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04-05-2022 Local Planning Agency Meeting Agenda City Manager City Coininission Ronald J.Wasson ]Enid Weisman,Mayor Rachel S.Friedland,Vice Mayor City Clerk Billy Joel,Commissioner-Elect Elllisa L.Horvath,MMC Denise Landman,Commissioner Dr.Linda Marks,Commissioner City Attorney Marc Narotsky,Commissioner � �� Weiss Scrota H clfnnan Robert Shelley,Commissioner Cole&Bierman LOCAL PLANNING AGENCY MEETING AGENDA APRIL 5, 2022 6:00 p.m. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: November 2, 2021 4. PUBLIC HEARING - MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA,ADOPTING THE 2021 EVALUATION AND APPRAISAL REPORT-BASED AMENDMENTS TO THE CITY OF AVENTURA COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL TO REVIEW AGENCIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURNMENT This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura Local Planning Agency or Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose,may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing, or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission, Acting in its Capacity as the Local Planning Agency for the City of Aventura FROM: Ellisa L. Horvath, MMC, City Clerk DATE: April 1, 2022 SUBJECT: Approval of Minutes April 5, 2022 Local Planning Agency Meeting Agenda Item 3 RECOMMENDATION It is recommended that the City Commission, acting in its capacity as the Local Planning Agency for the City of Aventura, approve the attached minutes as provided by the City Clerk, for the Local Planning Agency meeting held in November 2021. BACKGROUND A meeting was held and minutes have been provided for the City Commission, acting in its capacity as the Local Planning Agency, for approval of the following: • November 2, 2021 Local Planning Agency Meeting Should you have any questions, please contact me. /elh attachment CITY OF AVENTURA LOCAL PLANNING AGENCY MEETING MINUTES NOVEMBER 2, 2021 6:00 P.M. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:00 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Dr. Linda Marks, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland, Commissioner Denise Landman, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Alan L. Gabriel. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Ethan Bazak. 3. APPROVAL OF MINUTES (September 23, 2021): A motion to approve the minutes of the September 23, 2021 meeting was offered by Commissioner Shelley, seconded by Commissioner Evans, and unanimously passed by roll call vote. 4. PUBLIC HEARING - MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: Mrs. Horvath read the following Ordinance title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY ADDING A PROPERTY RIGHTS ELEMENT TO THE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to recommend adoption of the Ordinance was offered by Commissioner Friedland and seconded by Commissioner Narotsky. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval of the ordinance recognizing property rights and in compliance with state requirements. Mayor Weisman opened the public hearing. City of Aventura Local Planning Agency Meeting Minutes November 2, 2021 The following members of the public provided comments: Linda Shwake (3600 Mystic Pointe Drive #302, Aventura) and Jennifer Gammond (3600 Mystic Pointe Drive #502, Aventura). There being no additional speakers, the public hearing was closed. Mr. Gabriel explained property rights. The motion to recommend adoption of the Ordinance was unanimously passed, by roll call vote. 5. ADJOURNMENT: There being no further business to come before the Local Planning Agency, a motion to adjourn was offered by Commissioner Evans, seconded by Commissioner Landman, and unanimously passed; thereby, adjourning the meeting at 6:15 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Local Planning Agency on April 5, 2022. Page 2 of 2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wassor(�. City Manager BY: Keven R. Klopp'W Community Development Director DATE: April 1, 2022 SUBJECT: Adoption of 2021 Evaluation and Appraisal Report-Based Amendments to the City of Aventura Comprehensive Plan and Transmittal of the Amendments to Review Agencies (CPA#2201-0001) April 5, 2022 Local Planning Agency Meeting Agenda Item 4 April 5, 2022 First Reading City Commission Meeting Agenda Item 9 TBD Second Reading City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1) Approve on first reading the 2021 Evaluation and Appraisal Report-based amendments to the City's Comprehensive Plan, inclusive of Applications 1 through 9, provided as Exhibit "A" to the attached ordinance, and 2) authorize transmittal of the amendments to the Florida Department of Economic Opportunity and other review agencies. BACKGROUND Evaluation and Appraisal Report (E.A.R.)-Based amendments to the City's Comprehensive Plan are required every seven years in order for the plan to remain compliant with Florida Statutes. The last E.A.R.-Based amendments were adopted by the City Commission on October 17, 2014. On December 1, 2020 the City notified the state that the City had evaluated its Comprehensive Plan and had determined that "amendments are necessary to address changes in state requirements" (Attachment 1). The State responded by setting the due date for the EAR-Based Amendments (Attachment 2). The public was advised of the upcoming amendments and afforded an opportunity to provide input (Attachment 3). The input received is included in the back-up to this memorandum (Attachment 4). The recommendations resulting from staff's review of the Statutes, the inventory of existing conditions, and the public input process have been incorporated into the attached ordinance as Applications numbered 1 through 9. They include amendments to the Future Land Use Element, Transportation Element, Infrastructure Element, Capital Improvements Element, Intergovernmental Coordination Element, Conservation and Coastal Management Element, as well as the addition of a Property Rights Element. Following is a summary of the proposed amendments- 1) In 2015, the Florida Legislature passed Senate Bill 1094, entitled "Peril of Flood". The law, which became effective July 1, 2015, specified new requirements to be incorporated in a local government's comprehensive plan related to coastal flooding and the related impacts of sea level rise. The 2021 E.A.R.-Based Amendments included herein fulfil these requirements (staff was not aware until late 2021 that the 2015-sea level rise requirements had not previously been incorporated into the Plan). The data, inventory, and analysis that needed to be collected to support the proposed amendments is included here as Attachment 5. 2) In the spring of 2021, the Florida Legislature passed House Bill 59 regarding Growth Management. The new law, which became effective on July 1, 2021, included, amongst other things, a requirement that a local government's comprehensive plan add a Property Rights Element to assure open and transparent decision making as a protection of property rights before any other amendments to the plan could be approved. The 2021 E.A.R.-Based Amendments included herein fulfils this requirement. The City submitted its proposed Property Rights Element in 2021 to ensure that the Future Land Use Map Amendment related to the proposed Aventura Corporate Center redevelopment, adopted by the Commission in 2021, would be considered compliant with the new law. While the amendment related to the Aventura Corporate Center, which was initiated by the City Commission in June of 2021, was not challenged, the State did request a change to the Property Rights Element the City previously submitted and requested that it be adopted as part of the forthcoming Evaluation and Appraisal Report- Based Amendments (Attachment 6). 3) An update regarding the condition of local land use and transportation is provided in the E.A.R.-Based Amendments. Assuming the City Commission adopts the amendments on first reading and approves of transmittal, the amendment package will be sent to the State of Florida Department of Economic Opportunity and other review agencies. Within 60 days of receipt of the amendments, the agencies will provide their review by way of an Objections, Recommendations and Comments Report (ORC Report). The City will respond to any comments included in that report and the adopting ordinance, as revised if necessary, will be presented to the City Commission for second advertised public hearing and final 2 reading. The Comprehensive Plan will then be updated to include all adopted amendments. Attachment 1 — City notification to the State stating need for EAR-Based Amendments Attachment 2 — Correspondence from Department of Economic Opportunity Attachment 3 — Request for Public Input Attachment 4 — Public Input Received Attachment 5 — "Peril of Flood" Data, Inventory and Analysis Attachment 6 — Technical Assistance Comments from DEO Attachment 7 — Ordinance Transmitting the 2021 E.A.R.-Based Comprehensive Plan Amendments to DEO for Review 3 Attachment 1 City of Aventura Government Center 19200 West County Club Drive Aventura, Florida 33180 ENID WEISMAN MAYOR December 1, 2020 COMMISSIONERS JONATHAN EVANS By Regular Mai! and Email RACHELS.FRIEDLAND DENISE LANDMAN DR.LINDA MARKS Ray Eubanks MARC NAROTSKY Division of Community Development ROBERT SHELLEY Department of Economic Opportunity RONALDJ.WASSON 107 East Madison Street, MSC 160 CITY MANAGER Tallahassee, Florida 32399 RE: City of Aventura Evaluation &Appraisal Report Notification Letter Dear Mr. Eubanks: In accordance with the Evaluation and Appraisal Notification Schedule posted on the Department of Economic Opportunity's website, the City of Aventura hereby provides notice to the State Land Planning Agency that it has evaluated its Comprehensive Plan and has determined that amendments are necessary to address changes in state requirements pursuant to Section 163.3191 (1), Florida Statues. The City of Aventura will be amending its Comprehensive Plan in 2021 to address the changes in statutory compliance and may also consider amendments to address issues of focal concern. For additional information or clarification regarding this Evaluation and Appraisal Notification Letter please contact me at 305-466-8940 or icarr(cDcityofaventura.com. Sincereiy, rf �� Joanne Carr, AICP Community Development Director cc: Ronald J. Wasson, City Manager David Wolpin, Esq_, City Attorney PLIONE: 305-466-8910 • FAx: 305-466-8919 www.cityofaventura.com ATTACHMENT 2 Ron DeSantis D Dane Eagle GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENTof ECONOMIC OPPORTUNrIY December 1, 2020 Ms.Joanne Carr,AICP Community Development Director City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 RE: Aventura Evaluation and Appraisal Notification Letter Dear Ms. Carr: This is to acknowledge receipt of your Evaluation and Appraisal Notification Letter which was due on January 1,2021, and received by the Department on December 1, 2020. Please note that your proposed comprehensive plan amendments based on your Evaluation and Appraisal should be transmitted to the Department by December 1,2021.within one year of your notification, pursuant to Section 163.3191(2), Florida Statutes. The amendments are subject to the State Coordinated Review Process as outlined in Section 163.3184(4), Florida Statues. Ms. Kelly Corvin of the Department's staff is available to assist and provide technical guidance to your questions concerning the contents of the Evaluation and Appraisal based comprehensive plan amendments and may be reached at(850)717-8503. If you have any questions concerning the processing of the Evaluation and Appraisal based amendments, please contact Mr. Ray Eubanks, Plan Processing Administrator, at (850) 717-8483. Sincerely, D. Ray Eubanks Plan Processing Administrator DRE/me Florida Department of Economic Opportunity i Caldwell Building 1107 E. Madison Street i Tallahassee, FL 32399 850.245.7105 i www.FloridaJobs.orc7 www.twitter.com/FLDEO iwww.facebook.com FLDEO An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons usinq TTY/TTD equipment via the Florida Relay Service at 711. Attachment 3: Request for input in City Newsletter and on Website, 2021 goo/ PROVIDE YOUR THOUGHTS ON THE COMPREHENSIVE PLAN FOR THE CITY'S FUTURE The State of Florida requires local governments to periodically assess the effectiveness of their Comprehensive Plan to adequately address changes in local conditions and changes in the State's policies regarding planning and growth management. This periodic assessment is called a Comprehensive Plan Evaluation and Appraisal Report (E.A.R.). The City of Aventura's E.A.R. is due to the State in December. If you have any comments or suggestions regarding planning and growth management in the City of Aventura, now would be a good time to submit them for consideration while the E.A.R. is being prepared. You may e-mail the City's Community Development Director, Keven Klopp, at kloppk(a)-cityofaventura.com. The current Comprehensive Plan for the City was adopted in 2014 and is available at https://www.citvofaventura.com/207 4 Attachment 4 - Public Input Received From: Pablo Miliani <pm1207@gmail.com> Sent: Wednesday, June 30, 2021 4:05 PM To: Keven Klopp<kloppk@cityofaventura.com> Subject: Comprehensive Plan Evaluation and Appraisal Report(E.A.R.)- Feedback requested Dear Mr. Klopp, Welcome to the City of Aventura, and congratulations on your new position. I have been a long resident of Aventura (since July of 2020), and have seen the City changes over the past two decades. Last year, I was a bit saddened by what I learned about the process of granting CUP near residential properties, basically dramatically altering and affecting residential areas. Specifically, the Development Department recommended, and City Commission granted maximum height and FAR CUP on the premise of entitlements under the green building program, and the comprehensive plan. The quasi judicial process basically shuts down the ability of residents to discuss the matter with its representatives, and I was very disappointed at the low bar then community development setup to recommend the approval. The City asked for very little (gold certification)yet gave the maximum height and maximum FAR allowed under the CUP. And it is debatable that this project actually is aligned with the comprehensive plan. But due to the quasi judicial roadblock, that debate never took place. For example, the comprehensive plan fosters development of walk-through areas, this construction is elevated 6 ft, virtually creating an obstacle to walk-through. Moreover, after the Surfside tragedy, our condominium resident's concerns in regards to a massive tower across the street would be heightened, the same concerns expressed by many at the City Commission meeting where they were completely ignored by their elected and City officials. Setting specifics in the new comprehensive plan to raise the bar when granting CUP is paramount. Better weighting the interest of the residents and business, while preserving the residential outdoor nature of the City are key to avoid future City giveaways to newcomers at the expense of residents that have been decades funding the City Broth.The City should require disclosure of the test/basis under which the Community Development department makes a recommendation,which would also aid residents to understand the benefds of such deviation for them (maximum height and FAR). Understand that some items above would be better if codified, but in the process mentioned I was astonished that everyone used compliance with the comprehensive to clear this giveaway. Clearly, there is room for improvement in the plan. My well wishes to you and your office, your success is the success of the City and all who call Aventura home. Sincerely, Pablo Miliani 5 ATTACHMENT 5 Supplemental Data, Inventory and Analysis for the Coastal Element Coastal High Hazard Area The Sea, Lake, and Overland Surges from Hurricanes (SLOSH) Model updated in 2020 is the best available data for determining the coastal high hazard area pursuant to F.S. 163.3178(2)(h). It is noted that both the earlier and updated SLOSH Model results differ from those in the 2010 South Florida Storm Tide Atlas' that is used for emergency management purposes. The Atlas is a locally refined SLOSH Model application created to provide a finer level of detail than SLOSH, using a smaller grid to capture more localized variations in surface elevations based upon LiDAR data. Sea Level Rise The primary impact of ongoing climate change to the southeast Florida metropolitan areas is the gradual increase in average sea level. Average sea level in southeast Florida has risen approximately 3.9 inches between 2000 and 2017; an increase noticeable only in the lowest areas of southeast Florida, particularly during king tide and wind-driven tide events. As sea level continues to rise, additional areas will be affected by these phenomena from time to time, and the lowest lying areas will be inundated regularly. Storm tides and surges will begin to affect properties previously not vulnerable, and flood events such as these and flash flooding from intense rainfall will take longer to subside due to southeast Florida's low elevations, reliance on gravity to drain stormwater, and a groundwater table that will be closer to the surface because of the hydrostatic pressure exerted by higher sea level, thereby providing less soil capacity for stormwater to infiltrate. Consistently higher seawalls and pump stations will become necessary in some areas to minimize flooding and lower water levels after flood events. Freshwater supplies from the Biscayne Aquifer will be increasingly threatened with increased salinization from seawater intrusion through hydrostatic pressure and potential tidal event contamination. The City utilizes the Unified Sea Level Rise Projection from the Southeast Florida Climate Change Compact ("SEFCCC"). The SEFCCC released its most recent projections in 2019, showing an expected 6-13 inches of sea level rise ("SLR") between 2017 and 2040, and 17 to 36 inches by 2070. These values increase to 10-17 inches and 21-40 inches, respectively, from the year 2000, which serves as the base year for the projections. The projections have a substantial range in variation due to the uncertainty created by the complex interactions among the various factors that contribute to rising seas. Aventura can be expected to experience substantial areas of shallow, permanent inundation at approximately 4 feet of SLR, which would occur as early as 2080 under the NOAA intermediate-high projection, which forms the upper end of the projected range. Affected areas would mostly consist of open spaces, parking lots, roads, and some buildings and structures. The effect of high tides, flash flooding events and storm surge will be amplified by sea level rise within the 50 year horizon. 1 Volume 7-11, Book 2, Miami-Dade County, of the Florida Statewide Regional Evacuation Study Program prepared by the South Florida Regional Planning Council, dated December 15, 2010. Mitigation measures can include maintaining the viability of the stormwater drainage system, addressing repetitive-loss properties, protecting public facilities and infrastructure, and systematically repairing and raising seawalls. Unified Sea Level Rise Projection for Southeast Florida Unified Sea Level Rise Projection 200 (Southeast Florida ReegionBI Climate Change Compact,2019) _ IPCC NOAA 1$p Intermediate NOAA High 175 NOAA Extreme Year Median High {inches) ,e i a (inches) (inches) R160 W } 2W 10 17 21 : 140 �% 136 Y } 3070 21 a0 5d i ' -e N04A High ,u 120 ' c y 2120 40 92 136 f 100 _ { _ rr � • 92 NOAA 50Year Planning Horizon ' �' Intermediate High d; 80 J m u1 64." x 60 5 '� m qp �..r '40 IPCt Median Observed -In 20 5-Year Average 17 Mean Sea Level 21 0 1❑ 1990 2000 2010 2020 2030 2040 2050 2060 2070 2080 2090 2100 2110 2120 Year CLIMATE FIGURE 1-Unified Sea Level Rise Projection CHANGE These projections start frorn zero in year 2000 and are referenced to mean sea level at the Key West tide gauge-Based on the 5-year average of mean sea level,apprexinkvely 3-9 inches of sea level rise has occurred from 2000 to 2017(see historic sea level section of guidance document).The projection includes global curves adapted for regional application:the median of the IPCC AR5 RCP 8.5 scenario(Growing Emissions 5cenaria)as the lowest boundary(solid thin curve),the NOAA Intermediate High curve as the upper boundary for short-term use until (solid thick line),the NOAA High curve as the upper boundary for medium and long-term use(dash dot curve).The shaded zone between the IPCC AR5 RCP 8.5 median curve and the N€3AA Intermediate High is recommended to be generally applied to most projects within a short-term planning horizon.Beyond 2070,the adaptability, interdependencies,and casts of the infrastructure should be weighed to select a projection value between the IPCC Median and the NQAA High curves. The NOAA Extreme curve(dash curve)brackets the published upper range of possible sea level rise under an accelerated ice melt scenario.Emissir-- reductions could reduce the rate of sea level rise signi rantly. Unified Sea Level Titre P.1-6 n:2019 update 10 2019 PROJECTION AND SUMMARY This Unified Sea Level Rise Projection for Southeast Florida updated in 2019 projects the anticipated range of sea level rise for the region from 2000 to 2120(Figure 1).The projection highlights three planning horizons: 1. short term:by 2040,sea level is projected to rise 10 to 17 inches above 2000 mean sea level. 2. medium term:by 2070,sea level is projected to rise 21 to 54 inches above 2000 mean sea level. 3. longterm: by 2120,sea level is projected to rise 40 to 136 inches above 2000 mean sea level. Details of the projection development methodology appear in the next section. The Projection is recommended to be applied in the following manner: • The blue shaded zone between the IPCC median curve and the NOAA Intermediate-High curve is recommended to be generally applied to most projects within a short term planning horizon(up to 2070).The IPCC median curve represents the most likely average sea level before 2070, but is not representative of the realistic interannual and interdecadal variations that will occur with sea level rise values within the blue shaded zone.The IPCC median curve can be used for non critical,low risk projects with short design lives(f50 years)that are adaptable,and have limited interdependencies with other infrastructure or services.All other projects with design lives that end before 2070 should consider values within the blue zone or along the NOAA Intermediate-High curve based on risk tolerance. • For non-critical infrastructure in service during or after 2070,the NOAA Intermediate-High Curve is recommended.Sea level rise is unlikely to exceed the NOAA Intermediate-High Curve by 2100. Lln&h dt a LeM AKepm*Ww:2019 Update The Southeast Florida Regional Climate Change Compact, the South Florida Water Management District, and County officials have also developed a regional Analysis of the Vulnerability of Southeast Florida to Sea Level Rise, including county-level inundation maps (Storm Tide Atlas). The most recently updated sea level rise regional vulnerability assessment, paired with the most recently updated Unified Sea Level Rise Projection, provides the extent and spatial impact of expected sea level rise in Aventura. Miami-Dade County has developed inundation maps for public consumption at the highest available level of detail, shown below for Aventura. These maps illustrate buildings and properties most likely to be threatened by different stages of sea level rise. These illustrations are strictly planning tools, and cannot be relied upon for permitting and insurance purposes. 2070 Projected Inundation Map This map is based upon the NOAA Intermediate-High Projection Inundation depth ranges from Light blue(shallower) to Dark blue(deeper) hx zrsr„ sr 5 � s r - x � H x r � x ` W 3 e 41 �G7rki Sr 'k warenWAYS r r L� * COuirrRr cLne aR • 0 w NE 7n3R0 Sr t a MEMO ° r ° � 1 tiygTH C I` F" A� AYf�SJI �� PLC -•- •'LI Wx � W \ of Yu r r'i�� 56 a+ 4(f 0 �Ikq* CSWY�Sn •S a� 3 K I 1 ' [ N Aventura r k 0 a n w i � y u w 0 s eV �i Source: Miami-Dade County GIS Flooding Vulnerability(miamidade.gov) .lam w /' -!• ��:1q � 'y // 4w OIL. -Awl-~ A*yam 4•�' _ �' v A? sk, r op 44P 7�j pop Aft .4 :♦ s i 4. '�- r. _. md N w 7 Jr- 1 SIC J. .... .tom w � •` r 4 � s ram.�r•t. ' �' �!� � � . •• •; 4. If i lip Xj wra ' SLR ` Jh �• - _ y -f -4 v �,�,• Not J A- Al' i J Source: https://mdc.maps.arcgis.com/apes/webappviewer3d/index.html?id=b92a9fa4ff8847bf97f3e628al95a398 City Flood-Risk Mitigation Programs The City is a participant in the Federal Emergency Management Agency (FEMA) National Flood Insurance Program's(NFIP) Community Rating System (CRS). FEMA provides flood insurance discounts to communities that participate in the CRS based on their floodplain management activities. The CRS requires that the City adopt a Floodplain Management Plan consistent with FEMA NFIP requirements. Miami-Dade County, with input from all participating municipalities in the County, including the City of Aventura, prepared a Multi-Hazard Local Mitigation Strategy (LMS). The original LMS was formally adopted by the City Commission through Resolution No. 2015-40 on July 7, 2015. The five year update of the strategy was issued by the County in July, 2020 and adopted by the City through Resolution No. 2020- 64 on September 8, 2020. The strategy acts as the City's Floodplain Management Plan for NFIP purposes. The LMS is updated on a five year cycle. The current LMS is approved by FEMA for a period of five years, to September 15, 2025. Part 2 of the LMS contains a list of mitigation projects in each of the participating municipalities (link: https://www.miamidade.gov/global/emergency/proiects-that-protect.page). The projects listed for the City of Aventura are: 1. Yacht Club Drive seawall repairs to address flood and flood/storm surge hazards: replacement of existing seawall due to age and deterioration. This includes installation of new piles and plates to secure the seawall. 2. NE 29 Place and Aventura Boulevard to address flood hazards: replacement of existing drainage pipe with significantly larger pipe to provide for more efficient disbursement of stormwater. 3. Yacht Club Drive drainage improvements to address flood hazards: replacement of all pipes, catch basins and manholes due to age and deterioration. 4. Country Club Drive curb improvements to address flood hazards: installation of Type F curbing at road edge to direct stormwater flows more efficiently to catch basins. 5. Development of a Floodplain Management Plan to mitigate flood hazards: obtain grant funds and hire a consultant to prepare a Floodplain Management Plan. The City adopted the July, 2020 Local Mitigation Strategy prepared by Miami-Dade County on September 8, 2020 as the Floodplain Management Plan for the City of Aventura. This project was redirected to preparation of a Comprehensive Stormwater Management Plan for the City. 6. Comprehensive Stormwater Management Plan for the City: evaluation and analysis of the City's existing stormwater system, generation of specific projects and preparation the plan document with associated cost estimates and schedules for improvements, environmental assessment of NPDES and sustainability objectives, sea level rise study and analysis with specific recommendations and costs to address impacts and analysis of the current stormwater utility fee data base for structure and accuracy. 7. Purchase Communications Information Equipment to facilitate communication amongst emergency personnel: including radios and additional cellular phones, to assist emergency personnel in responding to an emergency. This is an ongoing project, replacing and adding radios, cellular phones and other required communication equipment as necessary. In addition, the three projects the City has recently completed are: 1. Yacht Club Drive /213th Street: remove and replace out dated and non-functional drainage. New ADP pipe and basins. 2. Replaced outfall piping on NE 183 St. which were old and deteriorated. 3. NE 29 St. at Aventura Blvd.: remove and replace old pipe; replace with up-sized pipe from concrete to ADP. Replace structures. Mitigation Strategies, Generally The following is a summary evaluation of"soft" and "hard" strategies for coping with sea level rise included in the publication, "Health and Sea Level Rise Impacts on South Florida," dated April 2016 from the Florida Institute for Health Innovation, which can be found on the Southeast Florida Regional Climate Change Compact website. Menu of Hard Infrastruture Strategies: Point when Action may Implementation Strategy Benefits Cost Barriers to Implementation need to be Abandoned Exfiltration Trenches Excess water drains to $250/ft. Significant damage to if groundwater table is aquifer,some treatment roadways for installation, above exfiltration provided maintenance needed,clogging piping, the exfiltration issues reduce benefits efficiency diminishes quickly Infiltration Trenches Excess water gathered from $2501ft.plus pump Significant damage to Complete inundation soil and drained to pump station roadways for installation, means pumps run stations,creating storage maintenance needed,clogging constantly and may capacity of soil to store issues,costs for pump station pump the same water runoff,soil treatment over and over Install stormwater pumping Removes water from Start at$1.5 to 5 NPDES permits,maintenance When full area served stations in low lying areas to streets,reduces flooding million each, cost,land acquisition, is inundated(>3-5 ft. reduce storm water flooding number unclear discharge quality SEA-LEVEL RISE) (requires studies to identify without more study appropriate areas,sites and priority levels) Added dry retention Removes water from $20OK1ac Land availability, maintenance When full area served streets,reduces flooding of pond,discharge kxation is inundated Armoring the sewer system Keeps stormwater out of $500/manhole limited expense beyond capital none (G7 program) sanitary sewer system and cost reduces potential for disease spread from sewage overflows.Major public health solution Relocate Wellfields $20 million assuming $20 million Cost,concern over saltwater When well is inundated westward/horizontalwells locations can be permitted assuming locations intrusion eastandwest, in Biscayne aquifer can be permitted in inundation of wellfields, Biscayne aquifer permitting by SFWMD Salinity/lock structures Keeps sea out,reduces Up to$10 million, SFWMD,western residents, n/a—solution to retard saltwater intrusion may require private property rights sea encroachment and ancillary arguments saltwater intrusion stormwater pumping stations at $2-5 million each Class V gravity wells Means to drain $250K ea. Needs ha Me box,limited flow When full area served neighborhoods volume (1 MGD) is inundated Class I injection wells Means to drain $6 million Needs baffle box When full area served neighborhoods, 15 MGD is inundated Capacity Bioswales Means to drain $0.5 millionlmi land area,flow volume, When full area served neighborhoods, provides maintenance is inundated treatment of water Raise sea walls Protects property $.1-1 million/lot Private property rights, n/a neighbors Regional relocation of locks Creates regional system to $200 million ea. SFWMD,westernresidents, n/a—solution to retard to Puunp stations use coastal ridge to protect private property rights sea encroachment and inland property,keeps arguments protect property which saltwater out can exist at levels below sea level Pump to Everglades via huge volume of water can unknown Water quality When full area served Regional system be removed from urban is inundated area and used to recharge Biscayne aquitbr Pump to Tide huge volume of water can unknown Water quality to reefs,sea When full area served be removed from urban grasses,etc. is inundated area Menu of Soft Infrastructure Strategies Implement"Han Strrrtext• Beerfrta rust Barriers to Impirmrntrefiun Prioritize a data collection strategy that allows for Allows the opportunity to Will vary Challenges with 1HPPA rules more granular data and seas onaldata quantify the health effects of sea- level rise Create policies that protect socially vulnerable Lessens risk of socially Unknown Pressure from developers,rental properties at populations from forced migration due to sea- vulnerable people moving to risk level rise vulnerable areas Redevelopment control ordinances and policies Reduces competition for land by Unknown Pressure from developers,rental properties at removing land from risk,property rights issues. redevelopment Public acquisition of at-risk property Reduces potential for migration May provide Public resistanceor public support to vulnerable property by taking short tent property out of circulation income Increas ed data collection of sea-level rise or flood More complete datasets for Unknown Adherence to data collect ion protocol related vectorand waterbome diseases analysis Increased and improved repotting tools for small Increased avenues for data Unknown Community and professionalbuy-in pop ulations o fin fected individuals that pennit reporting monthlylweekly reporting vs annually Educate heahh practitioners to understandthe Practitioners looking for, Unknown HIPPA rules,competing priorities for potent ial as sociation of dis eas e pattern s with high collecting and reporting data practitioners tide/king tide events and develop protocol to track as sociated to sea-level rise illness patterns Provide preventive meas ures for subject illnesses Reduced risk or severity of Public resistance or public support;budget; where available symptoms adherence Improved reporting tools for health departments Health department has the Unknown HIPPA rules to collect data on illnesses of concern with sea- opportunity to analyze data level rise Develop acommunity-based protocol for Informs residents about their Unknown Acces s to target p opulations;es tablish ing communicating risks vulnerability to sea-level rise relationships with thecommunity; prioritizing health outcomes health outcomes due to sea-level rise Continued and e)aensive outreach about the Though this study focuses on Unknown Access to target p opulations,public interest, relationship between sea-level rise,health and South Florida the message is one support social vulnerability that will resonate nationally and internationally with any community facing the effects of climate change Develop state Data Comrmns where the public, This can be used to better Unknown Ensuring quality of data contributed;state organizations and researchers have acres s to a understand the complex effects buy-in;educating populations about the variety of datasets and intersections of sea-level rise resource with a variety of factors Conduct an economic vulnerability assessment Can associate the effects and Unknown Support intersections ofsea-level rise with economic outcomes and costs Prioritize RCAP recommendations for Water Mitigate the negative health Unknown Political will,Support,Funding Supply,Management and Infiastmcture adding a effects connected with water health lens. supply and contamination due to sea-level rise Prioritize RCAP recommendations for Natural Mitigate the negative health Unknown Political will,Support,Funding Systems adding a health lens effects connected with changes in the natural environment due to sea-level rise Prioritize RCAP recommendations for Mitigate the negative health Unknown Political will, Support,Funding Agriculture ad ding a health lens. effects connected with food supply duc to sca-level rise Conduct a comparative risk assessment for health Will detertmne tipping points for Unknown Funding [previously recommended in the Health Impact diseasein theregion Assessment]. ATTACHMENT 6 RECEIVED FROM DEO DEC. 17, 2021 Agency's Technical Assistance Comrnent(s): The Department has noted that the City's Evaluation and Appraisal Review(EAR)-based amendments were due on December 1,2021. To date,the Department has not received these amendments.Pursuant to Section 163.3191(4),F.S., the City is prohibited from amending its comprehensive plan until the EAR-based amendments are transmitted to the State agencies for review.However,Section 163.3177(6)(i)2, F.S., also provides that each local government must adopt a property rights element in its comprehensive plan by the earlier of the date of its adoption of its next proposed plan amendment initiated after July 1,2021, or the date of its next scheduled evaluation and appraisal of its comprehensive plan. Agency's Comment(s): Section 163.3177(6)(i), F.S. (Ch.2021-19S,taws of Fla.),requires each local government to include a property rights element in its comprehensive plan. The local government has proposed its own property rights element instead of the statement of rights provided by Section 163.3177(6)(i)1.,F.S. The proposed property rights element limits the consideration of property rights matters to"planning and development decisions"as opposed to considering them in all local decision making. i Prior to adoption,the proposed amendment must be revised to consider private property rights in all of the City's local decision making. Please be advised the property rights element adopted by the local government may not conflict with the statement of rights provided under Section 163.3177(6)(i)1.,F.S. To ensure the adopted language does not conflict,the Department recommends that the local government consult with its legal department. Attachment 7 CITY OF AVENTURA ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE 2021 EVALUATION AND APPRAISAL REPORT-BASED AMENDMENTS TO THE CITY OF AVENTURA COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL TO REVIEW AGENCIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature intends that local planning be a continuous and ongoing process; and WHEREAS, Section 163.3191, Florida Statutes, directs local governments to periodically assess the adopted Plan to determine if it adequately addresses changing conditions and state policies and rules; and WHEREAS, Section 163.3191, Florida Statutes, directs local governments to adopt needed amendments to ensure that the plan provides appropriate policy guidance for growth and development; and WHEREAS, the City has reviewed its Comprehensive Plan and has determined that amendments are necessary to meet community goals and to reflect changes in State law; and WHEREAS, the City has timely notified the State of Florida, Department of Economic Opportunity, in accordance with the Evaluation and Appraisal Notification Schedule in Section 163.3191, that such changes are necessary; and WHEREAS, the City has completed its proposed evaluation and appraisal report- based amendments consistent with the requirements of Chapter 163, Part II, F.S.; and WHEREAS, the Local Planning Agency has reviewed the 2021 evaluation and appraisal report-based amendments to the Comprehensive Plan, held an advertised public hearing, provided for public participation in the process and rendered its recommendation to the City Commission; and WHEREAS, the City Commission, upon first reading of this Ordinance, authorized transmission of the evaluation and appraisal report-based amendments to the State of Florida Department of Economic Opportunity and review agencies for the purpose of a State-coordinated Review in accordance with Sections 163.3184 and 163.3191, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: City of Aventura Ordinance No. 2022- Section 1. Recitals. The foregoing facts and recitations contained in the preamble to this Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. Section 2. Amendments to the Comprehensive Plan. The 2021 evaluation and appraisal report-based amendments to the City of Aventura Comprehensive Plan, attached as Exhibit "A" to this Ordinance and as revised to address any objections, recommendations and comments provided by the Department of Economic Opportunity and review agencies, are hereby adopted. Section 3. Severability. 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 4. Inclusion in the Comprehensive Plan. It is the intention of the City Commission and it is hereby ordained that the provisions of Exhibit "A" to this Ordinance shall become and made part of the Comprehensive Plan of the City of Aventura. Section 5. Transmittal. The Community Development Director is directed to transmit the amendments to the State of Florida Department of Economic Opportunity and other review agencies. Section 6. Effective Date. The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date the Department of Economic Opportunity posts a notice of intent determining that this amendment is in compliance. If timely challenged, or if the state land planning agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Economic Opportunity. Page 2 of 20 City of Aventura Ordinance No. 2022- The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Rachel S. Friedland Mayor Enid Weisman PASSED on first reading this 5t" day of April, 2022. PASSED AND ADOPTED on second reading this_ day of 2022. Page 3 of 20 City of Aventura Ordinance No. 2022- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 20 City of Aventura Ordinance No. 2022- EXHIBIT "A" 2021 Evaluation and Appraisal Report-Based Amendments to the City of Aventura Comprehensive Plan Note: Additions to existing text are shown in underline format. Deletions are shown in strike-through format. APPLICATION No. 1 DESCRIPTION OF AMENDMENTS 1. Add a description of the 2021 amendments to the Plan, as follows: The City Commission reviewed its Comprehensive Plan in 2021 and determined that amendments are necessary to reflect changes in State law and to reflect changes in local conditions. The City notified the State, as required by Chapter Rule 73C-49 of the Florida Administrative Code, of its determination. The City sought community input regarding the Comprehensive Plan and needed amendments throughout 2021 and incorporated the input received in the amendments. Thus, the 2021 amendments to the Plan address the following: 1) In 2015, the Florida Legislature passed Senate Bill 1094, titled "Peril of Flood". The law, which became effective July 1, 2015, specified new requirements to be incorporated in a local government's comprehensive plan related to coastal flooding and the related impacts of sea level rise. The 2021 E.A.R.-Based Amendments included herein fulfil these requirements. 2) In 2021, the Florida Legislature passed House Bill 59 regarding Growth Management. The new law, which became effective on July 1, 2021 includes, amongst other things, a requirement that a local government's comprehensive plan add a property _rights element to assure open and transparent decision making as a protection of property rights. The 2021 E.A.R.-Based Amendments included herein fulfils this requirement. 3) An update regarding the condition of local land use and transportation conditions. Page 5 of 20 City of Aventura Ordinance No. 2022- APPLICATION No. 2 INTRODUCTION AMENDMENTS 1. Update the introductory data from the date of the last evaluation and appraisal, as follows: Future Land Use As of 2021 approximately 45% of the City's land area (not counting water, utilities nor rights of way) is residential. 24% is commercial, and 22% is recreation. Less than 10% of the City's land area is made up of industrial uses, community facilities, mixed use development, and vacant land. Of note is that the distinction between lands with residential use and lands with commercial use has begun to fade. The expansion of the mixed-use Town Center districts facilitated many of the changes that have occurred since 2014 when considering land use. Since 2014, three developments substantially reduced the already limited amount of vacant land in the City (Prive'. Park Square and 1212 Aventura) Prive' is purely residential, while the other two developments are mixed use. It is anticipated, based on currently approved and proposed development projects that in the ensuing years, mixed use development and redevelopment will consume the few remaining vacant parcels in the City and continue to transform properties with existing residential or commercial uses. Transportation As of 2021, the City's shuttle bus system boasts an average monthly ridership of 25,000 and has had a total ridership of 2,916,150 since its inception in 1999. The inter-county fixed-route Tri-Rail commuter service is accessible to the residents of Aventura through use of the Golden Glades station. Public transportation needs are also addressed through the use of paratransit services as well as the City's newly added and growing on-demand Freebee bus system. The Florida East Coast (FEC) Railroad runs along the western border of the City. There is currently a train station being constructed on the west side of the FEC tracks that will, via a pedestrian bridge, provide access to Aventura Mall and other City amenities and businesses. This station will be run by Brightline with trains running from downtown Miami to Orlando. Page 6 of 20 City of Aventura Ordinance No. 2022- Note: Additions to existing Goals, Objectives and Policies are shown in underlined text. Deletions are shown in strike-through text. APPLICATION No. 3 CITY OF AVENTURA COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT AMENDMENTS 1. Add Objective 15 and Policies 15.1 and 15.2 as follow: OBJECTIVE 15 The City shall consider the impacts of sea level rise in all planning and decision-making processes, including but not limited to, land use, infrastructure planning, project designs. building and safety codes, emergency management, stormwater management, and water supply. Policy 15.1 The City shall use the most recently updated Southeast Florida Regional Climate Change Compact's Unified Sea Level Rise Projection when determining the risks of coastal flooding due to sea level rise. Policy 15.2 The City will update the supporting data on sea level rise impacts on infrastructure and land use with future updates of the Comprehensive Plan to reflect the latest predicted and observed impacts. 4. Amend Maps section, as follows: This element contains the following maps: Map 1-1: Existing Land Use Map Maps 1-7 to 1-119: Adopted Future Land Use Map Series Storm Tide Atlas Panels to mop the Coastal High Hazard Area (CH HA) MAPS 1-7 to 1-110 ADOPTED FUTURE LAND USE MAP SERIES Map 1-7 Future Land Use Map Map 1-8 Existing Floodplains with Potable Water Facilities &Wellhead Protection Areas Map 1-9 Soils & Minerals with Existing Wetlands Map 1-10 Vacant Land Map Page 7 of 20 City of Aventura Ordinance No. 2022- Map 1-11 Coastal High Hazard Area Map Panels 291 and 310 of the South Florida Qterm T�Atl-as0 Volume 7_1 1 Rook 2 Mwami_Dade County Florida of the Flor�Statewicvvide Regional EyaGI potion Study Program prepared by the South Florida Reoionol Planning Co nniated December 15, 2010 adopted as the host available Data for manning the Coastal High Hazard Area /(`I-HA\ in the City of Ayenturo Page 8 of 20 Coastal High-Hazard Area City of f • �, Legend .,. CHHA-Impacted Land CHHA-Open Water It 015 Source FEMACHHA r • 6;� 1% + * ',•d i %fiw^ City of Aventura Ordinance No. 2022-_ Coastal High-Hazard Area City of Aventura (South) ' •/ !/� � � I tier. I i Legend _ CHHA-Impacted Land CHHA-Open Water t Aventura Crty Boundary 0 0.25 0.5 Mile Source:FEMACHHA AL Page 10 of 20 City of Aventura Ordinance No. 2022- Note: Additions to existing Goals, Objectives and Policies are shown in underlined text. Deletions are shown in strike-through text. APPLICATION No. 4 CITY OF AVENTURA COMPREHENSIVE PLAN TRANSPORTATION ELEMENT AMENDMENTS 1. Amend Objective 1 by adding Policy 1.13, as follows: Policy 1.13 The City shall consider sea level rise projections in all future decisions about the siting, design, construction, rehabilitation, and enhancement of transportation facilities. Page 11 of 20 City of Aventura Ordinance No. 2022- Note: Additions to existing Goals, Objectives and Policies are shown in underlined text. Deletions are shown in strike-through text. APPLICATION No. 5 CITY OF AVENTURA COMPREHENSIVE PLAN INFRASTRUCTURE ELEMENT AMENDMENTS 1. Amend Objective 3 by adding Policy 3.3, as follows: Policy 3.3 The City shall consider sea level rise projections in all future decisions about the siting, design, construction, rehabilitation, and enhancement of stormwater facilities, and Particularly in the coastal high hazard area and any concentrations of repetitive flood loss properties. Page 12 of 20 City of Aventura Ordinance No. 2022- Note: Additions to existing Goals, Objectives and Policies are shown in underlined text. Deletions are shown in strike-through text. APPLICATION No. 6 CITY OF AVENTURA COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENTS 1. Amend Objective 2, Policy 2.1, as follows: Objective 2 Policy 2.1 The capital facilities and infrastructure implications of land use and development plan implementation will be analyzed and set forth with attention to the following: a) safety improvements and elimination of hazards; b) elimination of below-standard conditions and capacity deficits; c) demonstrated linkage between projected growth' and facility service area; d) trade-off between supporting new growth or redevelopment; e) financial feasibility, including operating costs; f) coordination with the capital programming of other public agencies; g) contractual and/or mandated obligations;-and h) maintenance or reduction of hurricane evacuation clearance times; and i) impacts of projected sea level rise. Page 13 of 20 City of Aventura Ordinance No. 2022- Note: Additions to existing Goals, Objectives and Policies are shown in underlined text. Deletions are shown in strike-through text. APPLICATION No. 7 CITY OF AVENTURA COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT AMENDMENTS 1. Add Objective 5, Policy 5.1 and Policy 5.2, as follows: OBJECTIVE 5 Coordinate with the adjacent municipalities and regional agencies to plan for the impacts of projected sea level rise. Policy 5.1 The City shall continue to coordinate with Miami-Dade County, South Florida Planning Council and local coastal governments located within at least two miles of the City's boundaries, including Hallandale Beach, Hollywood. Golden Beach, Sunny Isles Beach, North Miami, and North Miami Beach, to increase regional resilience by sharing technical expertise, participating in summits, assessing local vulnerabilities, advancing agreed upon mitigation and adaptation strategies, and developing joint State and Federal legislation policies and programs. Policy 5.2 The City shall continue to participate in the Southeast Florida Regional Climate Change Compact. Page 14 of 20 City of Aventura Ordinance No. 2022- Note: Additions to existing Goals, Objectives and Policies are shown in underlined text. Deletions are shown in strike-through text. APPLICATION No. 8 CITY OF AVENTURA COMPREHENSIVE PLAN CONSERVATION & COASTAL MANAGEMENT ELEMENT AMENDMENTS 1. Amend Objective 8 by adding Policy 8.2, as follows: Policy 8.2 The City shall not expand utility infrastructure into the coastal high hazard area, and will only make improvements based on public safety, adaptation to sea level rise, and maintenance needs. 2. Amend Objective 10, as follows: Objective 10 The City of Aventura shall implement pre-and post-emergency procedures in accordance with its adopted emergency plans and procedures, as they are amended from time to time, and shall direct populations away from the coastal high hazard area and areas most vulnerable to projected sea level rise, as opportunities arise. Policy 10.1 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 those enacted since construction of the structure, and including standards for elevating and flood-resistant construction. Policy 10.3 Following a natural disaster and prior to the implementation of long-term development, the City shall do the following: Based upon the damage assessment reports prepared in accordance with the City's emergency plans and procedures, the City shall 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. 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. Policy 10.4 Structures which are damaged in excess of fifty percent (50%) of their current replacement value shall be required to be rebuilt to meet all current land development Page 15 of 20 City of Aventura Ordinance No. 2022- requirements, building code requirements and the requirements of the City's flood damage prevention ordinance. Policy 10.6 The City shall utilize the following criteria to distinguish between immediate repair and clean up actions and long-term redevelopment subsequent to a natural disaster. All long_ term redevelopment of damaged facilities within the coastal high hazard area shall include retrofitting or relocation out of such area. 3. Add Policy 10.15 and 10.16, as follows: Policy 10.15 The City shall prohibit the location of new hospitals, nursing homes and assisted living facilities in the coastal high hazard area. Policy 10.16 Eliminate inappropriate and unsafe development in the coastal high hazard area and areas most vulnerable to sea level rise inundation when opportunities arise. 4. Add Objective 10.A, as follows: OBJECTIVE 10.A Employ development and redevelopment principles and strategies to reduce flood damage risk from high-tide events, storm surge, flash floods and the impacts of sea level rise. POLICY 10.A.1 The City shall use the most recently updated Southeast Florida Regional Climate Change Compact's Unified Sea Level Rise Projection when determining the risks of coastal flooding due to sea level rise. POLICY 10.A.2. The City shall consider developing and adopting land development regulations specific to vulnerable areas that include best practice development strategies for protection, accommodation, managed retreat, and avoidance of flooding impacts. POLICY 10.A.3 Page 16 of 20 City of Aventura Ordinance No. 2022- The City shall continue to implement the following actions that are both creditable Community Rating System (CRS) activities and sea level rise adaptation strategies: 1) Public information activities such as providing a count of existing buildings in the special flood hazard area (SFHA), providing the number of new buildings constructed in the SFHA, providing information on substantial improvements to existing buildings in the SFHA: and providing information on issued elevation certificates. 2) Public outreach activities such as informing the public of special flood- related hazards, having a public information and stakeholder delivery program, and having a flood protection section on the City's website. 3) Public assistance activities such as providing flood protection advice after a site visit, and promotion of flood insurance. 4) Mapping and regulation related items such as open space preservation regulations, development limitations, freeboard regulations, local drainage protection regulations, and stormwater management regulations. 5) Flood damage reduction related items such as repetitive loss area analyses. POLICY 10.A.4 The City shall continue to participate in the National Flood Insurance Program Community Rating System (NFIP CRS) administered by the Federal Emergency Management Agency (FEMA) to achieve flood insurance premium discounts for its residents. POLICY 10.A.5 The City shall adopt new design criteria for both public and private seawalls throughout the City. Policy 1-.A.6. The City shall continue to participate in the Southeast Florida Regional Climate Change Compact. 5. Add Objective 103, as follows: OBJECTIVE: 103 Reduce flood losses and claims through site development techniques and best practices. Policy 103.1 Development within the special flood hazard area shall be designed and constructed with methods, practices and materials that minimize flood damage and that are in accordance with the City's flood damage prevention ordinance. Policy 103.2 Page 17 of 20 City of Aventura Ordinance No. 2022- The City will encourage use of best practices to address sea level rise in design and construction of development and infrastructure projects in the coastal high hazard area and portions of the City most vulnerable to inundation from rising sea level. Policy 103.3 The City shall promote the use of pervious pavement and Low-Impact Development (LID) techniques in order to reduce the deleterious effects of runoff on adjacent ecosystems and property owners through land development regulations and incentive programs. LID is defined as an ecologically-based stormwater management approach favoring soft engineering to manage rainfall on site through a vegetated treatment network (University of Arkansas Community Design Center, 2010. Policy 103.4 The City shall incorporate use of pervious pavement. LID techniques, or both into new public projects within special flood hazard areas and the coastal high hazard area. Policy 103.5 The City shall mitigate hazards by continuing to enforce the Florida Building Code, Land Development Regulations, stormwater drainage level of service standards, and the State of Florida Department of Emergency Management's Model Ordinance Program, which has been adopted into the land development regulations within the City's Code of Ordinances. Policy 103.6 The City shall continue to require building construction techniques consistent with, or more stringent than, the flood-resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in Title 44 C.F.R. Part 60. 6. Add Objective 10.C, as follows: OBJECTIVE 10.0 Reduce risk of flooding within the coastal high hazard area and special flood hazard area from tidal, storm surge and flash flood events, and from the effects of sea level rise, through engineering solutions when opportunities arise. Policy 10.C.1 Page 18 of 20 City of Aventura Ordinance No. 2022- The City shall develop minimum seawall elevation standards and strategies for requiring or causing the repair, enhancement, or replacement of seawalls located on both public and private properties, based upon existing conditions, year of projected impacts and economies of scale to reduce cost, ensure a comprehensive approach, and minimize disruption from flooding. Strategies may include a combination of regulations (such as requiring repair or enhancement of seawalls as a condition of permits for other work on waterfront properties) and funding strategies (such as grants and assessments) for the City to undertake the work on a phased city-wide basis. Policy 10.C.2 The City shall implement the recommendations of the Stormwater System Improvement Plan as funding allows. 7. Amend Objective 12, Policy 12.9, as follows: The coastal high hazard area shown on Map 1-11 of this element, `"'hinh offentc these lands shown on Pa Is 29911 and 310 ("Panels") of the South Florida Cte m Tide Volume 7_1 10 Book 20 Miami Dade County, of the Florida Statewide Regional EyaGI ation Study Program prepared ��South Florida Regional Planni GeunGildated DeEem er 15, 2010, its d"e`"fined as the area below the `ellev'atiion of the Category 1 storm surge line as established by a Sea, Lake and Overland Surges from Hurricanes (SLOSH) computerized storm surge model updated for South Florida in 2020. The Panels are adopted as the best available data for mapping the Coastal High Hazard Area (CHHA) in the City of Aventura. Application of mitigation and the application of development and redevelopment policies in the Coastal High Hazard Area (CHHA), pursuant to s. 380.27(2) of the Florida Statutes, and any rules adopted thereunder, shall be at the discretion of the City, consistent with this Element. Page 19 of 20 City of Aventura Ordinance No. 2022- Note: Additions to existing Goals, Objectives and Policies are shown in underlined text. Deletions are shown in strike-through text. APPLICATION No. 9 NEW CITY OF AVENTURA COMPREHENSIVE PLAN PROPERTY RIGHTS ELEMENT Property Rights Element Goal The City of Aventura will make decisions with respect for property rights and with respect for people's rights to participate in decisions that affect their lives and property. Obiective 1 The City of Aventura will respect judicially acknowledged and constitutionally protected Private property rights. Policy 1.1 The City of Aventura will consider in its decision-making the right of a property owner to Physically possess and control his or her interests in the property, including easements. leases, or mineral rights. Policy 1.2 The City of Aventura will consider in its decision-making 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. Policy 1.3 The City of Aventura will consider in its decision-making the right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. Policy 1.4 The City of Aventura will consider in its decision-making the right of a property owner to dispose of his or her property through sale or gift. Page 20 of 20