2015-3952 Ordinance STORMWATER PUMP STATIONS — DRB EXEMPTION
ORDINANCE NO. 2015-3952
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR'S) OF THE CITY CODE, AT CHAPTER 118, ENTITLED
"ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE VI "DESIGN
REVIEW PROCEDURES, BY MODIFYING SECTION 118-252, ENTITLED
"APPLICABILITY AND EXEMPTIONS" TO EXCLUDE FROM DESIGN
REVIEW BOARD REVIEW CITY APPLICATIONS RELATING TO
STORMWATER PUMP STATIONS; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, on June 9, 2010, the City of Miami Beach (City) authorized CDM Smith Inc.
(CDM Smith) to develop a City-wide Comprehensive Stormwater Management Master Plan
(SWMMP) in order to evaluate and update its stormwater management practices, infrastructure,
funding, and regulatory policies; and
WHEREAS, Miami Beach is one of 16 municipalities that entered into an Interlocal
Agreement (ILA) with Miami- Dade County in 1993 (subsequently 17 additional municipalities
have also entered an ILA with Miami- Dade County), authorizing Miami-Dade County to be the
lead permittee in submitting a National Pollutant Discharge Elimination System (NPDES)
Stormwater Permit Application, which was required by federal law.
WHEREAS, one condition of the ILA requires the City of Miami Beach to develop a
SWMMP that is consistent with Miami-Dade County's Master Plan; and
WHEREAS, the SWMMP is intended to be a guide for improving the City's stormwater
management system flood control and water quality performance for the next 20 years, with
considerations of potential sea level change (SLC) over 20-years of stormwater infrastructure
and a 50-year planning horizon for sea wall heights. SLC, to the extent it occurs, will worsen
flooding potential in the City by raising the tide levels and water table and by making it more
difficult to discharge stormwater out of the area.
WHEREAS, the SWMMP provides a preliminary schedule of prioritized capital
improvements necessary to allow the City's stormwater systems to: meet the increasing
performance and regulatory demands, modernize existing systems for both flood control and
water quality, and maintain the City-desired flood control level of service(LOS).
WHEREAS, the City is a highly urbanized coastal community located in southeast
Florida and is a major economic resource to the region. Bounded by the Atlantic Ocean and the
environmentally sensitive Biscayne Bay Aquatic Preserve, which is also an Outstanding Florida
Water (OFW) requiring strict environmental protection, the study area covers approximately
4,200 acres; and
WHEREAS, the City has relatively low-lying land that is intersected by intracoastal
waterways with limited natural storage and large areas of re-development; and
WHEREAS, the subtropical climate entails high-intensity rainfall and significant tidal
influence, and
WHEREAS, the above factors all contribute to historical and potential future severe
rainfall and tidal flooding;; and
WHEREAS, in the SWMMP, the City evaluated project areas to determine the level of
infrastructure improvements necessary to meet the City's established Level of Service for the
statistically calculated once-in-5-year storm; and
WHEREAS, the City selected a tiered Best Management Practice (BMP) treatment
train approach was used to identify the most effective solutions for each project area and to
identify opportunities for flood control, water quality, aquifer recharge, and stormwater
harvesting and irrigation use, which approach was incrementally formulated from the simplest
tier 1 (e.g., back flow preventers) through the most complex and costly tier 4 (e.g.,
underground storage), and bundled together to determine the economic feasibility of proposed
infrastructure improvements; and
WHEREAS, due to the anticipated significant capital investment and stringent
permitting to discharge into Biscayne Bay, the tiered approach will allow the City to proceed
with specific elements of the BMP treatment train as economic conditions permit, which would
allow for future addition of tiers to ultimately meet the full 5-year LOS while monitoring and
adjusting to sea- level rise conditions.
WHEREAS, the prompt, and swift installation of the City's Stormwater pumping stations
is necessary for the health, safety and welfare, and installation is anticipated to cost the City
over$196 - $206 million in capital improvements; and
WHEREAS, the City has taken a strong leadership roll relating to flooding and climate
control; and
WHEREAS, due to the increase in flooding in the City due to Climate Control and the
resulting "king" tides that cause tremendous damage to the City's roads, infrastructure and to
private property, the City is proceeding with implementing its SWMMP including, by installing
major gravitational pumps and manual pumps throughout the City to ensure that during a high-
tide event, the City can keep the streets and private property from unduly flooding; and
WHEREAS, the City Code, at 118-252 provides that the Design Review Board is to
review all above ground public works improvements within the City's rights-of-way or on City
property; and
WHEREAS, to ensure the prompt and uniform installation of the necessary pumps, in
the locations needed by the City, the City desires to amend its land development code in order
to exempt review of the locations and design of such pumps from the Design Review Board, as
such review would delay the installation of the pumps and would cost the City additional funds
that have not been anticipated, as well as possibly interfere with the proper location and function
of the necessary public improvements; and
WHEREAS, the amendment set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 118, entitled "Administrative and Review Procedures" at Article VI
"Design Review Procedures, Section 118-252 entitled "Applicability and exemptions," of the
City's Land Development Code is hereby amended follows:
* * *
CHAPTER 118 ADMINISTRATIVE AND REVIEW PROCEDURES
* * *
ARTICLE VI DESIGN REVIEW PROCEDURES
* * *
Sec. 118-252. -Applicability and exemptions.
(a) Applicability.
(1) All building permits for new construction, public interior areas, interior areas that face a
street or sidewalk, demolitions and wrecking, alterations, or additions to existing
buildings, including fences, parking lots, walls and signs, whether new or change of
copy, and exterior surface finishes and materials, shall be subject to review under the
design review procedures except as provided in subsection (b) of this section. No
building permit shall be issued without the written approval by the design review board or
staff as provided for in these regulations.
(2) Except for stormwater pump stations and related apparatus installed by the City, all All
public improvements upon public rights-of-way and easements shall be reviewed by the
Design Review Board. For purposes hereof, public improvements shall include, met
be limited to, structures, streetscape projects, street improvements or redesign,
modifications to street lighting or signage, landscaping projects, medians, master
screening plans for stormwater pump stations and related apparatus, and above
ground utilities; provided, however, that public improvements shall exclude not include
routine maintenance,and utility repair work..-, and stormwater pump stations and related
apparatus installed by the City.
(3) The review and approval of all new single family home construction, in accordance with
subsection 142-105(d)(7).
(b) Exemptions. Exemptions to these regulations include all of the following provided no new
construction or additions to existing buildings are required:
(1) All permits for plumbing, heating, air conditioning, elevators, fire alarms and
extinguishing equipment, and all other mechanical and electrical equipment when such
work is entirely within the interior of the building, excluding public interior areas and
interior areas that face a street or sidewalk; however, the planning director may approve
such building permit applications for minor work on the exterior of buildings.
(2) Any permit necessary for the compliance with a lawful order of the building official, fire
marshal or public works director related to the immediate public health or safety.
(3) All single-family dwellings are exempt from the design review regulations, with the
exception of exterior surface color samples and finishes, and the review and approval of
all new single family home construction in accordance with subsection 142-105(d)(7).
However, all building permits for new construction, alterations or additions to existing
structures shall be subject to compliance with section 142-105, and all demolition
permits must be signed by the planning director, or designee.
(4) All properties located within designated historic districts and designated historic sites.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
•
SECTION 5. EFFECTIVE`DATE. .
This Ordinance shall take effect ten days following adoption:
• PASSED and ADOPTED this 2 day of. 2015.
// :. - '
■
Philip Levine,/.1
-. ATTEST: .�„„......„ ,/ . , .. . .
2s. if `V' .'-,,"44,,,,�
Raf el E. , i y CI rk �Q..,,..•••.. „,,
s”`∎. V '•. i APPROVED AS TO
i .�,''"'•■"• ",, ORM AND LANGUAGE
i ':INOORP ='' ED: % ' OR EXECUTION
��% *\11141110. ..--_: . (--, G- u - (5
44,7 '' \4/f City Attorney Date
First Reading: June 10, 2015 �����K `�����' '! r,`
Second Reading: July 8, 20 5
A -
, ,, ,Verified by (Uff - ii . . ' .
Thomas R. M•oney, A P
Planning Director _
,L
Underscore denotes new language
- denotes deleted language
•
•
T:WGENDA\2015\July\PLANNING\DRB Powers Pump Station Exclusion-2nd Reading ORD.docx
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance pertaining to DRB review of storm water pump stations and screening.
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character. Increase satisfaction with development and
growth management across the City.
Supporting Data(Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summary/Recommendation:
SECOND READING—PUBLIC HEARING
The proposed Ordinance would create an exemption from DRB review for storm water pump stations
and require DRB review for a master screening plan.
On June 10, 2015, the City Commission approved the proposed Ordinance at First Reading and
scheduled a Second Reading Public Hearing for July 8, 2015.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On June 23, 2015, the Planning Board (vote of 3-3), transmitted the subject Ordinance to the City
Commission with an unfavorable recommendation. (Planning Board File No. 2272).
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
A►epartment ►ire t r Assistan ity Manager 1 ity Manager
T:\AGENDA\2015\July\PLAN I ING\DRB Powers Pump Station 'xclusion-2nd Reading ' •ocx
IAMI BEACH AGENDA ITEM RS
DATE 7 g I S
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
MEMO# COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City C. mission
FROM: Jimmy L. Morales, City Manager `■
DATE: July 8, 2015 SEC ND READING - PUBLIC HEARING
SUBJECT: STORM WATER PUMP STATION — DRB EXEMPTION
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR'S) OF THE CITY CODE, AT CHAPTER 118, ENTITLED
"ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE VI "DESIGN REVIEW
PROCEDURES, BY MODIFYING SECTION 118-252, ENTITLED "APPLICABILITY
AND EXEMPTIONS" TO EXCLUDE FROM DESIGN REVIEW BOARD REVIEW
CITY APPLICATIONS RELATING TO STORMWATER PUMP STATIONS;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On June 10, 2015, at the request of Mayor Levine, the City Commission referred the attached
Ordinance amendment (Item R5P) to the Planning Board. At the same meeting, the City
Commission also approved the attached Ordinance on First Reading.
INTRODUCTION
On June 9, 2010, the City of Miami Beach (City) authorized CDM Smith Inc. (CDM Smith) to
develop a City-wide Comprehensive Stormwater Management Master Plan (SWMMP) in order
to evaluate and update its stormwater management practices, infrastructure, funding, and
regulatory policies. Miami Beach is one of 16 municipalities that entered into an Interlocal
Agreement (ILA) with Miami- Dade County in 1993 (subsequently 17 additional municipalities
have also entered an ILA with Miami- Dade County), authorizing Miami-Dade County to be the
lead permittee in submitting a National Pollutant Discharge Elimination System (NPDES)
Stormwater Permit Application, which was required by federal law. One condition of the ILA
requires the City of Miami Beach to develop a SWMMP that is consistent with Miami-Dade
County's Master Plan.
The SWMMP is intended to be a guide for improving the City's stormwater management system
flood control and water quality performance for the next 20 years, with considerations of
potential sea level change (SLC) over 20-years of stormwater infrastructure and a 50-year
Commission Memorandum
DRB Storm Water Pumps Exemption
July 8, 2015 Page 2 of 4
planning horizon for sea wall heights. SLC, to the extent it occurs, will worsen flooding potential
in the City by raising the tide levels and water table and by making it more difficult to discharge
stormwater out of the area. The SWMMP provides a preliminary schedule of prioritized capital
improvements necessary to allow the City's stormwater systems to: meet the increasing
performance and regulatory demands, modernize existing systems for both flood control and
water quality, and maintain the City-desired flood control level of service (LOS).
The City is a highly urbanized coastal community located in southeast Florida and is a major
economic resource to the region. Bounded by the Atlantic Ocean and the environmentally
sensitive Biscayne Bay Aquatic Preserve, which is also an Outstanding Florida Water (OFW)
requiring strict environmental protection, the study area covers approximately 4,200 acres. The
City has relatively low-lying land that is intersected by intracoastal waterways with limited natural
storage and large areas of re-development. The subtropical climate entails high-intensity rainfall
and significant tidal influence, and
The above factors all contribute to historical and potential future severe rainfall and tidal
flooding. In the SWMMP, the City evaluated project areas to determine the level of
infrastructure improvements necessary to meet the City's established Level of Service for the
statistically calculated once-in-5-year storm. The City selected a tiered Best Management
Practice (BMP) treatment train approach was used to identify the most effective solutions for
each project area and to identify opportunities for flood control, water quality, aquifer recharge,
and stormwater harvesting and irrigation use, which approach was incrementally formulated
from the simplest tier 1 (e.g., back flow preventers) through the most complex and costly tier 4
(e.g., underground storage), and bundled together to determine the economic feasibility of
proposed infrastructure improvements.
Due to the anticipated significant capital investment and stringent permitting to discharge into
Biscayne Bay, the tiered approach will allow the City to proceed with specific elements of the
BMP treatment train as economic conditions permit, which would allow for future addition of
tiers to ultimately meet the full 5-year LOS while monitoring and adjusting to sea-level rise
conditions.
The prompt and swift installation of the City's Stormwater pumping stations is necessary for the
health, safety and welfare, and installation is anticipated to cost the City over $196 - $206
million in capital improvements. The City has taken a strong leadership roll relating to flooding
and climate control. Due to the increase in flooding in the City due to Climate Control and the
resulting "king" tides that cause tremendous damage to the City's roads, infrastructure and to
private property, the City is proceeding with implementing its SWMMP including, by installing
major gravitational pumps and manual pumps throughout the City to ensure that during a high-
tide event, the City can keep the streets and private property from unduly flooding.
CURRENT STATUS,
The City has six stormwater pump stations completed, currently connected to ouffall pipes and
operating at full capacity. In addition:
• There are four pump stations that are in the construction phase that will become fully
operational in the next couple of months.
• There are an additional twelve pump stations that are in design phase that will be
Commission Memorandum
DRB Storm Water Pumps Exemption
July 8, 2015 Page 3 of 4
constructed next year.
• FDOT has four stormwater pump stations in the construction phase that will become fully
operational within the next three months.
• The City has ten pump station that were constructed in the last few years, utilizing well
injection systems that will be modified in order to utilize outfall pipes and bring them to
full pumping capacity.
The stormwater plan is to add approximately fifty new pump station over the next three to five
years in order to complete the program.
The City has retained the services of an architect to assist in developing methods to screen and
create approximately three different concepts using landscaping, architecture screening walls
and modification of construction practices for electrical panels to reduce the visual impact of
these stormwater pump stations. The development of these approaches are anticipated to be
completed within the next three months.
ANALYSIS
Due to the increase in flooding in the City due to Climate Change and the resulting "king" tides
that cause tremendous damage to the City's roads, infrastructure and to private property, the
City is proceeding with implementing its Stormwater Management Master Plan (MSWMMP)
including, by installing major gravitational pumps and manual pumps throughout the City to
ensure that during a high-tide event, the City can keep the streets and private property from
unduly flooding.
Currently, Section 118-252 of the Land Development Regulations provides that the Design
Review Board is to review all above ground public works improvements within the City's rights-
of-way or on City property. To ensure the prompt and uniform installation of the necessary
pumps, in the locations needed by the City, the City desires to amend its land development
code in order to exempt review of the locations and design of such pumps from the Design
Review Board, as such review would delay the installation of the pumps and would cost the City
additional funds that have not been anticipated, as well as possibly interfere with the proper
location and function of the necessary public improvements.
Although the attached Ordinance would exempt from DRB review the actual pump stations, the
screening of such pump stations would still require the review and approval of the DRB under a
Citywide Master Plan Design Review approval for pump stations located outside of the
boundaries of a local historic district.
PLANNING BOARD REVIEW
On June 23, 2015, the Planning Board (by a 3-3 vote) transmitted the proposed Ordinance to
the City Commission with an unfavorable recommendation.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions," this
shall confirm that the City Administration evaluated the long term economic impact (at least 5
years) of this proposed legislative action. The proposed Ordinance is not expected to have a
negative fiscal impact upon the City. The ordinance modification will reduce the City's costs in
implementing the SWMMP and allow for the pump stations to be installed without delay. As a
Commission Memorandum
ORB Storm Water Pumps Exemption
July 8, 2015 Page 4 of 4
result, the City will not suffer delays construction contract delays, nor require the City to expend
funds on additional surveys, and filing fees relating to a public hearing application.
SUMMARY
On June 10, 2015, the City Commission approved the subject Ordinance at First Reading. The
Commission also modified the Ordinance to require DRB approval of a master screening plan
for future pump stations located outside of local historic districts. The text for this revision is
included in the revised Ordinance for Second Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM
T:\AGENDA\2015\July\PLANNING\DRB Powers Pump Station Exclusion-2nd Reading MEM.docx
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