HomeMy WebLinkAboutPre-LegislationCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-23-013
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 13229 Final Action Date: 1/18/2023
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, 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 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
Sec. 163.3177(6)(e), Fla. Stat., 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, Sec. 163.3177(1) Fla. Stat. 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,
("Miami 21 Code"), the City's comprehensive zoning ordinance, already provides for limitations
on recreational and cultural facilities to be built on park land and limitations for building footprints
on such land; and
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WHEREAS, the City of Miami 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
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 Planning, Zoning and Appeals Board has considered the goals,
objectives, and policies of the MCNP and finds this Resolution to be consistent with the same;
and
WHEREAS, the PZAB, 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;
NOW, THEREFORE, BE IT RESOLVED BY THE 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 and incorporated as if fully set forth in this Section.
Section 2. The Planning, Zoning and Appeals Board hereby recommends that the City
Commission approve the request to amend Chapter 62/Article II of the Code of the City of
Miami, Florida, as amended, titled "Planning and Zoning/ Comprehensive Planning" 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:
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.
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(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.
*11
Section 3. The Planning, Zoning and Appeals Board hereby recommends that the City
Commission approve the request to amend Chapter 62/Article II of the Code of the City of
Miami, Florida, as amended, titled "Planning and Zoning/ Comprehensive Planning" by adding
Article XIX, titled "No Net Loss for park land" in the following particulars:2
"CHAPTER 62 PLANNING AND ZONING
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 procedure 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 Planning Director, in consultation with the Director of
the Parks and Recreation Department and referencing the City's Parks and Open Space Master
Plan and Miami Comprehensive Neighborhood Plan, 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 amend the FLUM out of Public
Parks and Recreation category except upon compliance with the below procedures:
(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 and
provided that replacement properties for park land must be replaced with land a
2 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.
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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 is 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;
(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 Director of the Parks and
Recreation Department in consultation with the Planning Director and approved
by the City Commission at a Public Hearing. In determining the level of
improvement needed, the Director of the Parks and Recreation Department may
consider the appropriate replacement park type (urban, suburban, regional, etc.)
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 five (5) 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 and City Clerk 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 City Clerk.
Sec 62-704. Enforcement.
Enforcement of this Article shall be as set forth in Chapter 2, Article X of this Code and
any other remedies available in law or equity, which use of one remedy shall not preclude the
use of another."
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 adoption thereof.
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Reviewed and Approved:
Lakisha Hull AICP LEED AP BD+C
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