2009-14ORDINANCE NO. 2009-14
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
A TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN AND
AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY
AMENDING THE FUTURE LAND USE ELEMENT, THE
INFRASTRUCTURE ELEMENT, THE CAPITAL IMPROVEMENTS
ELEMENT, THE INTERGOVERNMENTAL CO-ORDINATION ELEMENT
AND THE CONSERVATION 8~ COASTAL MANAGEMENT ELEMENT OF
THE CITY OF AVENTURA COMPREHENSIVE PLAN TO IMPLEMENT
THE CITY OF AVENTURA TEN-YEAR WATER SUPPLY FACILLTIES
WORK PLAN REQUIRED PURSUANT TO CHAPTER 163, PART I1,
FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, in 2002, 2004 and 2005 the Florida Legislature expanded local
government comprehensive plan requirements to strengthen coordination of water supply
planning in the State; and
WHEREAS, Section 163.3177, Florida Statutes requires that local comprehensive
plans must coordinate with the appropriate water management district's regional water
supply plan; and
WHEREAS, the City of Aventura proposes to adopt aTen-Year Water Supply
Facilities Work Plan; and
WHEREAS, the City of Aventura has proposed amendments to the Future Land
Use, Infrastructure, Capital Improvements, Intergovernmental Coordination, and
Conservation and Coastal Management Elements of the Comprehensive Plan to
implement the Ten-Year Water Supply Facilities Work Plan and to coordinate water
supply planning in order to comply with State Statute; and
WHEREAS, at a public hearing on January 13, 2009, the City of Aventura Local
Planning Agency reviewed the proposed Ten-Year Water Supply Facilities Work Plan and
the amendments to the Comprehensive Plan elements, found the proposed changes to
be consistent with the City of Aventura Comprehensive Plan and recommended approval
Ordinance No. 2009-14
Page 2
of the Ten-Year Water Supply Facilities Work Plan and comprehensive plan amendments
to the City Commission.
WHEREAS, the City Commission finds that the proposed amendments will not
result in impacts on any infrastructure system that will exceed established level of service
standards and are otherwise consistent with the goals, objectives and policies of the
Comprehensive Plan of the City of Aventura; and
WHEREAS, the City Commission believes it is in the best interest of the public to
amend the Comprehensive Plan to adopt aTen-Year Water Supply Facilities Work
Plan and to adopt the amendments to the Future Land Use, Infrastructure, Capital
Improvement, Intergovernmental Coordination, and Conservation and Coastal
Management Elements to strengthen coordination of water supply planning and local
land use planning.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Findings. The foregoing "Whereas" clauses are hereby ratified
and incorporated as the legislative intent of this Ordinance.
Section 2. The Ten-Year Water Supply Facilities Work Plan dated December
9, 2008, Revised Mav 12. 2009, attached as Exhibit #1 to this Ordinance, is hereby
adopted as the water supply facilities work plan for the City of Aventura.
Section 3. Amendments to the Future Land Use Element. The Future Land
Use Element of the City of Aventura Comprehensive Plan is hereby amended as follows':
Policy 7.2 is added to Objective 7 to provide for coordination of current and future land
uses with the availability of water supply.
'Underlined provisions constitute proposed additions to existing text; ~~ provisions indicate
proposed deletions from existing text. Double-underlined text indicates additions as a result of the
Objections, Recommendations and Comments (ORC) Report by the State of Florida Department of
Community Affairs. text indicates deletions as a result of the ORC Report.
Remaining provisions are now in effect and remain unchanged.
Ordinance No. 2009-14
Page 3
Policy 7.2
The City through its Land Development Regulations and in coordination with the Ten-
Year Water Supply Facilities Work Plan will coordinate current land uses and any future
land use changes with the availability of water supply system.
Policy 7.3 is added to Objective 7 to require that proposed amendments to the Future
Land Use Map provide data and analysis demonstrating adequate water supply and
facilities
Policy 7.3
The Citv shall require proposed amendments to the Future Land Use Map provide data
and analysis demonstrating adequate water supply and facilities are available.
Section 4. Amendments to the Infrastructure Element. The Infrastructure
Element of the City of Aventura Comprehensive Plan is hereby amended as follows'
INFRASTRUCTURE GOAL 1 -Policy 2.1 of Objective 2 is amended to add Level of
Services standards for Potable Water Supply for the City of North Miami Beach, which
services a portion of the City of Aventura
Policy 2.1
To assure an adequate level of service, potable water and sanitary sewer facilities shall
meet the following level of service standards, as adopted by Miami-Dade County Water
and Sewer Department and the City of North Miami Beach, the City's current service
providers.
1) Potable Water Supply
Area Serviced by Miami-Dade Water & Sewer Department
(a) The system shall operate with a rated maximum daily capacity which is no less
than 2 percent above the maximum daily flow for the preceding year, and an average
daily capacity 2 percent above the average daily ~~ system demand for the
preceding 5 years.
(b) Water shall be delivered to users at a pressure no less than 20 pounds per
square inch (psi) and no greater than 100 psi. Unless otherwise approved by the
Miami-Dade Fire Department, minimum fire flow based on the land use served shall be
maintained as follows:
Ordinance No. 2009-14
Page 4
Land Use Min. Fire Flow
Single Family Residential/Estate 500 gal/min
Single Family, Duplex, and Residential on minimum 750 gal/min
tots of 7,500 sf.
Multi-Family Residential 1,500 gal/min
Semiprofessional Offices, Hospitals, Schools 2,000 gal/min
Business and Industry 3,000 gal/min
(c) Water quality shall meet all federal, State and County primary standards for
potable water.
(d) System-wide storage capacity for finished water shalt equal no less than 15
percent of the system average daily demand.
Area Serviced by the City of North Miami Beach
Potable Water the City's water system shall provide 144 gallons per person per day
at a pressure of 40 pounds per square inch (psi) The City attempts to maintain a
water pressure of 40 pounds per square inch (psi) although 20 psi is the legal
minimum.
Policy 2.3 of Objective 2 is amended to require that adequate water supply is available
concurrent with the impact of the development
Policy 2.3
Except as provided by Objective 1 and the supporting policies, no development order
authorizing new development or a significant expansion of an existing use shall be
issued for any area of the City which is served by a potable water or sanitary sewer
facility which does not meet the standards in Policy 2.1 or will not meet these standards
concurrent with the completion of the development. In any case where these federal,
state, or county standards referenced in Policy 2.1 are revised, a reasonable time for
compliance with the new standards shall be allowed.
Prior to approving a building permit the City shall require that adequate water supplies
to serve the new development will be available no later than the anticipated date of a
certificate of occupancy or its functional equivalent.
Policy 2.6 of Objective 2 is amended to extend the year from 2015 to 2025
Policy 2.6
The City shall continue to coordinate with a provider who shall continue the expansion
of existing water and wastewater treatment plants to meet demand through the year
~5 2025.
Ordinance No. 2009-14
Page 5
Policy 2.7 of Objective 2 is added to create and adopt a Water Supply Facilities Work
Plan by reference
Policy 2.7
The City shall create and adopt a Water Supply Facilities Work PI_an that is consistent
with the South Florida Water Management District's Lower East Coast Regional Water
Supply Plan Miami Dade Water and Sewer Departments Water Supply Facilities Work
Plan Re ort re ared b CDM dated November 26 2007 and the Cit of North Miami
Beacham 10 Year Water Supply Facilities Work Plan prepared by MHE. dated Mav
2008 The City's Work Plan will be updated within 18 months after the South Florida
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Water Management District's Lower East Coast Regional vvater auppiy rian, ~~~~a~ ~ ~~-
Dade Water and Sewer Department's Work Plan and the City of North Miami Beach's
Work Plan are updated The City of Aventura Florida Water Supply Facilities Work
Plan dated December 9 2008 revised Mav 12 2009 is hereby adopted by reference.
Policies 5.1 and 5.2 of Objective 5 are amended to add the City of North Miami Beach
Policy 5.1
The City of Aventura shall enseufage su ort Miami-Dade County and the City of North
Miami Beach in the development of +t~s future potable water supplies, to the maximum
extent feasible, utilize methods which preserve the integrity of the Biscayne Aquifer,
protect the quality of surface water and related ecosystems, and comply with the land
use and environmental protection policies of the Miami-Dade County CDMP, the City of
North Miami Beach, the Strategic Regional Policy Plan for South Florida, and the State
Comprehensive Plan.
Policy 5.2
When reclaimed water becomes available, the City shall consider its use on public and
private properties. Currently, the Miami-Dade Water and Sewer Department and the
City of North Miami Beach +s are responsible for implementing any reuse that is
deemed by the County to be economically feasible.
Policy 5.3 of Objective 5 is amended to create a Water Supply Facilities Work Plan
Policy 5.3
The City shall create aTen-Year Water Supply Facilities Work Plan that is consistent
with T°riY~G1T +h° ~.- +°. „~~'~ f,^°1i+" the work plans of Miami-Dade County MDWASD
and the City of North Miami Beach, as they are adopted and/or periodically updated, in
order to identify alternative projects that will increase its water supply, and shall
Ordinance No. 2009-14
Page 6
coordinate with Miami-Dade County and the City of North Miami Beach, as appropriate,
in the implementation of these projects.
INFRASTRUCTURE GOAL 2 -Policv 2 3 of Objective 2 is amended to replace theword
"xeriscape" with "Florida Friendlv"
Policy 2.3
Water conserving irrigation and other landscape practices such as ~~ Florida
Friendlv shall be used wherever feasible. Through its site and landscape reviews,
Aventura shall ensure that appropriate native and ~e Florida Friendly plant
materials are used, particularly where public water is used to water lawns, golf courses
and landscaped green spaces.
Objective 1 of the Aquifer Recharge Goal in the Infrastructure Element is amended to
add Miami-Dade County Water and Sewer Department and the City of North Miami
Beach, and Policv 1 3 is amended to replace the word "xeriscape" with "Florida
Friendlv".
The City shall support the efforts of the y Miami-Dade County Water and Sewer
Department and the City of North Miami Beach to identify significant ground water
resources and protect them through land use controls, public acquisition, easements or
other appropriate methods.
Policy 1.3
The City shall institute a comprehensive program responsible for educating businesses
and residents of: the County's current water conservation policies, the fragility of the
aquifer, methods to reuse and conserve water, well abandonment problems and rules,
and benefits of drought resistant plants (~e Florida Friendlyl
Section 5. Amendment to Capital Improvements Element. The Capital
Improvements Element of the City of Aventura Comprehensive Plan is hereby amended
as follows'
Policy 2.4 of Objective 2 is amended to add Level of Services standards for Potable
Water Supply for Miami-Dade Water and Sewer Department and for the City of North
Miami Beach which both service a portion of the City of Aventura
Policy 2.4
Ordinance No. 2009-14
Page 7
The Five-Year Capital Improvements Program, or the City's contract providers as
appropriate, shall incorporate the identified capital investments from each functional
element and will be based on the following LOS standards: [9J-5.016(3)(c)4]
Potable Water Supply
Area Serviced byMiami-Dade Water & Sewer Department:
a) The treatment system shall operate with a rated maximum daily capacity
which is no less than two percent (2%) above the maximum daily flow for the
preceding year, and an average daily capacity two percent (2%) above the
average daily ~~ system demand for the preceding five (5) years.
Water shalt be delivered to users at a pressure no less than twenty (20)
pounds per square inch (psi) and no greater than 100 psi. Unless otherwise
approved by the Miami-Dade Fire Department or successor entity, minimum
fire flow, based on the land use served, shall be maintained as follows:
Minimum Fire Flow
Land Use
Gallons per Minute
Single Family Residential Estate Density 500
Single Family and Duplex Residential on Minimum lots 750
of 7, 599 ft2
Multi-family Residential, Semiprofessional Offices 1,500
Hospitals, Schools 2,000
Business and Industry 3,000
b) Water quality shall meet all federal, state and county primary standards for
potable water.
c) System-wide storage capacity for finished water shall equal no less than fifteen
(15) percent of the system-wide average daily demand.
Area Serviced by the City of North Miami Beach
Potable Water the City's water system shall provide 144 gallons per person per
day at a pressure of 40 pounds per square inch (psi). The City attempts to
maintain a water pressure of 40 pounds per sauare inch (psi) although 20 psi is
the legal minimum.
Ordinance No. 2009-14
Page 8
Section 6. Amendment to the Intergovernmental Coordination Element. The
Intergovernmental Coordination Element of the City of Aventura Comprehensive Plan is
hereby amended as follows'
Policy 2.3 of Objective 2 is amended to specify coordination and consistencv among the
work plans of the South Florida Water Management District, Miami-Dade Water and
Sewer Department and the City of North Miami Beach with the City of Aventura Work
Plan
Policy 2.3
Cl~rirJ~+ C+.++~ ~+o .+nrl ~hc ~~~•~~er nnnccni~~inr~ off~r4~. of n~hcr ~ncnnio~
The City shall ensure coordination of the comprehensive plan with the most current
South Florida Water Management District Lower East Coast Regional Water Supply
Plan Update as well as the Miami-Dade County and the
Cit of North Miami Beach Water Su I Facilit Work Plans when ro osin and/or
amending the City's Ten-Year Water Supply Facilities Work Plan. The City's Work Plan
shall be updated within 18 months after the South Florida Water Management District
updates the Lower East Coast Regional Water Supply Plan to remain consistent with
the regional water supply plan. The City shall maintain a record of City staff attendance
and participation in appropriate intergovernmental and/or multi-jurisdictional
coordination efforts (i.e. meetings, workshops, committees, agreements).
Policy 2.4 of Objective 2 is added to identify and ensure consistency of level of service
standards between the City of Aventura, Miami-Dade Water and Sewer Department
and the City of North Miami Beach and sharing of information
Policy 2.4
The City shall ensure and identify the consistencv of local level of service standards by
annually contacting Miami-Dade County Water and Sewer Department and the City of
North Miami Beach as the City's service providers, to obtain and share current
information including populations level of services, service areas, water supply
facilities implementation schedule of required potable water conservation and reuse
measures and evaluate if future modification to either the service agreement or level of
service standards should be included in subsequent Comprehensive Plan
Amendments. This contact may be by way of meeting of the Miami-Dade Planners
Technical Committee or by mutually agreed upon tri-party meetings.
Ordinance No. 2009-14
Page 9
Policy 2.5 of Objective 2 is added to provide that the Citv will coordinate with its
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suppliers to ensure that water service to the areas served by the County and the Citv of
North Miami Beach will be provided based on the applicable Level of Service standard.
P I
The Citv shall coordinate with Miami-Dade Water and Sewer Department and with the
__
City of North Miami Beach to ensure that water service to the areas served by the
County and the city of North Miami Beach will be provided based on the applicable
Level of Service standard.
Section 7. Amendment to the Conservation and Coastal Management
Element . The Conservation and Coastal Management Element of the City of Aventura
Comprehensive Plan is hereby amended as follows':
Policy 8.2 of Objective 8 is amended to add the City of North Miami Beach; add the
recently approved Miami-Dade County Ordinance 08-14 regarding efficient plumbing
fixtures; add reference fo water saving irrigation standards; and add reference to the
Florida Department of Environmental P_ rotection Landscape Irrigation and Florida
Friendly Design Standards.
Policy 8.2
In order to comply with policies of the South Florida Water Management District
directed toward conservation of potable water supply and to achieve a reduction in the
current rates of water consumption the following performance standards shall apply:
• Where non-potable alternative sources of irrigation water are available
potable water supplies may not be used to meet irrigation needs.
• The City of Aventura shall ense+~age coordinate with the Miami-Dade
Water and Sewer Department (MDWASD) and the City of North Miami
Beach to study the feasibility of using reclaimed water as one method of
reducing the amounts of potable water used for non-potable activities.
• Require the use of water-saving plumbing fixtures in all new developments
as required by Miami-Dade County Ordinance 08-14.
• Require the use of water-saving plumbing fixtures when plumbing fixtures
are replaced or retrofitted.
Ordinance No. 2009-14
Page 10
In order to reduce demand for irrigation water (which in turn often places
greater demand upon potable water sources), at least seventy percent
(70%) of all landscaping material obtained from off-site sources for use on
any site should be native plant material adapted to soil and climatic
conditions existing on the subject site such as landscaping principles
identified in FDEP Landscaping Irrigation and Florida-Friendly Design
Standards.
To further reduce water demand at least fifty percent (50%) of all trees
used in landscaping shall be native species adapted to soil and climatic
conditions existing on-site. Landscaaina principles identified in FDEP
Landscaoina Irriaation and Florida Friendly Desian Standards should be
utilized.
Policy 8.3 of Objective 8 is added to provide for coordination regarding the availability of
water supplies to serve new development prior to a certificate of occupancy
Policy 8.3
The City of Aventura will cooperate with MDWASD and the City of North Miami Beach
to require that before the issuance of a building permit or its functional equivalent,
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.
Policies 8.3 through 8.7 of Objective 8 are renumbered and newly numbered Policies
8.5 and 8.7 are amended to add the City of North Miami Beach
~-Policy 8.4
The City of Aventura shall continue to cooperate with local, regional, state and federal
agencies for the management of fresh water resources to maintain adequate fresh
water supplies during dry periods and to, when practicable, conserve water.
Policy 8.5
The City of Aventura shall continue to cooperate with MDWASD, the City of North
Miami Beach and the South Florida Water Management (SFWMD) for the
implementation of water demand management policies and programs.
Policy 8.6
The City of Aventura shall continue to require compliance with all applicable federal,
state, regional and county water quality standards.
Ordinance No. 2009-14
Page 11
Policy 8.7
The City of Aventura shall cooperate with MDWASD the City of North Miami Beach
and the SFWMD to conserve water resources during emergencies.
Newly numbered Policy 8.8 of Objective 8 is amended to adopt the City's Ten-Year
Water Supply Facilities Work Plan and ensure future coordination with the appropriate
agencies
Rel+s~:~ Policy 8.8
The City shall adopt aTen-Year Water Supply Facilities Work Plan. The City shall
coordinate implementation of the Work Plan's goals objectives and policies with the
work plans of ,the South Florida Water Management District,
Miami-Dade 6e~r~y Water and Sewer Department and the City of North Miami Beach_
The City shall also coordinate its efforts to conserve water
with the efforts of these agencies in their a~ #~-e water conservation efforts ~~- n"eT
ageNSies.
Section 8. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 9. Inclusion in the Comprehensive Plan. That it is the intention of
the City Commission and it is hereby ordained that the provisions of this Ordinance
shall become and made a part of the Comprehensive Plan of the City of Aventura.
Section 10. Transmittal. That the City Clerk is directed to transmit the
amendment to the State of Florida Department of Community Affairs and other
agencies as required under Chapter 163, Part II of the Florida Statutes.
Section 11. Effective Date. That this Ordinance shall be effective immediately
upon passage by the City Commission on second reading, except that the effective
date of the amendments adopted by this Ordinance shall be the date a final order is
issued by the Florida Department of Community Affairs or Administration Commission
Ordinance No. 2009-14
Page 12
finding the amendments in compliance in accordance with Section 163.3184, Florida
Statutes, whichever occurs earlier. The Florida Department of Community Affairs'
notice of intent to find the Plan Amendments in compliance shall be deemed to be a
final order if no timely petition challenging the Plan Amendment is filed pursuant to
Chapter 163, Florida Statutes.
The foregoing Ordinance was offered by Commissioner Weinberg, who moved
its adoption on first reading. This motion was seconded by Commissioner Auerbach
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Michael Stern yes
Commissioner Billy Joel yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Diamond, who moved its
adoption on second reading. This motion was seconded by Commissioner Auerbach,
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Michael Stern yes
Commissioner Billy Joel yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
PASSED on first reading this 13th day of January, 2009.
Ordinance No. 2009- /~
Page 1~3 of 1$
PASSED AND ADOPTED on second reading this ;Z'`-dday of~ ~, 2009.
SAN GOTTLIEB, MAYOR
ATTEST:
'~EESA M. SQ'(~O~A, MIjAC
CI CLERK (( ~ I
APPROVED AS/,T,~O,,,LE AL SUFFI~ENCY:
r'O1
CITY ATTORNEY