The URL can be used to link to this page

Home My WebLink AboutOrdinanceCity %J Miami G�TY OF LJ 1 Legislation * IRRRRR uA- �F RR RR Q l ° R �° Ordinance: File Number: 6595 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 2/13/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA ("MCNP"), BY MODIFYING THE PARKS, RECREATION, AND OPEN SPACE ELEMENT OF THE MCNP TO PROVIDE REQUIREMENTS FOR REPLACEMENT OF CONVERTED PARK LAND; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, the City Commission adopted the Miami Comprehensive Neighborhood Plan ("MCNP") pursuant to Chapter 163, Part II, Florida Statutes, via Ordinance No. 10544; and WHEREAS, conditions have required that the City of Miami ("City") amend the MCNP from time to time pursuant to Expedited State Review, State Coordinated Review, and Small - Scale Amendment processes as established in Section 163.3184, Florida Statutes, depending on specific circumstances; and WHEREAS, the MCNP guides existing and future development; evaluates how the City meets the needs of existing and future residents, visitors, and development; and provides a "master plan" that the City considers when making development decisions; and WHEREAS, the City should regularly update its MCNP to reflect changes in local conditions; and WHEREAS, given that growth and change can affect every aspect of the City, it is imperative that the MCNP address various aspects of the community's future; and WHEREAS, Policy PR -2.1.1 of the Parks, Recreation, and Open Space Element of the MCNP contains a no -net -loss policy for park land, which includes replacing any converted park land with land similar in park, recreation, or conservation value in terms of usefulness and location; and WHEREAS, Policy PR -2.1.1 of the MCNP should be amended to provide that converted park land must be replaced with a single park of equal or larger size of the park land being converted unless approved by a unanimous vote of the City Commission after a determination supported by proffered evidence that best efforts have been made to comply with this provision and a finding with reasons included in the record that such conversion is in the best interests of the City, and that smaller parks less than 40,000 square feet in size cannot be aggregated together to count towards the replacement; and WHEREAS, text amendments to comprehensive plans in the State of Florida must comply with the Expedited State Review process pursuant to Section 163.3184, Florida City of Miami Page 1 of 3 File ID: 6595 (Revision: B) Printed On: 31912020 File ID: 6595 Enactment Number: Statutes, including transmitting the amendment to certain reviewing agencies after the first public hearing; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on January 15, 2020, following an advertised public hearing, adopted PZAB Resolution R-20-004 by a vote of eight to one (8-1), recommending approval to the City Commission; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its inhabitants that the MCNP be amended as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The MCNP is revised by amending the text of the Policies of said Ordinance as follows:' "PARKS, RECREATION, AND OPEN SPACE Goal PR -2: Preserve and enhance existing parks and recreation facilities. Objective PR -2.1: Protect existing park land. Policy PR -2.1.1: The City has a no -net -loss policy for public park land and will adopt procedures to this effect for park land in the City Zoning Ordinances, as described in the 2007 Parks and Public Spaces Master Plan. These will allow only recreation and cultural facilities to be built on park land, will limit building footprint on any such land, will require that conversion of park land for any other purposes be subject to public procedures, and replace the converted park land with land similar in park, recreation or conservation value in terms of usefulness and location. Converted park land must be replaced with a single park of equal or larger size of the park land being converted unless approved by a unanimous vote of the City Commission after a determination supported by proffered evidence that best efforts have been made to comply with this provision and a finding with reasons included in the record that such conversion is in the best interests of the City. Smaller parks less than 40,000 square feet in size cannot be aggregated together to count towards the replacement. *„ Section 3. It is found that this Comprehensive Plan text amendment: (a) Is necessary due to changed or changing conditions; 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. City of Miami Page 2 of 3 File ID: 6595 (Revision: B) Printed on: 3/9/2020 File ID: 6595 Enactment Number: (b) Follows an Expedited State Review process pursuant to Section 163.3184(3), Florida Statutes; (c) Is one which is not located within an area of critical state concern as designated by Section 380.0552, Florida Statutes, or by the Administration Commission pursuant to Section 380.05(1), Florida Statutes. Section 4. The City Manager is directed to promptly transmit a copy of this proposed amendment to reviewing agencies as specified in Section 163.3184(1)(c), Florida Statutes, for required review. Section 5. The City Manager is directed to review all comments received and to take these comments into consideration for any necessary revisions for Second Reading of this proposed amendment. Section 6. The City Manager is directed to promptly transmit, within ten (10) working days after Second Reading, a copy of the adopted amendment along with supporting data and analysis to the State Land Planning Agency and all appropriate reviewing agencies or local governments that provided timely comments after First Reading pursuant to Section 163.3184, Florida Statutes. Section 7. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 8. Pursuant to Section 163.3184, Florida Statutes, this Ordinance, if not timely challenged, shall become effective thirty-one (31) days after the State Land Planning Agency notifies the City that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the State's Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance.2 APPROVED AS TO FORM AND CORRECTNESS: i ria ndez,'City Attoriey 1/21/2020 z 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. City of Miami Page 3 of 3 File ID: 6595 (Revision: B) Printed on: 3/9/2020