HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
Second Reading
File ID: #13919
Date: 04/25/2023
Commission Meeting Date: 10/12/2023
Type: Ordinance
Subject: Amend Code - Chapter 62 -
No Net Loss
Requesting Department: Department of
Planning
Sponsored By:
District Impacted: All
PURPOSE OF ITEM:
The purpose of this amendment is to amend Chapter 62 of the Code ("the Code"), more
specifically titled, "Planning and Zoning," more particularly by amending Article II titled
"Comprehensive Planning" and creating Article XIX titled "Procedures for No Net Loss
Policy for Park Land" to establish land development regulations that implement policy
PR-2.1.1 of the Miami Comprehensive Neighborhood Plan; Creating land development
regulations that implement policy PR-2.1.1 of the Miami Comprehensive Neighborhood
Plan; Creating standards for the replacement and conversion of park land to other uses;
containing a severability clause; and, providing for an immediate effective date.
BACKGROUND INFORMATION:
On January 18, 2023, at a duly noticed public hearing, the Planning, Zoning and
Appeals Board ("PZAB") considered this matter, PZAB.9 (File ID 13229), an update to
the Code, and recommended approval, with the condition to cut down the conversion
from five years to two and a half years, by a vote of 9-0; enactment PZAB-R-23-013.
Budget Impact Analysis
Item has NO budget impact
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
City Commission
Department of Planning
Review Completed
Office of Management and Budget
Office of Management and Budget
City Manager's Office
Legislative Division
City Manager's Office
Office of the City Attorney
City Commission
Reviewed B
Joseph Castro Meeting
Lakisha Hull AICP LEED AP BD+C
05/11/2023 12:10 PM
Fred Pericles Budget Analyst Review
Marie Gouin Budget Review
Nzeribe Ihekwaba Deputy City Manager Review
Valentin J Alvarez Legislative Division Review
Arthur Noriega V City Manager Review
George K. wysong III ACA Review
Joseph Castro Meeting
Completed 05/11/2023 9:00 AM
Department Head
Completed
Completed
Completed
Completed
Completed
Completed
Completed
05/12/2023 10:09 AM
05/15/2023 5:08 PM
05/16/2023 9:55 AM
05/16/2023 11:48 AM
05/16/2023 3:00 PM
05/16/2023 5:23 PM
05/25/2023 9:00 AM
City of Miami File ID: 13919 (Revision: 8) Printed On: 1/2/2024
City Commission Joseph Castro Meeting Completed 06/22/2023 9:00 AM
City Commission Joseph Castro Meeting Completed 07/13/2023 9:00 AM
City Commission Todd B. Hannon Meeting Completed 09/14/2023 9:00 AM
Legislative Division Valentin J Alvarez Legislative Division Review Completed 09/15/2023 2:59 PM
Office of the City Attorney George K. Wysong III ACA Review Completed 09/29/2023 2:30 PM
Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 10/02/2023 10:57 AM
City Commission Maricarmen Lopez Meeting Completed 10/12/2023 9:00 AM
Office of the Mayor Mayor's Office Unsigned by the Mayor Completed 10/18/2023 5:52 PM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 10/18/2023 5:55 PM
Legislative Division Valentin J Alvarez Legislative Division Review Completed 11/08/2023 9:10 AM
Office of the City Attorney George K. Wysong III ACA Review Completed 12/29/2023 1:31 PM
Office of the City Attorney Victoria Mendez Approved Form and Correctness with Modification(s) Completed
Office of the City Clerk City Clerk's Office Rendered Completed 01/02/2024 11:05 AM
City of Miami File ID: 13919 (Revision: B) Printed On: 1/2/2024
City of Miami
Legislation
Ordinance
Enactment Number:14213
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13919 Final Action Date: 10/12/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 62/ARTICLE II OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND
ZONING/COMPREHENSIVE PLANNING," TO CREATE A NO NET LOSS
POLICY; FURTHER AMENDING CHAPTER 62 OF THE CITY CODE,
TITLED "PLANNING AND ZONING," CREATING A NEW ARTICLE XIX,
TITLED "PROCEDURES FOR NO NET LOSS POLICY FOR PARK LAND,"
TO ESTABLISH LAND DEVELOPMENT REGULATIONS THAT
IMPLEMENT POLICY PR-2.1.1 OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN; CREATING STANDARDS FOR THE
REPLACEMENT AND CONVERSION OF PARK LAND TO OTHER USES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, the Miami Comprehensive Neighborhood Plan ("MCNP"), as required by
Section 163.3177(6)(e), Florida Statutes, contains a required recreation and open space
element that identifies the City of Miami's ("City") goals, policies, and objectives related to
natural reservations, parks and playgrounds, parkways, beaches and public access to beaches,
open spaces, waterways, and other recreational facilities; and
WHEREAS, Section 163.3177(1), Florida Statutes, provides that a comprehensive plan,
inter alia, "shall ... provide meaningful guidelines for the content of more detailed land
development and use regulations"; and
WHEREAS, in furtherance of Goal PR-1 of the MCNP, which is to "Provide sufficient
opportunities for active and passive recreation to all City residents based on access to parks,
recreation and open space, per capita park funding, and regular surveys of residents on park
and recreation needs," the MCNP has identified various policies in furtherance of such aims;
and
WHEREAS, Policy PR-2.1.1 of the MCNP establishes that "[t]he 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 which 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"; and
WHEREAS, Ordinance No. 13114, the Zoning ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code"), already provides for limitations on recreational and cultural
facilities to be built on park land and limitations for building footprints on such land; and
WHEREAS, the City has established precedent through consistent application and
action by its Commission in various public hearings the intent and objective of its
implementation of Policy PR-2.1.1; and
City of Miami File ID: 13919 (Revision: 8) Printed On: 1/2/2024
WHEREAS, the Planning, Zoning and Appeal Board, at its meeting on January 18, 2023,
recommended that the proposed amendment creating Section 62-702(d) be amended to reflect
that any such parks should be available for use by the general public within two and a half (2.5)
years versus five (5) years; and
WHEREAS, the City Commission wishes to adopt more detailed land development
regulations to implement Policy PR-2.1.1 by adopting standards and procedures to ensure that
no net loss of park land occurs in the future; and
WHEREAS, consideration has been given to the need and justification for the proposed
codified changes, that make the passage of the proposed change necessary; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP and finds this Ordinance to be consistent with the same;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
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 62/Article II of the City Code is hereby amended in the following
particulars:'
"CHAPTER 62 PLANNING AND ZONING
ARTICLE II. COMPREHENSIVE PLANNING
Sec. 62-11. Land development regulations.
The land development regulations of the city are as follows:
(10) Article XIX of the City Code, establishing policies and procedures to
implement the no net loss provision for park land contained within the Parks, Recreation
and Open Space element within the Miami Comprehensive Neighborhood Plan.
*„
Section 3. Chapter 62 of the City Code is further amended in the following particulars:1
"CHAPTER 62 PLANNING AND ZONING
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 File ID: 13919 (Revision: 8) Printed On: 1/2/2024
ARTICLE XIX. PROCEDURES FOR NO NET LOSS POLICY FOR PARK LAND
Section 62-700. Intent.
It is intended that the following regulations be established to create procedures and more
detailed standards for the conversion of park land within the City as required by Policy PR-2.1.1
of the Miami Comprehensive Neighborhood Plan. Furthermore, the conversion of park land will
be subject to public procedures. It is intended that the City receive park lands of suitable park,
recreational, or conservation value in terms of usefulness and location in accordance with the
time frames set forth in Section 62-702(d) of this Code simultaneous with the conversion or
elimination of any existing park land.
Section 62-701. Prohibition on issuance of inconsistent development orders.
No development order, as defined in Sec. 163.3164(15), Fla. Stat., as amended, may be
issued if such development order is inconsistent with this Section, however a development order
may be issued when consistent with the procedures in this Section.
Section 62-702. Procedures for conversion of park land.
In construing these provisions, the City Manager or designee, is authorized to determine
whether the converted park land and the replacement park land constitutes a park without
regard to a property's zoning designation in Miami 21. No existing park land in the City may be
converted to another use, rezoned out of Civic Space (CS) Transect Zone, or have its FLUM
changed from the Public Parks and Recreation category except upon compliance with the below
procedures:
City of Miami
(a) Park land must be replaced by land of the same or greater area; may be
calculated in the aggregate, and; provided in various locations and sizes
provided that replacement properties for park land must be replaced with land a
minimum of twenty thousand (20,000) square feet or two hundred (200) linear
feet of street frontage or it shall not be utilized towards compliance with this
Division:
(b) Replacement park land must be dedicated or conveyed to the City, provided
that replacement park land may be privately owned or owned by another
governmental entity. In the event of a private property owner, a Restrictive Park
Use Covenant, in a form approved by the City Attorney, between the City and
such private property owner shall be made that ensures the public's continued
present and future usage of the property in a manner similar to other City parks.
City owned land located outside of the City limits that abuts an existing City Park
within the City limits may be utilized towards compliance with this Section. No
City -owned land may be used as replacement park land for purposes of this
policy, with the exception of the replacement park land being used for a City -
owned public facility;
(c) Replacement park land must meet the same or higher standard as the park
land it is replacing with similar park, recreation, or conservation value in terms of
usefulness and location, as recommended by the City Manager or designee and
approved by the City Commission at a Public Hearing. For purposes of this
section, Replacement park land shall not be located on a roof top of a building. In
determining the level of improvement needed, the City Manager or designee may
consider the appropriate replacement park type (urban, suburban, regional, etc.)
File ID: 13919 (Revision: 8) Printed On: 1/2/2024
and the types of improvements that are needed for such replacement park land
to provide a similar or improved level of service to that neighborhood of the
converted park land, including, but not limited to, access to City residents and its
ability to provide new or improved passive or active recreation services; and
(d) Development orders or other agreements approved by the City Commission
which include conditions detailing steps to be taken for the conversion of the park
land use to another use consistent with this Section shall be permitted. Permitting
and construction of the Park Improvements to approved replacement park land
shall commence within (1) year of approval of the development order and be
available for use by the general public within three (3) years of the conversion of
the park land it replaces, unless extended by the City Manager.
Section 62-703. Inventory of converted park land.
It shall be the duty of the City Manager or designee to maintain an inventory of
converted park land and its corresponding replacement land which shall be kept on file with the
Department of Planning and Department of Parks and Recreation."
Section 4. 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 5. This Ordinance shall become effective ten (10) day after adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
4ndez, ity (tor
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.
City of Miami File ID: 13919 (Revision: 8) Printed On: 1/2/2024