HomeMy WebLinkAboutSubstitution Memo from City ManagerCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Arthur Noriega V, City Manager DATE September 8, 2023
Lakisha Hull, AICP, LEED AP BD+C
Director, Planning Department
SUBJEC' Substitution of FR 2 — No Net
Loss
irN L 3u r. 6. Updated Legislation
Item FR.2 on the September 14, 2023 City Commission Agenda proposes to amend Chapter 62
of the Code of the City of Miami, Florida, as amended, titled "Planning and Zoning," to create a
No Net Loss policy, establish 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, and create standards for the replacement and
conversion of park land to other uses. This item is being substituted to include the following
added provisions:
• Section 62-702 is modified to replace references of the Planning Director, Director of the
Parks and Recreation Department with the City Manager or designee.
• Section 62-702 (b) is modified to include a new sentence, which states that 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.
• Section 62-702 (c) is modified to provide that Replacement Park land shall not be located
on a roof top of a building.
• Section 62-702 (d) is modified to provide that any Replacement park improvements will
be available for use by the general public within three (3) years.
Upon approval, the updated legislation will be forwarded to the Agenda Office for distribution to
the Mayor and all Commissioners.
Approved:
rthur No - ga V, City Manager
i 3919 Sbs'&4 io 4ZT Cth vw&
City of Miami
Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13919 Final Action Date:
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 aim*-:'
and
WHEREAS, Policy PR-2.1.1 of the MCNP establishes that "[t]he City has a no -net -lips
policy for public park land and will adopt procedures to this effect for park land in the :City Aning
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
City of Miami Page 1 of 4 File ID: 13919 (Revision:) Printed On: 9/12/2023
Flle ID: 13919
Enactment Number:
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
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:1
"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 Toss provision for park land contained within the Parks, Recreation
and Open Space element within the Miami Comprehensive Neighborhood Plan.
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 4 File ID: 13919 (Revision:) Printed on: 9/12/2023
File ID: 13919 Enactment Number:
Section 3. Chapter 62 of the City Code is further amended in the following particulars:1
"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 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.
•vi ry
Section 62-701. Prohibition on issuance of inconsistent development orders. n
No development order, as defined in Sec. 163.3164(15), Fla. Stat., as amendej; mavvbe !'fl
issued if such development order is inconsistent with this Section, however a development-ei=der 0
may be issued when consistent with the procedures in this Section. - 'n ��' rn
Section 62-702. Procedures for conversion of park land. j
— ^' i7
In construing these provisions, the Planning Director, in consultation with the lireci l-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 have its FLUM changed from
the 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
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, shall be entered into
between the City and such private property owner 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:
City of Miami Page 3 of 4 File ID: 13919 (Revision:) Printed on: 9/12/2023
File ID: 13919 Enactment Number:
ic) 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."
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 immediately upon adoption aril
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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.
0
City of Miami Page 4 of 4 File ID: 13919 (Revision:) Printed on: 9/12/2023
City of Miami
Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13919 Final Action Date:
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 comprehensivepian,
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
City of Miami Page 1 of 4 File ID: 13919 (Revision:) Printed On: 7/3/2023
File ID: 13919 Enactment Number:
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
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:1
"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:
* * *
c-ar.1
N
-0
r)
(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.
*
*
*„
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 4 File ID: 13919 (Revision:) Printed on: 7/3/2023
File ID: 13919
Enactment Number.
Section 3. Chapter 62 of the City Code is further amended in the following particulars:1
"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 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 subiect 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 zoninq designation in Miami 21. No existing park land in the City ma 13e
converted to another use, rezoned out of Civic Space (CS) Transect Zone, or have its FLUNK
changed from the Public Parks and Recreation category except upon compliance with the blow
procedures:
ry
(a) Park land must be replaced by land of the same or greater area; may be 7
calculated in the aggregate, and; provided in various locations and sizes
provided that replacement properties for park land must be replaced with lanai 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('1
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. No
City -owned land may be used as replacement park land for purposes of this
City of Miami Page 3 of 4 File ID: 13919 (Revision:) Printed on: 7/3/2023
File ID: 13919 Enactment Number.
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.)
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 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."
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 immediately upon adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
rn
rn
m
0
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 Page 4 of 4 File ID: 13919 (Revision:) Printed on: 7/3/2023