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Home My WebLink AboutCC Legislation (Version 3)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00929ct Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE PARKS, RECREATION AND OPEN SPACE, CAPITAL IMPROVEMENTS, AND THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP ELEMENTS, IN ORDER TO REVISE THE LEVEL OF SERVICE STANDARD FOR PARKS, RECREATION AND OPEN SPACE FOR CONCURRENCY PURPOSES, AS DIRECTED BY POLICY PR-1.1.4 OF THE CITY'S COMPREHENSIVE PLAN; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes ("Fla. Stat."), the Miami Comprehensive Neighborhood Plan ("MCNP") was adopted by the Miami City Commission pursuant to Ordinance No. 10544, adopted February 9, 1989; and WHEREAS, Fla. Stat,, Chapter 163, Part II, and Chapter 9J-5, Florida Administrative Code ("FAC") required that each local government periodically updated its comprehensive plan through the preparation and adoption of an evaluation and appraisal report assessing the success or failure of the adopted comprehensive plan; and WHEREAS, the Miami City Commission adopted an Evaluation and Appraisal Report ("EAR") on December 1, 2005; and WHEREAS, Fla. Stat,, Chapter 163, Part II., requires that each local government incorporate recommendations contained in the EAR as amendments to the MCNP; and WHEREAS, the City Commission, on May 24, 2007, adopted with modifications, a resolution approving in principle the Miami Parks and Public Spaces Master Plan, dated May 2007, as the guiding tool for the future development and preservation of the city's parks and public spaces as envisioned in the Miami 21 initiatives; and WHEREAS, the City Commission on November 13, 2008 adopted amendments to the comprehensive plan based on the 2005 EAR, and the May 2007 "Miami Parks and Public Spaces Master Plan"; and WHEREAS, Policy, PR-1.1.4., of the Parks, Recreation, and Open Space Element of the Comprehensive Plan was amended to state that the City would conduct a study to support a revised Level of Service ("LOS") for Parks, Recreation, and Open Space for concurrency purposes; and WHEREAS, the LOS study and corresponding MCNP policy text amendments were drafted reflecting best practices and policy recommendations for concurrency purposes; and City of Miami Page 1 of 9 File Id: 12-00929ct (Version: 3) Printed On: 10/12/2012 File Number 12-00929ct WHEREAS, the City conducted two community meetings, and workshops with the Parks and Recreation Advisory Board and the Planning, Zoning and Appeals Board, to brief the public and board members on the study, proposed policies and recommendations, requesting comments and input on documentation; and j WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on October 3, 2012, following an advertised public hearing, adopted Resolution No. PZAB-R-12-040 by a vote of eight to two (8-2), item no. 1, recommending APPROVAL of the text amendments to the MCNP as set forth; and WHEREAS, on October 25, 2012, the City Commission held a duly noticed public hearing, at which time it voted to transmit the text amendments for review by state, regional and local agencies as required by law; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend the MCNP as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; AS FOLLOWS: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 10544, as amended, the MCNP, is hereby revised by amending the text of the Policies of said Ordinance as follows: {1} Interpretation of the 2020 Future Land Use Map Public Parks and Recreation: The primary intent of this land use classification is to conserve open space and green spaces of a park while allowing access and uses which will not interfere with the preservation of any significant environmental features which may exist within the park. This land use designation allows only open space and park uses with recreational and cultural uses where the total building footprints and impervious parking area surfaces in parks of one (1) acre or more may cover no more than 25% of the park land area (See related Policy PR-2.1.3.). Both passive and active recreational uses shall be permitted including but not limited to nature trails, interpretive centers, picnic areas, playgrounds, canoe trails and launches, small concession stands, restrooms, gyms, swimming pools, athletic fields, cultural facilities, marine and marina facilities and other facilities supporting passive and active recreational and cultural uses. Lands under this designation with specific qualities that make them desirable for commercial photography shall be allowed to be used in this manner conditionally, and only when it is determined that conducting such commercial photography will not endanger significant environmental features within the area. [Added 3/23/99 by Ordinance 11782.] City of Miami Page 2 of 9 File Id: 12-00929ct (Version: 3) Printed On: 10/12/2012 File Number: 12-00929ct PARKS, RECREATION AND OPEN SPACE Objective PR-1.1: The City shall work to achieve a medium -term objective of providing a park within a ten (10) minute walk e-nc half milo of every resident. and to achievc a long term- Gb6CC iein ref p rlr i—thin on-e qu•ar4nr mile of ovti-ry rnc.cid_o_n Policy PR-1.1.1: The City will establish a new hierarchy for the City park system to reflect Miami's urban condition, as described in the Miami Parks and Public Spaces Master Plan dated May 2007 and adopted by the City Commission. The hierarchy will have the following elements: 6 Regional Parks - A park typically greater than 30 acres in size with a variety of park landscapes, facilities and programs for city residents, regional visitors, and tourists, or any park serving as a tourist destination of historical, cultural or architectural significance.{2} • Citywide parks: o Destination parks - four types: conservation, waterfront one (1) acre or more over 3- acres, sports complex and aquatic,specialty (unique programs) o Community parks - parks not less than half an acre over 3 acres that include active recreation facilities o Linear parks - greenways and trails • Neighborhood parks - all remaining parks under one(1)(3) acres that do not fit in other categories Policy PR-1.1.2: The City will focus on park land acquisition according to the following four (4) equal priorities that emerged from community preferences during the 2007 Parks Master Plan process: land with water views and/or water access; land for "walk -to" parks, including neighborhood parks, in underserved areas of the City identified in Citywide and NET -area maps in the 2007 Parks Master Plan and any subsequent updates to these maps; land to expand destination and community parks; land for expansion or creation of linear park segments. Information on target priorities and target areas for new parks will be disseminated to all relevant City departments to enhance the potential for parkland acquisition in conjunction with infrastructure and other projects. Ideally, new parks should be at least ene-half an acre in size, but smaller areas may be suitable, depending on the surroundings and proposed uses. Policy PR-1.1.3: The City will provide areas for safe, passive use in all parks, including those in active recreational use parks. The passive areas will include usable green space with plantings, shade and seating. Policy PR-1.1.3.1: The City, through its land development regulations, will designate a zoning category for parks separate from Civic Space. That category will permit a variety of areas for passive and/or greater intensity of recreational use opportunities in parks and open spaces. Policy PR-1.1.4: The City of Miami's Level of Service for Parks, Recreation and Open Space is City of Mi.runi Page 3 of 9 File Id: 12-00929ct (Version: 3) Printed On: 10/12/2012 File Number: 12-00929ct to provide a municipally -owned park within a ten (10) minute barrier -free walk to park entrances for 72% of the city's population as measured by Geographic Information Sysem (GIS) pedestrian network analysis. A ten (10) minute walk will be defined as a half mile, barrier -free distance on a safe pedestrian route. Barrier -free means a continuous walk on a sidewalk or designated pedestrian route that may include crossing streets but does not encounter barriers such as walls or highway embankments that impede passage. Safe pedestrian routes include those that may include crossing of streets with speed limits of up to 40 mph. Every three (3) years, the City will develop a map that shows which residential areas fall within the ten (10) minute walk buffer and which do not. This map will then be overlaid on a population map showing the most current U.S. Census data available in order to calculate if at least 72% of the city's population lives within the ten (10)minute walk buffer. The City will conduct a study to support a revised Level of Service for parks, recreation and open space for concurrency purposes and adopt a revised Level of Service for parks, recreation and open space for concurrency purposes that will mist in achieving the access and per capita funding objectives public park space per 1000 residents . Policy PR-1.1.4.1. Every three years, when the City updates the Parks and Recreation Level of Service Map for parks in the City of Miami, the City will also perform a study based on the national model established by the Trust for Public Land ParkScoreTM ystem. The study will include the following: 1) creation and updating of a GIS layer that includes all park and recreation land open to the public in the City of Miami, including linear parks, whether or not the land is owned by the City; 2) creation of maps that show a ten (10) minute barrier -free walk for all parks (regardless of ownership and including linear parks), and similarly, for parks of at least half an acre in size and parks of at least one (1) acre in size; 3) identification of median park size (regardless of ownership); 4) identification of the percentage of all city acres that are parks (regardless of ownership); 5) the number of playgrounds per 10,000 residents; and 6) the total spending (both operational and capital) on parks and recreation per resident over the preceding three (3) fiscal years. The purpose of this study is to provide the City with analysis to support decision -making on acquisition of park land and on park and recreation services, as well as to compare the city's park resources with other cities. Policy PR-1.1.5: The City will review and enact provisions and create a plan to remedy deficiencies for residents who do not have access to a park within a ten (10)minute, barrier -free walk, including financing for acquisition to remedy deficiencies. Policy PR-1.1.6: The City of Miami will work towards providing a park of approximately one acre or more within a ten (10) minute, barrier -free walk to park entrances for 66% of the city's population. Objective PR-1.2: Provide sufficient per capita funds for the parks system to support the parks, recreation and open space standards expected by the public, as indicated in surveys and other responses to public outreach, for resources and programs that benefit the community. The City will strive to meet and exceed a benchmark level of annual spending, for operations and capital improvements combined, annually of $100 per capita in 2007 dollar, within fiscal limits and based on identified needs. City of Miami Page 4 of 9 File Id: 12-00929ct (Version: 3) Printed On: 10/12/2012 File Number: 12-00929ct Policy PR-1.5.1: The City's land development regulations will establish mechanisms to meet expanded demand for Citywide parks, neighborhood parks, and recreational programs resulting from new residential development, including, but not limited to, impact fees, Zoning Ordinance d-enintensity bonuses and contributions in lieu of land that will be used to provide new park and recreation resources to serve new development. The City will review these fees annually in accordance with recreation and open space needs and revise them as necessary to reflect increases in the cost of providing public open space and recreational facilities to meet its adopted Level of Service for parks, recreation and open space. * Policy PR-2.1.3: The City will amend the zoning code to limit the amount of total building footprints and impervious parking area surfaces in parks of one (1) acre or more to no more than 25% of the park land area. (See related text within the "Interpretation of the 2020 Future Land Use Map" Section). Buildings and parking surfaces will continue to be limited to recreational and cultural uses and accessory elements that serve park and recreation goals. Any request to expand this percentage will require a special permit (warrant) pursuant to Miami 21, the Zoning Ordinance of the City of Miami and public hearings with residents within a half -mile area surrounding the park. Policy PR-2.2.2: The City will strive to maintain and staff nine as many public swimming pools to be open all year round as possible given funding constraints and will strive to identify new funding sources to expand access to year-round swimming. by 2009, with the remainder to be peen year round by 201 2 * * * Policy PR-2.2.4: The Parks and Recreation Department will maintain and regularly update the Inventory and Evaluation of City -Owned Parks that was prepared for the 2007 Parks and Public Spaces Master Plan. * Policy PR-3.1.1: The City will continue to implement sidewalk and shade tree planting programs along public roadways that connect to parks and other community destinations. The improvements will be targeted to pedestrian routes that provide a ten (10) minute walk to a park to the greatest number of persons. Tree planting programs will be implemented in accordance with the 2007 City of Miami Tree Master Plan. Policy PR-3.1.2: The City wi-I-l-were-wi#-h through the Parks and Recreation Department and — will work with neighborhood groups to identify the ten (10) minute pedestrian routes within a half -mile radius of parks that are appropriate for improvements to sidewalks, lighting, street trees, crosswalks and pedestrian count -down signals, and signage, as described in the 2007 Parks and Public Spaces Plan. City of Miami Page 5 of 9 File Id: 12-00929ct (Version: 3) Printed On: 10/12/2012 File Number: 12-00929ct Policy PR-3.2.2.1: The City will continue to promote creation of pocket parks at waterfront locations, such as "PlayStreets" created on dead-end streets, in order to enhance public access to waterfronts. * Policy PR-3.2.7: The City will work with other organizations and agencies to identify public recreational opportunities, including boating, on the smaller waterways in the City, such as Wagner Creek, the Little River, and the canals. * Policy PR-3.2,9: The City will increase public recreational opportunities on Virginia Key through implementation of the Virginia Key Master Plan and will introduce land use designations and/or zoning, as appropriate, to permit use of previously disturbed land areas on Virginia Key for amenities and uses that support passive and active park recreation at suitable locations on Virginia Key. and its implementation. * Policy PR-4.1.1: The City will use participant evaluation surveys, at the completion of recreational programs to evaluate program success, and online public opinion surveys at least once every three years, and scientific surveys at least once every seven years to identify needed and desired programs. * Policy PR-5.1.4: The City will continue to implement innovative management and maintenance 'alternatives designed to minimize operating and maintenance costs while not reducing the extent and quality of programs or adversely affecting the physical condition of park facilities. This will be done through establishment of core services according to level of benefit to the community, identifying costs and potential revenues, improving management accountability, establishing preventive maintenance and replacement programs, establishing formal policies and systems for working with groups that sponsor programs that use City facilities, and strengthening support services. Policy PR-5.1.5: The City will continue to assign staff time to develop and manage a network of volunteer "friends" groups for individual parks. * Policy PR-5.1.7: The City will encourage creation of create a Citywide Miami Parks Foundation by non -governmental groups and individuals by 2010 to serve as a nonprofit partner to focus attention on the park system, raise mohey to help support maintenance, enhance and expand parks and recreational programs, attract volunteers, and broaden the constituency for the park system. City o f Miami Page 6 of 9 File Id: 12-00929ct (Version: 3) Printed On: 10/12/2012 File Number: 12-00929ct Policy PR-5.2.1: The City will continue to work with establish a permanent Parks and Recreation Advisory Board made up of residents who are park users, program participants, and representatives of groups with special relevant expertise. The Board's responsibilities will include advising elected officials and staff on implementation of the 2007 Parks and Public Spaces Master Plan and any adopted subsequent updates to that Plan. The Board will be supported by staff from the Parks and Recreation Department, and will report annually to the Mayor and City Commission on progress in implementing the Master Plan, including financial reports, holding at least one public hearing on the draft report before submitting it to the Mayor and Commission. The Board will also review and advise on capital plans and designs based on the Master Plan and advise the Commission on any proposals to expend more than $50,000 to acquire new park land, to diminish or convert existing park land, to accept donated land for parks, or to sell City land that may be suitable for parks. The City will periodically review and refine the mission and charge of the Parks and Recreation Advisory Board in order to ensure maximum opportunities for public involvement and effectiveness in addressing parks and recreation needs. Proposed changes to the mission and charge of the Board will not be implemented until after a public hearing by the appropriate public board. Policy PR-5.2.2: The City will survey City residents to monitor preferences, needs and satisfaction with the park system on a regular basis, at a minimum through evaluations of all programs by program participants to evaluate program success, online surveys every three years, and scientific surveys every seven ten (10) years (starting from the Parks Master Plan survey of 2006). * Policy PR-5.2.4: The City will develop a full update on the Parks and Public Spaces Master Plan at least once every ten years, to coincide with a scientific survey of residents' park and recreation needs. and to precede and contribute to the EAR process. Policy PR-5.2.5: The Parks and Recreation annual Capital Improvement Plan will be provided to the Parks and Recreation Advisory Board for their review and comments. The Board may request presentations on park projects, on a project by project basis, and have 60 days to review and provide comments and recommendations. Policy PR-5.3.1: The City will continue to equip All all parks will be equipped with adequate energy efficient night lighting as parks are updated with improvements and will continue to use remote computer scheduling of lighting in order to advance energy efficiency in the park system.by 2012. * * * Policy PR-5.3.7: When parks are being renovated or designed, the City will evaluate the park's safety, consulting with park users, neighborhood residents, and the police whether high fences gates, or other obtrusive security measures remain necessary. City of Miami Page 7 of 9 File Id: 12-00929ct (Version: 3) Printed On: 10/12/2012 File Number: 12-00929ct Goal PR-6: Develop and enhance the quality of parks and open spaces within the City's downtown and other neighborhoods in a manner that meets the Level of Service standard and addresses the needs of City residents, workers and visitors, and strengthens the City's economic development. Policy PR-6.1.3: The City will continue to redevelop Lummus Park in the Riverside District to provide an activity/program center for history, riverfront activities and recreational facilities for visitors and City residents., including creation of a specialty "Fisherman's Wharf" cafe district and marine services center. * Policy PR-7.1.2: The Parks and Recreation Department will continue to have City will ensure that its staff includes a landscape architects on staff who have pith knowledge of best practices in park and recreation facility design and that this staff person will be employed to design park improvements, and when designers are retained on contract, to review and monitor park design projects, when designers are retained on contract. * Policy PR-9.1.2: The City will continue seck partnerships to establish and maintain coastal hammock exhibit plantings as part of environmental education programs and exhibits in community parks. * CAPITAL IMPROVEMENTS Policy CI-1.2.3: Acceptable Level of Service Standards for public facilities in the City of Miami are: a) Recreation and Open Space 1,3 acres of nuhrn park space nor fltl0 residents provide a municipally -owned park within a ten(10) minute barrier -free walk to park entrances by 72% of the city's population as measured by GIS pedestrian network analysis. A ten (10) minute walk will be defined as a half mile, barrier -free distance on a safe pedestrian route. Barrier -free means a continuous walk on a sidewalk or designated pedestrian route that may include crossing streets but does not encounter barriers such as walls or highway embankments that impede passage. Safe pedestrian routes include those that may include crossing of streets with speed limits of up to 40 mph. (See Parks, Recreation and Open Space Policy PR-1.1.4.). * City of Miami Page 8 of 9 File Id: 12-00929ct (Version: 3) Printed On: 10/12/2012 File Number: 12-00929ct Section 3. It is found that this MCNP text change: (a) Is necessary due to changed or changing conditions; and (b) Follows an Expedited State Review Process pursuant to s. 163.3184(3), Florida Statutes; and Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning Department to promptly transmit a copy of this Ordinance after its approval on first reading to: The reviewing agencies pursuant to s. 163.3184, Florida Statute; and any other person or entity requesting a copy. Section 5. The City shall hold its second public hearing for adoption of this Ordinance within 180 days after receipt of agency comments pursuant to s. 163.3184(3)(c)1, Florida Statute. Section 6. Within 10 days after adoption on second reading the City Manager is directed to instruct the Director of the Planning Department to promptly transmit a certified copy of this Ordinance to the appropriate agencies pursuant to s. 163.3184 Florida Statutes. Section 7. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 8. 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 9. This Ordinance shall become effective thirty-one (31) days after second reading and adoption, and the state land planning agency notifies the City that the plan amendment package is complete thereof pursuant and subject to s. 163.3184 Florida Statutes. {1} APPROVED AS TO FORM AND CORRECTNESS: _11 0 JULIE O. BRU ' �~ 1 CITY ATTORNEY Footnotes: {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. {2} Source: Recreation and Park Department Management Information System Division - data. dictionary as of 6/21/04. City of San Francisco„California. {3} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective upon override of the veto by the City Commission and when found in compliance pursuant to Chapter 163, Part II, Florida Statutes. City of Miami Page 9 of 9 File Id: I2-00929ct (Version: 3) Printed On: 10/12/2012