Item Coversheet

Ordinances - R5  L




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:October  13, 2021
 

First Reading

SUBJECT:

10-YEAR WATER SUPPLY FACILITIES WORK PLAN AND PROPERTY RIGHTS ELEMENT - COMPREHENSIVE PLAN AMENDMENT

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE 2040 COMPREHENSIVE PLAN, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS OF SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING THE “RESILIENT LAND USE AND DEVELOPMENT ELEMENT,” TO CREATE A PROPERTY RIGHTS ELEMENT, INCORPORATING GOALS, OBJECTIVES, AND POLICIES AS REQUIRED BY SECTION 163.3177(6)(I), FLORIDA STATUTES; AND AMENDING THE “INFRASTRUCTURE ELEMENT” AND “CAPITAL IMPROVEMENT ELEMENT” TO INCORPORATE AN UPDATED 10-YEAR WATER SUPPLY FACILITIES WORK PLAN AND RELATED POLICIES AND STRENGTHEN COORDINATION BETWEEN WATER SUPPLY AND LOCAL LAND USE PLANNING AS REQUIRED BY SECTION 163.3177(6)(C)3, FLORIDA STATUTES; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.


RECOMMENDATION

The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading / Public Hearing for December 8, 2021.

BACKGROUND/HISTORY

On July 28, 2021,  the City Commission referred the proposed Ordinance to the Planning Board (item C4 O).

ANALYSIS

PLANNING ANALYSIS
Pursuant to Florida Statue Chapter 163, the Public Works Department has updated the City’s 10-year Water Supply Facilities Work Plan (WSP). Pursuant to the requirements of Chapter 163, the City is required to amend the 2040 Comprehensive Plan to include this update to the WSP.

Planning and Public Works staff have drafted the portion of the proposed Comprehensive Plan Amendment related to the implementation of the WSP. The amendment updates the WSP that was previously adopted on October 27, 2010 with a new WSP (See “Exhibit A”). Public Works has already obtained cursory reviews from the South Florida Water Management District (SFWMD) and Miami-Dade County Water and Sewer Department (MDWASD) and those comments have been addressed in the attached draft of the WSP.

Additionally, the City has been advised by the Florida Department of Economic Opportunity (DEO) that the statutory provisions in Chapter 163, related to comprehensive plans, were recently amended to require each local government in the State to adopt a ‘property rights element’ into their comprehensive plan. Specifically, under House Bill 59, which was signed into law on June 29, 2021 and became effective on July 1, 2021, local governments must adopt a property rights element into their comprehensive plan. This new element must be adopted by the earlier of the date of adoption of the next proposed comprehensive plan amendment, or the date of the next scheduled evaluation and appraisal (EAR) of its comprehensive plan. This property rights element is intended to protect private property rights and to ensure they are considered in local decision-making.

Since the City adopted its most recent EAR in 2018, any amendment to the comprehensive plan adopted after July 1, 2021, must include a property rights element. The failure to include a property rights element will result in any future amendments being returned to the City until the required element is included. As such, proposed amendment includes goals, objectives, and policies (GOPs) to address the requirements of the House Bill 59.

Water Supply Plan
Section 163.3177, Florida Statutes requires local governments to adopt a 10-year WSP upon updates within 18 months of the governing board of the SFWMD approving a regional water supply plan. The most recent regional water supply plan was approved on November 8, 2018. The statute requires that local governments incorporate the alternative water supply project or projects selected by the local government from those identified in the regional water supply plan.

However, while the City of Miami Beach owns its own water distribution and sanitary sewer system, it is entirely dependent on MDWASD for water supply and sewage treatment. As such, the City is limited in the water supply projects that it can implement on its own. The City of Miami Beach’s WSP must therefore be consistent with the Water Supply Facilities Work Plan for Miami-Dade County. The proposed amendment provides for consistency with both the South Florida Regional Water Supply Plan and the MDWASD 10-Year Water Supply Facilities Work Plan.

The proposed ordinance adopts the new WSP by reference into the Comprehensive Plan. Additionally, it modifies the GOPs of the Comprehensive Plan to ensure that there is consistency between policies and the WSP. One such amendment is to modify the potable water consumption standard from 246 to 156 average gallons per capita per day, which is consistent with data provided by MDWASD.

The City previously adopted a WSP and implementing GOPs on October 27, 2010. The majority of the GOPs continue to be effective at reducing demands for potable water, providing for coordination between land use planning and water supply, and providing for intergovernmental coordination. As such, the necessary updates to the GOPs in the Infrastructure and Capital Improvements Elements are minimal.

Property Rights Element
Regarding the required property rights element, the proposed Ordinance incorporates the language provided within House Bill 59 into the ‘Resilient Land Use and Development’ element of the 2040 Comprehensive Plan. A reference is provided to indicate that the GOPs required for the Property Rights element are incorporated into the ‘Resilient Land Use and Development’ element. The language incorporated is the following:

OBJECTIVE RLU 1.6: PROPERTY RIGHTS
The City will respect judicially acknowledged and constitutionally protected private property rights.

POLICY RLU 1.6.1
The City will consider the following rights in local decision-making:

1. The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights.

2. The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances.

3. The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property.

4. The right of a property owner to dispose of his or her property through sale or gift.


COMPREHENSIVE PLANNING REVIEW PROCESS
This referral is for a text amendment to the Comprehensive Plan. Under Section 163.3184(2), Florida Statutes, this amendment shall follow the expedited state review process for adoption of comprehensive plan amendments. This process requires a public hearing by the local planning agency (Planning Board), a public transmittal hearing before the City Commission, after which the amendment must be transmitted to several state agencies for a 30-day review period, and a final adoption public hearing before the City Commission. The amendment is effective 31-days after it is adopted if there are no appeals.

PLANNING BOARD REVIEW

On September 28, 2021, the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 5-0.

APPLICATION FEE WAIVER
The subject amendment was referred on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the Comprehensive Plan require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:

1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;

2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or

3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.

The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.

SUPPORTING SURVEY DATA

Enhance and Improve Water Quality Citywide

CONCLUSION

The Administration recommends the following:

1. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning.

2. The City Commission approve the subject Ordinance at First Reading and set a Second Reading/Public Hearing for December 8, 2021.

Applicable Area

Citywide
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 
Legislative Tracking
Planning
Sponsor
Office of the City Manager

ATTACHMENTS:
Description
Ordinance