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HomeMy WebLinkAboutOrdinance 2023-598ORDINANCE NO. 2023 - S41 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING THE COASTAL MANAGEMENT ELEMENT AND FUTURE LAND USE ELEMENT OF THE ADOPTED CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN PURSUANT TO THE EVALUATION AND APPRAISAL OF THE COMPREHENSIVE PLAN; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to F.S. 163.3191(1), at least once every 7 years ("Evaluation and Appraisal Cycle"), each local government shall evaluate its comprehensive plan to determine if plan amendments are necessary to reflect changes in state requirements in Part II of Chapter 163, Florida Statutes, since the last update of the local government's comprehensive plan, and notify the state land planning agency as to its determination; and WHEREAS, in accordance with F.S. 163.3191(1), in December 2021, the City of Sunny Isles Beach ("City") submitted a letter to the state land planning agency providing its evaluation and appraisal of its comprehensive plan ("Evaluation and Appraisal Determination Letter"); and WHEREAS, the evaluation and appraisal determined that the City is required to amend its coastal management element to comply with Chapter 2015-69, Section 1, Laws of Florida, as found in F.S. 163.3178(2)(f); and WHEREAS, F.S. 163.3178(2)(f) requires that each coastal management element address several redevelopment principles intended to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise; and WHEREAS, F.S. 163.3177 requires that the Future Land Use Element map, or map series, show the coastal high hazard area; and WHEREAS, in light of the City's determination that amendments to its comprehensive plan are necessary to reflect changes in the aforementioned state requirements, the City is required to prepare and transit such plan amendments for review in accordance with F.S. 163.3191(2) and F.S. 163.3184; and WHEREAS, the City Commission, sitting as the Local planning Agency, held a duly noticed public hearing on September 15, 2022, and recommended adoption of this Ordinance; and WHEREAS, the City Commission, after a duly noticed hearing on September 15, 2022, adopted this Ordinance on first reading, and further authorized its transmittal to the appropriate state agencies; and WHEREAS, adoption of this Ordinance together with the adoption of a new Property Rights Element completes the City's obligations under F.S. 163.3191 for the current Evaluation and Appraisal Cycle pursuant to the City's revised Evaluation and Appraisal Determination Letter. 1018 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this Ordinance upon adoption hereof. Section 2. Amendment. The coastal management element and future land use element of the City's adopted comprehensive plan are hereby amended pursuant to Exhibit "A," attached hereto and made a part hereof. Section 3. Transmittal. The City Commission hereby directs the City Manager to transmit the amendment to the State Land Planning Agency pursuant to F.S. 163.3184. Section 4. Authorization of City Manager. The City Manager is hereby authorized to take all actions necessary to implement the terms and conditions of this Ordinance. Section 5. Effective Date. This Ordinance, including the comprehensive plan amendment, shall take effect 31 days after the State Land Planning Agency issues its notice of intent to find that the plan amendment is in compliance with the Community Planning Act, unless timely challenged pursuant to F.S. 163.3184(5), in which case the Ordinance shall take effect on the date the State Land Planning Agency or the Administrative Commission enters a final order determining the adopted amendment to be in compliance. ATTEST: PASSED AND ADOPTED on first reading this LE�t day of J0ft2022. PASSED AND ADOPTED on second reading this d f� 2023. Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Mauric4 Betancur, CPC, City Clerk Valerie Vicente, City Attorney 2o18 First Reading Second Reading Motion: �Ql��'I(2- �� Motion: a Second:&M,,�5efyiee. � A -Irl— Second:&U/�se-hi��oZ,4" Vote on First Reading: Mayor Goldman t (Yes) (No) Vice Mayor Viscarra Yes) (No) Commissioner Joseph J (Yes) (No) Commissioner Lama ((Yes) (No) Commissioner Stuyvesant ✓ (Yes) (No) Vote on Second Reading: Mayor SvechinYes) (No) Vice Mayor Joseph�Yes) (No) Commissioner Lama ZYes) -7 (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra -/(Yes) (No) 3o18 z EXHIBIT "A" 5 Future Land Use Element 7 [The Future Land Use Element Map Series is hereby amended to include the following map] Underlined text is added and stricken text is deleted 4o18 1 2 Coastal Management Element 3 4 Definitions 5 Building code means the Florida Building Code with Miami -Dade County Amendments. 6 7 Coastal high hazard area (CHHA) means those lands that are below the elevation of the 8 Category 1 storm surge line as established by a Sea, Lake and Overland Surges from 9 Hurricanes (SLOSH) computerized storm surge model. 10 11 Floodplain management ordinance means the regulations and procedures in Chapter 161, 12 "Flood Damage Prevention," of the City of Sunny Isles Beach Code of Ordinances. 13 14 Low -impact development (LID) is defined as an ecologically -based stormwater 15 management approach favoring soft engineering to manage rainfall on site through a 16 vegetated treatment network (University of Arkansas Community Design Center, 2010). 17 18 Repetitive loss property means any insurable building for which two or more claims of 19 more than $1,000 were paid by the National Flood Insurance Program (NFIP) within any 20 rolling 10 -year period, since 1978, whether or not currently insured by the NFIP. 21 22 Special flood hazard area (SFHA) means an area in the floodplain subject to a one percent 23 or greater chance of flooding in any given year. Special flood hazard areas are shown on 24 Flood Insurance Rate Maps (FIRMS) as Zone A, A0, Al -A30, AE, A99, AH, V1 -V30, VE or 25 V. I F V 28 Coastal Management Goal 29 PROVIDE FORTH CONSERVATION, ENVIRONMENTALLY SOUND USE AND PROTECTION OF 30 ALL NATURAL AND HISTORIC RESOURCES; LIMIT PUBLIC EXPENDITURES IN AREAS SUBJECT 31 TO DESTRUCTION BY NATURAL DISASTERS; AND PROTECT HUMAN LIFE AND PROPERTY IN 32 THE CITY 33 34 35 • , 36 37 Assist the County to maintain or reduce the existing time period of 24 hours required 38 to complete the evacuation of people from flood vulnerable Coastal Areas. 39 Policies 40 6A. Coordinate with other adjacent municipal jurisdictions, including the Village of Bal 41 Harbour, the Town of Golden Beach, the City of North Miami Beach, and the City of 42 Aventura to maintain an updated, coordinated hurricane evacuation plan for the 43 City of Sunny Isles Beach. Underlined text is added and -#roc-kPP text is deleted 5o18 1 2 6B. Participate with Miami -Dade County to annually review and update the hurricane 3 evacuation procedure section of its Emergency Operations Plan (E.O.P.). (see Policy 4 12C, Transportation Element) 5 6 6C. The City shall coordinate public education programs with Miami -Dade County to 7 notify households and operators of hotels, apartment hotels, motels or time-share 8 apartments in flood vulnerable Coastal Areas of their need to evacuate and seek 9 safe shelter in the event of a hurricane. The public education program should also 10 disseminate emergency preparedness information. Emergency information shall be 11 printed in the community interest section of the telephone book. 12 13 6D. The City shall encourage its residents to be better prepared and more self-reliant in 14 the event of a hurricane, including planning ahead for early evacuation and 15 sheltering with family or friends living outside evacuation areas. 16 17 6E. The City shall establish and maintain mutual aid agreements and contracts that 18 would facilitate and expedite post -disaster emergency response and recovery. 19 20 6F. If any update of the hurricane evacuation study shows an increase or projected 21 expansion in the time required to safely clear the roadways in and from areas 22 subject to coastal flooding, measures shall be undertaken to maintain the existing 23 evacuation time period of 24 hours. To the extent that measures within the City will 24 help maintain evacuation time, they may include: 25 26 a. programming transportation improvements to increase the capacity of 27 evacuation routes; 28 b. eliminate congestion at critical links and intersections; 29 c. adjust traffic signalization or use directional signage; 30 d. public information programs; or 31 e. amendments to the Future Land Use Plan Map to reduce evacuation 32 volumes via permitted land uses and use intensities. 33 34 6G. Mobile homes parks, sites that provide hookup facilities to mobile homes, or the 35 location of mobile homes as accessory dwelling units on private properties shall 36 not be allowed within the City. This does not include the storage of an unoccupied 37 mobile home on a private property consistent with all other City code and 38 requirements. 39 40 6H. The City shall maintain and annually update a listing of people with special needs 41 to plan for the mobilization required to safely evacuate and shelter those who may 42 need assistance due to physical or medical limitations. 43 44 61. New hospitals, nursing homes and assisted living facilities shall not be permitted 45 within the coastal high hazard area. 46 47 61J. The City shall coordinate with the Metro -Dade Transit Agency, and any hotels that 48 may use buses for evacuation to allocate sufficient transit capacity to safely 49 evacuate the City's households that do not have autos, or persons otherwise 50 unable to evacuate by private automobile. 51 Underlined text is added and stFiekeR text is deleted 6o18 1 6JK. Trees susceptible to damage by sustained tropical storm force winds (39 knots) 2 shall be removed from the rights-of-way of evacuation routes and replaced with 3 suitable, preferably native, species. To strengthen trees planted along roadways 4 and reduce future breakage and blow downs, the City shall implement an ongoing 5 tree maintenance program of regular trimming and fertilizing. This Policy will be 6 implemented in conjunction with Objective 9, Policy 9A, Policy 9D, and Policy 12F 7 of the Transportation Element. 8 9 10 [NEW CHHA MAP] 11 Underlined text is added and stFic text is deleted 7o18 GeoEye, js GeoEye, 1 2 3 AVENTURA c �• (AVENTURA Underlined text is added and seri text is deleted Zone VE a� U O U C ro Q AE _ LEGEND Zone AE _ Base Flood Elevation Determined (EL: B) Zone VE _ Coastal Flood with Velocity Hazard (Wave Action); Base Flood Bevations Determined (EL. 14) L....... - Flood Zone Boundary ® - Beaches ® Coastal High Hazard Area (CHHA) Category 1 Hurricane Evacuation Area Source: Comprehensive Development Master Plan Metro -Dade County, Florida, 1997 GIS Coverages Metropolitan -Dade County, Florida, 1998 Flood\Fd Ez %� CEACH CPLAN Luff CONSULTING. INC. THE CHESAPEAKE GROUP, INC. L NORTH MERIDIAN D 9 018 Zone AE 192nd St t Ter 191r�iWh I m co a m 186Ih St •• O' SUNNY ast„. i3 / ISLES 183rd S BEACH- :� / Q ® o 4 � tnah 4• ; � .,ass �t�r .%• 1 174th -� ................NdSt aCH 1 ,m ;r :Z I Zone AE I°:aaaaaasao Sunny Isles Beach Blvd 96 •...0•::9......... N TH o Aa IAMI ••a„dC a . Zone AE Dr. 159 SD 1, . . � .1• ..Po.M ...... •. •fib • Bayview Dr (158 St) ...... Zone AE 311 ' MIAMI-RADE COUNTY Underlined text is added and seri text is deleted Zone VE a� U O U C ro Q AE _ LEGEND Zone AE _ Base Flood Elevation Determined (EL: B) Zone VE _ Coastal Flood with Velocity Hazard (Wave Action); Base Flood Bevations Determined (EL. 14) L....... - Flood Zone Boundary ® - Beaches ® Coastal High Hazard Area (CHHA) Category 1 Hurricane Evacuation Area Source: Comprehensive Development Master Plan Metro -Dade County, Florida, 1997 GIS Coverages Metropolitan -Dade County, Florida, 1998 Flood\Fd Ez %� CEACH CPLAN Luff CONSULTING. INC. THE CHESAPEAKE GROUP, INC. L NORTH MERIDIAN D 9 018 1 2 3 4 5 6 Reduce the exposure of life and property in the City to hurricanes and flooding 7 exacerbated by sea level rise through the planning and implementation of pre -disaster 8 hazard mitigation measures. Pre -disaster planning for post -disaster redevelopment shall 9 direct population concentrations away from the undeveloped designated coastal high 10 hazard areas and away from identified high-risk areas during post -disaster redevelopment. 11 Policies 12 7A. The City shall prepare a Post -Disaster Redevelopment Plan for incorporation into 13 the existing Miami Dade County Hazard Mitigation Plan to provide comprehensive 14 pre -disaster planning for pre- and post -disaster activities, development, and 15 redevelopment. The plan shall consider the projected impacts of sea level rise in 16 both pre -disaster planning and post -disaster redevelopment strategies. 17 18 7B. The City shall continue to participate with the Miami -Dade County Local Mitigation 19 Strategy�LMA . During pre -disaster planning, hazard mitigation information shall be 20 provided to the County. 21 22 7C. Prior to post -disaster redevelopment, sources of funds to reconstruct, relocate, or 23 construct new public buildings and infrastructure, eensisteRt with Peliey 9F shall be 24 identified by the County to support and expedite the demands generated by post - 25 disaster reconstruction. 26 27 28 • t 30 During post -disaster recovery and redevelopment, the City shall cooperate with the 31 County to implement the County's Hazard Mitigation and Post -Disaster Redevelopment 32 Plan and applicable CDMP policies to assist with recovery and hazard mitigation measures 33 that reduce the potential for future loss of life and property. 34 Policies 35 8A. The current Miami -Dade County Hurricane Procedures Plan shall be modified to 36 comply with the policies under this objective, and shall contain step-by-step details 37 for post -disaster recovery operations. 38 39 8B. After a hurricane but prior to re-entry of the population into evacuated areas, the 40 City Commission shall meet to hear preliminary damage assessments, appoint a 41 Recovery Task Force and consider a temporary moratorium on building activities not 42 necessary for the public health, safety and welfare. 43 44 8C. The Recovery Task Force shall include the City Manager, Building Official, Emergency 45 Management Director (Police Dept.), Director of Community Planning and 46 Development, Public Works Director, and other City staff members as directed by 47 the City Commission. The departments whose directors sit on the Task Force shall Underlined text is added and stFiekeR text is deleted 10o18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 provide staff. The Task Force shall be terminated after implementing its Responsibility under Policy 8F. 8D. The Recovery Task Force shall review and decide upon emergency building permits; coordinate with Miami -Dade County, State and Federal Officials to prepare disaster assistance applications; analyze and recommend to the City Commission hazard mitigation options including reconstruction or relocation of damaged public facilities; develop a redevelopment plan consistent with the Comprehensive Plan, and recommend amendments to the Comprehensive Plan if needed, Hurricane Procedure Plan and other appropriate policies and procedures. 8E. Immediate repair and clean-up actions needed to protect the public health and safety include repairs to potable water, wastewater and power facilities; removal of building and or vegetative debris; stabilization or removal of structures about to collapse; and minimal repairs to make dwellings habitable such as minor roof repairs and other weatherproofing/security measures. These actions shall receive first priority in permitting decisions. Long-term redevelopment activities shall be postponed until the Recovery Task Force has completed its tasks. 8F. The Recovery Task Force shall propose comprehensive plan amendments that reflect the recommendations in any interagency hazard mitigation reports or other reports prepared pursuant to Section 406 of the Disaster Relief Act of 1974 (PL93- 288). 8G. If rebuilt, structures, which suffer damage in excess of fifty (50) percent of their appraised value, shall be rebuilt to meet all current requirements, including but not limited to requirements in the building code, floodplain management ordinance and land development regulations these enacted since construction of the structure. 8H. Structures which suffer recurring damage to pilings, foundations or load bearing walls shall be required to rebuild landward of the current location, to modify the structure, to structurally enhance the structure, institute other mitigation measures or delete the areas most prone to damage. 81. Repair or reconstruction of the existing seawalls at Sunny Isles Beach must be accompanied by beach fill. 8J. Following a natural disaster and prior to the implementation of long-term redevelopment, the City shall do the following: Based upon the damage assessment report prepared by the Miami -Dade Public Works Department, the City shall consult its Public Works officials and consultant engineer to evaluate options for damaged public facilities including abandonment, repair in place, relocation, and repair with structural modification, to determine the most strategic approach to long term development. All long-term redevelopment of damaged public facilities within the coastal high hazard area, and areas the City determines are most at risk from the impacts of projected sea level rise, shall include retrofitting or relocation out of such area. The evaluation shall include but not be limited to issues pertaining to damage caused by natural disaster, the impacts of projected sea level rise, cost to construct repairs, cost to relocate, cost to structurally modify, limitations of right- of-way, and maintenance costs. Underlined text is added and stFicken text is deleted 11 018 1 8K. Structures existing within the coastal high hazard area lr� and special flood 2 hazard area-+,�+Ek�that suffer recurring damage (damage in excess of 50% of current 3 replacement cost of construction), shall be modified in accordance with the most 4 recent building cCode requirements. This may include, but is not 5 limited to, retrofitting, elevating, storm -proofing and other structural upgrades to 6 structures. 7 8 8L. The physical Post Disaster Redevelopment Plan is to cause redevelopment of the 9 City in accordance with the Comprehensive Plan. The operational Post Disaster Plan 10 will be reviewed and updated annually prior to each hurricane season. 11 12 8M. The City shall utilize the following criteria to distinguish between immediate repair 13 and clean up actions and long-term redevelopment subsequent to a natural 14 disaster: 15 16 a. Potable Water Facilities - Immediate repair shall include implementation of 17 necessary actions including but not limited to repairing or replacing water lines 18 and pumping facilities to insure a closed system, proper disinfections, and 19 sufficient pressure to meet demands for fire flow and domestic water for 20 consumption purposes only, the utilization of auxiliary pumps and electrical 21 generators. 22 23 Long-term redevelopment shall include the measures in Policy 9G. to increase 24 resilience against flooding, and implementation of the necessary actions to return 25 the City's water distribution system to at least its condition prior to the onset of 26 natural disaster. This may include relocation of facilities, elevating, retrofitting, 27 storm proofing and other structural upgrading.__ 28 29 b. Wastewater Facilities - Immediate repair shall include implementation of 30 necessary actions including but not limited to repairing or replacing wastewater 31 lines and pumping facilities, utilization of auxiliary pumps and electrical 32 generators, methods to remove and treat raw sewage to avoid discharge of raw 33 sewage into adjacent water bodies and onto land. 34 35 Long term redevelopment shall include the measures in Policy 9G. to increase 36 resilience against flooding, and implementation of necessary actions 37 to return the City's sanitary sewer system to at least its condition prior to the onset 38 of natural disaster. This may include relocation of facilities, elevating, retrofitting, 39 storm proofing and other structural upgrading. 40 41 c. Drainage Facilities - Immediate repair shall include implementation of necessary 42 actions, including but not limited to the removal of sand and debris from drainage 43 structures, pumping of storm waters, utilization of temporary electrical 44 generators to insure function of the system to address potential flooding. 45 46 Long-term redevelopment shall consider the impacts of projected sea level rise 47 and shall include implementation of actions necessary to return the City's storm 48 water system to at least its condition prior to the onset of natural disaster. This 49 may include relocation of facilities, retrofitting, storm proofing and other 50 structural upgrading. 51 Underlined text is added and str*c-PPP text is deleted 12o18 1 2 d. Roadway Facilities - Immediate repair shall include as primary actions, but not be 3 limited to, removal of sand and debris from State Road AIA (Collins Avenue), 163 4 Street (Sunny Isles Boulevard) and 192nd Street (Lehman Causeway) and needed 5 stabilization to allow access for emergency vehicles. 6 7 Secondary actions shall include removal of sand and debris from local roadways 8 to facilitate access for emergency vehicles. 9 10 Long-term redevelopment shall include coordination with the Florida Department 11 of Economic Development Community Affairs Division of Emergency 12 Management, De1^aFtment,—Department of Transportation (FDOT), Miami -Dade 13 County, and private property owners to accomplish necessary actions to restore 14 the City's roadway system (public and private) respectively to at least their 15 condition prior to the onset of natural disaster, with due consideration given to 16 the impacts of projected sea level rise. This may include relocation of facilities, 17 elevating, retrofitting, storm proofing and other structural upgrading. 18 19 e. Bridges - Immediate repair shall include coordination with the FDOT, federal 20 government, and Miami -Dade County to ensure the operation of at least one 21 bridge to facilitate access to the City. 22 23 Long-term redevelopment shall include coordination with FDOT to restore 24 damaged bridges to at least their condition prior to the onset of natural disaster, 25 with due consideration given to the impacts of projected sea level rise. This may 26 include relocation of facilities, elevating, retrofitting, storm proofing, and other 27 structural upgrading 28 29 30 f. Habitable Structures - Immediate repair shall include removal of debris and 31 vegetation, stabilization or removal of structures about to collapse and minimal 32 repairs to make dwellings and other structures habitable, such as minor roofing 33 repairs and other weatherproofing/ security measures. In these instances, 34 building permits shall not be necessary prior to performing the work but 35 retroactive permits shall be required in accordance with the provisions set for the 36 in Ordinance No. 92-99 of Miami -Dade County, Florida. 37 38 Long-term redevelopment activities shall include normal construction activities 39 for rebuilding and/or substantial structural repairs in accordance with the Seth 40 Pier da Bbuilding cCode and other limitations contained with to—this City's 41 cOomprehensive pRlan and City 16and dBevelopment r -Regulations. For 42 reconstruction in the coastal high hazard area, repetitive loss properties and areas 43 the City deems most vulnerable to the impacts of sea level rise, consideration shall 44 be given to measures that reduce flooding potential, including relocation, 45 acquisition, elevating, and retrofitting. 46 47 8N. The process for making long-term redevelopment decisions in post disaster periods 48 shall be consistent with the following general guidelines and principles for the 49 relocation, removal or modification of damaged structures. 50 51 a) The City adopts the following definitions for making decisions pertaining to Underlined text is added and stricken text is deleted 13o18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 S1 redevelopment in the coastal high hazard area (CHHA), on repetitive loss properties and properties the City deem are most vulnerable to the impacts of protected sea level rise. Based upon the following definitions, all rebuilding activities shall be subject to Coastal Construction Code Standards and CHHA limitations: 1. «Repair" means the restoration of a portion of the structure, including the foundation of the structure, to its original design configuration or an equivalent structural standard. Repair of a structure assumes that a significant portion of the structure, including its foundations, remains intact. If the supported structure or its foundation has collapsed to the point that either the supported structure or the foundation requires substantial rebuilding, then such activity shall not constitute repair. If a structure, as a result of damage to either the supported structure or the foundation, is no longer habitable, such structure shall be presumed to require substantial rebuilding. 2. "Rebuilding" means any construction activity including alteration of an existing foundation, which would result in increased structural stability such that the survivability of the structure during a coastal storm is increased. Rebuilding shall also include any construction activity which, as noted above, involves the substantial rebuilding of either the supported structure or the foundation of the structure. b) Rebuilding (as defined above) activities will be in accordance with DEP's requirements for development seaward of the cGoastal cConstruction Ccontrol dine, and all structural requirements of the South Plerida b -Building cCode. Further, prior to approving such redevelopment activities, the City shall require the applicant to provide documentation that the structure being built is as landward as possible from the FEMA V -Zone and cCoastal cConstruction control line. 80. The City shall maintain a contingency fund equal to 25 percent of the value of public facilities in the CHHA in order to cover the local government's match for disaster assistance grants. 8P. The City shall identify land and structures in the CHHA, repetitive loss properties and properties the City deems to be most at risk from the impact of projected sea level riser inventory their assessed value, judge the utility of the land for public use and make recommendations for acquisition when post -disaster opportunities arise. Because of the extremely high land and existing structure costs in the City, should the acquisition opportunities arise, the City will explore funding options such as grants and/or loans. 8Q. When undertaking post -disaster redevelopment activities, development permits may be waived for short term recovery measures such as: emergency repairs to streets, water, electricity or other utilities to restore service; removal of debris; and public assistance matters including temporary shelter or housing. 8R. Repair and Clean Up. In planning post -disaster redevelopment activities, factors to be considered in order to protect the public health and safety shall include: Underlined text is added and stric*en text is deleted 14o18 1 2 a. Repairs to potable water, wastewater and power facilities. 3 b. Removal of debris. 4 c. Stabilization or removal of structures in a perilous condition. 5 d. Minimal repairs to make structures habitable. 6 7 These considerations shall receive first priority in determining the appropriateness 8 of emergency building permits. Long-term redevelopment activities shall be 9 postponed until the Recovery Task Force has coordinated immediate repair and 10 clean-up operations. 11 12 8S. Permitting Decision Priorities. Immediate recovery actions needed to protect the 13 public health and safety shall take priority in permitting decisions following 14 hurricane orother storm events or other natural disasters. Such priority actions will 15 include, but not be limited to: debris removal; roadway and infrastructure repair; 16 water use restrictions, if necessary; access restrictions, if required to protect lives 17 or property, and other similar activities needed to assure the safe movement of 18 people, goods, and supplies within the impacted area. Long term repair or 19 recovery actions, such as relocating infrastructure, rebuilding of damaged structures 20 and the like, will be distinguished from the short-term actions herein described. 21 22 8T. The applicable provisions of the €leFida bguilding gCode, relating to hurricane 23 precautions, inspections and permitting, are hereby adopted by reference. 24 25 8U. The City adopts the following criteria relating to consideration of relocating public 26 infrastructure, cognizant of the City's geographic limitations and development 27 status: 28 29 a) The land upon or under which the infrastructure existed is gone or reconfigured 30 so that replacement is not possible, technically or financially, as determined by 31 the City Commission. 32 33 b) The cost of repairs or retrofitting versus relocation costs. 34 35 c) Opportunities arising out of acquisition of land by the City or other 36 governmental entity. 37 38 8V. Notwithstanding the preceding policies, no regulation, permitting procedure or post 39 disaster planning shall be approved or applied to property, as the case may be, so 40 as to constitute a taking or inordinately burden an existing use of real property or a 41 vested right to a specific use of real property with the meaning of the Bert J. Harris, 42 Jr. Private Property Rights Protection Act, Chapter 95-181, Laws of Florida, codified 43 as Section 70.001. Florida Statutes. 44 45 8V. The City recognizes the certain vested rights may exist for property within the City. 46 The City will consider such claims after petition is made to the City and, after due 47 public hearings, the City Commission may grant approval to the request. The 48 documentation for a claim shall follow the procedures found in Section 2-114.1. 49 Code of Miami -Dade County, Florida. 50 51 OBJECTIVE 9 " Underlined text is added and striekeR text is deleted 15o18 1 2 Employ development and redevelopment principles and strategies, site development 3 techniques, engineering solutions, and best practices to reduce flood damage risk, flood 4 damage claims and losses resulting from high -tide events, storm surge, flash floods and 5 the impacts of sea level rise. 6 7 Policies 8 9A. Continue to maintain, protect and promote revegetation of coastal Mangrove 9 forests, coastal hammocks and other natural coastal vegetative communities which 10 remain in the City. 11 9B. Continue to protect, stabilize and enhance beaches and dunes through beach 12 renourishment, restoration of the submerged breakwater structure, potential sand 13 erosion barriers, planting and maintaining appropriate dune vegetation, directing 14 beach access through designed crossings such as elevated walkways, and prohibiting 15 uses and improvements that are incompatible with dunes. 16 9C. Promote the protection and enhancement of offshore reef communities consistent 17 with the Dolicies of this element. 18 9D. The City shall adopt minimum seawall elevation and design criteria for both public 19 and private seawalls throughout the City in conformance with the most recently 20 adopted Miami -Dade County Flood Criteria Map. 21 22 9E. The City shall develop strategies for requiring or causing the repair, enhancement, 23 or replacement of seawalls located on both public and private properties, based 24 upon existing conditions, year of projected impacts and economies of scale to 25 reduce cost, ensure a comprehensive approach, and minimize disruption from 26 flooding. Strategies may include a combination of regulations (such as requiring 27 repair or enhancement of seawalls as a condition of permits for other work on 28 waterfront properties) and funding strategies (such as grants and assessments) for 29 the City to undertake the work on a phased city-wide basis. 30 31 9F, The City shall continue to prioritize stormwater drainage improvements as funding 32 allows. 33 34 9G. Pursuant to Miami -Dade DERM requirements, all public wastewater and potable 35 water collection and transmission systems shall be protected from floodwaters and 36 inflow by having all mechanical and electrical equipment and all system openings 37 placed above the base flood elevation plus applicable freeboard and sea -level rise. 38 Freeboard shall be no less than 24 inches for systems that serve essential facilities 39 (e.g., hospitals) and facilities that are required to have an emergency generator by 40 law, and 12 inches for all other systems. When the required minimum elevations 41 cannot be attained for system openings (e.g., manholes, wet wells), openings shall 42 be elevated to be protected from a 10 -year storm and include water -tight and 43 bolted covers/hatches. The entire assembly, structure, ring, frame, etc., shall be 44 water -tight to sustain as a minimum, a water column pressure equivalent to the 45 difference between opening elevation and minimum required elevation. 46 47 9H. Development within the special flood hazard area shall be designed and 48 constructed using methods, practices and materials that minimize flood damage Underlined text is added and stricken text is deleted 16 o18 1 and that are in accordance with the floodplain management ordinance. 3 91. The City will encourage use of best practices to address sea level rise in design and 4 construction of development and infrastructure projects in the coastal high hazard 5 area and portions of the City most vulnerable to inundation from rising sea level. 7 9J. The City shall promote the use of pervious pavement and Low -Impact 8 Development techniques in order to reduce the deleterious effects of runoff on 9 adjacent ecosystems and property owners through land development regulations 10 and incentive programs. The City shall also consider incorporating use of such 11 techniques into new public oroiects within the special flood hazard area. 12 13 9K. The City shall consider developing and adopting land development regulations 14 specific to flood -vulnerable areas that include best practice development strategies 15 for protection, accommodation, managed retreat, and avoidance of flooding 16 impacts. 17 18 9L. The City shall mitigate hazards by continuing to enforce the building code, land 19 development regulations, floodplain management ordinance, and stormwater 20 drainage level of service standards. 21 22 9M. The City shall continue to require building construction and development 23 techniques consistent with, or more stringent than, the flood -resistant 24 construction requirements in the building code and applicable flood plain 25 management regulations set forth in Title 44 C.F.R. Part 60. 26 27 9N. Construction activities seaward of the coastal construction control line established 28 pursuant to s. 161.053 must be consistent with Chapter 161, F.S. 29 30 90. The City shall continue to participate in the Southeast Florida Regional Climate 31 Change Compact. 32 33 9P. The City shall use the most recently updated Southeast Florida Regional Climate 34 Change Compact's Unified Sea Level Rise Prosection when determining the risks of 35 coastal flooding due to sea level rise. 36 37 9Q. The City shall continue to participate in the National Flood Insurance Program 38 Community Rating System (CRS) administered by the Federal Emergency 39 Management Agency (FEMA) to achieve flood insurance premium discounts for 40 residents. Participation in the CRS shall include the following actions that are both 41 creditable CRS activities and sea level rise adaptation strategies: 42 43 1) Public information activities such as providing a count of existing buildings 44 in the special flood hazard area (SFHA), providing the number of new 45 buildings constructed in the SFHA, providing information on substantial 46 improvements to existing buildings in the SFHA; and providing information 47 on issued elevation certificates. 48 2) Public outreach activities such as informing the public of special flood - 49 related hazards, having a public information and stakeholder delivery 50 program, and having a flood protection section on the City's website. 51 3) Public assistance activities such as providing flood protection advice after a Underlined text is added and strfel(eR text is deleted 17 018 1 site visit, and promotion of flood insurance. 2 4) Mapping and regulation related items such as open space preservation 3 regulations, development limitations, freeboard regulations, local drainage 4 protection regulations, and stormwater management regulations. 5 5) Flood damage reduction related items such as repetitive loss area analyses. 8 9R. The City shall continue its membership in, and support of, the Seawall Coalition to 9 help advance national solutions to sea level rise and flooding. 10 Underlined text is added and stricken text is deleted 18 018 Fc .F�a� 65 rT of sup+ � City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Amy Canales, Planning and Zoning Director DATE: February 16, 2023 RE: Proposed Comprehensive Plan Property Rights Element RECOMMENDATION: Staff recommends adoption of this Ordinance. REASONS: F.S. 163.3191 requires that local governments evaluate and appraise their comprehensive plans every 7 years on a prescribed schedule to determine whether amendments are required to reflect changes in Florida Statutes. Any necessary amendments must be transmitted within 12 months after notifying DEO of the determination. The City notified DEO last December that amendments to the Coastal Management Element were required to address "peril of flood" legislation. This 2015 legislation requires that Coastal Management Elements outline principles that must be used to eliminate inappropriate and unsafe development in coastal areas when opportunities arise. The proposed amendments coordinate with the City's existing efforts to prepare for the impacts of sea level rise. The ordinance updates the map depicting Category 1 storm surge vulnerability, requires consideration of sea level rise projections in capital improvements planning and long-term post -disaster recovery, requires adoption of seawall design and elevation criteria, and encourages consideration of sea level rise in City regulations governing redevelopment and post -disaster recovery. Item Number: 9.13 Included in the backup is a letter to the DEO finding that the proposed peril of flood amendments, together with the Property Rights Element on this agenda for second reading, complete the City'! evaluation and appraisal obligations, and that no further amendments are required under F.S. 163.3191 for this evaluation and appraisal cycle. ATTACHMENTS: Ordinance Exhibit A.pdf Item Number: 9.6