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Home My WebLink AboutO-14059City of Miami Ordinance 14059 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11445 Final Action Date: 4/14/2022 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION," MORE PARTICULARLY BY ADDING ARTICLE VII, TITLED "MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY," TO ESTABLISH THE MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY; DESCRIBING BOUNDARIES; PROVIDING ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Ken Russell WHEREAS, on October 22, 2020, the City Commission unanimously adopted Resolution No. R-20-0350 directing the City Manager to take any and all actions necessary to plan and develop any necessary implementation tools, policies, frameworks, and regulations to expedite and facilitate the construction of a connected Baywalk for presentation to the City Commission within ninety (90) calendar days of the effective date of the Resolution for consideration and further action by the City Commission; and WHEREAS, as of February 1, 2022, the City Commission has not received a presentation as stipulated in Resolution No. R-20-0350; and WHEREAS, the City of Miami ("City") seeks to recognize the waterfront pedestrian and bicycle path system approved by the voters of the City in 1979 and has over the past forty (40) years been developed one (1) segment at a time with an established identity and character to be known as the "Miami Baywalk Greenway along Biscayne Bay"; and WHEREAS, Chapter 260, Florida Statutes, titled "Florida Greenways and Trails Act," specifically Section 260.012(2), Florida Statutes, declares the intent of the Legislature to encourage "the development of greenways and trails by counties, cities, special districts, and nongovernmental organizations to assist in such development by any means available; to coordinate greenway and trail plans and development by local governments"; and WHEREAS, Article III, Section 33D of the Miami -Dade County Code of Ordinances, as amended, titled "Shoreline Development Review", also regulates the design of publicly accessible pathways along the designated Aquatic Park of Biscayne Bay; and WHEREAS, in 1979, City voters adopted an amendment to Section 3(mm) of the Charter of the City of Miami, Florida, as amended, to protect and provide public access to the waterfront along Biscayne Bay and from the mouth of the Miami River to the 5th Street Bridge; and WHEREAS, the City has adopted the Miami Comprehensive Neighborhood Plan ("MCNP"), the policies and goals of which recognize the "Baywalk" along Biscayne Bay as an important component of the Parks, Recreation and Open Space; Transportation; and Coastal Management master planning elements of the City; and City of Miami Page 1 of 4 File ID: 11445 (Revision: A) Printed On: 6/10/2025 File ID: 11445 Enactment Number: 14059 WHEREAS, the City has adopted Ordinance No. 13114 as the City's Zoning Ordinance ("Miami 21 Code"), including Section 3.11 and Appendix B both of which regulate the design and space of the "Baywalk" and provide for public access during certain hours across private property; and WHEREAS, the City recognizes that the "Miami Baywalk Greenway along Biscayne Bay" is a vibrant, active, high -quality, linear park open space system that celebrates the City's waterfront identity and promotes civic art, educational, and cultural activities; and WHEREAS, the City is desirous to recognize the "Miami Baywalk Greenway along Biscayne Bay" as a public -private area and as a linear park within the City's Park and Recreation system; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 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. Chapter 38 of the City Code is hereby amended in the following particulars:1 "CHAPTER 38 PARKS AND RECREATION Article VII. MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY. Sec. 38-249. Miami Baywalk Greenway Along Biscayne Bay. (a) The designation of the "Miami Baywalk Greenway along Biscayne Bay" (sometimes referred to as "Baywalk Greenway") creates and identifies the waterfront baywalk along Biscayne Bay, as well as recognizes the Baywalk Greenway as a linear public -private park under the City's park inventory, subject to certain restrictions and in no way impacting private property rights consistent with all applicable laws and existing regulations. The Miami Baywalk Greenway along Biscayne Bay is to be located on public lands and, as described herein, on private lands. (b) Public rights -of -way may be included within the Baywalk Greenway, but not part of the City's park inventory. (c) Public access on the designated Baywalk Greenway will be provided as agreed to and determined by the City and consistent with all established laws and regulations. (d) Inclusion of land within the Baywalk Greenway shall not affect or change the taxable nature of the land. (e) The land within the Baywalk Greenway shall not be utilized towards the City's no net loss policy for public park land. (f) Park impact fees shall not be used for the Baywalk Greenway. (g) The planting of mangroves along the Baywalk Greenway is prohibited. 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: 11445 (Revision: A) Printed on: 6/10/2025 File ID: 11445 Enactment Number: 14059 Sec. 38-250. Miami Baywalk Greenway Along Biscayne Bay Boundary. The boundary of the Miami Baywalk Greenway along Biscayne Bay shall include that portion of land of participating properties immediately abutting and contiguous to Biscayne Bay starting at the Northern City limit at approximately Northeast 87th Street to a point of connection to the State established Miami River greenway, then South along Biscayne Bay to the southwestern City limit along North Prospect Drive. The boundary width of the Baywalk Greenway shall be the entire waterfront setback as described in the City Charter. Sec. 38-251. Applicable Law and Existing Regulations. The Miami Baywalk Greenway along Biscayne Bay waterfront standards and design regulations are governed by the following established law: (a) Section 3(mm) of the Charter of the City of Miami, Florida, as amended; and (b) The Miami Comprehensive Neighborhood Plan ("MCNP"), including but not limited to the goals and policies contained within the Parks, Recreation and Open Space; Transportation; and Coastal Management; and (c) Section 3.11 of the Miami 21 Code, titled "Waterfront Standards"; and (d) Appendix B of the Miami 21 Code, titled "Waterfront Design Guidelines"; and (e) Article III, Section 33D-38 of the Miami -Dade County Code of Ordinances, as amended; and (f) Any other law applicable to the Baywalk Greenway area. Sec. 38-252. Private Lands Within the Miami Baywalk Greenway Along Biscayne Bay. In accordance with those authorities granted in the City Code, the City Manager is hereby authorized to seek to acquire by gift or purchase the fee simple interest or any lesser interest in land, including easement(s), agreement(s), covenant(s), or such other legal instrument(s), in a form acceptable to the City Attorney, from a private landowner for that portion of land included within the boundaries of the Miami Baywalk Greenway along Biscayne Bay. Compliance with this Section does not negate compliance with the regulations enumerated in Section 38-251 above. Sec. 38-253. Voluntary Proffer by Private Landowner. Any new development of a property subject to the regulations described in Section 38-251 that seeks permitted modification(s) from any of the established design standards related to the regulations enumerated in Section 38-251 shall provide to the City, prior to issuance of any building permit, an agreement, covenant, easement, or other legal instrument approved by the City Attorney, acknowledging the applicable local ordinances, requirements to maintain such area, the requirement to provide public access during codified time periods, and that said area is deemed part of the Miami Baywalk Greenway along Biscayne Bay. In the event that an existing development subject to the regulations described in Section 38-251 obtained the necessary approvals for any modification(s) from any of the established design standards related to the regulations enumerated in Section 38-251 and the improvements have been City of Miami Page 3 of 4 File ID: 11445 (Revision: A) Printed on: 6/10/2025 File ID: 11445 Enactment Number: 14059 completed where public access along the waterfront pathway already exists, said area shall be included in the Miami Baywalk Greenway along Biscayne Bay and the City Manager shall seek to acquire an agreement, covenant, easement, or other legal instrument approved by the City Attorney. Compliance with this Section does not negate compliance with the regulations enumerated in Section 38-251 above. Sec. 38-254. Identification Signage. Any identification signage which is required as part of the design regulations shall identify the Miami Baywalk Greenway along Biscayne Bay. Sec. 38-255. Enforcement. The rules and regulations established by this Article will be enforced by the Department of Parks and Recreation, the Police Department, the Department of Resilience and Public Works, and pursuant to the provisions established in Chapter 2 of the City Code. Use of one means of enforcement shall not preclude the use of any other remedies." Section 3. 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 4. This Ordinance shall become effective immediately upon final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: end aCity Attor ey 5/572022 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: 11445 (Revision: A) Printed on: 6/10/2025