FLORIDP City of Miami Climate Resilience Committee Meeting Agenda October 28, 2024 6:00PM Miami City Hall Mission 3500 Pan. American Drive, Miami, FL3 33133 The Climate Resilience Committee" ("Committee": shall serve in an advisory capacity to the City Commission and 1. The Committee. shall recommend changes to the City Code and any City policy necessary to help the City, its residents, businesses, institutions, and natural systems adapt to, prepare for, and thrive in the various stresses related to climate change, including but not limited to emissions of greenhouse gases, increasing flood risks, increasing groundwater levels, more intense storms resulting in high tides and storm surges, increasing high heat days, salt water intrusion, drought, extreme weather events, and water and vector- 2. The Committee shall have the responsibility to review and evaluate issues related to the use, disposition, and/or development of City-owned waterfront property and shall provide advice to the City Commission concerning those issues and only such other matters as are referred to it by the City Commission in regard to City or public land abutting water. The City Commission shall not be bound by any recommendation or advice received from the Committee. The Committee is expected to be aware of City policies concerning development and coordinate. its endeavors with other City committees and boards which will be affected by the Committee'srecommendations. Nothing herein is intended to interfere with or conflict with anye existing provisions in the City Charter or City Code setting forth procedures concerning the development and/or shall have thej following. specific duties: borne illnesses. disposition ofCity-owned waterfront property. Aaron DeMayo, Chair, D2 Nkosi Muse, Vice Chair, D5 Wayne Pathman, Esq., Member, D3 Adrian Plasencia, Emergency Manager-Assistant Fire Chief, Member, City Manager Avra. Jain, Founder-Vagabond Group, Member, At-Large Sarahi A. Perez, Member, At-Large (between ages of18-25) Silvio Frank Pupo-Casco, Member, D1 Vacant Member, Mayor Vacant, District4 City staff:. Sonia Brubaker, Chief Resilience Officer; Alissa Farina, Assistant Chief Resilience Officer, James Brako, Assistant City Attorney, Miriam Flores, Special Project Coordinator Welcome to the city of Miami's climate resilience committee meeting. These meetings can be virtually attended by accessing the live stream link at the climate resilience committee homepage at MAMIGOV.cOmICRC: You may submit public comment for this or future meetings through the link on that/ page. We willl review and discuss virtual public comment submissions during our public comment, periods at the beginning and end ofe each meeting. Roll Call - 6:00 PM II. Public Comment - 6:05 PM (Public comment will be limited to. 2 minutes per person) III. Approval of CRC Minutes for. July 15th Regular Meeting and September 10th Workshop Meeting - 6:10PM IV. Presentations- - 6:15pm a. Commodore Trail Master Plan Lorraine Rosado-Pietri, P.E., Capital Improvements Program b. DTPW Rickenbacker Causeway Master Plan-( (25 minutes, presentation and discussion) Landscape of mangroves in Miami Teej Ragsdale, CEO, Raad Labs & Jacob' Werbin, CTO, (25 minutes, presentation and discussion) Raad Labs (25 minutes, presentation and discussion) V. Items tol be' Voted on - Municipal Solid Waste Management Resolution VI. Old Business/Review of Action Items-7 7:30PM VII. City-Owned Waterfront Projects -none VIII. Office of Resilience and Sustainability (ORS) Updates-7:35PM a. Back Bay b. Legion Park Community Meeting Update a. September 2024 King Tide Records IX. Open Discussion/Other Items - 7:40P PM X. Future Agendas-7:50PM XI. Public Comment- - (limited to. 2 minutes per person) -7:55PM XII. Adjourn- - 8:00PM no later than 2 hours after the meeting called to order. Note: Next meeting scheduled November 4, 2024 OF LORID! City of Miami Climate Resilience Committee (CRC) Workshop Meeting Minutes September 10, 2024 6:00 PM Miami City Hall Mission 3500 Pan American Drive, Miami, FL 33133 The Climate Resilience Committee" ("Committee"): shall serve in an advisory capacity to the City Commission and shall have the following specific duties: 1. The Committee shall recommend changes to the City Code and any City policy necessary to help the City, its residents, businesses, institutions, and natural systems adapt to, prepare for, and thrive in the various stresses related to climate change, including but not limited to emissions of greenhouse gases, increasing flood risks, increasing groundwater levels, more intense storms resulting in high tides and storm: surges, increasing high heat days, salt water intrusion, drought, 2. The Committee shall have the responsibility to review and evaluate issues related to the use, disposition, and/or development of City-owned waterfront property and shall provide advice to the City Commission concerning those issues and only such other matters as are referred to it by the City Commission ini regard to City or public land abutting water. The City Commission: shall not be bound by any recommendation or advice received from the Committee. The Committee is expected to be aware of City policies concerning development and coordinate its endeavors with other City committees and boards which will be affected by the Committee'srecommendations. Nothing herein is intended to interfere with or conflict with any existing provisions in the City Charter or City Code setting. forth procedures concerning the development and/or disposition of extreme weather events, and water and vector-borne illnesses. City-owned waterfront property. Aaron DeMayo, Chair Nkosi Muse, Vice Chair Wayne Pathman, Esq., Member Adrian Plasencia, Member Avra. Jain, At-Large Seat Vacant, Mayor's Seat Sarahi A. Perez, At-Large Seat, (between age of 18-25) Silvio Frank Pupo-Casco, Member, D1 Vacant, Member, D4 Roll Call-6:10PM Climate Resilience Committee (CRC) members present. Nkosi Muse, Adrian Plasencia, Sarahi Perez and Silvio Pupo Absent: Avra. Jain, Aaron DeMayo, Wayne Pathman Sonia Brubaker, James Brako, Alissa Farina, and Miriam Flores City Staff present. Nkosi Muse asked James Brako, Assistant City Attorney for protocol procedures due we follow the rulesa as to James Brako - You: should take attendance, but you cannot take official actions or votes during a workshop. II. Approval ofr minutes for. June 3rd regular meeting. deferred to October 7th meeting due to no quorum. IV. Presentations- - DTPW Rickenbacker Causeway Master Plan- Cancelled, deferred for another date. roll call and other things. II. Public Comment - Written in public comments located at the end of the minutes. V. Items to be voted on- None VI. OldE Business/Review of Action Items a. Recommendations for FY24-25 City Budget Alissa Farina Nkosi Muse First budget hearing was on Saturday, September 10th andi for public to provide comments. Second Budget hearing will be on Thursday, September 26, 2024, at 5:05pm. Asked. James if any recommendation could be provided. James explained you need a quorum to vote. Nkosi reminded members they can go to the budget hearing and provide input. Did Aaron want us to vote on this handout. Alissa explained this is supplemental material related to the budget conversation. We developed from previous discussion meetings and are sharing materials with members to think about and to assist as a context reference for next year budget when the committee develops the budget for next fiscal year. b. Ground Floor Height Flood Protection -deferred Miami Baywalk Mangrove Planting Benefits Silvio Pupo Biscayne Bay Green Way, who is responsible. Alissa explained thel bay walki is a public private partnership. Typically, the landowner is responsible who owns abutting property to the waterfront to construct and maintain their portion. City contributes to portions that link those Suggest some sort of budget should bei in place to maintain a mangrove. Will add it toi the private components. resolutions for next month. Nkosi Muse d. Update to Amendment to Mangrove Ordinance - deferred Nkosi Muse Resolution in front of you will speak on this next month and have someone come in and speak. VII. City-Owned Waterfront Projects -none VIII. Office of Resilience and Sustainability (ORS) Updates = Alissa Farina a. Heat Plan Public review started in April end date extended to 1st week of August and we updated documents. b. Public EVI Roadmap We are applying for a1.8 million for federal assistance to install chargers and charging portsi in CRC recommendations were in the legislation heard on July 25th City Commission meeting. R R-24-0282-Parrot: Jungle Trail, Redevelopment Agreement,1111 Parrot. Jungle Trail. d. Coastal cleanup is coming up next week. Over 69 sights this year recommended for yout to volunteer. Jim Murley retiring at the end oft this month. Thet first CROi in Miami Dade. Ijust want to recognize him. ten locations throughout the city. Update on Waterfront Projects Resolutions numbers: R-24-0281-Watson Harbor, 888 MacArthur Causeway. Acknowledgment passing of Michael Clarkson. IX. Open discussion/Other Items Silvio Pupo - Asked if anyone heard anything on the new ordinance for flooding and impervious You have a legislative item in your packet in front of you. Legislation recently passed from the building department. Similar to the county, we are looking at recertifications for on-site drainage for private properties. Something for you to review to understand the city's programs. Silvio Pupo - Asked about the Biscayne Bay Commission not sure how to get ont that. Alissa Farina explained There are representatives from the Miami river commission, there are stakeholders on behalf 0 the Miami river on the commission as well. The Miami rivers commission isa state board that serves on behalf of the Miami River. No city of Miami staff on this board we do Silvio Pupo - asked about putting a Bus Shelter at NW 36s street and 13th Ave, it'sg going to be aj private surfaces? How do we stay proactive about impervious surfaces Alissa Farina attend meetings. school, they are looking fort trees. Alissa will looki into it. a. Miami-Dade County Draft Urban Forestry Plan Silvio Pupo Spoke about different strategies. Coordination with parks, public arborist and municipal partnership. Recommend the city science program and storm drainage. Using, citizen science they Alissa Farina city has staff working on tree canopy. We work collaboratively with the county. Alissa Farina advised presentation listed are not sequenced int this order. You can email our officei ify you have a presentation with as summary on thei item and will let the chair no when we discuss the agenda. a. Project Review - Margaret Pace Park- Keith Ng, Senior Project Manager, Capital Improvements Program would advance training retraining city staff regarding tree preservation. X. Future Agenda (20 minutes, presentation & discussion) b. Commodore Trail Master Plan Presentation-Lorrain Rosado-Pietri. XI. Public Comment Albert Gomez - To Silvio point on having budget for community engagements we need it. On the Tree dashboard on Forestry Planning, we should have a tree dashboard. Feel this is important we should have some tree relocation for trees to replant them or move them to another location. We should have some visibility where we can move them or have people buyt them. XII. Adourn-Adjourned at 8:00pm (Nextr meeting scheduled for October 7, 2024) 2 September 10, 2024, Public Comments for CRC Meeting Public Comment moteroomamgowcom Are youa lobby ist? First Last Email Nam Nam Addre Address e e SS Agend al Item Public Comment Most existing buildings inN Miamit that arei int the hurricane storms surge zone are not readyf fors severe flooding, hurricane storms surge and winds, and seal level rise. Programs toi incentivize large building owners (commercial and multi-family)t tor make capitali investments inr resilience arer needed sooner than later. The Cityl has several, publicly-funded, flooda adaptation projects, including: road raising, enlarged stormwater system andp pumps stations, seawall upgrades, But, significant adaptation gaps remain. Groun Large buildings are the" "economic backbone" of Miami. There needt to! ber more incentives for building owners to make their buildings resilient, like reale estate tax Floor abatements for resilience measures implemented and accelerated depreciation, etc. To Height accelerate resilience of buildings and the community, owners ofl large, existing Flood buildings need toi identify flood, extreme weather, natural hazards, and climate Protec exposures that currently threaten to damage buildings and how those hazards and damages may become worse over time as climate changes (under various climate scenarios). Building owners then need to conduct vulnerability and value- at-risk assessments forl large buildings in! Miami to determine whether a damaged! building may cause material" financial risks" tot the ownership. Then, the owners need toi identify what measures cant feasibly and cost- effectively bet takent tor reduce ore eliminate those risks and create! 5-year Capex/Opex Planst tor mitigate risks at high-hazard assets. 2385 NW Executi 2. albert ve slap Center d @risk Drive footpr Suite int.co 100, m Boca Raton, tion FL 33431 Albe Slap rt No 3 Al RESOLUTION OF THE MIAMI CLIMATE RESILIENCE COMMITTEE RECOMMENDING TO THE MIAMI CITY COMMISSION AN ORDINANCE AMENDING CHAPTER 38/ARTICLE VII/SECTION 38- 249 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATIONMIAMI BAYWALK GREENWAY ALONG BISCAYNE BAYI MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY," SPECIFICALLY BY REMOVING SUBSECTION (G) TO ELIMINATE THE PROHIBITION OF PLANTING MANGROVES ALONG THE MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, climate resilience is an increasingly important matter, especially for the City of WHEREAS, pursuant to Section 2-1271 of the Code of the City of Miami, Florida, as amended, ("City Code") the Climate Resilience Committee ("CRC") duties include changes to the City Code and policies necessary to help the City, its residents, businesses, institutions, and natural systems adapt to, prepare for, and thrive in the various stresses related to climate change, including but not limited to emissions of greenhouse gases, increasing flood risks, increasing groundwater levels, more intense storms resulting in high tides and storm surges, increasing high heat days, salt water intrusion, drought, extreme weather events, and water and vector-borne illnesses; and Miami ("City"); and WHEREAS, the CRC further has the responsibility to review and evaluate issues related to the use, disposition, and/or development of City-owned waterfront property and shall provide advice tot the City Commission concerning those issues and only such other matters as are referred to itby WHEREAS, on April 14, 2022, the City Commission adopted with modifications Ordinance No. 14059, which established the Miami Baywalk Greenway along Biscayne Bay ("Baywalk Greenway the City Commission in regard to City or public land abutting water; and Ordinance"); and WHEREAS, one of the modifications made during second reading of Ordinance No. 14059 was WHEREAS, hybrid shorelines that utilize a combination of grey and green infrastructure are WHEREAS, as sea level rises and tropical cyclones increase in severity, the City's need for WHEREAS, mangroves function as an effective and resilient natural buffer along shorelines by to prohibit the planting of mangroves along the Baywalk Greenway; and important to the City's waterfront resilience; and resilient and adaptive shorelines is greater than ever; and attenuating wave energy and stabilizing shoreline sediments; and WHEREAS, mangroves also improve water quality; and WHEREAS, mangroves create natural habitat for native species (especially for juvenile fish), WHEREAS, mangroves also reduce urban heating, providing additional space for residents to improving biodiversity and overall water health; and find respite from dangerous heat that is intensified by urban development; and WHEREAS, mangroves also sequester significant amounts of carbon; and City of Miami Page 1of3 Filel ID: File ID: Enactment Number: WHEREAS, the multiple benefits of mangroves make them a critical tool in establishing CO- benefits by maintaining the health of Biscayne Bay, habitat to many rare, threatened, and endangered species, as well as an economic hub for Miami-Dade County per the 2023 Biscayne Bay economic study; and WHEREAS, the multiple benefits of mangroves also make them a critical tool in assisting goals outlined in the City's comprehensive Miami Forever Climate Ready Strategy, Miami Forever Carbon WHEREAS, utilizing mangroves at the City level will also assist Miami-Dade County in reaching resilience goals outlined int the Climate Action Strategy and GreenPrint Sustainability Plan; and WHEREAS, the US Army Corps of Engineers Miami-Dade Back Bay CSRM Feasibility Study seeks to incorporate nature based solutions such as mangroves into coastal storm risk management WHEREAS, prohibiting mangrove planting along the Baywalk Greenway would reduce the City's ability to design a resilient shoreline and contradict all local resilience planning initatives; and WHEREAS, prohibiting mangrove shorelines directly contradicts the intent of the Biscayne Bay Aquatic Preserve rule codified at 259.397 F.S. and 18-18F F.A.C.: to restore and enhance the essentially natural conditions (ergo, mangrove shorelines) that existed prior to significant development. Neutral Strategy, and City of Miami Greenhouse Gas Reduction Plan; and per the 2024 Integrated Feasibility ReporuEnvronmenta. Assessment; and WHEREAS the CRC finds that iti is in the best interest of the City and its residents to recommend to the City Commission that Section 38-249 of the City Code be amended to eliminate the prohibition of planting mangroves along the Baywalk Greenway; and NOW, THEREFORE, BE IT RESOLVED BY THE CLIMATE RESILIENCE COMMITTEE THE Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted Section 2. The Climate Resilience Committee hereby recommends to the City Commission that CITY OF MIAMI, FLORIDA: by reference and incorporated as iffully set forth in this Section. Chapter 38, Article VII, of the City Code be amended in the following particulars:' "CHAPTER 38 PARKS AND RECREATION Article VII. MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY. Sec. 38-249. Miami Baywalk Greenway Along Biscayne Bay. 1Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged.. Asterisks indicate omitted and unchanged material. City of Miami Page 2of3 File ID File ID: Enactment Number: (a) The designation of the "Miami Baywalk Greenway along Biscayne Bay" (sometimes referred to as "Baywalk Greenway") creates and identifies the waterfront baywalk along Biscayne Bay, as well as recognizes the Baywalk Greenway as al linear public-private park under the City's park inventory, subject to certain restrictions and in no way impacting private property rights consistent with all applicable laws and existing regulations. The Miami Baywalk Greenway along Biscayne Bay is tol be located on public lands and, as described herein, on private lands. (b) Public rights-of-way may be included within the Baywalk Greenway, but not part of the City's (c) Public access on the designated Baywalk Greenway will be provided as agreed to and determined by the City and consistent with all established laws and regulations. (d) Inclusion of land within the Baywalk Greenway shall not affect or change thei taxable nature of (e) The land within the Baywalk Greenway shall not be utilized towards the City's no net loss policy park inventory. the land. for public park land. (f) Park impact fees shall not be used for the Baywalk Greenway. g-The-plantingeHmaPgreVeS-a19ng-h8-BaywaKGHeePWay-S-ProhbHed- Section 3. This Resolution shall become effective immediately upon adoption. City of Miami Page 3of3 File ID CITYOF Miami Official websites ofthe City of Miami Log in I Help I Register Search Back le Maln Sie Print This Page Welcome eetlngs Aechlved Vidaes Notlicas Beards and Commiees OF Mi Miami FL Resolution R-24-0281 2049.00A417 G FLORIDP Information Department: Category: Attachments Commissioners and Mayor Sponsors: Elected Official Item Commissioner, District Two Damian Pardo Agenda Summary and Legislation 16359 Exhibit A 16359 Back-Up Documents-SUB 16359 Substitution Memo from City Attorney 16359 Legislation-SUB 16359 Submittal-Grady, Muhammad-Letter Packet 16359 Submittal-Grady, Muhammad-Video Presentation-Mayor Carollo Speaks at 1.46.22 Body/Legislation Florida ("Property"); and WHEREAS, the City of Miami ("City") owns the property located at 888 Macarthur Causeway, Miam WHEREAS, the City and Flagstone Island Gardens, LLC, a Delaware limited liability company (Flagstone)entered into that certain Master Development Agreement ("MDA"), dated April 13, 2020; and WHEREAS, the MDAI included as exhibits () the form of Generic Ground Lease Terms (Rider 1) (the "Form Rider 1"), (i) the form ofLuxury Hotel Lease (the "Form Luxury Hotel Lease"), (ii) the form of Lifestyle Hotel Lease (the "Form Lifestyle Hotel Lease"), and (iv) the form of Residences Lease (the "Form Residences Lease", together with the Form Luxury Hotel Lease and Form Lifestyle Hotel Lease, collectively, the "Form Base Leases", together with the Form Rider 1, collectively the "Form Leases", and together with the MDA and other agreements governing the Property including that certain Amended and Restated Project Declaration, the "Agreements"),: and WHEREAS, the City and Flagstone entered into that certain Retail Component Ground Lease and that WHEREAS, Flagstone assigned its rights under the MDA to require the City to enter into the Luxury Hotel Lease, the Residences Lease, and the Lifestyle Hotel Lease to Tenant by execution of that certain MDA Assignment of Rights dated as of April 12, 2023. As of the Amendment Date, the Luxury Hotel Lease, the certain Parking Component Ground Lease, each dated April 13, 2020; and Residences Lease, and the Lifestyle Hotel Lease do not yet exist; and WHEREAS, Flagstone transferred 100% of its interest in the Retail Component Ground Lease and the Parking Component Ground Lease to Tenant pursuant to that certain Assignment and Assumption of Retail Ground Lease, and that certain Assignment and Assumption of Parking Ground Lease, each dated as of April 12, 2023; and WHEREAS, Tenant requests to waive bidding in City Charter Section 29-C and extend the term of the Retail Component Ground Lease, the Parking Component Ground Lease, and the Lifestyle Hotel Lease by twenty-four (24)! years (to a total of ninety-nine (99) years); and WHEREAS, Tenant requests to waive bidding in City Charter Section 29-C to acquire the City's interest as landlord in a portion of the Property, specifically the approximately 3.2 acres that will be subject to the Luxury Hotel Lease and the Residences Lease; and WHEREAS, Tenant wishes to amend the Agreements to allow the fractional (i.e., timeshare) units to WHEREAS, Tenant wishes to amend the Agreements to allow for office use at the Property; and WHEREAS, Tenant's proposal, based on the above recitals, is more generally described in the dra WHEREAS, at its regularly scheduled meeting on July 15, 2024, a majority of members of the City Miami Climate Resilience Committee, voted in favor of supporting the proposed redevelopment, as descri become fee simple condominium form of ownership; and Term Sheet included in this agenda package as background information; and, herein; and WHEREAS, the City Commission of the City of Miami has determined that the Agreements, as ame by the Amendments, will be in the City's best interest; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. In accordance with the provisions of Sections 3 and 29-C of the Charter of-the City of Miami, Florida, as amended ("Charter"), and S 6.03 of the Miami-Dade County Home Rule Charter, a Referendum Special Election is to be called and directed in the City of Miami, Florida, from 7:00A A.M. until 7:00 P.M. on Tuesday, November 5, 2024, the purpose of submitting to the qualified electors of the City for their approval or disapproval of the proposed Charter Amendment for the Agreements, as amended by the Amendments as stated herein. Section 3. Section 29-C of the Charter is proposed to be amended in the following particulars:[1] CHARTERAND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER Sec. 29-C. Same - Watson Island. Notwitnstanding any provision to the contrary contained ini the Charter or Code of the City of Miam sale, conveyance, lease or management agreement may be entered into for the management, occupancy use of the area known as Watson Island for periods greater than one year unless (1) there shall have bee prior to the date of the City Commission's consideration of such sale, lease, management agreement, an advertisement soliciting proposals for said sale, lease or management agreement, published in a daily newspaper of general paid circulation in the City, allowing not less than ninety (90) days for the City's receip proposals from prospective purchasers or lessees, said advertisement to be no less than one-fourth page and the headline in the advertisement to be in a type no smaller than 18-point; and, (2) the proposed transaction be approved by a majority of the votes cast by the electorate at a referendum. The procedures for selection of proposals shall be those provided by Charter section 29-A(c) or (d) as appropriate and/or by applicable City Code provisions. Nothing herein shall affect the existing rights or privileges, if any, of any lessee, permittee, licensee or concessionaire currently situated in said area; however, any enlargement, amendment, transfer, or increase in those rights or privileges as may be in existence at the time this amendment is adopted shall require compliance with the provisions of this amendment. This Charter Amendment shall not affect the City's use or occupancy of the area, nor shall it apply to contracts for the construction of any City facilities or improvements in the area; further, nothing contained herein shall apply to projects of any governmental agency or instrumentality. The city commission, by a 4g"saffirmative vote, may authorize Issuance of a license or concession agreement for a period not exceeding one (1) year, without the necessity of a referendum, for the use of Watson Island. Notwitnstanding. anything. herein to the contrary, the City Commission, bya 4/5ths affirmative vote, may: ()waive competitive bidding and execute amendments (Amendments')to certain documents CAgrements)govening the property on Watson Island located at 888 Macarthur Causeway, Miami, Florida (Property).witht the existing. tenant, BH3 IG Developer LLC and its subsidiaries ("Tenant"), to extend the term of certain of the leases by 24 years, to sell the City's position in certain of the leases to Tenant, consisting. of approximately 3.2 acres, for fair market value not less than $25,000,000, to provide additional community benefits including. a $9,000,000 contribution to affordable housing.nfrasinucture improvements. an expanded public waterfront and pedestrian promenade along Biscayne Bay, to permit fee simple condominium form of ownership,and to provide for office space as a permitted use, and retention by the Cityof all other existing Cityrights." Section 4. The Referendum Special Election shall be held at the polling places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to as Exhibit "A" may be designated by the Supervisor of Elections of Miami-Dade County, Florida ("Supervisor), in conforr with the provisions of the general laws of the State of Florida ("State"). The Precinct Election Clerks and Inspectors to serve at said polling places on said Referendum Special Election date shall be those designated by the Supervisor of Elections of Miami-Dade County, Florida, for such purpose in accordance with the general laws of the State. A description of the registration books and records which pertain to Referendum Special Election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such Referendum Special Election is all voter information cards, registration books, records and certificates pertaining to electors of the City and established and maintained as official by the Supervisor of Elections Miami-Dade County, Florida, in conformity with the provisions of the general laws of the State, are hereby adopted and declared to be, and shall hereafter be recognized and accepted as, official registration cards books, records and certificates of the City. Section 5. In compliance with Section 100.342, Florida Statutes (2023), regarding any Referendur Special Election not otherwise provided for there must be at least thirty (30) days' notice oft the election or referendum by publication in a newspaper of general circulation in the county, district, or municipality, or publication on the county's website as provided in Section 50.0311, Florida Statutes, the municipality's we or the supervisor's website, as applicable. The City Clerk is authorized and directed to publish notice of the adoption of this Resolution and of the provisions hereof, at least twice, once in the fifth week and once in the third week prior to the week in which the aforesaid Referendum Special Election is to be held, in newspaper(s) of general circulation in the City which notice shall be substantially in the following form: "NOTICE OF REFERENDUM SPECIAL ELECTION TO. AMEND THE MIAMI CITY CHARTER TO BE HELD TUESDAY, NOVEMBER 5, 2024 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R-24-0281 AReferendum Special Election will be held on November 5, 2024 from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several Referendum Special Election precincts designated by the Supervisor of Elections of Miami-Dade County, Florida, as set forth herein, unless otherwise provided by law for the purpose of submitting to the qualified electors of the City of Miami, Florida, the following question: "Shall City Charter be amended to revise existing leases at 888 MacArthur Causeway, sell 3.2 acres of leased property to tenant for fair market value of not less than $25,000,000, reduce overall development, extend term 24 years, waive bidding and authorize, at no cost to City: $9,000,000 contribution to attordable housing plus infrastructure improvements; Expanded public waterfront and pedestrian promenade along Biscayne Bay?" This Charter Amendment will amend Section 29-C of the Miami Charter to authorize the City Commission by a four-fifths (4/5ths) affirmative vote, to waive competitive bidding and execute amendments ("Amendments") to certain documents Agrements/goveming the property. on Watson Island located at 888 MacArthur Causeway, Miami, Florida ("Property"), with the existing tenant, BH3 IG Developer LLC and its subsidiaries ("Tenant"), to extend the term of certain of the leases by 24 years, to sell the City's position in certain of the leases, consisting of approximately 3.2 acres, to Tenant for fair market value for not less than $25,000,000, to provide additional community benefits including a $9,000,000 contribution to affordable housing, infrastructure improvements, an expanded public waterfront, and pedestrian promenade along Biscayne Bay, top permit fee simple condominium form of ownership, and to provide for office space as a permitted use, and retention by the City of all other existing City rights. limeshare units become condominiums; Mixed-uses to include office; and By order of the Commission of the City of Miami, Florida. Section 6. The official ballot to be used at said Referendum Special Election shall be in full compli with the laws of the State with respect to vote-by-mail ballots and to the use of the mechanical voting mac or the Computer Election System, and shall be in substantially the following form: "Official Ballot" Referend Special Election Tuesday, November 5, 2024 for Approval or Disapproval of the following question: Charter Amendment to revise mixed-use leases on Watson Island "Shall City Charter be amended to revise existing leases at 888 MacArthur Causeway, sell 3.2 acres of leased property to tenant for fair market value of not less than $25,000,000, reduce overall development, extend term 24 years, waive bidding and authorize, at no cost to City: $9,000,000 contribution to affordable housing plus infrastructure improvements; limeshare units become condominiums; Mixed-uses to include office; and Expanded public waterfront and pedestrian promenade along Biscayne Bay?" YES NO Section 7. The form of the ballot shall be in accordance with requirements of general election laws. Electors desiring to vote in approval of the Question described above shall be instructed to vote their selection next to the word "YES" within the ballot containing the statement relating to the Question. Electors desiring to vote to disapprove the Question shall be instructed to vote their selection next to the word "NO" within the ballot containing the statement relating to the Question. Section 8. The City Clerk shall cause to be prepared vote-by-mail ballots containing the Question set forth in Section 6 above for the use of vote-by-mail electors entitled to cast such ballots in said Referendum Special Election. Section 9. All qualified electors of the City shall be permitted to vote in said Referendum Special Election and the Supervisor of Elections of Miami-Dade County, Florida, is hereby requested, authorized, and directed to furnish, at the cost and expense of the City, a list of all qualified electors residing in the City as shown by the registration books and records of the Office of said Supervisor of Elections and duly certify the same for delivery to and for use by the election officials designated to serve at the respective polling places in said Referendum Special Election precincts. Section 10. For the purpose of enabling persons to register who are qualified to vote in said Referendum Special Election on Tuesday, November 5, 2024, and who have not registered under the provisions of the general laws of the State and Chapter 16 of the Code of the City of Miami, Florida, or who have transferred their legal residence from one voting precinct to another ini the City, they may register Monday through Friday, from 8:00 A.M. to 5:00 P.M. at the Miami-Dade County Elections Department located at 2700 Northwest 87th Avenue, Miami, Florida, within such period of time as may be designated by the Supervisor. In addition to the above place and times, qualified persons may register at such branch offices and may also register to vote online for the purpose of voting in the herein described Referendum Special Election during such times and on such dates as may be designated by the Supervisor. Section 11. Todd B. Hannon, the City Clerk of the City of Miami, Florida, or his duly appointed successor, is hereby designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor related to matters pertaining to the use of the registration books and the holding of said Referendum Special Election. Section 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor not less than Section 13. The City Manager is authorized!2] and directed to negotiate the Amendments, in and in strict accordance with the terms of the ballot language approved by this Resolution, and use good faith efforts to bring such Amendments for consideration and 4/5ths approval by the City Commission on or before the February 27, 2025 meeting of the City Commission, subject to approval by the electorate on November 5, 2024, and the Board of Trustees of the Internal Improvement Fund of the State of Florida. forty-five (45) days prior to the date of the Referendum Special Election. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.[3] [1] Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. [2] The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but [3] If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the not limited to, those prescribed by applicable City Charter and City Code provisions. veto by the City Commission. Meeting History Jul 25, 2024 9:00 AM City City Commission Meeting Commission RESULT: ADOPTED WITH MODIFICATION(S) [UNANIMOUS] SECONDER: Damian Pardo, commissioner, District Two MOVER: Manolo Reyes, commissioner, District Four Vina lon Caralle l Cabala Daminn Powered by Granicus CITYOF Miami Official websites ofthe City of Miami Log in I Help I Register Search Back le Maln Sie Print This Page Welcome eetlngs Aechlved Vidaes Notlicas Beards and Commiees OF Mi Miami FL Resolution R-24-0282 2049.00A417 G FLORIDP Information Department: Category: Attachments Commissioners and Mayor Sponsors: Elected Official Item Commissioner, District Two Damian Pardo Agenda Summary and Legislation 16360 Exhibit A-Draft Term Sheet-SUB 16360 Exhibit B 16360 Substitution Memo from City Attorney 16360 Legislation-SUB 16360 Submittal-Grady, Muhammad-Letter Packet 16360 Submittal-Grady, Muhammad-Video Presentation-Mayor Carollo Speaks at 1.46.22 Body/Legislation WHEREAS, the City of Miami ("City") is the owner of that certain tract of land on Watson Island comprising approximately 18.7 acres and located at 1111 Parrot Jungle Trail, Miami, Florida ("Property"); WHEREAS, ESJ JI Leasehold, LLC ("ESJ") and the City are parties to that certain Lease and Development Agreement, as modified from time to time (collectively, the "Lease") for the Property; and WHEREAS, pursuant to Lease and other entitlements received from the City, ESJ is authorized to develop a theme park, themed hotel, and related retail and entertainment on the Property; and WHEREAS, Ecoresiliency Miami LLC, in collaboration with ESJ (together "Developer Parties"), desire to acquire +5.4 acres of the Property ("Residential Parcel") to develop residential and commercial uses with required parking ("Residential Development"); and WHEREAS, the City and Developer Parties desire to enter into a purchase and sale agreement and related agreements ("Agreement), in a form acceptable to the City Attorney, which will allow the sale and/or lease of the Residential Parcel based on fair market value, for construction and operation of the Residential Development subject to: City approval, approval of any necessary zoning changes, cancellation of existing Lease, repayment of the existing loan of approximately $32,000,000 due to City and Miami-Dade County and of the existing Ygrene C-Pace loan of approximately $1,200,000, and approval by the Florida Board of the Trustees of the Internal Improvement Trust Fund; and requiring construction of a new public watertront park at no cost to the City; annual and up-front payments to the City, and other community benefits; and WHEREAS, the sale and/or lease of the Residential Parcel to Ecoresiliency Miami LLC will be subject to WHEREAS, at its regularly scheduled meeting on July 15, 2024, a majority of members of the City of Miami Climate Resilience Committee, voted in favor of supporting the proposed redevelopment, as described other restrictions, reversions, and retention by the City of all other rights; and herein; and WHEREAS, the City directs the City Manager to negotiate the Agreement generally in accordance with the Term Sheet containing the terms indicated above, attached and incorporated as Exhibit "A," and to use good faith efforts to place such Agreement as approved in a form acceptable to the City Attorney, for approval on a Commission agenda on or before the February 27, 2025 City Commission meeting, subject to approval by the electorate on November 5, 2024; and WHEREAS, the City Commission has determined that the Agreement will be in the City's best interest; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. In accordance with the provisions of Sections 3 and 29-C of the Charter of-the City of Miami, Florida, as amended ("Charter"), and S 6.03 of the Miami-Dade County Home Rule Charter, a Referendum Special Election is to be held concurrently with the General Election being called and directed in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on Tuesday, November 5, 2024, for the purpose of submitting to the qualified electors of the City for their approval or disapproval of the proposed Charter Amendment for the Lease as stated herein. Section 3. Section 29-C of the Charter is proposed to be amended in the following particulars:[1] "CHARTER: AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART, A. THE CHARTER Sec. 29-C. Same - Watson Island. Notwithstanding: any provision to the contrary contained ini the Charter or Code of the City of Miam sale, conveyance, lease or management. agreement may be entered into for the management, occupancy use of the area known as Watson Island for periods greater than one year unless (1)there shall have beer prior to the date of the city commission's consideration of such sale, lease, management agreement, an advertisement soliciting proposals for said sale, lease or management agreement, published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt oT proposals from prospective purchasers or lessees, said advertisement to be no less than one-fourth page and the headline in the advertisement to be in a type no smaller than 18-point; and, (2) the proposed transaction be approved by a majority of the votes cast by the electorate at a referendum. The procedures for selection of proposals shall be those provided by Charter section 29-A(c) or (d) as appropriate and/or by applicable City Code provisions. Nothing herein shall affect the existing rights or privileges, if any, of any lessee, permittee, licensee or concessionaire currently situated in said area; however, any enlargement, amendment, transfer, or increase in those rights or privileges as may, be in existence at the time this amendment is adopted shall require compliance with the provisions of this amendment. This Charter Amendment shall not affect the city's use or occupancy of the area, nor shall it apply to contracts for the construction of any city facilities or improvements in the area; further, nothing contained herein shall apply to projects of any governmental agency or instrumentality. The city commission, by a 4/sths affirmative vote, may authorize issuance of a license or concession agreement for a period not exceeding one (1)year, without the necessity of a referendum, for the use of Watson Island. Nomwinsiandnganytning herein to the contrary, the Cily_Commission. bya 4/5ths affirmative vote,may: waive competitive bidding and approve the sale and/or lease of approximately.54: acres of that cerainproperylocated at 1111 Parrot Jungle Trail based upon fair market value of $135.000.000 Ecoresiliency! Miami LLC for residential and commercial uses pursuant to applicable zoning, waiving competitive bidding and requring.cancelation of the existing theme park and hotel lease, reverting pNROLHAT: to the City to constructal new_public waterfront park at not cost City.and contributing. $15.000.000 for affordable housing, infrastructure. and other public benefits. Section 4. The Referendum Special Election shall be held at the polling places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to as Exhibit "B" may be designated by the Supervisor of Elections of Miami-Dade County, Florida ("Supervisor"), in conformity with the provisions of the general laws of the State of Florida ("State"). The Precinct Election Clerks and Inspectors to serve at said polling places on said Referendum Special Election date shall be those designated by the Supervisor of Elections of Miami-Dade County, Florida, for such purpose in accordance with the general laws of the State. Adescription of the registration books and records which pertain to Referendum Special Election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such Referendum Special Election is all voter information cards, registration books, records and certificates pertaining to electors of the City and established and maintained as official by the Supervisor of Elections of Miami-Dade County, Florida, in conformity with the provisions of the general laws oft the State, are hereby adopted and declared to be, and shall hereafter be recognized and accepted as, official registration cards, books, records and certificates of the City. Section 5. In compliance with Section 100.342, Florida Statutes (2023), regarding any Referendum Special Election not otherwise provided for there must be at least thirty (30) days' notice of the election or referendum by publication in a newspaper of general circulation in the county, district, or municipality, or publication on the county's website as provided in Section 50.0311, Florida Statutes, the municipality's website, or the supervisor's website, as applicable. The City Clerk is authorized and directed to publish notice of the adoption of this Resolution and of the provisions hereof, at least twice, once in the fifth week and once in the third week prior to the week in which the aforesaid Referendum Special Election is to be held, in newspaper(s) of general circulation in the City which notice shall be substantially in the following form: NOTICE OF REFERENDUM SPECIAL ELECTION TO. AMEND THE MIAMI CITY CHARTER TO BE HELD TUESDAY, NOVEMBER 5, 2024 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R-24-0282 AReferendum Special Election will be held on Tuesday, November 5, 2024 from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several Referendum Special Election precincts designated by the Supervisor of Elections of Miami-Dade County, Florida, as set forth herein, unless otherwise provided by law, and submitting to the qualified electors of the "Shall Miami's Charter be amended authorizing sale and/or lease of 5.4 acres on Watson Island based upon fair market value of$135.000.000.10 Ecoresiiency Miami LLC for residential and commercial uses pursuant to applicable zoning, waiving Returning 13 acres to City to construct new public waterfront park at no cost to City of Miami, Florida, the following question: bidding, and requiring: City; Cancelling existing theme park and hotel lease; and Contributing $15,000,000 for affordable housing, infrastructure, and other public benefits?" This Charter Amendment will amend Section 29-C of the Miami Charter to authorize the City Commission, by a four-fifths (4/5ths) attirmative vote, to waive competitive bidding and execute an agreement for the sale or lease of approximately 5.4 acres of the property located at 1111 Parrot Jungle Trail forbased upon fair market value at $135,000,000 to Ecoresiliency Miami LLC for residential and commercial uses, pursuant to applicable zoning requiring: cancellation of the existing theme park and hotel lease, contributing $15,000,000 for affordable housing, infrastructure, and other public benefits and returning +13.3-acres to the City for construction ofa public waterfront park at no cost to the City. By order of the Commission of the City of Miami, Florida. Section 6. The official ballot to be used at said Referendum Special Election shall be in full compliar with the laws of the State with respect to vote-by-mail ballots and to the use of the mechanical voting machir or the Computer Election System, and shall be in substantially the following form: "Official Ballot" Referendum Special Election Tuesday, November 5, 2024 for Approval or Disapproval of the following question: Charter Amendment: Partial Conveyance for Revised Development at 1111 Parrot Jungle Trail on Watson Island "Shall Miami's Charter be amended authorizing sale and/or lease of 5.4 acres on Watson Island based upon fair market value of $135,000,000 to Ecoresiliency Miami LLC for residential and commercial uses pursuant to applicable zoning, waiving bidding, and requiring: Returning 13 acres to City to construct new public waterfront Cancelling existing theme park and hotel lease; and Contributing $15,000,000 for affordable housing, infrastructure, and other public benefits?" park at no cost to City; YES NO Section 7. The form of the ballot shall be in accordance with requirements of general election law Electors desiring to vote in approval of the Question described above shall be instructed to vote their sele next to the word "YES" within the ballot containing the statement relating to the Question. Electors desiring vote to disapprove the Question shall be instructed to vote their selection next to the word "NO" within the containing the statement relating to the Question. Section 8. The City Clerk shall cause to be prepared vote-by-mail ballots containing the Question set forth in Section 6 above for the use of vote-by-mail electors entitled to cast such ballots in said Referendum Special Election. Section 9. All qualified electors of the City shall be permitted to vote in said Referendum Special Election and the Supervisor of Elections of Miami-Dade County, Florida, is hereby requested, authorized, and directed to furnish, at the cost and expense of the City, a list of all qualified electors residing in the City as shown by the registration books and records of the Office of said Supervisor of Elections and duly certify the same for delivery to and for use by the election officials designated to serve at the respective polling places in said Referendum Special Election precincts. Section 10. For the purpose of enabling persons to register who are qualified to vote in said Referendum Special Election on Tuesday, November 5, 2024, and who have not registered under the provisions of the general laws of the State and Chapter 16 of the Code of the City of Miami, Florida, or who have transferred their legal residence from one voting precinct to another ini the City, they may register Monday through Friday, from 8:00/ A.M. to 5:00 P.M. at the Miami-Dade County Elections Department located at 2700 Northwest 87th/ Avenue, Miami, Florida, within such period of time as may be designated by the Supervisor. In addition to the above place and times, qualified persons may register at such branch offices and may also register to vote online for the purpose of voting in the herein described Referendum Special Election during such times and on such dates as may be designated by the Supervisor. Section 11. Todd B. Hannon, the City Clerk of the City of Miami, Florida, or his duly appointed successor, is hereby designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor related to matters pertaining to the use of the registration books and the holding of said Referendum Special Election. Section 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor not less than Section 13. The City Manager is authorized!2] and directed to negotiate the Agreement, in and in strict accordance with the terms of the ballot language approved by this Resolution, and use good faith efforts to bring such Agreement for consideration and 4/5ths approval by the City Commission at the February 27, 2025 meeting of the City Commission, subject to approval by the electorate on November 5, 2024, and the Board of forty-five (45) days prior to the date of the Referendum Special Election. Trustees of the Internal Improvement Fund of the State of Florida. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.[3] [1] Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. [2] The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but [3] If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the not limited to, those prescribed by applicable City Charter and City Code provisions. veto by the City Commission. Meeting History Jul 25, 2024 9:00 AM City Commiccion City Commission Meeting Powered by Granicus OF LORID! City of Miami Meeting Minutes July15,2024 6:00PM Miami City Hall Mission Climate Resilience Committee (CRC) 3500 Pan American Drive, Miami, FL 33133 The Climate Resilience Committee" ("Committee"): shall serve in an advisory capacity to the City Commission and shall have the following specific duties: 1. The Committee shall recommend changes to the City Code and any City policy necessary to help the City, its residents, businesses, institutions, and natural systems adapt to, prepare for, and thrive in the various stresses related to climate change, including but not limited to emissions of greenhouse gases, increasing flood risks, increasing groundwater levels, more intense storms resulting in high tides and storm: surges, increasing high heat days, salt water intrusion, drought, 2. The Committee shall have the responsibility to review and evaluate issues related to the use, disposition, and/or development of City-owned waterfront property and shall provide advice to the City Commission concerning those issues and only such other matters as are referred to it by the City Commission ini regard to City or public land abutting water. The City Commission: shall not be bound by any recommendation or advice received from the Committee. The Committee is expected to be aware of City policies concerning development and coordinate its endeavors with other City committees and boards which will be affected by the Committee'srecommendations. Nothing herein is intended to interfere with or conflict with any existing provisions in the City Charter or City Code setting. forth procedures concerning the development and/or disposition of extreme weather events, and water and vector-borne illnesses. City-owned waterfront property. Aaron DeMayo, Chair Nkosi Muse, Vice Chair Wayne Pathman, Esq., Member Adrian Plasencia, Member Avra. Jain, At-Large Seat Vacant, Mayor's Seat Sarahi A. Perez, At-Large Seat, (between age of 18-25) Silvio Frank Pupo-Casco, Member, D1 Vacant, Member, D4 Roll Call-6:08PM Climate Resilience Committee (CRC) members present. Aaron DeMayo, Nkosi Muse, Adrian Plasencia, Wayne Pathman, Avra Jain, Sarahi Perez and Sonia Brubaker, James Brako, Alissa Farina, Timothy Kirby, Andrew Frey (DREAM), David Silvio Pupo City Staff present. Pivovarov (DREAM) and Miriam Flores II. Public Comment- - -Mel Meinhardt - Attended County commission meeting chaired by Commissioner Regalado. They are moving forward with their green infrastructure bill, there are important provisions that are good for the city. Chair of the Commodore Trail la5kr mile barrier and last protection before stuff rolls down into Biscayne Bay. There are precedents and priorities that may be useful to you. Silvio asked if this was the infrastructure and innovation with permeable? Mr. Meinhardt said, yes. -Written in public comments located at the end of the minutes. II. Approval ofr minutes for June 3rd regular meeting. Aaron DeMayo Motion to approve the June 3rd regular meeting minutes. First Motion Wayne Pathman, Second motion by Silvio Pupo. Minutes approved unanimously: 7-0. IV. Items to be voted on- a. Ground Floor Height Flood Protection (20 min) Aaron DeMayo- Motion made to move as an open discussion. Seconded by Nkosi Muse, all approved. Requested to move item under "Open Discussion/Other Items". V. City-Owned Waterfront Projects a. Project Review Lease Amendment and Voter Referendum for the Watson Harbor, formerly Island Gardens, Watson Island (888 MacArthur Causeway), -E BH3 IG Developer, LLC Iris Escarra and Brian Dombrowski, Greenberg Traurig, P.A. Site is located at 888 MacArthur Causeway. City owned assets under a lease with a new developer BH3 IGI Developer, LLC that acquired1 the rights to comei in and developi this particular site. Zoning diagram is T636 juste east of the children's museum. The city put out an RFP many years ago for the site with creating a public/private partnership with Watson Island which is owned by the city. Site went through extensive process for a master developer and future leases on site with regards to its development. As an update for what has occurred for some time the site remained undeveloped, even though it was subject to a city management agreement. We are still under the management agreement. We have leases for the site. One oft the components ini the RFP was to create a mega yacht marina on site, to serve larger ships. Theres an active marina there. We have an approved site plan that was updated via a warrant for 2 hotel towers and a retail podium with garage under it and a promenade. Currently, the item is before you because we have at few requests with updating the deal with the city. One is to allow office use into the mixed-use project. We are allowed ancillary office; they are leased terms. City sits in two capacities; owner/landlord as opposed to zoning. We have 69 years asking to extend term to 99 years. The mega yacht marina is completed. Marina-related facilities are still committed to being built on site. Present is fractional time shares; we are asking tol bec condominiumized to go under FL. State! Statute 718. Right now, therei is an ancillary office, we are asking for an independent office. Extend the term by 24years and acquire 3.2 acres of the site, we will pay fair market value tot the city. Do promenade extension and make sure much of the bay walk is completed with the expansion area. Will work with DREAM and Parks department. Aaron DeMayo Today's presentation is an amendment to the lease. Ini the future they will come back with more of the design. We have opportunities today to make comments. As far as going back to We are here to get your thoughts on the deal before it goes to commission. We're looking at minort tweaks hoping to have buildings built, and the promenade. This will go to commission When you say the pad for sale, what you are referring to is all oft the land would be leased Everything would remain al lease in the picture, except the footprint oft the tower on the right, because it's sold as a condo. That would allow additional economics which we can shift into other public benefits. Aaron said rather than it being a condo on leased land. Andrew said yes. One other comment isi in relation to the storm surge. The back bay project is critical to safeguarding the future of Miami. Ithink the best alignment for the back bay studies goes along Brickell downtown and crossing 395, reinforcing flood protection for the whole rest of the bay. Ijust wantedi to point out hopefully there is some room for that infrastructure in the Also, the bayl link ensuring thei infrastructure is in place. As far as what is underground where bay link pilings can go as well as sight lines that might conflict ini the future is being planned. Wel have looked at bay! link but because it hasn't officially come out and been funded don't know that we currently have incorporated any component oft that. We have been monitoring it but because it's not approved, we have not incorporated: any component. Would love to have bay link, but Miami Beach keeps canceling it. the commission for ballot. Andrew Frey, DREAM next week. At some time, we willl be back to you. from the city but it's changing the tower to be a condo. Aaron DeMayo- Andrew Frey, DREAM Aaron DeMayo next decade. Arei those two aspects being considered? Iris Escarra Andrew Frey Aaron DeMayo Silvio Pupo There is al bike lane on the SE corner. Maybe there could be some access point for bikers. Recommended to have shade trees VS palm, adopt a rainwater capture system so people can drink. Also, don't think we should give everybody 99-year leases. Ifi it'sa6 65-year lease, there should be an option to extend it! 5-10 years maybe a couple oft times. Not at fan of 99-year leases. Iris said think the city seti it up as 39 andi two additional extensions. There is an What are some of the overarching resilience features you are considering as your move into the planning phase? Iris said the project is seeking to be LEED silver. FEMA changed designation parking willl be above grade, were raising it. Sea wall doing additional repairs. Affordable housing as part of thet fee simple, we will be making a payment into the city's affordable housing trust fund relative to the sale oft the property. That amount isy yet to be fixed, but iti is several million dollars. There is going tol be a contribution towards city Ist there additional information on the ballot language that you are prepared to tell us about today? Iris said ballot language is in drafti form with regards to asking the voters, should the lease be extended, should fee be granted. The numbers are waiting for finalization of the extension model, but the total term is 99. Nkosi Muse affordable housing. Wayne Pathman appraisal. There is a contribution for affordable housing. The expanded bay walk is in the ballot question. As well as permissive use for office use because it wasn't previously allowed. b. Project Review- - Redevelopment Agreement for. Jungle Trail (1111 Parrot Jungle Trail) Ecoresiliency Miami, LLC. Neisen O. Kasdin, Co-Office Managing Partner, Akerman LLP Presented and stated this is on the other side of Watson Island and there is a ballot question that willl likely goi forward in November. Currently, the northern portion of Watson Island is 18 plus acres, an area known as Jungle Island, previously Parrot Jungle. A few years before the referendum allowed on the conversion of the property to hotel and theme park. Map shows two components. Yellow: zoned T6-12 would be hotel and facilities. Theme Park would go on the other 13-plus acres, zoned as a civic open space. The dramatic part oft the proposal is 13.3 -plus acres, will be returned to the city. To be used in perpetuity as a public park and not as a private enterprise ort theme park, one that willl bey paid $37 millioni for redoing as a park andi for the maintenance to be paid for perpetually. Also, at same time instead of having a hotel and theme park there will be a residential development having two condominium buildings that will help fund this. Identified as one of the most important things the city needs were more public park space and natural areas. Lead developer incorporated resiliency, native species, Are there additional funds that go to the city as far as al lease fee? Neisen said working with What about the site plan Southwest of Watson Island, across the causeway. Is that returned What about parking? Neisen said the area closest toi the causeway will be a garage which will be a green roof garage and cascade down to blend in with the park. One of thet things we will build as part of the parki is public parking. Aaron asked ifi it would be at grade? Neisen said thinks it will ber more than one level in order to accommodate parking as needed without taking up too much green space. Aaron asked, would that happen inside the park space? Neisen: said yes. Five acres of residential is public parking, built as part of the agreement. Did yous sayt the Ferry would bet free? Neisen: said no, it would be run byt the city or other entity. Regarding serpentarium renovation what would happen to them? Neisen said we're going to Oft the presentation and what you said today, and the various public benefits you discussed, are these included in the ballot? Neisen said by state law the ballot is limited to 75 words, draft circulating that will bet finalized by the city commission. There are two separate ballot Jungle Trail Eco Resiliency- AI motion fori the Climate Resilience Committee (CRC)to support the redevelopment agreement for. Jungle Trail, 1111 Parrot. Jungle Trail, eco resiliency Miami. We are hearing this as the water advisory committee. CRC recommends approval by commission in support of the public benefits as we saw today, as DREAM and the Commission see fit in negotiating. Seconded by Avra. Jain. All were int favor. biodiversity, and al healthy eco: system. the city developed at term sheet withi the city. to public use? Neisen: said yes. Aaron DeMayo Nkosi Muse Sarahi Perez Aaron DeMayo make sure all wildlife there has new homes. issues for each presentation presented to you today. Aaron DeMayo and Wayne Pathman assisted with language. Second vote taken. A motion for the Climate Resilience Committee (CRC)mission of item two tor responsibility to review and evaluate issues related toi the use, disposition, and/or development of City-owned waterfront property. Recommendation: for approval in support ofr moving forward of their ultimate approvals of the public referendum, this committee supports what we heard today. 3 Silvio Pupo Fort the first presentation heard there were 3-4 bullet points made. Ihad a reservation with the extension oft thel lease from 60 years to 99 years. Don't think we should be doing 99-year leases. Idon't know enough. Remind us of thet four points ini the referendum. Iris Escarra, Greenberg Traurig Watson Harbor, formerly Island Gardens, Watson Island (888 1. Extension oft the remainder oft the site. Currently 99 years asking to extend to 99 years. 3. Timeshare units converted to condominium units. Including ini the mixed use of office use as permissible use and the expanded public Baywalki in the pedestrian promenade. MacArthur Causeway 2. Contribution to affordable housing and public benefits. 4.t the acquisition of3.2acres. find out more information. James Brako, City Attorney Silvio Pupo Avra. Jain lam okay with passing a motion on that with the exception of the 99-year lease until we can Believe this is up to DREAM and city to negotiate, this is out of our purview. For clarification we are talking about thet first presentation heard Watson Harbor, formerly Island Gardens, Watson Island, 888 MacArthur Causeway. Iris said yes. Silvio, your question isr regarding valuation and your recommendation addressing valuation? Silvio said that is part ofi it, it'st the tenure oft the 99-year lease on it being shorter. James said, SO you're not talking about valuation, and you should stay away from valuation, that is not a part ofy your purview. Wel have seen 99-year leases, it's common like the Hyatt leases. This is not new. Also, as previously mentioned, it's up to DREAM and the commission to work that out. Let me clarify it is 75 years, plus the 24 years to make it 99-years. Aaron DeMayo Andrew Frey Wayne Pathman Ithink we make a motion that we are in support oft the application as it was submitted today for the combined public/private partnership for Watson Island 888 MacArthur Causeway to support the development of the public space as well as the proposed condominiums and the additional amenities that were being discussed for a possible ferry, maintaining the. Japanese gardens. lam not concerned about the 99-year lease all municipalities do that. Aaron said we have a motion for. Jungle Island we need iti for Watson. Wayne said sorry, disregard. Wayne and Aaron DeMayo Watson Harbor, formerly Island Gardens, Watson Island, 888 The motion should be we are in support of the presentation as presented for the development of Watson Island Watson Island 888 MacArthur Causeway which has been vacant and a problem. This committee should: support the current application asi is. Seconded by Avra. Jain. Sixi in favor and one not in favor by Silvio Pupo. MacArthur Causeway VI. Office of Resilience and Sustainability (ORS) Updates - Sonia Brubaker a. Heat Plan Feeback Update b. Other Topics Silvio Pupo Out for public comment, once finalized will update CRC. Received support on tree canopy Four spoil islands that were temporarily closed have been reopened as of July 12th. expansions. Solid waste will have an e-waste on. July 20th at Regatta Park. Doy you have a matrixy you can share with us about the tree: species? Sonia said not at this time. VII. Open discussion/Other Items a. Recommendations for FY24-25 City Budget Aaron DeMayo City budget is upcoming. Opportunity for CRC to make recommendations of things that we think should be a priority. The public can provide their feedback and show up to city! budget meetings. Silvio Pupo Sonia Brubaker We should support more trees giveaways. We are working on implementing the actions in all of our Resilient Strategies; Resilient305, Climate Ready, Carbon Neutral and now the Heat Plan. Your support in all of these is We should support ORS when they are publicized, in addition. Like public comments; bus We alll have al littlel homeworki to review some ofthosei ideas and comel back at the next meeting if we want to add anything to that letter to support ORS. Drat those ideas and send them to Miriam so that we can see: suggestions ahead oft time and discuss them at next meeting fort the would like to make a motion on two items from the public comment we heard earlier on Let's start with permeability. We heard about the commodore trail, later in the upcoming months we will have a presentation on Commodore Trail. Hopefully we can get clarification on the County ordinance and how it relates toi the city. In general, show our support int the County for that resolution. Also, seeing wherei this resolution goes and who can present it to us, SO we understand. Silvios said believes Eileen Higgins leading resolution. Aarons said willl looki intot that. Aaron: said on. July 29th upcoming meeting regarding Bay Shore Drive. Silvio said believes there Working on this resolution with the Miami Waterkeeper. Resolution "PARKS AND RECREATION/MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY/ MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY, SPECIFICALLY BY REMOVING SUBSECTION (G) TO ELIMINATE THE PROHIBITION OF PLANTING MANGROVES ALONG THE MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE". Would like to hear comments from CRC. We should review this in September, we should not Let's look at what happened at the state with the senate resolution where the state was going to quantify the value of mangroves and do a study with state insurance with citizen on the important. Aaron DeMayo - Draft letter of support shelter, composting: and others. We can help to increase staffi in ORS. draft letter of support. County's permeability: and draft from Nkosi? Motion approved by all. is another meeting from the county on insurance we should attend. Nkosi Muse = Resolution on Mangroves vote on this today. Send your comments to liaison. Aaron DeMayo = value of them. Aaron DeMayo b. Ground Floor Height Flood Protection Ordinance moving through the city right now, Ordinance 14295 "Flood Damage Prevention" "AN ORDINANCE OF THE MIAMI CITY COMMISSION. AMENDING CHAPTER 20 OF THE CODEC OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FLOOD DAMAGE PREVENTION," PROVIDING RE-CERTIFICATION OF EXISTING DRAINAGE SYSTEMS, AND PROVIDING STANDARDS FOR DEVELOPMENT IN SPECIAL FLOOD HAZARD AREAS AND NON SPECIAL FLOOD HAZARD AREAS AS NEWLY DEFINED; AND PROVIDING FOR AN EFFECTIVE DATE." l'am holding off on proposing something in addition to this, let's see what happens 5 with this and we can then continue on that effort, I will bringi it back ifi its relevant. VIII. Old Business/Review of action items a. Business Leaders Workshop Update Wayne Pathman Need to reschedule a workshop, will need everyone on CRC team effort for it's a big undertaking. Discussion on dates committee agreed to Friday, September 27th at 12pm at MRC. Beneficial to the community and business. Will use the same agenda created for June 12th. Motion to discuss vacancies. All approved. Aaron DeMayo b. Vacancies Aaron DeMayo Wel have two vacancies. Rodrigo Bilbao made a recommendation for a replacement to the mayor's office. Hopefully the Mayor will appoint someone. District 4 has a vacancy, hopefully it can be filled. IX. Future Agenda a. Project Review- - Margaret Pace Park- Keith Ng, Senior Project Manager, Capital Improvements Program (20minutes, presentation & discussion) Commodore Trail Master Plan Presentation-torrain Rosado-Pietri. Aaron DeMayo Wayne Pathman Ify you would like an item on the agenda, please send it to the liaison. You may want to have a budget drafted. Aaron said we have discussed and drafted one that was circulated to everyone, but we didn't have quorum, at this time Ithink we: should have a specific ask with details, if you have an idea send it. Ican add and have liaison circulate it. Idon't know if we will make it fori this agenda. X. Public Comment-none XI. Adjourn-A Adjourned at 8:20pm (Next meetings scheduled for September 10, 2024) 6 CITYOF Miami Official websites ofthe City of Miami Log in I Help I Register Search Back le Maln SRe Print This Page Welcome eetlngs Aechlved Vidaes Notlicas Beards and Commitees OF M) Miami FL Ordinance 14295 PASSED FIRST GEICNCN 20249:00A AM a FLORIDP AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FLOOD DAMAGE PREVENTION, PROVIDING RE-CERTIFICATION OF EXISTING DRAINAGE SYSTEMS, AND PROVIDING STANDARDS FOR DEVELOPMENT IN SPECIAL FLOOD HAZARD AREAS AND NON SPECIAL FLOOD HAZARD AREAS AS NEWLY DEFINED; AND PROVIDING FOR AN EFFECTIVE DATE. Information Department: Commissioners and Mayor Sponsors: Mayor Francis X. Suarez, Commissioner, District Two Damian Pardo, Commissioner, District Four Manolo Reyes, Chair, District Five Christine King Category: Attachments Elected Official Item Agenda Summary and Legislation Financial Impact N/A Body/Legislation WHEREAS, pursuant to Ordinance No. 10622, adopted on December 9, 2021, the City Commission adopted amendments to Chapter 20 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, Ordinance No. 10622 allowed the City Code requirements regarding flood plain construction and building requirements to satisfy the requirements of the National Flood Insurance Program and achieve consistency with the Florida Building Code; and WHEREAS, Section 20-3 of the City Code, which addresses development in special flood hazard areas and nonspecial flood hazard areas, has certain requirements as to recertification of the drainage; and WHEREAS, it has been determined that this particular issue needed to be further clarified for property owners and developers sO that City of Miami ("City")goals combat sea level rise and incessant flooding can be addressed; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORII Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 20 of the City Code is amended in the following particulars:[1] "CHAPTER 20 FLOOD DAMAGE PREVENTION Sec. 20-1. Definitions. Aree-efshalHew-eodimg-AdesgnetedAO:AHORVerVOzome-omtne-ce-ooc-nsereneereleratemePtIRM SityeFMami,Fiende,wtra-one-pereemtergreaterammarenarchanee-oHHeedtinte-ar-average-depth-etene hree-eetwere-releanyeemnetrememnerdees-ROHENSEWPeretmepatrerrHeeemng'sumprednetable-and: veleeity-Hew-mey-be-evident-5ueh-eodingis-eharaetezee-bypeneingeFsheetew: Areaetspeciao6-haZ8P6-Fmetand--tne-eedpia-wth-tne-countysubyeeHeaoneene-pereenter greaterenanee-e-8H#e9ding-P-anygen-yea-TRe-area-ay-se-desigmatedas-ZOR8-AORRe-eed-hazard OwRGAy-APPHEN, Drainage systems. The surface and subsurface system for the removal of water from or control of water on the land, including. both the natural elements of streams, marshes, swales and ponds, whether of an intermittent or continuous nature, and man-made elements which include culverts, drains, ditches, channels.piping. drainage wells and storage facilities. Anysystem which collects, conveys, channels, holds, inhibits, diverts or treats stormwater from a given area either by drains..grading. or other artificial or natural means thru the use ofa drainage structure, including. but not limited to a culverts, storm drains, stormwater retention or detention ponds with side slopes that must be stabilized by artificial means, French drains, or exfiltration trench/systems, which convey stormwater into the underlyingsoil. Existing manufactured home parks and subdivisions. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, ata minimum, the installation of utilities, the construction of streets, and either final site grading. or the pouring.o of concrete pads). is completed before September 29, 1972. Floodproofing. Structural and nonstructural additions, changes, or adjustments (other than elevating) nonresidential structures, and utilities which reduce or eliminate flood damage to water supply and sanitary sewage facilities, structures and contents of buildings. Floodproofing includes, by way ofi illustration and limitation, the following measures. (1) Anchorage to resist flotation and lateral movement. (2) Installation of watertight doors, bulkheads, and shutters, or similar methods of construc protect against winds, wave action, or floodwaters. Reinforcement of walls to resist water pressures. (3) (4) (5) (6) Use of paints, membranes, or mortars to reduce seepage of water through walls. Addition of mass or weight to structures to resist flotation. Installation of sump pumps operating. at permitted specification to lewerwaterleveh struetures remove water accumulated due to anypassage of vapor and seepage of wate during. the flooding.event. (7) (8) (9) Construction of water supply and wastewater treatment and disposal systems to prevent Pumping facilities or comparable practices for subsurface drainage systems for buildings Construction to resist rupture or collapse caused by water pressure or flooding debris. the entrance or infiltration of floodwaters. tor relieve external foundation wall and basement flood pressures. (10) Installation of valves or controls of sanitary and storm drains which will permit the drain to be closed to prevent backup of sewage and stormwaters into the buildings or structures. Gravity (11) Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding and to provide protection from inundation by (12) Location of all main electrical and mechanical equipment, structures, storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to the public health, safety, and welfare in a manner which will assure that the facilities are situated to or above the base flood elevation, plus one foot of freeboard. draining of basements may be eliminated by mechanical devices. the regulatory flood. Miami-Dade County flood criteria maps. The official maps of Miami-Dade County showing the required minimum finished grade elevation of the ground surface within a development site as adopted by the Board of County Commissioners and recorded in Platbek-29atpeges43 official records of Miami-Dade County, as amended from time to time. 3-4,and13-5ef the publie Residential or residence. Any lot, plot, parcel, tract, area, piece of land or building used exelusively for family dwelling purposes or intended to be sO used. Special flood hazard areas. An area in the floodplain subject to aone percent (19)or.greater. chanceof flooding in any_given year. Special flood hazard areas are shown on FIRMS as Zone A.AQ.A1-A30.AE.A AH.V1-V30. VEorV Sec. 20-3. Development in special flood hazard areas and nonspecial flood hazard areas. (2) Review permit applications for construction, development or other improvements within said to determine that the proposed activities: a. Use flood damage-resistant materials and have utility equipment which are resistant to flood damage; and b. Have drainage ealeulations that demonstrate retention of rainwater within surrounding property lines. FOFFesidenta-uses,#Re-dFaamnage-ealeuaHeA-#OP-HSEDe-basede6-eR-100-year HO#,eIgAE-POWFHP-eFSOReeRAHeR.,Perdesg-SHaneereS-WG--RAAHRRERSHIeS) #O#-MHA-Dade-Ceem/PeBHE-WORS-aRHB-POF#98SeHReF#RBP-ReS8PRH,tne-6rainage eaHeHAHOP-PESESen-0earsieH#i,ene-ROWFIe-GFeEnGeREFAHIOR: The drainage calculations shall be based on a one hundred (100)year storm,_per design standards of the Miami-Dade County Public Works Manual - Part: 2-[ Design and Construction- WC 1.1 Rainfall Intensities - 5 min. to 24 hrs. (Rainfall intensities) from the Miami-Dade County Public Works Manual with concentration times described below: For residential use, with fewer than four (4)_dwelling. units, the drainage calculation must i. For residential use, with four (4).or more dwelling.units.and all other uses, the drainage be based on a eight-hour time of concentration. calculation must be based on a %-hour time of concentration. (3) Review permit applications for new construction or substantial improvements within said areas to assure that the proposed construction: Is protected against flood damage; a. b. Is designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; Uses flood damage-resistant materials and has utility equipment which are resistant to flood damage, and also uses construction methods and practices which will minimize flood Provides in the plans part of the permit application the appropriate floodplain information including Miami-Dade County flood criteria, crown of road information, flood damage; d. hazard area and base flood elevation; e. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities are designed and/or located to prevent water entry or accumulation; and Wnere-Dasements-are-permited Innonspecial flood hazard areas, the basement: shalt beusable-seielylorsteage-Perng:oraccesemtsma-notcomtamctnermaineleetiealor mechaeelequpment shall be usable solely fors storage.parking. or access; i. shall not contain either main electrical or mechanical equipment; and ii. require installation of sump pumps to collect and discharge the flow rate of the basement area multiplied by the Rainfall Intensity_per hour required for the structure. (11) For the purpose of this section, "base elevation" shall be defined as the elevation established by the Miami-Dade County flood criteria map, or the elevation of the crown of road or street abutting such building site, or existing. and proposed grade elevations within the lot(s), whichever is higher. In cases where the base elevation fronting the land vary greater than one foot along the frontage of the lot(s), then an alternative engineered solution for flood protection may be presented to the building official or his/her designee in consultation with the director of resilience a. Unless otherwise required by sections 20-4 or 20-5, for uses other than residential requiringa a floor, the floor elevation shall be a minimum ofi four inches above the base elevation- including the entrance of a basement. For all areas that serve a residential use, including.mail rooms, lobbies and entrances to a basement, the floor elevation shall be a minimum of eight inches b. The provisions of this subsection shall not apply to off-street parking facilities constructed underground and other similar types of below grade areas within a building which are not lowest floor and contain neither electrical nor mechanical equipment. All such facilities constructed below grade shall be designed and constructed and contain essential equipment, if necessary, to prevent Infiltration and accumulation of water or to provide for immediate and continuous elimination of water. AF Flonda-registered engineer or architect shall submit data and a floodproofing certificate to assure that the design complies with all guidelines of C. Ifin the review of a permit application it is determined that in the application provisions ef subseetion(14) of this section the building applicant would be required to provide flood protection in excess of the requirements of this chapter, then it shall be the responsibility and authority of the building official or his/her designee to review such plans and may grant a waiver of the requirements esubsection- of this section to provide flood protection which is no less than the flood protection required by this chapter based upon good engineering practice. Said decision shall be subject to appeal in accordance with subsection 20-12() of this and public works. above the base elevation. subsection 20-5(b) herein. chapter. (15)Drainage systems as defined herein shall require re-certification everyone hundred and twen (120).months from the date of final inspection as set forth herein. The property owner shall be notified of the required re-certification sixty_(60)days in advance of their due date. Properties three (3)dwelling. units or fewer are exempt from this section. Residential properties with fou dwelling.units or more, or where the drainagesystems are comprised of five (5)or more drair structures on the propertyshall require that the drainage re-certification be completed bya a. All relevant information on the existing drainage system, including, but not limited to, the approved as-built drawings and a detailed description of the existing. drainage, including. registered professional engineer. intent of the system. b. Asite inspection of the entire drainage system to determine what, fany.maintenance and repair work is required in order to re-certify the drainage system in accordance with the Catch basin grates, manhole covers and outfalls are to be free of obstructions. Probe catch basins for mud,debris, silt, etc. (depth of material inapipe shall not exceed 5% of the diameter of the pipe and the depth of material in a catch basin sump shall not exceed 5% of the distance from the bottom of the structure to the lowest pipe invert). following. items: Check headwalls for deterioration and any signs of erosion. Check for broken.grates. bottom of baffle, if applicable) problem. Check weirs and baffles installation (12" min. sump clearance from bottom of structure to vi. Check for areas of sunken or deteriorated pavement which may be a sign of a drainag vii. Check for modifications to swales and retention areas. vili. Check for proper maintenance of swale and retention areas. ix. Check for alterations to original design and construction of drainage system. X. Check for alterations to original design and construction of drainage system. Xi. Verify that no vegetation exists over drainage system. Allpumps shall be inspected bya registered professional engineer irrespective of prop type. All drywells.Including! injection wells, shall be inspected by a certified well driller irrespective ofproperty.fype. Pressurized system with wells and/or pumps shall be certified itcontinues to function as designed and constructed.. Agravity.type drainage: system, such as exiltrationsystems shall require re-certification as per this section ithroughxi. These systems shall be required to function as designed.constructed and/or permitted. A detailed report of inspection and proper function from a registered professional engineer or certified well driller d. Completionofa alinecessaryrequired maintenance and/or repair work as denoted by the egisleredprolessional engineer as performed by a licensed contractor and verified by the e. All copies of plans and drawings, together with supporting.calculations and documentatio submitted must be signed.sealed.and: dated bya registered professional, as required by. Chapters 471,472,481 or 492, Florida Statutes, as applicable, when the design of the sy (as applicable)shall be required for re-certification. ceruryng.engineer. requires the services of a registered professional. Amaintenance log,ifnot already kept by the propetlyowner.wil be required for anyfuture drainage re-certfications. The maintenance log,shall include records related to the operation of the drainage system, including. but not limited, toan estimate of the stormwater volume passing through the system in ay year, dates of inspection and copies of anyassociated documents that evidence inspection, and dates of repairs and/or replacements of parts with type of maintenance and parts replaced, ifany. 9. Existing drainage shall be inspected within 24 months of the adoption of this ordinance h. Should property owner be unable to meet the requirements set forth in this section then an alternative engineered solution for flood protection may be presented to the building. official or his/her designee in consultation with the director of resilience and public works. Drainage systems subject to the requirements in subsection 20-3(15)oft this chapter where the owner fails to timelyrespond to the notice of required recertification or fails to make all required repairs or modifications found to be necessary by the deadline specified in the Code or any written extension granted by the building official, or designee, shall result in enforcement as provided in chapter 2, article X of the City Code in addition to any other enforcement provided in section 20-14. Sec. 20-4. Development within special flood hazard areas. (a) No new construction or substantial improvement of any residential structure shall be permitted special flood hazard areas, and no permit referred to in section 20-3 of this chapter shall be issu therefor, unless said new construction or substantial improvement has the lowest floor (including basement) elevated to or above the level of the base flood elevation (100-year flood) plus one No new construction or substantial improvement of any nonresidential structure shall be permitted in special flood hazard areas, and no building permit referred to in section 20-3 of this chapter shall be issued therefor, unless said new construction or substantial improvement has the lowest floor (including basement) elevated to or above the level of the base flood elevation (100-year flood) plus one foot of freeboard, or if the lowest permitted floor level of such nonresidential structure (including basement) is below the base flood elevation level then such nonresidential structure together with attendant utility and sanitary facilities shall be designed with dry floodproofing up to or above the level of the base flood elevation_(100-year flood).plus one foot of freeboard ene-feetabeve e'eveHHPeeReHee: provided that the lowest floor-levet of such nonresidential structure isin compliance with section 20-3(11). (ineluding excluding basement). Where floodproofing is utilized for a particular structure, a registered professional engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depth, pressures, velocities, impact and uplift forces associated with the base flood elevation, and a record of such certificates indicating the specific elevation as measured in reference to NAVD 884 to which such structure is floodproofed (1) Direct access to the common areas for dwelling. units or dwelling. units shall be elevated to above the level of the base flood elevation_(100-year flood)_plus one foot of freeboard and dry flood (2) Designs shall not prevent access to the common areas of dwelling. units, and designs for dry. floodproofing. shall require measures or system components that do not require human intervention or action before the onset of flooding. to be effective. freeboard (b) shall be maintained with the building official or his/her designee. proofing. shall be restricted to independent commercial areas. (3) The lowest point of a basement entrance shall be at a minimum above the base elevation or the level of the base flood elevation (100-year flood), whichever is higher plus one foot of freeboard. (c) All electrical, heating, air conditioning equipment, ventilation, plumbing, and other service facilities, including duct work, shall be elevated to or above the base flood elevation plus one foot. (d) All manufactured homes placed, replaced, or substantially improved shall be elevated SO that: (1) The bottom of the frame of the manufactured home is elevated to or above the base flood elevation plus one foot of freeboard; at least an equivalent strength; and (2) The manufactured home chassis is supported by reinforced piers or other foundation elements of (3) The manufactured home shall be securely anchored to the adequately anchored toundation system to resist flotation, collapse and lateral movement. Sec. 20-5. Development within coastal high hazard areas. (b) No new construction or substantial improvement shall be undertaken, and no permit referred to section 20-3 of this chapter may be issued therefor upon any lands within coastal high hazard which are below the level of the base flood elevation unless said new construction or substantial improvement: (e) Latticework, mesh screening, or decorative screening shall be allowed below the lowest floor provided it is not part of the structural support of the building and is designed to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which it is to be used and provided the following design specification is met: For the purposes of this section, a non-load bearing wall is a breakaway wall and shall have a design safe loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when sO required by local or state codes) may be permitted only ifa registered professional engineer or architect certifies that the designs proposed meet the following (1)B Breakaway wall collapse shall result from a water load less than that which would occur during (2) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water loading conditions: the base flood elevation; and values used shall be those associated with the base flood elevation. Wind loading values used shall be those required by applicable state or local building standards. Sec. 20-12. Variances and appeals. (a) Authority of the-bulidlingeffcial variance review committee. The buding-efficial variance review committee shall be comprised of the Building Official, and the Directors of Resilience an Public Works, Building, Planning.and Zoning. The variance review committee, acting.by.major vote, and pursuant to this section, shall have the authority and duty to consider and act upon applications for a variance from these regulations for properties located within the corporate limit the City of Miami, Florida. The bulleing-official variance review committee is hereby advised that granting any variances hereunder, said official shall consider the purposes of the National Flood Insurance Program as specified in 44 CFR 60 et seq. Furthermore, the bullding-offieiel variance review committee shall consider the fact that an annual report on variances granted shall be submitted to the National Flood Insurance Administration, which report is the basis for continued availability of flood insurance to the inhabitants of the city, and therefore variances shall be grant The budingeficia variance review committee may grant variances from the terms of thi chapter as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions hereof will result in exceptional hardship, and sO the spirit of the regulations shall be observed and substantial justice done; provided, that the variance will be in harmony with the general purpose and intent of this chapter and that the same is the minimum variance that will permit the reasonable use of the premises. Upon receipt of all necessary information including a staff report, the bulding-effieial variance review committee shall review information and render his/her their decision, either approving, modifying or denying the request. decision and supporting documentation shall be reviewed by the director of the building department who shall document concurrence as part of the record. A copy of said decision shall be published-na mewspaperergenera-erethation via the City's website at www.mamgoy.com. All approvals or modifications shall not be effective until ten days after the bulldingoficials variance review committee decision is published emewgpeperergenere-ereuiaon on the City's website at www.mamgovcom. Acourtesy notice containing the decision of the buding-ofieial variance review committee may be mailed to adjacent and abutting property owners of record, their tenants, or their agents, that are duly noted on the application. The failure to mail or receive such courtesy notice shall Varanees-may-bissuet-by-tne-bueingeHefelaHerthereeenstruetem,fehabitatien-er esteratienretstrueS-Sleentne-NeBona-Re9steroHHIStOnEPRees-OFmeState-myentery-et istemeplaees-witnoutregertonetneprcectressetohitnerememaimsercmsse"sechen,exeepter SHDSeeHOP--nePe-PPeBeA-eprepesee-eseSenSRHGHOR-FehaBH#AHO,OFTeSNeFAHO-WHRe: eSW#-PRP-SRHEHPeNPe-eAHSSERea-des1maeR. Designated Historic Buildings. Al variance is authorized to be issued for repair, improvement. or rehabilitation of a historic building that is determined eligible for the exception to the flood-resistant construction requirements of the Florida Building. Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the with extreme caution. (b) not affect any action or proceedings taken hereunder. (c) proposed repair, improvement. or rehabilitation will not preclude the building's continued designation as a historic buildingand the variance is the minimum necessary to preserve the historic character and design of the building. Ift the proposed work precludes the building's continued designation asa historic building, a variance shall not be granted and the building and any repalr.mprovement. and rehabilitation shall be subject to the requirements of the Florida Building Code. In passing upon all such applications except those pursuant to subsection (c) herein, the DUHdHng-eHCa variance review committee shall consider all technical evaluations, all relevant factors, (d) all standards specified in other sections of this chapter, and: (1) (2) (4) (5) (6) proposed use; (7) (8) (9) (10) (11) The danger that material may be swept onto other lands to the injury of others; The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; The importance of the services provided by the proposed facility to the community; The necessity of the facility to be located on the waterfront; The availability of alternative locations, not subject to flooding or erosion damage, for the The compatibility of the proposed use with existing and anticipated development, The relationship of the proposed use to the comprenensive plan and floodplain The safety of access to the property in times of flood for ordinary and emergency vehicles; The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water Upon consideration of the factors listed above, and the purposes of this chapter, the building effieiat variance review committee may attach such conditions, limitations, and restrictions to any variance as the building-efficial variance review committee deems necessary to further the purposes of management program for that area; systems, and streets and bridges. (e) this chapter. (f) (1) Criteria for variances. Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary in order not to destroy the Variances shall only be granted upon () a showing of good and sufficient cause, (i) a determination that failure to grant the variance would result in exceptional hardship, and (ii) a determination that the granting of a variance will not result ini increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. Any applicant to whom a variance is granted shall be given written notice specifying: That the issuance of a variance to construct a structure below the base flood elevation level will result in increased premium rates for flood insurance up to amounts as big as $25.00 historic character and design of the building. (2) (g) (1) for $100.00 ofi insurance coverage, and (2) (h) Such construction below the base flood elevation level increases risks to life and property. The budingeficiat variance review committee shall maintain the records of all variance actions, including justification for their issuance, and report such variances to the Federal Emergency Review and appeal. Any person aggrieved by any. decision of the bulcing-eHiclar variance review committee may appeal to PreMewcemmeewhewhenshabecompaesedohthe-drectensei resieneeamtpubkewe-baMargsPermming,zemingand the city manager or their designees within 15 days after the date of the decision complained of, a written notice of appeal which shall set forth concisely the decision appealed from and the reasons or grounds for appeal. The building director is required to schedule the appeal for hearing at the earliest possible date, and cause notice thereof to be served upon the appellant and the bullding-ofieiel variance review committee. he-dily-managerer maersesgnee-wreehartnemeetng. The appellant shall have the right to present his/her their position to the Feview-cemmittee City_Manager or their designees which shall hear and consider all facts material to the appeal. Fhe-review-cemmitee,ectinglbymeejerltyvete,and The City/Manageror their designees pursuant to the criteria set forth in subsection (f), shall either affirm the buding-ofieiel variance review committee refusal to grant a variance or reverse the refusal and grant the variance. The decision of the revieweemittee, City Manager or their designees which shall be rendered within 15 days after conclusion of the hearing, shall constitute final administrative review. Any person aggrieved by any decision of the review committee on an appeal shall be entitled to judicial review in Management. Agency. () accordance with the Florida Rules of Appellate Procedure. Sec. 20-14. Penalties for violation. (รง) Violation of this chapter mayresultins suspension orr revocation of certificate of occupancy. Sec. 20-17. Fill prohibition for areas not covered by structures. With the exception of any legally permitted building or accessory structure, no other portion of a lot, defined by the Miami 21 Code, the zoning ordinance of the City of Miami, Florida, as amended, that is bel crown of road or Miami-Dade County flood criteria maps, whichever is lower, may be elevated or filled sO obliterate the natural contour of the lot. This section shall not apply to any work necessary to provide reasonal vehicular access to the lot.existing.grade elevations, below 6.00'NAVD.88. or for any filling required immediately adjacent and in connection with construction or reconstruction of a seawall. Elevated or filled lots (a) Be enclosed byap perimeter retaining.wall. minimum elevated 12" above highest existing and proposed arerequired to meet the folowingreguiremens: grade elevations. (b) Provide a drainage calculation that demonstrates retention of rainwater within surrounding.property. lines based on 100-year storm, 20 minutes time of concentration.per. design standards Miami Dade County. Public Works Manual Part 2- Design and Construction- WC 1.1 Rainfall Intensiies-5min. to 24hrs. Section 3. Ifany section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective ten (10) days after adoption by the City Commission. [2] [1] Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. [2] This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Meeting History Powered by Granicus Climate Resilience Committee FY 24-25 Budget Enhancement Request Committee Chair: Wayne Pathman Mission Statement Website: www.miamigov.com/My-GovernmentBoards-Commitees/Climate-Reilesllence-Commitee Tos study climate change and its effect on the City of Miami and make recommendations to the City Commission for increasing the City's resilience to climate change impacts. Description The purpose, powers, and duties of the Climate Resilience Committee are; (1)Shall recommend changes to the City Code and any City policy necessary to help the City, its residents, businesses, institutions, and natural systems adapt to, prepare for, and thrive ini the various stresses related to climate change, including but not limited to emissions of greenhouse gases, increasing flood risks, increasing groundwater levels, more intense storms resultingi in high tides and storm surges, increasing high heat days, salt water intrusion, drought, extreme weather events, and water and vector- borne illnesses. (2) Have the responsibility to review and evaluate issues related to the use, disposition, and/or development of City-owned waterfront property and shall provide advice to the City Commission concerning those issues and only such other matters as are referred to it by the City Commission in regard to City or public land abutting water. (3) Expected to be aware of City policies concerning development and coordinate its endeavors with other City committees and boards which will be affected by the Committee's recommendations. City Code Sec. 2-1276.- - Annual budget. (a) Procedure. Upon the effective date oft the enactment of the ordinance from which this division derives, the committee shall establish a fiscal year which coincides with that of the city. Within 60 calendar days following the effective date oft the enactment of the ordinance from which this division derives, the committee shall submit to the city commission, in at form acceptable to the city manager, a mandatory annual budget for adoption and ratification by majority vote oft the city commission. Nothing contained herein shall be construed to prohibit the committee from submitting a supplemental budget to the city commission for approval. All expenditures shall comply with city (b) Expenditures. No expenditure shall be made in any given year without approval by the city commission of the procedures for acquisition of goods and services. committee budget for that year. In addition, the following shall apply: (1) Expenditures shall primarily be made fori the engagement of experts and consultants to provide analyses, reports, recommendations, and other resources or to implement programs to help the city and its residents (2) NoI more than ten percent of the committee's budget shall be used to reimburse voting members or city employees for attendance at various conferences, seminars, and events. Voting members oft the committee shall comply with the state's Sunshine Law when attending such conferences, seminars, and events. (c) No conflicts ofi interest. Voting members oft the committee shall comply with the confict-of-interest provisions oft the City Code, the conflict of interest and ethics ordinance of Miami-Dade County, and all other laws that may apply when preparing the annual budget and expenditures oft the committee. (d) No deficiencies. No provision contained in this division shall be construed to violate the Anti-Deficiency. Act, adapt to and prepare for the adverse impacts related to sea level rise. as set forth in sections 18-500--18-503 of the City Code, as amended. Enhancement Request Item 1 Estimated cost $2,500 Enhancement Name Enhancement Description Attend Climate Resilience Conferences Attend events to enhance knowledge and network with peers. Local conferences include Urban Land Institute, Southeast Florida Climate Change Compact, Climate Ideas Aspen Summit. 2 Engage Consultants for Professional Services to Develop al Report CRC will write a Scope of Work proposal to $22,500 issue an RFP for a consultant to assist with analysis, best practices, and specific recommended policy language on at topic directly related to CRC's Mission Statement, such as tree canopy preservation, inclusion of permeable pavement in swales and right- of-way, or property tax benefits to assist in moving vulnerable residents to a safer relocation area. Scope of work to include stakeholder outreach, best practice analysis, research, periodic progress updates, Final Report and policy recommendation creation, and presentation to CRC, COM Staff, Commission, and Community. TOTAL $25,000 Enhancement Justification Please provide details for each line item on how this improves the committee's ability to perform its duties. 1. Attending conferences and forums to hear about current approaches to addressing climate change challenges will enable the committee to recommend innovative legislative approaches for the City of Miami. 2. Recommending policy can be difficult andi time-consuming. This volunteer Committee meets monthly and can be assisted by bringing on expert consultants to assist with executing specific policy recommendations that the CRC will lead. The consultants can assist in providing research on best practices and existing use cases, convening local stakeholder meetings, and, mosti importantly, synthesizing thet findings. This will allow the CRC tol better utilize its expertise, work together to perform our duties, and prepare the city for climate-related shocks and stressors.