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Home My WebLink AboutPZAB (6590) ResolutionEnactment Number: PZAB-R-20-004 File ID: 6590 Final Action Date: 1/15/2020 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("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. WHEREAS, the City Commission adopted the Miami Comprehensive Neighborhood Plan ("MCNP") pursuant to Chapter 163, Part Il, 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 City of Miami Page 1 of 3 File ID: 6590 (Revision:) Printed On: 112112020 City of Miami City Hall PZAB Resolution 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 0 R Enactment Number: PZAB-R-20-004 File ID: 6590 Final Action Date: 1/15/2020 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("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. WHEREAS, the City Commission adopted the Miami Comprehensive Neighborhood Plan ("MCNP") pursuant to Chapter 163, Part Il, 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 City of Miami Page 1 of 3 File ID: 6590 (Revision:) Printed On: 112112020 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 Statutes, including transmitting the amendment to certain reviewing agencies after the first public hearing; and WHEREAS, the PZAB, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its inhabitants to recommend to the City Commission approval of the proposed MCNP amendment as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI PLANNING, ZONING AND APPEALS BOARD 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. The PZAB recommends that the City Commission revise the MCNP by amending the text 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 interest 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: 6590 (Revision:) Printed On: 112112020 (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. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Resolution shall become effective immediately upon its adoption. ite6Garcia, Director rtment of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Executi n Da Personally appeared before me, the undersigned authority, itUk 4C, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS `7I J DAY OF Gt 2020. Print Notary Name Notary Public State of Florida Personally know ✓ or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath My Commission Expires: .Off'►;NAKIA 0. ROBINSON :,• ;.: MY COMMISSION # GG 931596 EXPIRES: December 5, 2023 Bonded Ttru Notary Public Ihbetw Ws City of Miami Page 3 of 3 File /D: 6590 (Revision:) Printed On: 112112020