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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 13.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: February 26, 2024
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| | | | | | | | | TITLE: | REVIEW THE CITY’S CURRENT MAXIMUM DEVELOPMENT CAPACITY FOR WATER, SEWER, ELECTRICAL AND OTHER UTILITIES AND PUBLIC FACILITIES, AND HOW TO BETTER USE UPDATED MODELING AND DATA FOR PROJECTED FUTURE DEMAND TO INFORM CITY’S PLANNING AND LEGISLATIVE EFFORTS RELATING TO DEVELOPMENT |
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| | | | | | | | HISTORY:
| On December 13, 2023, at the request of Mayor Steven Meiner, the City Commission referred the subject discussion item (C4 R) to the Land Use and Sustainability Committee (LUSC). Commissioner Tanya K. Bhatt is the co-sponsor of the item.
BACKGROUND
As noted in the attached referral memo, the item sponsor has requested that the LUSC discuss the maximum infrastructure capacity in the City for water, sewer, electrical and other utilities, and public facilities, and how the City could better use modeling or updated data relating to projected future utility demand in connection with project approvals and legislative efforts relating to development. |
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| | | | | | | | ANALYSIS:
| Provisions for infrastructure for new development are guided by the requirements for concurrency in Chapter 163 of the Florida Statutes, specifically Section 163.3180, entitled “Concurrency.” This section requires that local governments adopt level of service (LOS) standards for specific types of infrastructure, and mandates when that infrastructure needs to be available to serve new development. The section also provides for the following regarding sanitary sewer, water supplies, and potable water facilities:
Consistent with public health and safety, sanitary sewer, solid waste, drainage, adequate water supplies, and potable water facilities shall be in place and available to serve new development no later than the issuance by the local government of a certificate of occupancy or its functional equivalent. Prior to approval of a building permit or its functional equivalent, the local government shall consult with the applicable water supplier to determine whether adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the local government of a certificate of occupancy or its functional equivalent.
The statute does not mandate LOS standards for electricity or gas, as those are generally provided by private entities that maintain their own requirements.
The statute requires that the LOS standards be adopted in the local government comprehensive plan and be implemented through the land development regulations (LDRs). The City of Miami Beach’s 2040 Comprehensive Plan provides several policies that require coordination with the Miami-Dade Water and Sewer Department (WASD). These policies were most recently updated on January 20, 2022, as part of the state-manded update to the Water Supply Plan, which entailed coordination with WASD and the South Florida Water Management District. The City’s Comprehensive Plan contains the following policies related to provisions for infrastructure:
POLICY RLU 1.2.7 WATER SUPPLY
The City, through the land development regulations will coordinate the land uses and future land use changes with the availability of water supplies and water supply facilities.
POLICY RLU 3.1.2
Land Development Regulations pertaining to concurrency management shall be amended to reflect Ch. 163.3180, Florida Statutes and this policy. No development permit shall be issued unless the applicable Mobility Fees and public facilities necessitated by the project (in order to meet level of service standards specified in the Policies of the, Recreation, Public Schools and Infrastructure Elements, and the Water Supply Plan) will be in place concurrent with the impacts of the pursuant to the regulations established in the Land Development Regulations. The requirement that no development permit shall be issued unless applicable mobility fees are paid, and public facilities necessitated by the project are in place concurrent with the impacts of development shall be effective immediately.
POLICY RLU 3.3.2
Requests for development orders or permits shall be coordinated, as appropriate, with Miami-Dade County, Miami-Dade County Public Schools, special districts, the Regional Planning Council, the Water Management District and state and federal agencies. Special emphasis shall be placed on conformance with the Biscayne Bay Aquatic Preserve Management Plan and by achieving Biscayne Bay Shoreline Development Review Committee review of 100 percent of applicable projects.
POLICY HE 1.1.7
Maintain the potable water, sanitary sewer, storm sewer, transportation, solid waste, and recreation facilities above the level of service standards established in the City’s comprehensive plan in all areas of the City so that there will be no restrictions due to inadequate infrastructure or public facilities on the location of housing for workforce, low and moderate income families or any other category of housing.
POLICY HE 1.2.5
Maintain the potable water, sanitary sewer, storm sewer, transportation, solid waste and recreation facilities above the level of service standards established in the Infrastructure Element of the City’s Comprehensive Plan in all areas of the City so that there will be no restrictions due to inadequate infrastructure or public facilities on the location of housing for workforce, very low, to moderate income families, manufactured housing or any other category of housing.
GOAL INF 1: PROVISION OF INFRASTRUCTURE
Provide for potable water, sanitary sewer, drainage and solid waste facilities which meet the City’s needs in a manner which promotes the public health, sanitation, environmental protection, operational efficiency, and beneficial land uses and redevelopment patterns.
OBJECTIVE INF 1.1: PRIORITIES
The City will continue to provide potable water supply, sanitary sewage disposal, solid waste disposal and drainage services to meet both existing and projected needs as identified in this plan through coordination and implementation of those projects listed in the Capital Improvements Element. All improvements for replacement, expansion or increase in capacity of facilities shall conform with the adopted policies of this Plan including level of service standards for the facilities.
POLICY INF 1.1.1 Continue to participate with Miami-Dade County WASD through program cooperation with the Virginia Key Wastewater plant, the Hialeah/Preston Water Treatment Plant and the Resource Recovery Plant and continue to accept wastewater from municipalities north of the City of Miami Beach.
POLICY INF 1.1.2 Continue to monitor established guidelines for private collectors of solid waste and recycling; continue to provide for policing, servicing and collecting of oversize wastes.
POLICY INF 1.1.3 The potable water network is an interconnected, countywide system, therefore, the City will cooperate with MDWASD to jointly develop methodologies and procedures for biannually updating estimates of system demand and capacity, and ensure that sufficient capacity to serve development exists. The City will prepare and submit a Water Conservation Plan to the County at the same time as the City submits the updated 10-Year Water Supply Facilities Work Plan.
OBJECTIVE INF 1.2: INFRASTRUCTURE REPLACEMENT
Potable water supply, sanitary sewage disposal, and solid waste disposal services shall continue to be planned and provided in conformance with the Resilient Land Use and Development Element of the comprehensive plan.
POLICY INF 1.2.1 Continue to plan and provide infrastructure to serve redevelopment activities, including infill projects, as directed by the City Commission.
POLICY INF 1.2.3 Continue the on-going program to repair and replace existing water, sewer and storm sewer lines through the utilization of bond funds Community Development Block Grant funds and other available funding sources, particularly obsolete and undersized water lines.
OBJECTIVE INF 1.5: LEVEL OF SERVICE STANDARDS
The City shall continue to maintain and provide potable water, sanitary sewer, solid waste disposal and drainage facilities at adopted level of service standards to ensure that adequate facility capacity is available for proposed and existing commercial and residential developments within its jurisdiction.
POLICY INF 1.5.1
The following City-wide Level of Service Standards shall be used as the basis for determining the availability of facility capacity for residential uses; the systems shall be able to provide/accommodate at least the minimums specified:
Facility/Service Area Level of Service Standard
Sanitary Sewer Facilities Sewage Generation Standard
140 Average gallons per capita per day
Solid Waste Facilities Solid Waste Generation Standard
1.275 tons per capita per year
Drainage Facilities Design Storm Standard
per Storm Water Master Plan as updated from time to time.
Potable Water Facilities Water Consumption Standard
156 Average gallons per capita per day
The average gallons per capita rate applies to the year-round standard, while the peak gallons per capita rate applies to the City during peak tourist period due to the significant seasonal influx of temporary residents. The City uses a multiplier of 1.2, which gives a 20% increase in population to estimate required services and facilities.
The following City-wide Level of Service Standards shall be used as the basis for determining the availability of facility capacity for non-residential uses; the systems shall be able to provide/accommodate at least the minimums specified:
Hotel: 75 gallons per day per room
Office: 0.084 gallons per day per square foot
Retail: 0.18 gallons per day per square foot
Industrial: 0.084 gallons per day per square foot
Restaurant: 65 gallons per day per seat
School: 12 gallons per day per student
The concurrency standards identified in the comprehensive plan are implemented via Chapter 3 of the Resiliency Code, entitled “Concurrency Management and Mobility Fees.” This chapter provides for reviews of level of service as part of the building permit process as follows:
3.1.3 Concurrency mitigation and mobility fee review
Concurrency mitigation review and mobility fee calculations shall be provided upon filing a request with the applicable review department. Notwithstanding the foregoing, the provisions of this chapter shall not be construed to restrict applicable review departments other than departments of the City of Miami Beach from establishing alternative review procedures. Applicable review departments for developments in the city shall include the following:
a. Potable water: Miami Dade County and Miami Beach Public Works Department, as applicable.
b. Sanitary sewer: Miami Dade County and Miami Beach Public Works Department, as applicable.
c. Solid waste: Miami Beach Public Works Department.
d. Stormwater: Miami Beach Public Works Department.
e. Recreation and open space: Miami Beach Planning Department.
f. Mobility fees: Miami Beach Planning Department.
g. Public schools: Miami Dade County Public Schools.
SUMMARY
The Administration recommends that the item be discussed, for purposes of policy direction, and continued to a future date. This will allow for additional coordination between the applicable departments in the City, including Planning, Transportation and Mobility, and Public Works. Additionally, any future updates to the adopted levels of service must be in conformance with the requirements in State law.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee discuss and continue the item to the March 19, 2024 LUSC meeting. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| ATTACHMENTS: | | Description | Type |  | REF C4R | Memo |
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