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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. .. ' 04. ffIt ' - 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 Titan, 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 13919 Legislation -SUB FIIe ID: 13919 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 1 :� "CHAPTER 62 PLANNING AND ZONING c-) cn a — � rri -�n ? ARTICLE II. COMPREHENSIVE PLANNING c -o a> --+ nic -r -" N 0 r— ,A" - 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. 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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. 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 Citv 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_ maybe converted to another use, rezoned out of Civic Space (CS) Transect Zone, or have its .LUM; changed from the Public Parks and Recreation category except upon compliance with -the blow 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 lanai a minimum of twenty thousand (20,000) square feet or two hundred (200) lineal - feet of street frontage or it shall not be utilized towards compliance with thin" 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 RIGID: 13919 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number policy, with the exception of the replacement park land being used for a City - owned public facility; (c) Replacement Dark 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: ▪ yj 1 ' 71 c=:. N [`-1 w f71ri � -4-, , + 40, 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: 713/2023 11.11 0 R X File Number: 13919 City of Miami Ordinance Legislation SUBSTITUTED City Hall 3500 Pan American Driv Miami, FL 33133 www.miamigov.co Final Acti ► Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING C 62/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING/COMPREHENSIVE PLANNING," TO CREATE A NO POLICY; FURTHER AMENDING CHAPTER 62 OF THE CITY "PLANNING AND ZONING," CREATING A NEW ARTICLE "PROCEDURES FOR NO NET LOSS POLICY FOR PAR ESTABLISH LAND DEVELOPMENT REGULATIONS T POLICY PR-2.1.1 OF THE MIAMI COMPREHENSIV CREATING STANDARDS FOR THE REPLACEME PARK LAND TO OTHER USES; CONTAINING A AND PROVIDING FOR AN IMMEDIATE EFFEC APTER S T LOSS ODE, TITLED X, TITLED LAND," TO AT IMPLEMENT EIGHBORHOOD PLAN; AND CONVERSION OF VERABILITY CLAUSE; IVE DATE. WHEREAS, the Miami Comprehensive Neighb. hood Plan ("MCNP"), as required by Section 163.3177(6)(e), Florida Statutes, contains a -quired recreation and open space element that identifies the City of Miami's ("City") g' als, policies, and objectives related to natural reservations, parks and playgrounds, parays, beaches and public access to beaches, open spaces, waterways, and other recreation facilities; and WHEREAS, Section 163.3177(1), F .rida Statutes, provides that a comprehensive plan, inter alia, "shall ... provide meaningful g delines for the content of more detailed land development and use regulations"; and • WHEREAS, in furtherance opportunities for active and passi recreation and open space, per and recreation needs," the M and Goal PR-1 of the MCNP, which is to "Provide sufficient`,. e recreation to all City residents based on access to parks.7, apita park funding, and regular surveys of residents on park. P has identified various policies in furtherance of such aim Cif WHEREAS, Pol y PR-2.1.1 of the MCNP establishes that "[t]he City has a no=net-ksts policy for public park : nd and will adopt procedures to this effect for park land in the City fining Ordinances, as des, ibed in the 2007 Parks and Public Spaces Master Plan which will allow only recreation a • cultural facilities to be built on park land, will limit building footprint on any such land, will r-.uire that conversion of park land for any other purposes be subject to public procedures, a - d replace the converted park land with land similar in park, recreation or conservatio value in terms of usefulness and location"; and HEREAS, Ordinance No. 13114, the Zoning ordinance of the City of Miami, Florida, as amen. -d ("Miami 21 Code"), already provides for limitations on recreational and cultural facile es 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 SUBSTITUTED 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, '023, recommended that the proposed amendment creating Section 62-702(d) be amended to eflect that any such parks should be available for use by the general public within two and a ' alf (2.5) years versus five (5) years; and WHEREAS, the City Commission wishes to adopt more detailed land de -lopment regulations to implement Policy PR-2.1.1 by adopting standards and procedur= to ensure that no net loss of park land occurs in the future; and WHEREAS, consideration has been given to the need and justifi• tion for the proposed codified changes, that make the passage of the proposed change nec-ssary; and WHEREAS, the City Commission has considered the goal-, objectives, and policies of the MCNP and finds this Ordinance to be consistent with the sa e; NOW, THEREFORE, BE IT ORDAINED BY THE CI COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this -ction. Section 2. Chapter 62/Article II of the Ci Code is hereby amended in the following particulars:1 "CHAPTER 6 'LANNING AND ZONING ARTICLII. COMPREHENSIVE PLANNING * :.1 Crt 4.4 Sec. 62-11. Land devel ment regulations. The land de -lopment regulations of the city are as follows: * 00) Article XIX of the City Code, establishing policies and procedures to imement the no net Toss provision for park land contained within the Parks, Recreation d Open Space element within the Miami Comprehensive Neighborhood Plan. * * *„ 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 SUBSTITUTED 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 D Section 62-700. Intent. It is intended that the following regulations be established to create proce detailed standards for the conversion of park land within the City as rep of the Miami Comprehensive Neighborhood Plan. Furthermore, the co be subject to public procedures. It is intended that the City receive p recreational, or conservation value in terms of usefulness and loc time frames set forth in Section 62-702(d) of this Code simultan elimination of any existing park land. res and more ed by Policy PR-2.1.1 ersion of park land will k lands of suitable park, on in accordance with the us with the conversion or 6� NJ Section 62-701. Prohibition on issuance of inconsistent de elopment orders. rn No development order, as defined in Sec. 163. , 64(15), Fla. Stat., as amended mayabe rnt issued if such development order is inconsistent wit his Section, however a devel pment-o der 0 may be issued when consistent with the procedur- • in this Section. - 'n rn Section 62-702. Procedures for conversion of ' -rk land. at-) -a ry In construing these provisions, the ' lanninq Director, in consultation with the [Direct of the Parks and Recreation Department a : referencing the City's Parks and Open Space Master Plan and Miami Comprehensive Nei orhood Plan, is authorized to determine whether the converted park land and the replacer ent park land constitutes a park without regard to a property's zoning designation in M'.. mi 21. No existing park land in the City may be converted to another use, rezoned out of Civi pace (CS) Transect Zone, or have its FLUM changed from the Public Parks and Recreati• category except upon compliance with the below procedures: (a) Park Ian, must be replaced by land of the same or greater area; may be calculate• n the aggregate, and; provided in various locations and sizes provide• that replacement properties for park land must be replaced with land a minim , m of twenty thousand (20,000) square feet or two hundred (200) linear feet •f street frontage or it shall not be utilized towards compliance with this Di ision; (b) Replacement park land must be dedicated or convened 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 SUBSTITUTED Enactment Number, (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 usefulness and location, as recommended by the Director of the Parks and Recreation Department in consultation with the Planning Director and appr • ed by the City Commission at a Public Hearing. In determining the level of improvement needed, the Director of the Parks and Recreation Depart ' ent may consider the appropriate replacement park type (urban, suburban, reonal, etc.) and the types of improvements that are needed for such replacem = t park land to provide a similar or improved level of service to that neighborh -od of the converted park land, including, but not limited to, access to Ci esidents and its ability to provide new or improved passive or active recreatio ' services; and (d) Development orders or other agreements approved which include conditions detailing steps to be taken for land use to another use consistent with this Section and construction of the Park Improvements to appr shall commence within (1) year of approval of th available for use by the general public within fi the park land it replaces, unless extended b e Section 62-703. Inventory of converted park land. b the City Commission e conversion of the park all be permitted. Permitting ved replacement park land development order and be (5) years of the conversion of City Manager. It shall be the duty of the City Manager and ' it/ Clerk to maintain an inventory of converted park land and its corresponding replac: ent land which shall be kept on file with the Department of Planning and City Clerk." Section 4. If any section, part of a s - ction, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaini g provisions of this Ordinance shall not be affected. Section 5. This Ordinance shbecome effective immediately upon adoption wig signature of the Mayor.2 N e>rn co) rri APPROVED AS TO FORM A • CORRECTNESS: �© 2 his 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: 9/12/2023