R5P-Exclude From DRB Review Stormwater Pump Stations Applications -Levine-.D
:F
To:Mayor Philip Levine
Members of the City Commission
Jimmy Morales, City Manager
June 10,2015
COMMISSION MEMORANDUM
Date:
From:Raut Aguita, City Attor ^"€l-LC",
(*
Subject: AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATTONS (LDR',S) OF THE CITY CODE, AT CHAPTER 118, ENTITLED
..ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE V! "DESIGN
REVIEW PROCEDURES, BY MODIFYING SECTION 118.252, ENTITLED
..APPLIGABILITY AND EXEMPTIONS" TO EXCLUDE FROM DESIGN
REVIEW BOARD REVIEW G!ry APPLIGATIONS RELATING TO
STORMWATER PUMP STATIONS; PROVIDING FOR GODIFIGATION,
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
lntroduction
On June 9, 2010, the City of Miami Beach (City) authorized CDM Smith lnc.
(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 lnterlocal Agreement (lLA) with Miami- Dade County in 1993
(subsequently 17 additional municipalities have also entered an lLAwith 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 S0-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. The SWMMP
Agenda ttem RSP
Date 6-{O-tf503
Pumping Stations Exemption
Memorandum
June 10,2015
Page 2 of3
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
approximalely 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. ln 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.9., back flow
preventers) through the most complex and costly tier 4 (e.9., 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 S-year LOS while
monitoring and adjusting tosea- 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
504
Pumping Stations Exemption
Memorandum
June 10,2015
Page 3 of3
keep the streets and private property from unduly flooding.
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. 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.
Fiscal lmpact:
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 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.
Recommendation:
Approve the amendment.
F:\ATTO\BOUE\Memos\Seawall towing ordinance city commission memorandum.docx
505
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATTONS (LDR',S) OF THE CtTy 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 CIry 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 generalwelfare of its citizens; and
WHEREAS, on June 9,2010, the City of Miami Beach (City) authorized CDM
Smith lnc. (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
lnterlocal Agreement (lLA) with Miami- Dade County in 1993 (subsequently 17
additional municipalities have also entered an lLA 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; and
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 2O-years of
stormwater infrastructure and a S0-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;
and
WHEREAS, the SWMMP provides a preliminary schedule of prioritized capita!
improvements necessary to allow the City's stormwater systems to: meet the increasing
performance and regulatory demands, modernize existing systems for both flood control
506
and water quality, and maintain the City-desired flood control level of service (LOS); and
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 watenruays 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 tidalflooding; 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-S-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.9., back flow preventers) through
the most complex and costly tier 4 (e.9., 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 S-year
LOS while monitoring and adjusting tosea- level rise conditions; and
WHEREAS, the prompt, and swift installation of the City's Stormwater pumping
stations are necessary for the health, safety and welfare, and installation is anticipated
to cost the City over $196 - $206 million in capital improvements; and
507
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 propefi, 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 hightide 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 Vl "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
***
508
Sec. 118-252. - Applicabilitv 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 installed bv the Citv. aAll public
improvements upon public rights-of-way and easements shall be reviewed bv the
Desiqn Review Board. For purposes hereof, public improvements shall include,
but not be limited to, structures, streetscape projects, street improvements or
redesign, modifications to street lighting or signage, landscaping projects,
medians, and above ground utilities; however, public improvements shall exclude
routine maintenance and utility repair work. Public improvements shall not
include stormwater pump stations.
(3) The review and approval of all new single family home construction, in
accordance with subsection 142-105(dX7).
(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 laMul 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(dX7). 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.
509
(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.
lf 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 shalltake effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
,2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
First Reading:
Second Reading:
APPROVED AS TO
FORM AND LANGUAGE
2015
,2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+i*et+reugh denotes deleted lang uage
[Sponsored by Mayor Philip Levine]
F :\ATTO\BOU E\Ordinances\DRB Powers Pump Station Exclusion ordi nance.docx
510