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HomeMy WebLinkAboutBack-Up DocumentsA 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 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. WHEREAS, climate resilience is an increasingly important matter, especially for the City of Miami ("City"); and 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 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 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; and 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 Ordinance"); and WHEREAS, one of the modifications made during second reading of Ordinance No. 14059 was to prohibit the planting of mangroves along the Baywalk Greenway; and WHEREAS, hybrid shorelines that utilize a combination of grey and green infrastructure are important to City's resilience; and WHEREAS, as sea level rises and tropical cyclones increase in severity, the City's need for resilient and adaptive shorelines is greater than ever; and WHEREAS, mangroves function as an effective and resilient natural buffer along shorelines by attenuating wave energy and stabilizing shoreline sediments; and WHEREAS, mangroves also improve bay water quality, create natural habitat for native species (especially for juvenile fish), reduce urban heating, and sequester carbon; and WHEREAS, the multiple benefits of mangroves make them a critical tool in the resiliency toolbox as outlined in the City's comprehensive Miami Forever Climate Ready Strategy; and WHEREAS, prohibiting mangrove planting along the Baywalk Greenway would reduce the City's ability to design a resilient shoreline; and City of Miami Page 1 of 2 File ID: File ID: Enactment Number: WHEREAS the CRC finds that it 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 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 Climate Resilience Committee hereby recommends to the City Commission that 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. (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 a 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 to 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 park inventory. (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 the taxable nature of the land. (e) The land within the Baywalk Greenway shall not be utilized towards the City's no net loss policy for public park land. (f) Park impact fees shall not be used for the Baywalk Greenway. (g) The plaRtiRg of maRgFeyes aIG)Rg the Baywalk C-4eeAy.4a i is pFehihit " Section 3. This Resolution shall become effective immediately upon adoption. 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 2 File ID