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