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Ordinance No. 2022-09 Adopting 2021 Evaluation and Appraisal Report-Based Amendments to Comp Plan - July 19, 2022 CITY OF AVENTURA ORDINANCE NO. 2022-09 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-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-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-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; and City of Aventura Ordinance No. 2022-09 WHEREAS, the City Commission has reviewed the Objections, Recommendations and Comments (ORC) report received from the State of Florida Department of Economic Opportunity and the amendments as updated to address the State's comments, held an advertised public hearing, and provided for public participation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: 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-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 Page 2 of 21 City of Aventura Ordinance No. 2022-09 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. The foregoing Ordinance was offered by Commissioner Narotsky, who moved its adoption on first reading. This motion was seconded by Commissioner Landman and upon being put to a vote, the vote was as follows: Commissioner Billy Joel Yes Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Rachel S. Friedland Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner Dr. Marks, who moved its adoption on second reading. This motion was seconded by Vice Mayor Landman, and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Denise Landman Yes Mayor Enid Weisman Yes Page 3 of 21 City of Aventura Ordinance No. 2022-09 PASSED on first reading this 5th day of April, 2022. PASSED AND ADOPTED on second reading this 19th day of July, 2022. • ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVAT , MMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: k 7��t ._'-r Al CITY ATTORNEY Page 4 of 21 City of Aventura Ordinance No. 2022-09 EXHIBIT `A' 2021 Evaluation and Appraisal-based Amendments to the City of Aventura Comprehensive Plan APPLICATION No. 1 DESCRIPTION OF AMENDMENTS Note: Additions to existing text are shown in underline format. Deletions are shown in strike-through format. 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 21 City of Aventura Ordinance No. 2022-09 Note: Additions to existing text are shown in underline format. Deletions are shown in strike-through format. Revisions between 1st and 2nd reading are shown as bold. APPLICATION No. 2 INTRODUCTION AMENDMENTS 1 . Update the introductory data from the date of the last evaluation and appraisal, as follows: The planning horizon (timeframe for effectiveness) of the Comprehensive Plan, as of the adoption of the 2021 Evaluation and Appraisal Report-Based Amendments. is 2032. The Policies included herein are auidelines for the implementation of the Plan within that timeframe, while a time period of 5 years was utilized for identification and evaluation of study parameters and policy development. 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 21 City of Aventura Ordinance No. 2022-09 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 1-110: Adopted Future Land Use Map Series Storm Tide Atlas Panels to moo the Coastal High Hazard area (('I-HA) MAPS 1-7 to 1-110ADOPTED FUTURE LAND USE MAP SERIES Map 1-7 Future Land Use Map (Revised with 2021 EAR) 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 21 City of Aventura Ordinance No. 2022-09 Map 1-11 Coastal High Hazard Area Map Panels 291 and 310 of the South Florida Storm T�Ttla?0 Volume 7_11 Rook 2 Mmarni_Dade County, Florida of the CIor�Statewi�Tpponal EyaG potion Study Program prepared by the South Florida L?eoionol Planning Counoicri sated DeGerver 15 2010 adeptedas the host available Data for mopping the Coastal High Hazard Area /(`I--II IA\ in the City of Ayenti pro CHHA-REVISED MAPS Page 8 of 21 City of Aventura Ordinance No. 2022-09 340WARd COUNTY - MIAMI—OAOE COUNTY AppITOWL AWACENT LAW! 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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 12 of 21 City of Aventura Ordinance No. 2022-09 Note: Additions to existing Goals, Objectives and Policies are shown in underlined text. Deletions are shown in strike-through text. Revisions between 1s' and 2"d reading are shown as bold. APPLICATION No. 5 CITY OF AVENTURA COMPREHENSIVE PLAN INFRASTRUCTURE ELEMENT AMENDMENTS 1 . Amend Objective 3 by adding Policy 3.3, and create Objective 6 and Policy 6.1 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. Objective 6 The City of Aventura shall consider sea level rise projections in all future decisions about the siting, desjgn, construction, rehabilitation, and enhancement of potable water and sanitary sewer facilities. Policy 6.1 Pursuant to Miami-Dade DERM requirements, all public wastewater and potable water collection and transmission systems shall be protected from floodwaters and inflow by having all mechanical and electrical equipment and all system openings placed above the Base Flood Elevation plus applicable freeboard and sea-level rise. Freeboard shall be no less than 24 inches for systems that serve essential facilities (e.g., hospitals) and facilities that are required to have an emergency generator by law. and 12 inches for all other systems. When the required minimum elevations cannot be attained for system openings e.g.. manholes,wet wells), openings shall be elevated to be protected from a 10-year storm and include water-tight and bolted covers/hatches. The entire assembly, structure. ring. frame, etc., shall be water-tight to sustain as a minimum, a water column pressure equivalent to the difference between opening elevation and minimum required elevation. Note: Additions to existing Goals, Objectives and Policies are shown in underlined text. Deletions are shown in strike-through text. APPLICATION No. 6 Page 13 of 21 City of Aventura Ordinance No. 2022-09 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;-apd h) maintenance or reduction of hurricane evacuation clearance times; and i) impacts of projected sea level rise. Page 14 of 21 City of Aventura Ordinance No. 2022-09 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 15 of 21 City of Aventura Ordinance No. 2022-09 Note: Additions to existing Goals, Objectives and Policies are shown in underlined text. Deletions are shown in strike-through text. Revisions between 1s' and 2"d reading are shown as bold. 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 16 of 21 City of Aventura Ordinance No. 2022-09 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. Page 17 of 21 City of Aventura Ordinance No. 2022-09 POLICY 10.A.3 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 in conformance with the most recently adopted Miami-Dade County Flood Criteria map. Policy 1-.A.6. The City shall continue to participate in the Southeast Florida Regional Climate Change Compact. 5. Add Objective 10.13, as follows: OBJECTIVE: 10.113 Reduce flood losses and claims through site development techniques and best practices. Policy 10.113.1 Page 18 of 21 City of Aventura Ordinance No. 2022-09 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 10.B.2 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 10.B.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 10.B.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 10.B.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 10.B.6 The City shall continue to require development and redevelopment as well as buildin construction techniques be 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. Policy 10.B.7 Page 19 of 21 City of Aventura Ordinance No. 2022-09 The City will consider, in all susceptible flood areas, remediating repetitive loss properties or acquiring repetitive loss properties for open space. 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 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, `"'hiGh affects these lands shown on Pape Papels 29911 and 310 ("Panels") of the South tem Tide On Volume 7_1 1r Beek 2, Miami_Dade County, of the Florida Statewide Regional EvaG iatier Study Program prepared ithe outh Flnrio da Regionnal Planning i inniidated DeGernber 15, 2010, is defined as the area below the elevation 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 adepted as the best available data for mapping the Coastal High Hazard Area (CHHA) irl the City ^�vernrtuia 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 20 of 21 City of Aventura Ordinance No. 2022-09 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. Objective 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 21 of 21