Metrobus routes, fares or quality of service.
Policy 2.1
Continue to encourage Dade County to provide special transportation services to Miami
Beach elderly and handicapped residents.
OBJECTIVE 3: INTERGOVERNMENTAL COORDINATION
Through Intergovernmental processes continue to coordinate Miami Beach's Mass Transit
needs with the Metro -Dade County Mass Transit Element, and the plans and programs of
the State, regional and local jurisdictions.
Policy 3.1
The City shall examine the feasibility of water borne transit within Miami Beach and to
other destinations in Dade County.
Policy 3.2
Through the MPO and intergovernmental process, coordinate transit facilities improvements
with the plans for highway improvements from FDOT, Dade County and the City of Miami
Beach.
Policy 3.3
During the design stages of highway improvements, the location of transit facilities such as
turn -out bays and transit shelter locations, shall be included in the highway design proposal.
OBJECTIVE 4: SPECIAL NEEDS
Provide equitable paratransit services to all groups within Miami Beach including the
special needs of the elderly, handicapped, low income and other transit dependent persons.
Policy 4.1
At a minimum, the MDTA shall provide equitable transportation services in accordance with
UMTA Title VI requirements.
Policy 4.2
At a minimum, the MDTA shall continue to provide special transportation services in
compliance with the service criteria and funding specifications of Federally mandated UMTA
Section 504 regulations for the physically handicapped.
Policy 4.3
At a minimum, the MDTA shall continue to provide specialized services in compliance with
State mandated regulations of Chapter 427, Florida Statutes for the transportation
disadvantaged, and shall revise and update as required in the Transportation Disadvantaged
Development Plan.
OBJECTIVE 5: RAIL TRANSIT RIGHTS OF WAY
Initiate, by 1998, protection strategies for mass transit rights-of-way and exclusive transit
corridors.
Policy 5.1
Miami Beach 01211 continue to investigate rail transit strategies including protection of any
resulting planned rail mass transit rights-of-way, the County Transit Element calls for a
Metrorail extension into Miami Beach during the 2000-2010 period.
30
PORTS, AVIATION AND RELATED FACILITIES
GOAL:
There shall be no expansion of the existing port or new facility siting of ports,
airports or related facilities in the City of Miami Beach.
OBJECTIVE 1: PORT FACILITY EXPANSION
There shall be no future land use changes which would allow for the expansion of existing
cargo port terminal; new port or airport facilities are not feasible.
Policy 1.1
There shall be a full facility impact review of any request for a development permits- to be
issued by the City for the expansion of the existing cargo port facility in order to preserve the
limited traffic capacity of the MacArthur Causeway and the ferry service to Fisher Island
and assure consistency with the Conservation/Coastal Management Element.
Policy 1.2
Conversely, the existing MacArthur Causeway cargo terminal shall continue to be
designated Light Industrial on the Future Land Use Map as to protect the facility from the
encroachment of incompatible land uses
OBJECTIVE 2: MACARTHUR CAUSEWAY
Maintain the integrity of the Future Land Use Map in order to meet -the traffic Level of
Service standards on the MacArthur Causeway; measurability shall be 0 such Plan
amendments.
Policy 2.1
The State of Florida's plans for improvements to MacArthur Causeway shall be completed so
as to enhance intermodal transportation, i.e., access to the Sun Terminal, the passenger ship
component of the Port of Miami and the Miami Airport.
Policy 2.2
The projected level of service standard for the MacArthur Causeway shall not be reduced
below adopted levels as a result of either traffic from the MacArthur Causeway terminal or
Future Land Use Plan amendments.
OBJECTIVE 3
Any City plans impacting the MacArthur Causeway terminal shall be coordinated with the
terminal, U.S. Army Corps of Engineers, Metropolitan Planning Organization (MPO), the
Biscayne Bay Shoreline Development Review Committee and FDOT; see policies for
measurability.
31
Policy 3.1
The City shall notify the agencies listed in Objective 3 relative to any development permit
applications impacting the Terminal including any proposals for expansion.
OBJECTIVE 4: MACARTHUR CAUSEWAY
Deleted; see Objective 2
Note: This small cargo facility does not have any apparent adverse impact on adjacent
natural resources due to its location on the shipping channel within one mile of the ocean.
Therefore, 9.T-5.009 (3) (c) 2 and 3 are not applicable given the normal governmental controls
over ships in ports.
32
HOUSING ELEMENT
GOAL
Have available to accommodate the projected population of the City a sufficient
number of housing units in an adequate variety of types, sizes, locations and cost
ranges, within sound structures located in safe and appropriate neighborhoods.
OBJECTIVE 1: HOUSING SUPPLY
Maintain the total number of housing units at a minimum of 62,400, an amount equal to the
total number of households (plus an adequate vacancy rate) projected to reside in Miami
Beach in 2003.
Policy 1.1
Maintain a reliably accurate inventory of housing
monitoring the size of the housing stock.
for the purpose of
Policy 1.2
Continue to prohibit non-residential uses in RS and RM residential zoning districts in
compliance with the provisions of s.163.3202, F.S. to prevent or redevelopment of
residential structures to non-residential uses.
Policy 1.3
Continue the incentives in the land development regulations which apply with the provisions
of s.163.3202, F.S. by encouraging the rehabilitation of residential structures to prevent the
unintended loss of housing units due to deteriorated conditions.
Policy 1.4
Enforce all minimum housing and structural conditions codes to prevent the unintended loss
of housing units due to deteriorated conditions.
Policy 1.5
In compliance with the provisions of s.163.3202, F.S. retain the PS Performance Standard
District incentives (as stated in the Future Land Use Element) in the land development
regulations that encourage the construction of new housing units in the South Pointe
Redevelopment Area.
Policy 1.6
Maintain the legal status of the South Pointe Redevelopment Area that empowers the City to
acquire properties for the purpose of assembling sites to be transferred to private interests
for the purpose of development of residential uses.
OBJECTIVE 2: LARGE UNITS
In order to have available additional housing suitable for families, maintain the total number
of housing units with three or more bedrooms at a minimum of 5000 at least to the year
2003.
33
Policy 2.1
Maintain the legal status of the South Pointe Redevelopment Area and utilize the associated
powers to promote the development of housing with units of three or more bedrooms by
implementing the policies delineated in the Future Land Use Element.
Policy 2.2
Continue the incentives (as set forth in the Future Land Use Element) in Sec. 6-24 of the
land development regulations, in compliance with s.163.3202, F.S., that encourage
residential developments that have units containing three or more bedrooms.
Policv 2.3
Maintain provisions in the development regulations, in compliance with s.163.3202, F.S.,
that mandate minimum floor areas of 550 square feet for newly constructed honing units
and also require that the minimum floor area standards of 400 square feet be met whenever
the cost of rehabilitation of existing structures exceeds 50 percent of the replacement value of
the building, structure or improvement, as determined by the Dade County Property
Appraiser's Office.
OBJECTIVE 3: AFFORDABLE HOUSING
Have available a minimum of 16,000 housing units affordable by low and moderate income
households during the period through 2003.
Policy 3.1
Continue to pursue and utilize federal sources of funding which can be used to assist in
providing housing for low and moderate income households, including Section 8, HOME and
CDBG funds.
Policy 3.2
Cooperate with the Metro -Dade County in making available County Surtax funds and other
financial incentives for the provision of housing affordable to low and moderate income
households in Miami Beach.
Policy 3.3
Retain the ability to provide housing for low and moderate income households as a permitted
use in all zoning districts which permit multifamily housing in order to avoid either over -
concentration or the need for new infrastructure.
Policy 3.4
Maintain the potable water, sanitary sewer, storm sewer, transportation, solid waste, and
recreation facilities above the level of service standards established in the City's
comprehensive plan in all areas of the City so that there will be no restrictions due to
inadequate infrastructure or public facilities on the location of housing for low and moderate
income families or any other category of housing.
OBJECTIVE 4: SUBSTANDARD HOUSING
Maintain below 10 percent the proportion of all housing units which are substandard and
eliminate all dilapidated units (not suitable for rehabilitation) by 1997. Eliminate
substandard housing conditions to a level below one percent by the year 2003.
Policy 4.1
Require conformance by all residential structures to the standards of the South Florida
Building Code (new structures), National Fire Protection Administration Code, and the
City's Minimum Housing and Property Maintenance Standards.
Policy 4.2
Require that all multifamily buildings must obtain a Certificate of Use in order to be lawfully
occupied and require that annual issuance of such certification be subject to an annual
inspection to determine compliance with all applicable codes.
Policy 4.3
Use all available legal means to compel demolition of dilapidated structures as expeditiously
as possible by complying with the South Florida Building Code; the City's Minimum Housing
Standards; and the Intergovernmental Coordination Element (Dade County Unsafe
Structures Board).
Policy 4.4
Promote improvements in the operations of the Dade County Unsafe Structures Board that
will shorten the length of time required to compel demolition of dilapidated buildings as
identified in the Intergovernmental Coordination Element; utili ze the new special master.
Policy 4.5
Continue to use federal funding sources to make available low interest loans for
rehabilitation of residential structures through the City CDBG, MBDC and HUD HOME
programs.
Policy 4.6
Maintain the legal status ofthe Miami Beach National Register Historic District so that
owners of designated properties can continue to benefit from the applicable federal income
tax credits.
Policy 4.7
Continue to provide incentives in the land development regulations, in compliance with
s_163.3202, F.S., that permit within the Historic Preservation Districts a wide selection of
accessory uses in residential buildings when the building being renovated is a designated
historic structure or is a structure contributing to the Historic Preservation District.
Policy 4.8
Continue to provide incentives in the land development regulations, in compliance with
s.163.3202, F.S., that provide greater flexibility in meeting parking requirements in the
Historic Preservation Districts and Mixed Use Entertainment Districts when renovating
designated structures.
35
Policy 4.9
The City shall continue to use its established principles to guide demolition and
rehabilitation program techniques and strategies.
Policy 4.10
As was done in South Pointe, the stabilization of neighborhoods shall be assisted by the
City's Safe Neighborhood Program if the State reactivates the program.
OBJECTIVE 5: GROUP HOMES AND ACLFs
Maintain a minimum of 20% of the City's total land area (excluding rights-of-way)
designated so as to permit "community residential homes" and adult congregate living
facilities.
Policy 5.1
The City's zoning ordinance will provide a minimum of 20% of the City's land area (excluding
rights-of-way) designated so as to permit adult congregate living facilities having in excess of
14 beds as a conditional use.
Policy 5.2
The land development regulations shall reflect s.419 F.S. which requires: 1) that HRS -
licensed group homes with six or fewer clients be deemed a single family unit and be
permitted in single-family districts; and 2) that HRS -licensed "community residential homes"
with 7 to 14 clients be permitted in multifamily districts, subject to State -specified spacing
distances. For the purposes of this. policy and Objective 5 above, a "community residential
home" qh1j mean a dwelling unit licensed to serve clients of the Department of Health and
Rehabilitative Services, which provides a living environment for 7 to 14 unrelated residents
who operate as the functional equivalent of a family, including such supervision and care by
suet.L e staff as may be necessary to meet the physical, emotional, and social needs of the
residents. ALso, "resident" means any of the following an aged person as defined in s.
400.618 (3), Florida Statutes; a physically disabled or handicapped person as defined in s.
760.22 (5) (a), Florida Statutes; a developmentally disabled person as defined in s. 393.063
(6), Florida Statutes; a nondangerous mentally ill person as defined in s. 394.455 (3), Florida
Statutes; or a child as defined in s. 39.01 (8) and (10), Florida Statutes.
Policy 5.3
Maintain the potable water, sanitary sewer, storm sewer, transportation, solid waste, and
recreation facilities above the level of service standards, as set forth in the Future Land Use
and Infrastructure Elements of the Comprehensive Plan, established in the City's
comprehensive plan in all areas of the City so that there will be no restrictions due to
inadequate infrastructure or public facilities on the location of adult congregate living
facilities or any other group categories of housing.
OBJECTIVE 6: SINGLE-FAMILY HOUSING
Conserve the City's stock of single-family houses (attached and detached) by maintaining a
minimum of 35 percent of the City's total land area (excluding rights-of-way) in zoning
districts which permit only single-family houses uses.
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Policy 6.1
The City's zoning map will provide that a minimum of 35 percent of the City's total land area
(excluding rights-of-way) will be zoned to permit only single-family houses (attached and
detached) recreational facilities and municipal uses.
OBJECTIVE 7: RELOCATION
Provide relocation services (as described below) to 100 percent of the persons who are
displaced as a direct result of actions of the City of Miami Beach and who request such
services, during the planning period.
Policy 7.1
The City shall comply with all provisions of the Federal Uniform Relocation Assistance and
Real Property Acquisition Act of 1970, Public Law 91-646, whenever required by federal or
state law.
Policy 7.2
When any person is displaced as a direct result of the City's actions, and the Uniform
Relocation Assistance and Real Property Acquisition Policies Act (PL 91-646) is not
applicable, the City shall provide the following relocation services:
a. Information regarding the location, characteristics and cost of available housing
that the City has determined meets all applicable housing and structural
condition codes and which is reasonably accessible to the displaced person's place
of employment;
b. Information regarding public or private agencies which.offer services which
might be of benefit to the displaced person;
c. A grace period following receipt of the notice informing the displaced person of
the need to vacate during which the displaced person shall not be evicted. The
length of the grace period shall not be less than the minimum required under
applicable federal or state law;
d. Displaced persons may receive additional relocation service if such services have
been adopted by the Miami Beach City Commission and are in force at the time
of the displacement. Information about such relocation services will be provided
in writing by the City and be obtainable at Miami Beach City Hall Housing and
Community Development Division (or other department as may be designated by
the City Manager), 170 Convention Center Drive, Miami Beach, Florida 33139.
OBJECTIVE 8- HISTORICAL HOUSING
By 1995, identify all historically significant residential structures in Miami Beach.
Policy 8.1
The City will provide the necessary financial and other resources to ensure that all
historically significant residential structures are identified as such by 1995.
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OBJECTIVE 9: LAND FOR HOUSING
Maintain a minimum of 40 percent of the City's land area that is designated so as to permit
residential uses (excluding rights-of-way) and 25 percent of the City's total land area
(excluding rights-of-way) as areas in which housing for low and moderate income families is
permitted and encouraged.
Policy 9.1
The City's zoning ordinance will provide a minimum of 40 percent of the land area
designated so as to permit residential uses (ezcluding right-of-way) and 25 percent of the
City's total land area (excluding right-of-way) as areas in which housing for low and
moderate income families is e permitted and encouraged.
Policy 9.2
Retain the ability to accommodate homing for low and moderate income families in all
zoning districts which permit multifamily housing, including multifamily residential,
commercial and overlay districts; and retain the new multifamily districts, e.g. TH
Townhome residential and RO Residential Office, where housing for low and moderate
income families is permitted and encouraged.
Policy 9.3
Maintain the potable water, sanitary sewer, storm sewer, transportation, solid waste and
recreation facilities above the level of service standards established in the City's
comprehensive plan in all areas of the City so that there will be no restrictions due to
inadequate infrastructure or public facilities on the location of housing for low and moderate
income amilies or any other category of housing.
OBJECTIVE 10: MANUFACTURED HOUSING
Maintain a minimum of 30 percent of the City's total land area (excluding rights-of-way) as
areas in which manufactured housing is permitted.
Policy 10.1
Manufactured housing will be permitted in areas designated as "Single Family Residential"
on the adopted Future Land Use Map, provided they are permanently anchored,
meet the minimum floor area requirements, and satisfy all other provisions contained in the
City's land development regulations for areas designated as "Single Family Residential" on
the Future Land Use Map.
Policy 10.2
Maintain the potable water, sanitary sewer, transportation, solid waste and recreation
facilities above the level of service standards established in the Infrastructure Element of the
City's Comprehensive Plan in all areas of the City so that there will be no restrictions due to
inadequate infrastructure or public facilities on the location of manufactured or any other
category of housing.
OBJECTIVE 11: HOUSING IMPLEMENTATION
Annually adopt a Comprehensive Housing Affordability Strategy (CHAS).
Policy 11.1
The City's 1991 five-year CHAS shall form the basis for annual updates; these chall be based
upon the housing element of the City's comprehensive plan.
Policy 11.2
The City's CHAS shall be correlated with the annual CDBG program.
Policy 11.3
Utilize the available federal, state and local subsidy programs as specified in the City's
CHAS and related housing implementation programs.
Policy 11.4
Continue to involve the Miami Beach Development Corporation and the North Beach
Development Corporation in the preparation of the CHAS; utilize these non-profit CDCs to
carry out affordable housing programs when appropriate.
Policy 11.5
Through the new (1992) Department of Development, Design and Historic Preservation,
continue to streamline the housing approval and permitting process.
OBJECTIVE 12: SAFE NEIGHBORHOODS
Improve the safety of neighborhoods through implementation of specific security enhancing
techniques and programs.
Policy 12.1
The Safe Neighborhood Plan for Normandy Shores is hereby incorporated by reference into
the Miami Beach Comprehensive Plan.
Policy 12.2
Other neighborhoods in the City shall be evaluated to determine the appropriateness of
applying Safe Neighborhood planning techniques.
INFRASTRUCTURE: SANITARY biliwtat, SOLID WASTE,
DRAINAGE AND POTABLE WATER
GOAL:
Provide for Potable Water, Sanitary Sewer, Drainage and Solid Waste Facilities
Which Meet the City's Needs in a Manner Which Promotes the Public Health,
Sanitation, Environmental Protection, Operational Efficiency, and Beneficial Land
Use and Redevelopment Patterns.
OBJECTIVE 1: PRIORITIES
The City will continue to provide potable water supply, sanitary sewage disposal, solid waste
disposal and drainage services to meet both existing and projected needs as identified in this
plan through coordination and implementation of those projects listed in the Capital
Improvements Element. All improvements for replacement, expansion of increase in
capacity of facilities shall conform with the adopted policies of this Plan including level of
service standards for the facilities.
Policy 1.1
Continue to participate with Dade County WASD through program cooperation with the
Virginia Key Wastewater plant, the Hialeah/Preston Water Treatment Plant and the
Resource Recovery Plant.
Policy 1.2
Study the City's solid waste collection practices with a view toward implementing more cost
effective revisions including a privatization pilot program.
Policy 1.3
Continue to monitor established guidelines for private collectors of solid waste; continue to
provide for policing, servicing and collecting of oversize wastes.
OBJECTIVE 2: INFRASTRUCTURE REPLACEMENT
Potable water supply, sanitary sewage disposal, and solid waste disposal services shall
continue to be planned and provided (1) in conformance with the future land use element of
the comprehensive plan, (2) to serve redevelopment activities in the South Pointe
Redevelopment Area and the City Center areas and (3) to serve infill projects throughout the
City on existing vacant land.
Policy 2.1
Continue the on-going program to repair and replace existing water, sewer and storm sewer
lines through the utili7ation of bond funds and Community Development Block Grant ftmdsa,
particularly obsolete and undersized water lines.
Policy 2.2
Complete second phase bond -funded improvements for South Pointe infrastructure by 1994
and begin street improvements for the interior parcels.
Policy 2.3
Use the lana development regulations to limit residential density increases so that no
significant capacity increases are required when replacing water and sewer lines.
OBJECTIVE 3: DRAINAGE
Implement the new program to identify and correct any environmentally detrimental storm
sewer discharges that may exist in Miami Beach.Themeasurable standards for
implementing this program are set forth in the interlocal agreement between Metropolitan
Dade County and Miami Beach apnmved by City Resolution 92-20579. a copy of which is
hereby ipcoroorated, by reference. St.,..u.. aler point source discharges will be handled so as
to not have an adverse impact on area surface or groundwater and to not violate water
quality standards set by the Florida Department of Environmental Protection; commence in
1994-1995.
Policy 3.1
Complete the Citv's presently ongo. , g Storm Water System Improvements Master P1aii
Study no later than December 1. 1996. Complete the study in accordance with the standards
set forthjp City Resolution 92-20579. which is hereby incorporated by reference• New-eat:eh
Policy 3.2
Upon completion of the Storm Water System Improvements Master Plan Study. the City will
amend its Year 2000 Comprehensive Plan to incorporate those recommendations of the
Study necessary to ipeet the requirements of applicable state law. including Chapters 163
and 187. Florida Statutes. apd Rule 9J-5. F.A.C. Implement the Cites ongoing Storm Water
System Improvements Master Plan Study through appropriate capital investments and
management techniques as recommended therein. Initiate appropriate steps to ensure
adequate financing for necessary improvements no later than December 31. 1996. Such
steps may include establishing special assessments. bonding and/or other measures. fid•
Policy 3.3
In coordination with and in addition to the above policies. the City shall improve and
maintain}, catch basins,jp a way to minin+inize storm water contamination of surface waters.
Technicques shall ' elude. but not necessairlv be limited to:
Rebuild catch basins in problem areas with deep sumps to entrap sediment.
Cangrnct new catch basins with open bottoms to provide for percolation when deep
fps to entrap sediment is not possible.
Maintain a catch basin cleaning program to help prevent roadway pollutants (run-
off) from enteri s g Biscayne Bay via the storm sewer system.
Pokey -3.4
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Policy 14 84
The City will continue compliance with all Federal, State and County regulations concerning
land use and development to protect Biscayne Bay- the only natural drainage features.
OBJECTIVE 4: FLOODPLAIN MANAGEMENT
Enforce minimum floor level building elevations.
Policy 4.1
Continue site plan review for new construction with the requirement that the minimum first
floor elevation for living quarters be at least 8.8 feet at MLW (U.S.E.D. Bay Datum) allowing
for maximum protection during flood conditions.
OBJECTIVE 5: LEVEL OF SERVICE STANDARDS
The City shall continue to maintain and provide potable water, sanitary sewer, solid waste
disposal and drainage facilities at adopted level of service standards to ensure that adequate
facility capacity is available for proposed and existing commercial and residential
developments within its jurisdiction.
Policy 5.1
The following City-wide Level of Service Standards shall be used as the basis for determining
the availability of facility capacity; the systems shall be able to provide/accommodate at least
the minimums specified:
Facility I Service Area Level of Service Standard
Sanitary Sewer Facilities* Sewage Generation Standard
140 Average gallons per capita per day
Solid Waste Facilities* Solid Waste Generation Standard
1.275 tons per capita per year
Drainage Facilities Design Storm Standard
25 -year frequency, 24-hour duration; see
rainfall intensity curve -zone 10, DOT
Drainage Manual, 1987
Potable Water Facilities* Water Consumption Standard
140 Average gallons per capita per day
168 Peak gallons per capital per day
Includes seasonal population estimates.
OBJECTIVE 6: WATER CONSERVATION
Cooperate with WASD, to develop and implement, by 1994, a comprehensive water
conservation program to insure that a sufficient, economical supply of fresh water is
available to meet current and future demand for potable water.
Policy 6.1
All potable water distribution systems shall maintain the unaccounted for water loss to less
than 10 percent of the water entering the system.
Polio 6.2
Continue to promote the education program for residential, commercial and industrial
consumers which will discourage waste and conserve potable water.
Policy 6.3
The Parks Department shall continue to install underground irrigation systems thereby,
conserving potable water while watering public spaces.
Policy 6.4
Consistent with the policies of Metro -Dade County, water shall be delivered for general use
at a pressure not to exceed 100 psi.
Policy 6.5
By1995, Within one year of the effective date of this policy, the City shall review existing
water conservation regulations and revise the land development code as necessary and
effective to promote ensure implementation of water conserving techniques. including: fl
subsurface and other water conserving irrigation techniques, 21 xeriscaping techniques,
meed alawn watering restrictions. 4) the use of low water use plumbing fixtures in all
construction, and 5) any other effective methods commonly in
pictice or reguired by law. In addition. the City Manager shall immediately. upon the
effective date of this policy. direct appropriate City departments to implement all such
techniques as may be implemented by the City in its normal operations and require private
property owners to implement all such techniques.
Policy 6.6
The City, through the Building Department, will continue to enforce the requirement to use
ultra-low volume water saving devices for substantial rehabilitation and new construction
projects as specified in the standard plumbing code.
OBJECTIVE 7: INFRASTRUCTURE DEFICIENCIES
The City will implement procedures to ensure that existing facility deficiencies are corrected
thereby maT:mi2ing the use of existing public facilities to maintain the level of service
standards as adopted for future needs in accord with the time frames established under
Section 163.302, Florida Statutes.
43
Policy 7.1
The City shall continue to inspect and correct any potable water, sanitary sewer and
drainage facilities deficiencies to maintain level of service standards; i.e., continue the daily
inspection program.
Policy 7.2
Cooperate with WASD, to continue programs which address recycling of solid wastes to
include such items as paper, aluminum, glass, plastic and potentially metals, tires and waste
oils.
Policy 7.3
Cooperate with WASD, to promote the reduction of volume of yard and tree waste going into
landfills through the program to compost vegetation materials.
Policy 7.4
Cooperate the WASD and other County agencies to design standards for improvements of
water distribution, sewer collection, garbage removal and drainage systems within the City
that provide maximum efficient operations.
Note: The revised former Objective 8 and related policies are included in Objective 6 and
related policies.
CONSERVATION/COASTAL ZONE MANAGEMENT
GOAL:
Provide public 'improvements and restrict development activities that would
damage or destroy coastal resources, protect human life and limit public
expenditures in areas subject to destruction by natural disasters in a manner
maintaining or improving the marine and terrestrial animal habitats, vegetation,
land, air, water, and the visual, aesthetic quality of Mimi Beach for present and
projected, future populations.
OBJECTIVE 1: BEACH AND DUNES
Use established standards so that there are zero new man-made structures which adversely
impact beach or dune system; also restore altered beaches or dunes by implementing the
following policies.
Policy 1.1
Continue cooperative program with U.S. Army Corps of Engineers for beach renourishment if
it becomes necessary. Where beach restoration or renourishment is necessary, the project
should be designed and managed to minimize damage to the offshore grass flats, terrestrial
and marine animal habitats and dune vegetation.
Policy 1.2
Beaches shall be stabilized when necessary by the County program of planting appropriate
dune vegetation; pedestrian impacts shall be minimized by providing elevated footpaths
where feasible. All subsequent activities on or bordering the restored beach shall be
compatible with beach maintenance; the City will continue to cooperate with the County.
Policy 1.3
The City sh1l not issue permits (when it has jurisdiction) for borrow areas for beach
restoration or renourishment projects to be located in areas that directly affect offshore reefs
or grass flats.
Policv 1.4
Discourage non -water oriented activities and developments from encroaching on beach front
parks, new beach areas and dunes by continuing to designate the beach as a Conservation -
Protected Area on the Future Land Use Map.
Policy 1.5
The City shall apply for State and Federal grants to include shoreline features such as
pedestrian walkways which are designed to minimally impact beach or dune systems on
public property; ensure the public access requirements of the Coastal Zone Protection Act of
1985 and continue to provide development regulations and incentives for such features on
private property in Sections 6-24 and 15 of the Land Development Regulations.
45
Policy 1.6
The use of causeways, road rights-of-way and canal easements at shorelines shall continue to
be expanded to provide public access for water -dependent and water -related activities and to
protect public access to beaches renourished with public funds
Policy 1.7
Enforce the City charter provision that mandates no further dredging or filling that would
result in the destruction of grass/algal flats, hard bottom or other benthic communities shall
be permitted in any waters within the City limits of Miami Beach.
Policy 1.8
Water conserving irrigation and other landscape practices such as xeriscape shall be
incorporated into the Design Review Board guidelines where public water is used to water
lawns, golf courses and landscaped green spaces.
OBJECTIVE 2: NATURAL RESOURCE PROTECTION
By 1998, complete sign posting relative to manatee protection and otherwise protect the
conservation of, and provide for the appropriate use of the natural functions of existing soils,
fisheries, wildlife and their habitats, bays and waterways which flow into estuarine waters,
:floodplains, beaches and shores, marine habitats, air quality, and scenic beauty by adopting
the following measurable policies.
Policy 2.1
Continue to enforce the City Code which prohibits the deposit of solid waste or industrial
waste including spent oils, gasoline by-products or greases accumulated at garages, filling
stations and similar establishments that create a health or environmental hazard upon any
vacant, occupied or unoccupied premises, parkway or park, and in any canal, waterway, bay
or the ocean within the City.
Policy 2.2
All development activities that adversely affect habitat that may be critical to endangered,
threatened, rare or species of special concern shall be prohibited by the City through the
development review process (Sections 17 and 18 of the Land Development Regulations).
Policy 2.3
In conformance with the City Charter establishing the City as a bird sanctuary, it is
prohibited for any person to injure, kill, hunt, destroy, capture or molest any endangered,
threatened, rare, or species of special concern or any bird in the City of Miami Beach; except
those persons holding a valid permit to destroy birds for scientific purposes issued by the
U.S. Fish and Wildlife Service, Department of the Interior and issued a special permit by the
Chief of Police.
Policy 2.4
Maintain the area known as 'Pelican Island" as a special bird sanctuary.
46
Policy 2.5
By 1998, complete the posting with aye.,,,,r,iate signage the waterways of the City as a
Manatee Protection Area and increase enforcement of safe boating requirements through the
City Marine Patrol.
Policy 2.6
Continue to designate the beach front along the Atlantic Ocean as a Conservation -Protection
Area on the Future Land Use Map.
Policy 2.7
City Public Works Department specifications shall continue to require the use of rip rap in
bulkhead repair or construction in order to promote better marine ecology except where
placement would be a hazard to navigation or public safety.
Policy 2.8
Preserve and improve the environmental quality of Biscayne Bay by continuing to (1) have a
City of Miami Beach representative on the Biscayne Bay Shoreline Development Review
Committee, (2) provide staff to the Committee through an interlocal agreement and (3) have
all appropriate bayfront projects reviewed by the Committee.
Policy 2.9
Continue to require all new shoreline development involving marine habitats to be reviewed
by the Marine Authority of the City and the Dade County Environmental Resources
Management Department of Special Approval.
• Policy 2.10
Continue to improve the region's ambient air quality through increased cooperation with
Dade County to provide improved mass transportation, particularly rail transit.
Policy 2.11
The Building Department shall continue to enforce Chapter 37 of the City Code. The City
shall amend Chapter 37 to require that solid waste incinerators be equipped with the best
available control technology to prevent harmful smoke emissions from entering the
environment.
Policy 2.12
The City Building Inspector shall continue to have the authority to require removal of
asbestos to prevent threat to human health.
Policy 2.13
Salt tolerant landscaping shall continue to be given preference over traditional planting
materials in the plant materials list used in the administration of the landscape section of
the Land Development Regulations and the design review process.
47
Policy 2.14
Administration of the City's landscape section of the Land Development Regulations shall
prohibit the propagation and planting of the following plants; it shall also require that
eradication of these species be carried out on all sites of new and redevelopment projects:
Malaleuca Brazilian Pepper Australian Pine
Ear Leaf Arcadia Woman's Tongue Bishop Wood
Shoebotton Ardisia Day Blooming Jasmine Colubrina
Aerial Potato Eucalyptus Lead Treet
Castor Bean
Policy 2.15
Complete the City's presently rn o nv Storni Water System Improvements Master Plan
,Study no later than December 31.1996. Complete the study in accordance with the
standards set forth in City Resolution 92-20579. which is hereby incorporated by reference.
Policv 2.16
Implement the City's ongoing Storm Water System ilmgrzegagnts Master Plan Study
through akpnronriate capital investments and management techniques as recommended
therein at least to the extent reauired by law. Initiate annropriate steps to ensure adequate
financing for necessary improvements no later than December 31. 1996. Such stens may
include establishing special assessments. bonding and/or other measures.
Policy 2.16
The City will coordinate with the County and the Florida Department of Environmental
Protection in the monitoring of coastal waters and sediments.
Policy 2.17
A shall be established during 1994 and adopted by Ordinance to ensure the proper
maintenance and functioning of dockside pumpout facilities. All new wet and dry slip
marina facilities, and existing facilities with more than 50 wet or dry slips that provide
fueling facilities, shall be equipped with dockside pumpout facilities. Such facilities shall be
regularly inspected by the City's Marine Inspector.
Policy 2.18
Once the program called for in Policy 2.18 above is in place, the City shall request that the
U.S. Coast Guard authorize the City to enforce within the City limits any federal laws
regulating the discharge of wastewater and bilge water into coastal waters. The City shall
also request that the Coast Guard authorize appropriate financial assistance to enable the
City to provide such enforcement services.
Policy 2.19
Stormwater management techniques to meet the drainage level -of -service standards of this
plan shall be required for all new development and shall be incorporated in the City's
concurrency requirements of the Land Development Regulations.
Policy 2.20
Continue the City's program for beautification with an annual clean-up drive for the beaches
and shorelines in conjunction with normal trash pick-up activities.
Policy 2.21
By the year 1995, the City shall adopt an emergency water conservation plan, through a
water shortage ordinance, consistent with the policies of the South Florida Water
Management District.
OBJECTIVE 3: WATER .DEPENDENT AND RELATED USES
The amount of shoreline devoted to water -dependent and water -related uses shall be
maintained or increased by 1998 but with assurance that any such proposed new
development will not create a negative environmental impact.
Policy 3.1
Those public access areas including street ends, municipal parking facilities and municipal
parks along coastal waters will be maintained (See Figures VII -2 and VII -5 in the Recreation
and Open Space Element) or redesigned to provide greater public access to Biscayne Bay and
the Atlantic Ocean beach area re ardless of the land use designation of those areas. An
examnle of the tvoe of redesign envisioned is that planned for the narking lots on blocks
located to the west of North Shore Park. It is envisioned that these blocks will be
redeveloped with public access beach narking at grade level and residential in air rights
above and/or with narking decks on one or more blocks and with residential on the other
blocks.
Policy 3.2
To minimise impacts of man-made structures and activities on shoreline resources, no filling,
spoiling or placement of structures in or over coastal waters shall be permitted in the City as
specified in the Charter (Section 7A) and the Land Development Regulations (Section 6), i.e.
action which will diminish water surface areas traditionally used by the general public for
activities such as fishing, swimming and boating.
Policy 3.3
The City shall design and construct signage along major thoroughfares to direct the public's
attention to public shoreline parks and water -related facilities by 1995.
Policy 3.4
Proposed marina/water dependent facility siting shall be compatible with both County plans
and surrounding land uses, and shall preserve or improve traditional public shoreline uses
and public access to coastal waters. This shall be accomplished through the Conditional Use
process (Section 17) of the Land Development Regulations.
49
Policy 3.5
Any proposed marina/water dependent facility shall be required to preserve or improve the
quality of the coastal waters, water circulation, tidal flushing, light penetration, and provide
a hurricane or contingency plan to the appropriate agency all in conformance with Policy 4D
of the 1989 Metro Dade County CDMP Coastal Management Element.
Policy 3.6
By 1908, Wjthin one year of the effective date of this policy, proposed marinas shall be
designated as Conditional Uses through an amendment to the Land Development
Regulations. The Planning Board shall not issue conditional use approvals unless the
applicant demonstrates the following. 1) land use compatibility; 2) availability of upland
support services; 3) existing protective status/ownership; 4) hurricane contingency planning-,
5) protection of water quality, 6) water depth; 7) environmental disruptions and mitigation
actions; 8) availability for public use; and 9) economic need and feasibility.
Policy 3.7
Complete the Citv's presently ongoing $torm Water System L..c,ments Master Plan
Study no latter than December 31. 1996. Complete the study in accordance with the
standards set forth in City Resolution 92-20579. which is hereby incorporated bv reference.
Policy 3.8
Implement the City's ongoing Storm Water System Improvements Master Plan Study
through appropriate capital investments and management techniques as recommended
therein at least to the extent required by law, Initiate appropriate steps to ensure adeauate
financing for necessary improvements no later than December 31. 1996. Such stens may
include establishing special assessments. bonding and/or other measures.
OBJECTIVE 4: HURRICANE EVACUATION
The existing time period required to complete the evacuation of people from Miami Beach
prior to the arrival of sustained gale force winds shall be maintained or lowered by 1995.
Policy 4.1
All future improvements to evacuation routes shall include remedies for flooding problems
and the anticipated increase in the level of the water of Biscayne Bay as has been done in the
recent MacArthur Causeway improvements.
Policy 4.2
The Miami Beach Hurricane Handbook will be distributed to the general public with detailed
emergency operation instructions and hurricane evacuation pick-up sites.
50
Policy 4.3
The City will continue to work with the Metro -Dade Public Works Department to rate all
local bridges for structural and operational sufficiency. Local bridges with unsatisfactory
sufficiency ratings shall continue to be programmed for improvements or replacement.
Policy 4.4
All trees susceptible to damage by gale force winds as evidenced by Hurricane Andrew shall
be removed from the right-of-way of evacuation routes and replaced with suitable species.
Policy 4.5
The City will coordinate with Metro -Dade Transit Agency and the Office of Emergency
Management to ensure that adequate buses are available to safely evacuate neighborhoods
with large concentrations of households without private transportation.
Policy 4.6
The City of Miami Beach Fire Department shall maintain and annually update the list of
people who may need assistance due to physical or medical limitations in the event of an
evacuation order to ensure their safe mobilization.
Policy 4.7
The City of Miami Beach Fire Department shall review and update the Miami Beach
Hurricane Evacuation Plan by 1995 based upon the experience of Hurricane Andrew and
maintain or enhance the resources and capabilities of the plan to provide effective
implementation of evacuation procedures to ensure that evacuation times are maintained or
reduced.
Policy 4.8
By 1995, procedures for boat owners during hurricane operations shall be added to the Miami
Beach Hurricane Handbook with instructions for safe harbor operations.
Policy 4.9
Selected City population density maximums shall be reduced as a part of this Plan to better
coordinate with the 1991 Metropolitan Dade County Emergency Operations Plan, which is the
local hurricane evacuation plan for Miami Beach, and the 1991 Lower Southeast Florida
Hurricane Evacuation Plan, the regional hurricane evacuation plan.
Policy 4.10
The entire City is classified as a Coastal High Hazard Area which is reflective of its status as
a Category 1 Evacuation Zone.
OBJECTIVE 5: POST -DISASTER REDEVELOPMENT PLAN
The City hereby adopts by reference the Hurricane Andrew Hazard Mitigation Report
(FEMA- 955 DR -FL) and establishes the objective of reali7ing the applicable
recommendations therein in coordination with related objectives and policies of this plan.
51
Policy 5.1
Except as provided in Policy 5.2 'below.e City shall not fund fwv nublic infrastructure
capacity expansion i{a»ch funding and such exppansion would have the effect of directly
subsidizinga private development.
Policy 5.2
Notwithstanding Policy 5.1 above. the Citv_mav fund infra.structure capacity expansion to
achieve: 1) adopted level. -of -ser. vice staxrds for facilities witch serve the current and
projected population: 2) recreational and natural resource enhancement: 3) any development
directly supporting the Convention Center 4) amelioration of parking or mass transit
def ciencies: 5) the provision of desjable narking or mass transit facilities and services:
. d/or 6) redevelopment in redevelopment areas established in accordance with state statute.
Expenditures pursuant to 3). 4). 5) and 6) preceding shall be limited to the South Pointe
Redevelopment Area and the Convention Center Village Redeveloppient Area as shown on the
Future Land Use Map.
Policy 5.azS
The City will coordinate with Metro -Dade County and the South Florida Planning Council to
develop a comprehensive hurricane contingency plan for boats by 1998.
Policy 5.4&
New private use facilities along the beach shall conform to the strict setback, open space and
accessory use requirements of Sections 5, 6 and 15 of the Land Development Regulations as
well as the requirements of the floodplain ordinance.
Policy 5.A4-
By
..4
By 1998, the City shall adopt a post -disaster redevelopment plan based on the experiences of
Hurricane Andrew. It shall specify that structures which suffer repeated damage to pilings,
foundations or load bearing walls and/or incur damage exceeding 50% of their assessed value
shall rebuild to the requirements of all current development regulations, and shall not be
located east of the coastal construction control line. No redevelopment shall be permitted in
areas of repeated damage unless it is determined by the City of Miami Beach officials to be in
the public interest.
Policy 5$6
The adopted plan shall specify that during post -disaster redevelopment, the Building
Department will distinguish between those actions needed to protect public health and safety
with immediate repair/cleanup and long term repair activities and redevelopment areas.
Removal or relocation of damaged infrastructure and unsafe structures aha11 be by the Miami
Beach Public Services Department in accordance with local procedures and those agencies
and practices specified in the Metro -Dade County Emergency Operations Plan.
Policy 5.16
During post -disaster recovery periods, after damaged areas and infrastructure requiring
rehabilitation or redevelopment have been identified, appropriate City departments shall use
the post -disaster redevelopment plan to reduce or eliminate the future exposure of life and
52
property to hurricanes; incorporate recommendations of interagency hazard mitigation
reports; analyze and recommend to the City Commission hazard mitigation options for
damaged public facilities; and recommend amendments, if required, to the City's
Comprehensive Plan.
Policy 5.f3-7
Unsafe conditions and inappropriate uses identified in the post -disaster recovery phase will
be eliminated as opportunities arise, in accordance with the plan to be adopted by 1998.
Policy 5.9
Implement the following specific Buildins Code and Ordinance related actions snecificallv
recommended in FEMA 955 -DR -FL (note that the numbers in parentheses designate the
building code section recommendation number from FEMA 95511
Require the lawful on-site representatives of general contractors to hold a certificate
of comnetencv (1).
Require general contractors to assume responsibility for the work of their employees
and subcontractors (1).
Adopt and enforce stringent penalties for persons engaged in unlicensed contracting
activities (2).
Jase the number of reanired hours for training and education of local building
department emnlovees (3)..
Reauire state registration for city building inspectors (5). _
C,00nerate with other units of local government and state agencies to share
information about code violations bv contractors (4).
Incorporate schedules of specific mandatory inspections in building codes (6).
Reouire representative of general contractor to be on job sites at the time of
inspections (7).
Ipstitute management technioues to ensure more comprehensive inspection of
hurricane vulnerable construction components including wood -frame gable end walls,
garage doors. entry doors. windows and truss bracing (8).
Adopt ASCE Standard Number 7 as the minimum wind design s • dard (12).
Prohibit mobile homes and manufactured homes unless and until Federal
construction standards have been amended to ensure better hurricane survivability
(13).
Amend the building code bv incorporating minimum uniform standards for window
wind resistance (15).
Enforce the provision of the South Florida Building Code which requires that
substantially damaged buildings which are repairable be brought into comnliance
with current code reauirements during the renair nrocess (LC
Develop a multilingual public education program with local media to educate the
public about why and how to retrofit homes to make them more hurricane resistant
(20).
Participate in and incorporate the recommendations of anv reeional and/or state-
wide task group established to make comprehensive recommendations pertaining to
building code modifications which will result in more hurricane resistant structures
(unnumbered recommendation from page 86).
OBJECTIVE 6: BAY WATER QUALITY
Maintain or improve the environmental quality of the estuarine system (Biscayne Bay) as
evidenced by the fecal coloform and levels cited in the data and analysis.
Policy 6.1
The City shall not permit dredging and filling of Biscayne Bay.
Policy 6.2
Minimize storm water runoff by implementing the storm sewer improvement projects as
identified in the Public Works Department plan including the first phase as contained in
Capital Improvement Schedule.
OBJECTIVE 7: SHORELINE USES
The City sha11 use the adopted Land Development Regulations criteria for prioritizing 100
percent of the shoreline uses for both public and private property.
Policy 7.1
The City shall use the bonus FAR development incentives in Section 6 of its Land
Development Regulations to achieve better shoreline access, including but not limited to,
pedestrian walkways and increased waterfront setbacks.
Policy 7.2
The City shall not decrease the amount of municipally -owned shoreline available for public
use except 1) in cases where another governmental agency assumes ownership for
recreational and water -dependent uses, 2) where municipal or other public acquisition is
incomplete and there is no possibility for complete public acquisition of a usable portion of
shoreline, or 3) in order to upgrade other public shoreline sites and facilities. The
development of the Altos del Mar area for single family residential use rather than for
Recreation and Open Space as designated on the previous Future Land Use Map is
specifically identified hereby as conforming to this policy (Policy 7.2) subject to the following
conditions: a) the sites now owned by state agencies are sold for private single family
residential development in a coordinated manner based on an overall neighborhood plan and
a private development agreement that enhances the quality of life for those existing privately
owned residences which are interspersed throughout the publicly owned sites; and 2) the
proceeds from the sale are reserved for the enhancement of adjacent and/or nearby public
shoreline.
54
Policy 7.3
The City shall not permit future development or expansion of existing industrial uses on its
shoreline, except on Terminal Island. Any expansion of this port facility will be carefully
analyzed to determine any traffic, land use and environmental impacts.
OBJECTIVE 8: INFRASTRUCTURE CAPACITY EXPANSION
Limit public infrastructure expenditures that subsidize development in the City-wide Coastal
High Hazard Area except for restoration and enhancement of natural resources; the measure
01211 be 0 projects inconsistent with Policies 6.1 through 6.5 and 8.1 and 8.2 in the Capital
Improvement Schedule.
Policy 8.1
Except as provided in Policy 8.2 below and in Policies 6.1 through 6.5 and 8.1 of the Capital
Improvements Element, the City shall not fund any public infrastructure capacity expansion
if such funding and such expansion would have the effect of directly subsidi7irig a private
development.
Policy 8.2
Notwithstanding Poliey 8.1 above, the City may fund infrastructure capacity expansion to
achieve: 1) adopted level -of -service standards for facilities which serve the current and
projected population: -2) recreational and natural resource enhAncement; 24) any
development directly supporting the Convention Center; 84J amelioration of parking or mass
transit deficiencies; 4-5) the provision of desirable parking or mass transit facilities and
services; and/or 6-5) in support of redevelopment areas established in accordance with state
statute. Expenditures pursuant to 3). 4). 5) and 6) 2},-847-44-extd-5-) preceding shall be limited
to South Pointe Redevelopment Area and the Convention Center Village Redevelopment Area
as shown on the Future Land Use MaD. redevelepment-cettes-and-tite-G,wo.a.2..,:.— Ccntcr
OBJECTIVE 9: DENSITY LIMITS
Direct population concentrations away from City-wide coastal high hazard areas. by
prohibiting residential density increases.
Policy 9.1
Continue to designate the V storm surge zone of the beach front as a Conservation -Protected
area on the Future Land Use Map.
Policy 9.2
In addition to the density reductions in the Future Land Use Element of this -1498- 1-94
changes to this Plan [This change clarifies the reference without changing the intent.], the
City shall approve no future land use plankeitimeg map amendments that cumulatively
increase residential densities. Furthermore. the City shall continue to evaluate ways to
further modify the Future Land Use Man to reduce densities and intensities.
Policy 9.3
The City shall use the two redevelopment projects plus the zoning administration process to
(1) achieve uses compatible with the City's twin goals of strong residential neighborhoods and
the tourism/visitors economic base, and (2) hold the line on residential density.
OBJECTIVE 10: PUBLIC SHORELINE ACCESS
Increase the amount of public access to the beach or shoreline consistent with the estimated
public need by constructing at least one additional parking structure by 1998.
Policy 10.1
Continue to discourage non -water oriented activities and developments from encroaching on
beach front parks, new beach areas and dunes by designating the beach as a Conservation -
Protected Area on the Future Land Use Map.
Policy 10.2
The City shall (1) apply for State and Federal grants to include shoreline features such as
pedestrian walkways which are designed to minimally impact beach or dune systems on
public property, (2) ensure the public access requirements of the Coastal Zone Protection Act
of 1985 and (3) use the existing Land Development Regulations provisions to provide
development incentives for such features on private property.
Policy 10.3
To rninimi 7e impacts of man-made structures and activities on shoreline resources continue to
prohibit filling, spoiling or placement of structures in or over coastal waters which will
diminish water surface areas traditionally used by the general public for activities such as
fishing, swimming and boating (City Charter Section 7A).
Policy 10.4
The City shall facilitate the construction of at least one additional public parking facility to
enhance beach and beach front uses thereby easing the pressure on residential on -street
parking. However, no parking garage shall be constructed directly on either the east or west
side of any public right-of-way that lies adjacent to public beachfront.
OBJECTIVE 11: HISTORIC USES
The City sball use its adopted land development code to protect historic resources. Historic
resources shall be protected to the maximum extent consistent with constitutional property
rights and any specific goals, objectives and policies of this Comprehensive Plan which may be
inconsistent therewith.
Policy 11.1
Areas designated as historic shall limit development as follows:
a. Residential rehabilitation shall conform to adopted design standards;
b. Recreational development must be compatible with the surrounding environment and
shall be subject to performance standards adopted in the land development
regulations;
c. The clearing of trees, chill be prohibited, unless specifically permitted by Dade
County,
d. All applications for development approval q11211 be subject to site plan and design
review (Section 18 of the Land Development Regulations);
e. Demolition of historic buildings shall be limited by requirements to conform to
applicable provisions of the City's historic preservation ordinance (Section 19 of the
Land Development Regulations).
Policy 11.2
Within areas designated on the Future Land Use Map as Conservation, no new development,
or expansion or replacement of existing development shill be permitted except revegetation
and construction of a beachfront promenade.
Policy 11.3
Historic resources shall be protected through designation as historic sites or districts by the
City with technical assistance from the State.
Policy 11.4
The City hall continue to compile a list of designated historic resources which qhAll be
submitted to U.S. Department of Interior for inclusion on the National Register of Historic
Places.
Policy 11.5
Miami Beach shall continue, with the assistance of preservationists, to identify significant
historic resources which are in need of protection through local historic districts.
Policy 11.6
The City shall continue to use Sections 6 and 19 of the Land Development Regulations so that
adaptive reuse of historic structures shall be given priority over activities that would harm or
destroy the historic value of such resources.
OBJECTIVE 12: CONCURRENCY
The City shall use its established levels of service, areas of service, and phasing of
infrastructure in the coastal area (entire City) as identified in the Future Land Use, Traffic
Circulation, Capital Improvements, Recreation and Open Space, Mass Transit, and
Infrastructure Elements of the Comprehensive Plan.
Policy 12.1
Land Use Element Policy 5.2 is 'incorporated as Conservation/Coastal Zone Management
Policy 12.1.
Policv 12.2
The City's adopted Schedule of Improvements in the Capital Improvements Element shall
ensure that infrastructure will be phased to coincide with the demands generated by
development or redevelopment.
57
Special Notes
1. There are no fresh water bodies of water (rivers, lakes, springs) within the barrier
islands of the City. No freshwater naturally dilutes the saltwater of Biscayne Bay
within the City's limits.
2. There are no historic structures within the V storm surge zone.
3. There are no airports or harbors within the City; see the Port and Aviation Element for
policies relative to the port.
4. There are no native vegetative cover communities (forests, mangroves, hammocks)
remaining within the City.
5. There are no wetlands or marshes within the City.
6. There are no mineral extraction sites within the City.
7. There are no water recharge areas, cones of influence, or waterwells within the City.
8. There are no agricultural areas within the City.
9. As defined by 9J-5.003 there are no remaining vegetative communities in Miami
Beach. (See Soils Map.)
10. No spoil creation or disposal is contemplated.
RECREATION AND OPEN SPACE ELEMENT
GOAL:
Develop and Maintain a Comprehensive System of Parks and Recreational Open
Spaces to Meet the Needs of the Existing and Future Population by Mnr*ni ing the
Potential Benefits of Existing Facilities and Open Space While Encouraging the
Preservation and Enhancement of the Natural Environment.
OBJECTIVE 1: WATERFRONT PARKS
Preserve beach parks and complete a of improved park access to water -related
recreation activities and facilities by 2003.
Policy 1.1
Complete the beachfront park walkway promenade system along the Atlantic Ocean.
Policy 1.2
Improve the Collins Canal as a pedestrian linear park and boating waterway through the
proposed City Center/Historic Pillage Redevelopment Area program.
Policy 1.3
By 2003, develop Pine Tree Park as a water -related park, including docking facilities.
Policy 1.4
Preserve and enhance the new beachfront access and parking facility at Pier Park.
Policy 1.5
Continue to coordinate with the State of Florida as it makes improvements to the North
Shore State Recreation Area.
Policy 1.6
By 1998, clear obstructions blocking the view of Indian Creek Waterway at Brittany Bay
Park by removing Brazilian Pepper and Australian Pine trees. Replant cleared areas with
native or other appropriate vegetation.
OBJECTIVE 2: LEVEL OF SERVICE STANDARDS
Ensure that parks and recreational facilities are adequately and efficiently provided by
enforcing the following level of service standards and related guidelines through the
concurrency management system.
59
Policy 2.1
The National Recreation and Park Association's suggested minimum requirement for
recreation and open space ten (10) acres of recreation and open space per one thousand
(1,000) permanent and seasonal* residents is established as the minimum Level of Service
Standard for the entire system to ensure adequate provisions are maintained for the
projected population.
Policy 2.2
For recreational facilities only, the minimum Level of Service Standard shall be 6.0 acres of
per one thousand (1,000) permanent and seasonal* residents; this requirement excludes
public landscape open space and the Atlantic beachfront area.
Policy 2.3
The minimum level -of -service standard for each facility type shall be based on a minimum
number of units per population, permanent and seasonal*, by specific facility types as
follows:
Facility Type
Swimming Pool
Golf Course (min. 9 holes)
Basketball Court
Tennis Court
Multiple -Use Court's (shuffle, bocce, etc.)
Designated Field Area (baseball,
softball, soccer, etc.)
Tot Lots
Vitacourse
Boat Ramp
Outdoor Amphitheater
Activity Buildings for Multiple Uses
Minimum Number Required
1 per 50,000 persons
1 per 50,000 persons
1 per 7,000 persons
1 per 3,000 persons
1 per 4,000 persons
1 per 10,000 persons
1 per 10,000 persons
1 per 40,000 persons
1 per 100,000 persons
1 per 50,000 persons
1 per 10,000 persons
Policy 2.4
By 1995, the City shall develop a detailed park facility improvement plan to address facility
deficiencies.
OBJECTIVE 3: COORDINATION OF PUBLIC AND PRIVATE RESOURCES
The City of Miami Beach shall continue to work with public agencies, such as Metro -Dade
County Department of Environmental Resources Management, the Army Corp of Engineers,
the Florida Department of Environmental Protection and private sector organizations and
corporations, through the zoning process, to enhance and improve existing recreation/open
space facilities in Miami Beach with special emphasis on achieving a quality beachfront park
at the North Shore State Recreation Area by 2003.
* As the seasonal population primarily utilizes private recreation and open space facilities,
20% of the actual total seasonal population is used to determine demand for public
recreation and open space facilities.
Policy 3.1
By 1995, improve landscaping along 17th Street and other streets entering into convention
center district as a part of the new redevelopment project in this area.
Policy 3.2
By 1997, re -landscape Alton Road (south of Dade Boulevard).
Policy 3.3
Continue to provide specific private open space definitions and requirements in the current
zoning ordinance.
IL..
Beath -wee: [This policy deleted because it is inconsistent with the Future Land Use Map
changes and the intentions of the Florida Department of Environmental Protection, Division
of State Lands.)
Policy 3& 3.4
The City of Miami Beach cha11 inform Metro -Dade County and the Army Corp of Engineers
when maintenance renourishment of the beach is necessary.
Policy 876 3.5
The City of Miami Beach cha11 continue to use Section 6 of the Land Development
Regulations as standards and incentives which encourage private sector development
projects to landscape required open space, develop private recreation facilities on site, and
through the impact fee requirement, contribute to the enhancement of adjacent public
recreation and open space.
Policy 3.6
The City of Miami Beach cha11 continue to apply for State and Federal grant funds, such as
the Florida Recreation Development Assistance Program, the Land and Water Conservation
Fund, and the Coastal Management Grant Program for the improvement of public recreation
and open space.
Policy 8a83.7
The City of Miami Beach cha1l support State landscape and recreational improvements on
the causeways, including I-195 and the MacArthur Causeway (I-395), connecting Miami
Beach to the mainland.
Policy 39 3.8
The City of Miami Beach shall continue to provide assistance to the State of Florida in the
planning and design of recreation and open space in the North Shore State Recreation Area.
61
OBJECTIVE 4: OPEN SPACE
To require open space in conjunction with every new public and private sector development
project (measurability dependent upon development applications).
Policy 4.1
The City Land Development Regulations shall continue to provide side, front and rear
minimum setback requirements to insure that all non-commercial development projects have
property available for recreation and open space.
Policy 4.2
The Land Development Regulations shall also continue to provide some open space in
conjunction with all new commercial development projects through setback or other
requirements.
Policy 4.3
The City of Miami Beach public property shall continue to be subject to the open space and
setback requirements of adjacent private t,L..rza L es as per Section 6-12 of the Land
Development Regulations.
Policy 4.4
The Recreation and Open Space Future Land Use category shall continue to be used to
preserve the ocean beach and adjacent parks, the City's principal open space/passive park
resource system.
62
INTERGOVERNMENTAL COORDINATION ELEMENT
GOAL:
Establish processes among the various governmental, public and private entities
to: 1) achieve coordination of all development including tourism and convention
activities and historic preservation, and (2) foster the purpose of Rule 9J-5.015,
which is to identify and resolve incompatible goals, objectives, policies and
development proposed in the City's Comprehensive Plan and to determine and
respond to the needs of adjacent local governments, Dade County, the South
Florida Regional Pbmning Council and state agencies.
OBJECTIVE 1: COORDINATION MECHANISMS
Provide a formal process for intergovernmental coordination among the City and the County
through at least four Memoranda of Agreement which establishes. specific coordination
activities to occur on a regular basis; also coordinate with the State and two adjacent
municipalities.
Policy 1.1
The City Manager shall be responsible for ensuring an effective intergovernmental
coordination program for Miami Beach including dissemination of public information about
County programs operating within the City.
Policy 1.2
The City shall continue to invite appropriate public and private entities with which it shares
coordination responsibilities to appoint ad hoc representatives to its various Boards and
Committees.
Policy 1.3
The City shall continue to make elected commissioners and staff available to participate in
intergovernmental coordination activities with other public and private entities.
Policy 1.4
The City shall offer to participate in the local government review proceedings of
comprehensive plans and relevant plan amendments for Dade County, Miami and Surfside
and shall provide copies of the City's comprehensive plan, executive summary, and related
information to these and other applicable agencies.
Policy 1.5
Ensure continued countywide support for the expanded Convention Center by providing
financial support to the merged City/County Convention and Visitors Bureau.
Policy 1.6
The City shall continue to use (and expand where necessary) memoranda of agreement or
similar user's agreement with Dade County relative to water supply, sewage disposal, solid
waste disposal and the ocean beach, among others and with the Dade County School Board
on the planning of school facilities; collaborative planning and decision making is the intent.
63
Policy 1.7
In terms of City -State coordination, particularly concentrate on liaison with DNR relative to
achieving a quality North Shore State Recreation Area.
OBJECTIVE 2: COMPREHENSIVE PLAN COORDINATION
Coordinate the City's Comprehensive Plan with the plans of the Dade County School Board,
Dade County Planning Department and the adjacent municipalities of Surfside and Miami
Policy 2.1
Provide copies of the City's Comprehensive Plan, proposed amendments, executive summary,
informational updates, public meeting notices to the Dade County School Board, Dade
County Planning Department and two most adjacent municipalities
OBJECTIVE 3: SOUTH POINTE VILEMENTARY SCHOOL
Note: Objective 3 and related 1989 policies deleted because they were all accomplished with
the 1992 reopening ofthe South Pointe Elementary School.
OBJECTIVE 4: HISTORIC PRESERVATION BOARD MEMBERSHIP
Note: Objective 4 and related policies deleted because historic preservation group members
were appointed to the specified boards.
OBJECTIVE 5: CITY PLAN IMPACTS ON 0 itik.,R ENTITIES
Continue to utilize the intergovernmental coordination process established in 1990 to ensure
that full consideration is given to the impacts of developments proposed in the City
Comprehensive Plan on other governmental entities including 1993 provision of this plan to
adjacent municipalities.
Policy 5.1
Continue formal liaison with state agencies that have permitting responsibility in Miami
Beach.
Policy 5.2
Use the South Florida Regional Planning Council for mediation when development issues
cross jurisdictional boundaries (or impact state or regional resources) -and cannot be resolved
by the City alone; the City shall work with the Regional Planning Council to determine the
process.
Policy 5.3
The City Commission shall continue to work with the South Florida Regional Planing
Council to identify regional issues and to assist m the periodic updating of the
Comprehensive Regional Policy Plan.
Policy 5.4
Attend and participate in a planning technical committee of the Dade League of
Municipalities to be organized by Dade County for the purpose of better interpreting local
government planning issues and processes; devote special attention to the joint planning of
Fisher Island.
Policy 5.5
Continue to participate in the review process of the Biscayne Bay (Aquatic Preserve)
Shoreline Development Review Committee as it pertains to development/construction on the
Miami Beach bayfront.
Policy 5.6
The City of Miami Beach ql-tall provide copies ofthis revised Comprehensive Plan to the
adjacent municipalities of Surfside and Miami and a cover letter to each municipality stating
that proposed development in adjacent portions of Miami Beach has been reviewed -for its
relationship to the comprehensive plans of each municipality and that no negative impacts of
said proposed developments are anticipated.
OBJECTIVE 6: LEVEL OF Sk..11VICE STANDARD COORDINATION
Continue to coordinate with local (adjacent municipalities), county, regional and state
entities in the establishment of Level of Service Standards for public facilities by obtaining
copies of respective plans/levels of service and comparing them to those established by the
City of Miami Beach with special emphasis on the 1992 FDOT LOS Manual.
Policy 6.1
Utilize the 1992 FDOT "Level of Service Standards and Guidelines Manual" in concurrency
reviews of projects on State roads and otherwise continue to ensure that the level of service
standards for public facilities are coordinated with those governmental entities having
operational and maintenance responsibility for such facilities.
OBJECTIVE 7: COUNTY SUBSTANDARD HOUSING BOARD
Further increase the responsiveness of the Dade County Ungafe Structures Board to the
City's desire to efficiently demolish unsafe buildings by 1995.
Policy 7.1
Continue periodic meetings between the City Administration and the Unsafe Structures
Board to ensure coordination in addition to use of the new special master.
OBJECTIVE 8: HOUSING AUTHORITY
Initiate a joint City -Housing Authority program by 1994.
65
Policy 8.1
Continue the regular meetings between the City Administration and Housing Authority staff
to ensure mutual assistance and consistency of objectives including implementation of a joint
program of child care, recreation, code enforcement and police protection in support of
Section 8 housing.
Note: Objective 9 and related policies deleted because evacuation drill was held and
evacuation for Hurricane Andrew went smoothly.
Policy 9J-5.015 (3) (c) 4 is not applicable because annexation is not a realistic possibility.
CAPITAL IMPROVEMENT PROGRAM ELEMENT
GOAD
Ensure that all development and locations in the City are served by public
facilities at established levels of service, currently and at all times in the future.
OBJECTIVE 1:
Maintain all existing potable water, sanitary sewer, storm water, transportation, solid waste,
and recreational facilities at permitted levels as of Date of Adoption of this Comprehensive
Plan Amendment.
Policy 1.1
The City will maintain a current inventory of all City -owned capital facilities, to include
information on type, capacity, location and condition.
Policy 1.2
The City will continue its program of regularly scheduled inspections of all capital facilities,
coordinated by the Department of Design, Development and Historic Preservation Services,
to monitor and record the condition of each.
Policy 1.3
The City will continue to prepare and adopt each year a five year capital improvements
program and a one-year capital budget, to include all projects which entail expenditures of at
least $10,000 and a live of at least three years.
Policy 1.4
The City will implement the projects listed in the capital improvement program and in the
Implementation Schedule of this capital improvements element according to the schedule
listed in this Element.
Policy 1.5
When budgeting capital expenditures, the City will evaluate and assign priority to projects
according to the following criteria, listed in order of importance:
1. Elimination of existing or impending public hazards;
2. Repair or replacement of damaged capital facilities which do not fit the definition
in Number 1 above;
3. Prevent service from any existing part of a system from falling below the level of
service standards established in this Comprehensive Plan, due to failure of any
component of the system;
4. Accommodate existing , expanding or new capital facilities within Miami Beach
which are provided by other governmental agencies so as to avoid needless
repetition of expenditures;
5. Accommodate new construction or rehabilitation projects which are approved by
the City pursuant to all applicable development regulations and which are
consistent with the elements of this Comprehensive Plan and its amendments,
67
specifically to include projected growth patterns, level of service standards, and
requirements for financial participation by the party seeking development
approval in meeting the costs of the capital facility;
6. Elimination of existing capacity deficits;
7. The project's impact on the local budget;
8. The project's financial feasibility within the City's budget; and•
9. The project, if applicable, shall be coordinated with DOT plans.
Policy 1.6
The City will cooperate with all other governmental agencies, including the school board and
public health care providers, to treat their existing capital facilities located in the City in a
manner similar to that outlined in Policy 1.1 through 1.5 above.
Policy 1.7
The City shall limit the use of revenue bonds as a percent of total debt.
OBJECTIVE 2:
The City, as of 1990, shall not issue any building permits or development orders for new
developments or redevelopment unless the existing infrastructure (i.e. water, sanitary and
storm sewer, transportation, recreation and solid waste) meets or is unguarded to meet the
permitted level of service to support the increased in demand by the proposed development.
Policy 2.1
The City will continue to prepare and adopt a five year capital improvements program. It
will include all capital improvements identified in the comprehensive plan elements,
specifically including those to upgrade facilities in the South Pointe Redevelopment area,
Architectural District, The North Beach Area and the Convention Center Village.
Policy 2.2
During the annual preparation of the five year capital improvements program, the need for
additional or revised upgrading of projects will be analyzed by the city staff and those
determined to be necessary to fulfill Objective No. 2 above, and which are found to have an
identified funding source, will be added to the capital improvements program.
Policy 2.3
In the South Pointe Redevelopment Area, priority for the use of tax increment revenues and
the proceeds from a proposed second South Pointe Project bond issue will be given to
upgrading capital facilities directly associated with private construction or redevelopment
activities that are consistent with the adopted "South Shore Revitalization Strategy" which
addresses the South Pointe Redevelopment Area.
Policy 2.4
The City will pursue the creation and operation of special assessment districts to provide
funding for the proposed improvements in the Alton Road, Washington Avenue, Lincoln
68
Road, and Espanola Way areas of the Architectural District, and in the North Beach Area in
accordance with the adopted Neighborhood Special Area Studies for each of the specified
areas.
OBJECTIVE 3
Continue to participate in the Dade County Development Impact Fee Program to secure a
financial contribution from any development that necessitates new or expanded potable
water, sanitary and storm sewer, transportation, and solid waste based on a proportional
share of the cost of the improvements. Establish on or before‘January 1, 1995 a similar
program for recreational facilities and land within the City of Miami Beach.
Policy 3.1
The City will not give development approval to any new construction, redevelopment or
renovation project which creates a need for new or expanded public capital improvements
unless the project pays a proportional share of the costs of these improvements in accordance
with the Development Impact Fee Program.
Policy 3.2
The City will establish on or before January 1,1995 a schedule showing the percent of the
cost of capital improvements for recreation and open space a project must pay if the
improvements were necessitated by that project.
OBJECTIVE 4:
Return the City's overall bond rating as established by Moody's Investor's Service at A or
higher.
Policy 4.2
The City shall maintain a function responsible for soliciting Federal and state programs,
private contributions and joint venture approaches to be used to reduce costs the City must
bear for capital improvements.
Policy 4.4
The City will limit the total amount of outstanding debt in general obligation bonds to no
greater than 15 percent of the assessed taxable real property value in the City.
Policy 4.5
The ratio of the City's total debt service on general obligation bonds shall not be greater than
35 percent of the City's total ad valorem, real property tax revenue.
Policy 4.6
The City will continue to prepare and adopt each year a 5 year capital improvements
program and one year capital budget to, among other things, help assess future needs for
debt financing of capital improvements.
OBJECTIVE 5
Continue the established level of service standards for capital facilities for which the City
has financial responsibility.
Policy 5.2
Level of service standards established in the elements of this comprehensive plan and which
are also contained here in the capital improvements element shall be, upon adoption of the
comprehensive plan by the City Commission, the level of service standards for the designated
capital improvements.
Policy 5.2
The peak hour level of service standards for roads shall be:
Local Roads
Collector Roads
Minor Arterial
Minor Arterial
Principal Arterial
LOS Standard D
LOS Standard D
LOS Standard D
LOS Standard D
LOS Standard D
Policy 5.3
The following level of service standards for sanitary sewer collection shall be maintained in
all areas of the City
Average gallons per capita per day 140
Peak gallons per capita per day 144
Policy 5.4
Capacity of solid waste facilities shall have the following level of service standard:
1.275 tons per capita per year
Policy 5.5
Level of service standard for storm water drainRge in all areas of the City shall be:
25 year frequency, 24 hour duration
Policy 5.6
Level of service standard for distributing potable water in all areas o f the City shall be:
Average gallons per capita per day 140
Peak gallon per capita per day 168
70
Policy 5.7
As a general guideline, each facility type as defined by the data and analysis in the
Recreation and Open Space Element shall be based on a minimum number of units per
permanent and seasonal' population, by specific facility type.
Facility Type Minimum Number Requured
Swimming Pool
Golf Course (minimum 9 holes)
Basketball Court
Tennis Court
Multiple -Use Courts (shuffle, bocce, etc.)
Designated Field Area
(baseball, softball, soccer, etc.)
Tot Lots
Vitacourse
Boat Ramps
Outdoor Amphitheater
Activity Buildings for Multiple Uses
1 per 50,000 persons
1 per 50,000 persons
1 per 7,000 persons
1 per 3,000 persons
1 per 4,000 persons
1 per 10,000 persons
1 per 10,000 persons
1 per 40,000 persons
1 per 100,000 persons .
1 per 50,000 persons
1 per 10,000 persons
Policy 5.8
The National Park Association's suggested minimum requirement for recreation and open
space is established as the minimum Level of Service Standard for the entire system to
ensure adequate provisions are maintained for the future projected population. (Ten (10)
acres of recreation and open space per one -thousand (1,000) permanent and seasonal*
residents. (This requirement excludes public landscape open space and the Atlantic
beachfront area.)
OBJECTIVE 6
Limit public infrastructure expenditures that subsidize development in the Citv-wide
Coastal High Hazard Area except for restoration and enhancement of natural resources: the
measure shall be 0 nroiects inconsistent with Policies 6.1 through 6.5 and 8.2 in the Canital
Improvement Schedule.
Policy 6.1
Except as provided in Policy 6.2 through 6.5 below. the City shall not fund anv public
infrastructure capacity expansion if such funding and such expansion would have the effect
of directly subsidizing a private development.
Policy 62
Notwithstanding Policy 6.1above. the City may fund infrastructure capacity expansion to
achieve: 1) adopted level -of -service standards for facilities which serve the current and
projected population: 2) recreational and natural resource enhancement: 3) any development
directly supporting the Convention Center: 4) amelioration of parking or mass transit
deficiencies: 5) the provision of desirable parking or mass transit facilities and services;
• As the seasonal population primarily utilizes private recreation and open space facilities,
20 per cent of the actual total seasonal population is used to determine demand for public
recreation and open space facilities.
71
and/or 6) redevelopment inredevelopment areas established in accordance with state
statute. Expenditures pursuant to 3k 4). 5) and 6lpreceding shall be limited to South Pointe
Redevelopment Area and the Convention Center Village Redevelopment Area as shown on
the Futurgj,and Use Mag;
G./v. :.er ,,...Z: g .: :. s�: {;....:- -dc ib: N.a.:l•eft
Policy6.1
ter. :•. _
Policy §,a 6a3
The City will continue to expend funds as needed to maintain, repair, renew, replace or
expand storm water drainage facilities in the high hazard coastal areas.
Policy M 64
The City will continue to expend funds as needed to maintain, repair, renew, replace or
expand recreational, beach access and water access facilities in the high hazard coastal area.
Policy §„j 6:4
The City will continue to expend funds as needed to maintain, repair, renew, replace or
expand facilities that protect the dune system or other environmental assets.
OBJECTIVE 7
No new development, except those for which a building permit was issued by the City prior
to the effective date of the ordinance adopting the Miami Beach Comprehensive plan, shall
begin construction unless the public facilities needed to support the development are at the
permitted level of service standards adopted in the Plan and land use decisions will be
coordinated with available or projected fiscal resources with a C.I.P. schedule.
Policy 7.1
After adoption of the City's comprehensive plan, the City ball not issue a certificate of
occupancy or use for any new development unless the Planning, Design and Historic
Preservation Division determines that the needed public facilities are available at the time of
issuance, or a legally binding commitment to construct the facilities exists at the time of
issuance and it can be demonstrated that construction of the public facilities is both
technically and fiscally feasible for the committed party or parties.
Policy 7.2
Phasing of a development or phasing the implementation of the needed public facilities shall
be permitted to satisfy the requirement that the needed public facilities be available
concurrent with the effects of the development.
Policy 7.3
72
Developments for which building permits were issued prior to adoption of this comprehensive
plan shall be allowed to begin construction without regard to level of service standards
established in this capital improvements element, except that if a public hazard would be
created, construction of the development shall be prohibited until measures to prevent the
public hazard are implemented. Provided, however, that should any permit expire and not
be renewable, issuance of a new permit for the development shall be subject to the
requirements of a new application.
OBJECTIVE 8
Capital improvements will be provided to accommodate future developments and to replace
worn out or obsolete facilities, as indicated in the city's annually updated five year Capital
Improvement Program.
Policy 8.1
The City shall as a matter of priority, schedule and fund all capital improvement projects ix
the Five Year Schedule of Improvements which are designed to correct anticipated
deficiencies.
OBJECTIVE 9
The City shall require and provide the provision of needed improvements identified in other
elements of the Comprehensive Plan and shall manage the land development process (see
Future Land Use and Solid Waste, Sanitary Sewer Elements) such that the previous and
future developments do not exceed the City's ability to fund and provide the corresponding
public facilities necessary to accommodate the development.
Policy 9.1
Development and redevelopment projects shall be consistent with public facilities necessary
to meet service standards and remain within the proposed municipal budget.
Policy 9.2
Recommendations described in the Future Land Use Element are incorporated by reference
and shall be implemented as part of the Capital Improvement Element.
73
HISTORIC PRESTALVATION ELEMENT
GOAL:
Secure for future generations the opportunity to share in the unique heritage of
Miami Beach and promote sound economic development through the purposeful
retention, protection and continued use of buildings, structures and districts
which are associated with important events in the City's history or exhibit
significant architectural qualities.
OBJECTIVE 1
By 1995, increase the total number of structures designated as historically significant from
that number of structures designated in 1988, either individually or as it contributing
structures within the National Register Architectural District or a local Historic
Preservation District.
Policy 1.1
The City will provide the necessary financial and other resources to ensure that all
historically significant structures are identified by 1995 by funding City staff to survey,
update, and expand the historic structures data base; by 1994, a Historic Preservation
Coordinator position will be founded.
Policy 1.2
By 1994, A any structure identified as historically or architecturally significant which is
located within an existing historic preservation district chAll be designated as a contributing
_ -
structure.
Policy 1.3
Strengthen the City's historic preservation powers as contained in the historic preservation
ordinance by continuing to provide the City with the authority to deny requests for
demolition of buildings locally designated as historic preservation sites or contributing
buildings within locally designated historic preservation districts.
Policy 1.4
By 1994, expand the City's Design Guidelines to specifically address the rehabilitation of
historic preservation sites or contributing structures within designated local Historic
Preservation Districts.
OBJECTIVE 2
Continue to increase the total ad valorem, real property values in the local historic districts
from those established in 1988 by: 1) funding programs to subsidize multi -family and
commercial rehabilitation; 2) funding physical streetscape improvements to complement
private rehabilitation, as identified in the Capital Improvements Element; and 3) assigning
City administrators to the task of coordinating approvals with potential developers.
Policy 2.1
Build a consensus among the many public and private organizations as to a realistic and
balanced approach to economic development and historic preservation, working with the
74
Miami Design Preservation League, Miami Beach Chamber of Commerce, Miami Beach
Development Corporation and similar organizations.
Policy 2.2
Provide funding to subsidize the rehabilitation of existing hotels and the construction of a
new hotel or hotels in the City Center/Historic Convention Village Area which are designed
to be sensitive to the historic character of the area.
Policy 2.3
By 1994, adopt a master plan for the redevelopment of Lincoln Road as a historic cultural
and retail center and create a financing mechanism to implement the plan.
Policy 2.4
Continue to adhere to design guidelines for appropriate in -fill construction within the Altos
del Mar Historic District (77th to 79th Streets, east of Collins Avenue) consistent with the
historic single family character of the area.
Policy 2.5
By 1994, amend Section 20 of the LDR to encourage the rehabilitation of structures
identified in the historic structures data base within the South Pointe Redevelopment Area.
75
CITY COMMISSION RESOLUTION 92-20579
CITY COMMISSION MEMORANDUM 523-92
STORMWATER UTILITY INTERLOCAL AGREEMENT
BETWEEN MIAMI BEACH AND METROPOLITAN DADE COUNTY
76
RESOLUTION 110. 82-20579
A RESOLUTION OF TEs CITY COMMI881011 OF TEE CITY OF
MIAMI EEACE, FLORIDA, AUTEORIZING TEE MAYOR AMD
CITY CLEAR TO EXECUTE AN INTERLOCAL A+n,,.,...aa.. WIT/
METROPOLITAN WADE COUNTY STORE EATER UTILITY EY AND
MOM ITS DEPARTMENT OF ; . i i ..,i.. i .L,rd .., .. RESOURCES
MANAGEMENT, AND AUTEORIEI110 TEE CITY 101101GER TO
COMPLETE TEE ATTACffiNT8 AND OTEER UNCOMPLETED
ITEMS IN TEE AGREEMENT.
WREREA8, Section 403.0893, Florida Statutes,'authorizes the
establishment of stormwater utilities for construction, operation,
and maintenance of stormwater, management systems, to collect,
convey, store, absorb, inhibit, treat, use, or reuse water, prevent
or reduce flooding, overdrainage, environmental degradation and
water pollution; and
WEEREAB, the Board of County Commissioners Metropolitan of
Dade County (the "County"), did, by adoption of Dade County
Ordinances No. 91-66 and Ordinance No. 91-120, create a stormwater
utility within the unincorporated area of the County, and which
utility may, operate within a municipality or municipalities; and
WHEREAS, it is the intent of the County and the City, through
this Agreement, to establish relationships and responsibilities for
planning, control, operation, construction, maintenance repair, and
enhancement of stormwater systems located within the limits of the
City.
NOW, . w�..., BE IT DULY RESOLVED BY TEE CITY 00101ISSION OF
TEE CITY OF MIAMI BRACE, FLORIDA, that the Mayor and City Clerk are
hereby authorized to execute an Interlocal Agreement with
Metropolitan Dade County Storm Water Utility by and through its
Department of Environmental Resources Management, and authorizing
the City Manager to complete the attachments and other uncompleted
items in the Agreement.
PASSED and ADOPTED this 2nd day of September, 1992.
ATTEST:
City Clerk
PNB:lm
C:\resolutiinterloc.sta
FORM AP OVED
l PT..
By\
CITY OF MIAMI BEACH
C: Tr NAIL 1700 CONVENTION CENTER DANE MIAMI SEALS FLOa1OA 33139
Oii10E Of THE CITY MANA00a
TELEINONE: (303) 073.7010
FAL P03) 113-7712
COMMISSION MEMORANDUM NO. 5 .a.3-12_
TO: Mayor Seymour Gelber and
Members of the My Cammisskin
FROM: Roper M. Galton
Gy Manager
SUS.ECT: MIAMI BEACH STORM WATER UTILITY
ADMINISTRATION RECOMMENDATION:
DATE: Sept. 2, 1992
The Administration recommends that the City Commission approve an Interlocal Agreement
with Metropolitan Dade County to implement a Storm Water Utility for the City of Miami
Beach in accordance with the provisions of Codified Chapter 24, Article IV, of the Code of
Metropolitan Dade County.
BACKGROUND:
In keeping with Federal mandates, specifically, the Environmental Protection Agency National
Pollutant Discharge Elimination (NPDES) permit regulations for storm water discharges, the
City of Miami Beach, through an Interlocal Agreement with Dade County, is well underway
with the two part NPDES permit application. Pan one of the two step process essentially
identifies the pollution sources. Step two is the development of a Master Plan including
maintenance, remedial actions and. most importantly, the funding source for these actions.
It is estimated that meeting the EPA-NPDES requirements, county -wide, including improving
the storm water maintenance program will require over $12.0 million in Fiscal Year 91/92.
escalating to over S23.0 million by Foal Year 94/95. The City of Miami Beach has over 250
outfalls, many of which will require a great deal of remedial work. Due to our miles of
canals and shoreline, a substantial portion of the cost will be borne by the City of Miami
Beach.
In addressing the issue of funding the Board of County Commissioners passed Ordinances
- Number 91-66 and Number 91-120, creating a county -wide (including municipalities) utility
ordinance with a provision which allows municipalities the option of providing a different
source of funds if they choose to do so.
The storm water utility approach has been widely accepted throughout the state and nation
as the best way to provide a stable funding source to address issues of water quality, flooding.
and system maintenance. The City of Miami, Tallahassee, Orlando, and Sarasota County. are
some of the twenty-nine established storm water utilities. There are an additional fifty-three
utilities in various stages of implementation within the state.
The Metropolitan Dade County Ordinance, effective June 30, 1991. provides the authority to
adopt storm water utility fees sufficient to plan, construct, operate and maintain, publicly
owned storm water management systems. Subject to determined needs, the fees can vary in
each municipality or jurisdiction. The storm water utility fee is based on a user fee concept
that is typical of existing potable water and sanitary sewer based utilities. The property
owners are assigned equitable shares of the cost of storm water management, based on their 1
AGENDA
ITEn
DATE
COMMISSION MEMORANDUM
PAGE 2
SUBJECT: MIAMI BEACH STORM WATER UTILITY
SEPTEMBER 6, 1992
relative contribution of runoff to the storm water conveyance facilities. The relative runoff
contribution is estimated by the amount of impervious area on the Parcel. This avows the
utility to equitaby and fairly charge users, such that the charge reflects the degree of use
of the storm water conveyance capacity and ...._„ .. .y . y and
Ste. Of particular relevance to the City of Miami Beach. is that all the storm water
maintenance can be covered by this funding source and will provide the funding for future
improvements as may be mandated by Federal law.
ANALYSIS:
The cost per residential unit is $2.50 per month. Commercial properties are calculated
on a formula based upon the amount of impermeable land. This is equitable since
land creates off-site drainage needs. The estimated annual revenue will be
$1.5 milion dedicated to the improvement of the City's storm water drainage system. The
specific projects will be approved by the City Commission each year.
CONCLUSION
The United States Environmental Protection Agency's National PdkRartt Discharge
Elimination System permit requires a two-step multi-year permitting process involving the
entire County storm water systems.
It is the EPA's intent to evaluate and force elimination of pollutant discharges. This
program increased water quaity and development of a master and management
plans.
It is the Administration's ,:.... ration that the City Commission enter into an Interlocal
Agreement with Metropolitan Dade County which includes implementing a storm water
utility fee to fund the required storm water improvements and management plan.
RMC/RAG/b
Note: There win be changes to the proposed Agreement forwarded to the City
Commission on Monday. August 10. 1992. -
2
STORMWATER UTILITY
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
METROPOLITAN DADE COUNTY
STORMWATER UTILITY
METROPOLITAN DADE COUNTY
STORMWATER UTILITY (305) 375-3235
111 NORTHWEST FIRST STREET, SUITE 1310
MIAMI, FLORIDA 33128
10/28/92
INTERLOCAL AGREEMENT FOR
STORMWATER MANAGEMENT
THIS INTERLOCAL AGREEMENT, [hereinafter the 'Agreement'] by and
between the Metropolitan Dade County Stormwater Utility, a public
body corporate and politic, through its governing body, the Board of
County Commissioners of Dade County, Florida [hereinafter sometimes
referred to as •UTILITY",] and the City of Miami Beach, a political
subdivision of the State of Florida, [herein er sometimes referred
to as •CITY•,] is entered into this / tday of C C.• ,
1992.
WITNESSETH
WHEREAS, Section 403.0893, Florida Statutes, authorizes the
establishment of stormwater utilities for construction, operation,
and maintenance of stormwater management systems, to collect, convey,
store, absorb, inhibit, treat, use, or reuse water, prevent or reduce
flooding, overdrainage, environmental degradation and water
pollution; and
WHEREAS, the Board of County Commissioners of Metropolitan Dade
County, did, by adoption of Dade County Ordinances No. 91-66 and
Ordinance No. 91-120, as amended by Ordinance Nos. 92-44 and 92-86,
create a stormwater utility [hereinafter referred to as the
•UTILITY•,] within the unincorporated area of the UTILITY, and which
UTILITY may, operate within a municipality or municipalities; and
WHEREAS, it is the intent of the UTILITY and the CITY, through
this Agreement, to establish relationships and responsibilities for
planning, control, operation, construction, maintenance repair, and
enhancement of stormwater systems located within the limits of the
CITY.
Now, therefore, in consideration of the mutual promises and
covenants contained herein and the mutual benefits to be derived from
this Agreement, the parties hereto agree as follows:
ARTICLE I
PURPOSES
The UTILITY and the CITY enter into this Agreement to further the
following purposes:
(1) to protect and promote the public health, safety, and
general welfare through the management of stormwater run-off;
2
(2) to maintain and improve water quality and preserve and
enhance the environmental quality of the receiving waters;
{3}
to control flooding that results from rainfall events;
(4) to deter unmanaged rainwater from eroding sandy soils and
causing the collapse of banks of waterways, which results in
sedimentation;
(5) to deter the disruption of the habitat of aquatic plants
and animals;
(6) to promote intergovernmental cooperation in effectively and
efficiently managing stormwater run-off;
(7) to plan for stormwater management, including scheduling and
conducting basin master planning studies and development of
stormwater management capital improvement programs; and
(8) to provide for collection of stormwater utility revenue,
and verified allocation of funds for authorized expenses.
ARTICLE II
DEFINITIONS
Agreement shall mean this document, including any written
amendments hereto, the attachments, and other written documents which
are expressly incorporated herein by reference.
Basin Master Plan shall mean a plan developed to identify
the facilities, programs, and management necessary for comprehensive
control, treatment, and use of stormwater in a specified drainage
basin.
Drainage Basin shall mean a designated subdivision of a
watershed.
Equivalent Residential Unit (sometimes hereinafter referred
to as •ERU•) shall mean the statistically estimated average
horizontal impervious area of residential developed property per
dwelling unit. This estimated average is calculated by dividing the
total estimated impervious area of four residential categories, to
wit, single family, mobile home, multifamily and condominium, by the
estimated total number of residential dwelling units. For the
purposes of the stormwater utility each dwelling unit, to wit, single
family residence, mobile home, multifamily, or condominium, is
assigned one ERU.
Fiscal Year shall mean the period beginning on October 1
and ending on September 30.
3
Force Majeure shall mean an act of God, epidemic,
lightning, earthquake, tire, explosion, hurricane, flood or similar
occurrence, strike, an act of a public enemy, or blockade,
insurrection, riot, general arrest or restraint of government and
people, civil disturbance or similar occurrence, which has had or may
reasonably be expected to have a material adverse effect on the
rights or obligations under this Agreement, and which, by the
exercise of due diligence, such parties shall not have been able to
avoid. Such acts or events DO NOT INCLUDE inclement weather (except
as noted above) or the acts or omissions of Subcontractors,
third -party contractors, materialmen, suppliers, or their
subcontractors, unless such acts or omissions are otherwise
encompassed by the definition set forth above.
In -CITY Revenue shall mean the revenue obtained by the
CITY from parcels or portions of parcels located within the CITY
limits through utility user fees.
Major stormwater system shall mean a stormwater management
system identities on tne maps indicated in Attachment 'A', including
public retention, detention, and exfiltration facilities.
Watershed shall mean a region draining into a river, river
system, or other body of water.
In addition to the above definitions, terms defined in
Metropolitan Dade County Ordinances No. 91-66 and No. 91-120,
codified in the Code of Metropolitan Dade County as Chapter 24,
Article IV of the Metropolitan Dade County Environmental Protection
Ordinance as amended from time to time, shall have the meanings
ascribed to them therein.
ARTICLE III
TERM
Initial Term
The initial term of this Agreement shall be for a period of five
(5) years beginning on the date of execution by both parties hereto,
provided, however, either party may terminate this Agreement without
cause prior to the expiration date upon one (1) year advance written
notice to the other party of such termination. In the event that the
CITY terminates this Agreement upon one year's notice without
cause,the CITY shall create and implement a stormwater utility in
accordance with Ordinance No. 91-66 and shall, within thirty (30)
days of the effective date of termination, pay the UTILITY all
UTILITY costs allocable to the CITY.
4
Option to Renew
Upon mutual written consent of the parties, this Agreement may
be extended for five (5) additional terms of five (5) years each.
ARTICLE IV
CITY RESPONSIBILITIES
A. Upon the UTILITY's request, the CITY shall share information
with the UTILITY in matters of flood control, surface water quality,
public works construction programs, land use and zoning
classifications, and other activities relating to stormwater
management systems.
B. The CITY shall provide notice to the UTILITY, as provided
herein, designating the project manager responsible for implementing
the tasks and responsibilities set forth herein. The CITY shall
promptly notify the UTILITY of any change in the project manager
designation by notice as specified in this Agreement.
C. For each UTILITY fiscal year, a CITY stormwater utility
budget will be developed by the CITY, subject to approval by
the UTILITY. The UTILITY -approved CITY stormwater utility budget
will define the annual administration, operation and maintenance,
planning, engineering, local drainage construction costs, capital
improvement expenses allocable to the CITY. Said budget shall be
submitted to the UTILITY no later than March 1st of each calendar
year.
D. The total revenue allocated to the CITY, as determined
above, shall be equal to the in -CITY revenue collected during that
fiscal year (October 1 - September 30) less applicable UTILITY costs.
E. The CITY will develop a master plan for all of the drainage
basins, subdrainage basins or fractional drainage basins within the
geographical boundaries of the CITY. The basin master plan developed
by the CITY shall be similar to and in conformance with the criteria,
specifications, format and content of the basin master plan developed
by the UTILITY for the unincorporated areas.
F. The CITY shall provide to the UTILITY annually by February
15th, or at such other time as is mutually agreed upon, a list of
stormwater capital improvement projects and local drainage projects
it proposes to be included in the next fiscal year stormwater utility
budget. The CITY shall provide a general description of, the
justification for, and the priority of each project proposed.
Capital projects within the CITY such as roadway improvement or
bridge construction whose primary purpose is not for stormwater
management cannot be funded by the stormwater utility.
5
G. The CITY shall pay the tJ'l'J:LITY the actual cost for the
development and implementation of the trrILI'l'! within the CITY. The
CITY' shall be responsible for CITY administration, staffing and
management of the UTILITY within CITY geographical limits. The costs
set forth in this paragraph XV'(G) shall be incorporated in the CITY's
annual Stormwater Utility budget.
H. The CITY shall develop a rolling, five (5) year Stormwater
Master Planning Program which shall be annually updated and which
shall be submitted to the ~LITY for review and approval.
I. Annually, the CITY shall perfonn a financial audit of funds
received and expenditures of the UT7LITY within the CITY to determine
compliance with the requirements of the Agreement, and shall provide
a copy of the audit report to the tJ'l'J:LITY at a mutually agreed upon
date after the completion of the audit.
ARTICLE V
UTILITY RESPONSIBILITIES
A. The UTILITY has established, and shall maintain in effect, a
Stormwater Utility. The UTILITY' is responsible for UTILITY
administration, staffing and management of the UTILITY.
B. The UTILITY shall develop and manage a Stormwater Master
Planning Program in the unincorporated areas, a copy of which shall
be provided to the CITY' for the purpose of developing the CITY master
plan.
C. The UTILITY shall provide notice to the CITY as provided
herein, designating the Project Manager responsible for implementing
the tasks and responsibilities set forth herein. The UTILITY shall
promptly notify the CITY of any change in - the Project Manager
designation by notice as specified in this Agreement.
D. The UTILITY shall review the CITY's annual stormwater
utility budget proposal and shall provide to the CITY, during the
month of April, or at such other time as is mutually agreed upon, a
written response thereto. The annual budget shall be consistent with
the prioritization of projects established ~ the master plan after
said plan is approved by the UTILITY.
E. The UTILITY shall provide the CITY information on UTILITY
modifications or additions to stormwater management systems that may
interrelate with or affect the CITY sto:z:mwater management. system.
F. The UTILITY shall review the CITY's rolling five (5) year
Stormwater Master planning Program and approve or reject in writing
the program. If the UTILITY rejects the program, the UTILITY shall
provide specific reasons for rejection and the CITY shall modify and
resubmit the program within thirty (30) days.
6
ARTICLE VI
RATES
The rate per ERU to be collected within the CITY geographical
boundary in a given year shall be established concurrently with the
stormwater budget process and shall be calculated as the number
derived by dividing the CITY's proposed stormwater budget
expenditures by the total number of ERU's located within the CITY.
ARTICLE VII
FORCE HAJEtJRE
Neither party hereto shall be liable for its failure to carry
out its obligations under the Agreement during any period when such
party is rendered unable, in whole or in part, by Force Majeure to
carry out such obligations, but the obligations of the party relying
on such Force Majeure shall be suspended only during the continuance
of any inability so caused and for no longer period of said
unexpected or uncontrollable event, and such cause shall, so fa~ as
possible, be remedied with all reasonable dispatch.
It is further agreed and stipulated that the right of any party
hereto to excuse its failure to perform by reason of Force Majeure
shall be conditioned upon such party giving, to the other party,
written notice of its assertion that a Force Majeure delay has
commenced wi thin ten (10) working days after such commencement,
unless there exists good cause for failure to give such notice, in
which event, failure to give such notice shall not prejudice any
party's right to justify any non-performance as caused by Force
Maj eure unless the failure to give timely notice causes material
prejudice to the other party. '
ARTICLE VIII
DEFAULT
CITY Event of Default
Without limitation, the failure by the CITY to substantially
fulfill any of its material obligations in accordance with this
Agreement, unless such failures are justified by Force Majeure, shall
constitute a -CITY event of default-. .
If a CITY event of default should occur, the UTILITY shall have
all of the following rights and remedies which it may exercise singly
or in coronination: .
1. The right ,to declare that this Agreement together with all
rights granted to CITY thereunder are terminated, effective upon such
date as is designated by the UTILITY;
7
:2 . Any and all rights provided under federal laws and the laws
of the State of Florida.
UTILITY Event of Default
Without l~tation, the failure by the ~LITY to substantially
fulfill any of its material obligations in accordance with this
Agreement, unless such failures are justified ~ Force Majeure, shall
constitute a -UTILITY event of default-.
If a UTILITY event of default should occur, the CITY shall have
all of the following rights and remedies. which it may exercise singly
or in combination:
1. The right to declare that this Agreement together with all
rights granted to UTILITY thereunder are tet:minated, effective upon
such date as is designated by the CITY;
:2 . Any and all rights provided under federal laws and the laws
of the State of Florida.
ARTICLE IX
GOVERNING. LAW
This Agreement shall be governed by and construed in accordance
wi th the laws of the State of Florida. The UTILITY and the CITY
agree to submit to service of process and jurisdiction of the State
of Florida for any controversy or cla~ arising out of or relating to
this Agreement or a breach of this Agreement. Venue for any court
action between the parties for any such controversy arising from or
related to this Agreement shall be in the Eleventh Judicial Circuit
in and for Dade County, .Florida, or in the United States District
Court for the Southern District of Florida, in.Dade County, Florida.
ARTICLE X
ENTIRETY OF AGREEMENT
This Agreement incorporates and includes all prior negotiations,
correspondence, conversations, agreements, and understandings
applicable to the matters contained herein. The parties agree that
there are no commitments, agreements. or .Understandings concerning
the subject matter of this Agreement that are not contained in this
Agreement, and that this Agreement contains the entire agreement
between the parties as to matters contained herein. Accordingly, it
is agreed that no deviation from the texms hereof shall be predicated
upon any prior representations or agreements, whether oral or
written. It is further agreed that any oral representations or
modifications concerning this Agreement shall be of no force or
effect, and that this Agreement may be modified, altered or amended
only by a written amendment duly executed by both parties hereto or
their authorized representatives.
8
ARTJ:CLE XI
HEADINGS
Captions. and headings in this Agreement
reference only and do not constitute a part of
shall not affect the meaning or interpretation
herein.
are for ease of
this Agreement and
of any provisions
ARTICLE XII
RIGHTS OF OTHERS
Nothing in this Agreement expressed or implied is intended to
confer upon any person other than the parties hereto any rights or
remedies under or ~ reasons of this Agreement.
ARTICLE XIII
REPRESENTATION OF CITY
The CITY represents that (I) this Agreement has been duly
authorized, executed and delivered ~ the City of Miami Beach City
Commission, as the governing body of. the CITY, and (II) it has the
required power and authority to perfor.m this Agreement.
ARTICLE XIV
REPRESENTATION OF UTILITY
The UTILITY represents that (I) this Agreement has been duly
authorized, executed and delivered by the Board of County
Commissioners, as the governing body of the UTILITY, and (II) it-has
the required power and authority to perform this Agreement.
ARTICLE XV
WAIVER
There shall be no waiver of any right related to this Agreement
unless in writing signed by the party waiving such right. No delay
or failure to exercise a right under this Agreement shall impair such
right or shall be construed to be a waiver thereof. Any waiver shall
be limited to the particular right so waived and shall not be deemed
a waiver of the same right at a later time, or of any other right
under this Agreement.
9
ARTICLE XVI
INVALIDITY OF PROVISIONS, SEVERABILITY
Wherever possible. each provision. of the Agreement shall be
interpreted in such manner as to be effective and valid under
applicable law, but if any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be
ineffective to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining
provisions of this Agreement, provided that the material purposes of
this Agreement can be determined and effectuated.
ARTICLE XVII
INDEPENDENT CONTRACTOR
CITY shall perfor.m all work and services described herein as an
independent contractor and not as an officer, agent, servant,' or
employee of the UTILITY. CITY shall have -- control of the work
perfor.med hereunder in accordance with the ter.m of this Agreement and
of all persons performing the same, and CITY shall be responsible for
the acts and omissions of its. officers, agents, employees,
contractors, and subcontractors, if any.
Nothing herein shall be construed as creating a partnership or
joint venture between the UTILITY and the CITY. No person perfoI:ming
any of the work or services described hereunder shall be considered
an officer, agent, servant or employee of the UTILITY, nor shall any
such person be entitled to any benefits available or granted to
employees of UTILITY.
ARTICLE XVIII
INDEMNIFICATION
To the extent permitted by law, each party agrees to indemnify I
defend and save harmless the other, their appointed boards and
commissions, officials, officers, employees, individually and
collectively from all losses, claims, suits, demands, expenses,
subrogations, or actions of any kind resulting from all personal
injury including bodily injury and death, and property damage
occasioned during the ter.m of this Agreement for its own acts or
omissions arising out of, because of, or due to the execution or
performance of the terms of this interlocal Agreement. However, the
parties do not, and shall not be deemed to have given any
indemnification for damages arising out of injury or damage to
persons or property caused by or resulting from the negligence of the
other party hereto or any of its officers, agents, or employees, if
applicable.
10
IN
and seals on the
hereto set their hands
ATTEST:
(SEAL)
:~ ro romUND
J. ~~~=~rney
/~/~'f2-
LEGAL SUFFICIENCY:
APPROVED BY DADE COUNTY A'rI'ORNEY AS
TO FORM AND LEGAL SUFFICIENCY.
COMMISSIONERS,
FLORIDA, AS GOVERNING
RMWATER UTILITY
ATTEST:
Date Signed by the UTILITY
(SEAL)
MARSHALL ADER, Clerk of the
Circuit Court, Ex-Officio Clerk
of the Board of County commissioners .....coi;...
Dade ounty, Florida. ...~'" ~...
.. ~ D " " \p. e.
: ~ ...~ ~ ~ ~
BY: · Co""'''' 0 ;
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..........
11
AT'l'ACHMENT A
City of Miami Beach Stor.mwater Drainage Atlas
1. Orginal copy maintained by the CITY.
12
ST A TE OF FLORIDA )
) SS:
cot;~TY OF DADE )
1. MARSHALL ADER. Clerk of the Circuit Court in and for Dade County.
Aorida. and Ex-Officio Clerk of the Board of County Commissioners of said Count)".
DO HEREBY CERTIFY that the above and foregoing is a true and correct COP)" of
R-1516-92
Resolution No.
. adopted by the said Board of County
Commissioners at its meeting held on
necE!lDb:g 15 . 19 92
I~ WITNESS WHEREOF. I have hereunto set my hand and official seal on
this
18t~
day of
necE!lDbex . A. D. 19 ~2
~IARSHALL ADER. Clerk
Board of County Commissioners
Dade County. Aorida
~
-/~
Deputy Clerk
By
Board of Count)' Commissioners
Dade County. Aorida
MEMORANDUM
Agenda Item No. s(e)(16)
'fa. ...,...: =.:f .,....- ....
)~
Honorable Mayor and Members
Board of County ComGdssioners
.~~
DATE:
SUBJECT:
December 15. 1992
Resolution Approving an
Interlocal Agreement with
the City of Miami Beach.
P.E., P.L.S.,
~C"1 :
RECOMMENDATIONS
It is recommended that the Board approve the attached
resolution which authorizes the execution of an Interlocal
Agreement with the city of Miami Beach for the inclusion of
the City in the Metropolitan Dade County Stor.mwater utility.
The City of Miami Beach requested to become a part of the
County's Stonnwater utility as provided for in Article IV,
Chapter 24, Section 24-61.2 of the Metropolitan Dade County
code.
BACKGROUND
The Metropolitan Dade County Stormwater Utility was
established as a county-wide utility ~ the Dade County Board
of County Commdssioners adoption of Ordinance 91-66, creating
Article IV of Chapter 24 of the code of Metropolitan Dade
County. The county-wide applicability of this utility sets a
uniform approach to stormwater management in Dade County. The
municipalities were given the option to become part of the
County program or to create their own dedicated source of
stonwater funding in accordance with Section 403, Florida
Statutes.
The Ci ty of Miami Beach has opted to become part of the
County's Stormwater utility program. The proposed Interlocal
Agreement outlines City and Metropolitan Dade County
Stormwater Utility stormwater management program
responsibilities and stonnwater fee collection procedures.
This Interlocal Agreement also provides for the coordination
of stormwater master planning and capital improvement
activities to the mutual benefit of both the city and County.
It is therefore recommended that the Board approve the subject
Interlocal Agreement to include the City of Miami Beach in the
Metropolitan Dade County Stonnwater Utility.
ATl'ACHMENTS
Agenda Item No. 5 (e) (16)
12-:15-92
RESOLUTION NO.
R_1Ci1F\-Q?
RESOLUTION AUTHORIZING EXECUTION OF AN
INTERLOCAL AGREEMENT WI!1'B THE CITY' OF KIAKI
BEACH WHICH. PROV:tDES FOR THE INCLUSION
OF 'l'HE CITY' OF KIAMZ BEACH IN 'ftIE
METROPOLITAN DADB CQUN'1'!' STORMWATER
U"l'ILITY' . .
WHEREAS, this Board desires to accomplish the purposes
outlined in the aCCOD'JPCll1ying memorandum, a copy of which is
incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board,
acting as the governing body of the Metropolitan Dade County
Stormwater Utility, hereby approves the Interlocal Agreement
between the City of Miami Beach and the Metropolitan Dade
COWlty Stonrrwater Utility, which Agre~t provides for the
inclusion of the City of Miami Beach in the Metropolitan Dade
County Stonrrwater Utility, in substantially the form attached
hereto, and made a part hereof, and authorizes the County
Manager to execute same for and on behalf of the Utility, and
to exercise the termination provision contained therein:
The foregoing resolution was offered by coamissioner
~rthur E. Teele, Jr. , who moved its adoption. The motion
was seconded by Commissioner Mary Collins
upon being put to a vote, the vote was as follows:
and
Mary Collins
Charles Dusseau
Joseph M. Gersten
Larry Hawkins
Alexander penelas
Harvey Ruvin
Arthur E. Teele, Jr.
Sherman S. winn
Stephen P. Clark
The Mayor thereupon
aye
absent
aye
aye
aye
aye
aye
aye
absent
declared the
Agenda Item No. 5 (e) (16)
Page No. 2
resolution duly passed
and adopted this 15th day of December. 1992.
.........
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APproved by County Attorney as ~~
to form and legal sufficienCY.~ c'
.
DADE COUNTY, FLORIDA
BY 1'1'S BOARD OF
coUNTY' COMKISSIONERS
MARSHALL ADER, CLERK
By:
RAYMOND REED
Deputy Clerk