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Ordinance: 13162
File Number: 09-01406A
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/22/2010
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ZONING AND PLANNING," TO CONFORM WITH THE PROCEDURAL
PROVISIONS RELATED TO THE MIAMI 21 ZONING ORDINANCE, BY
AMENDING ARTICLES IX THROUGH XII AND CREATING ARTICLE XIV
ENTITLED PUBLIC BENEFITS TRUST FUND TO ESTABLISH THE PUBLIC
BENEFITS TRUST FUND FOR THE MIAMI 21 CODE; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY
20, 2010.
WHEREAS, the City of Miami has adopted a new Zoning Ordinance: Miami 21; and
WHEREAS, it has been determined that certain provisions related to Chapter 62 within the
Code of the City of Miami, Florida, as amended ("City Code") should be revised to reflect such
adoption;
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 62 of the City Code, is amended in the following particulars: {1}
"CHAPTER 62
ZONING AND PLANNING
ARTICLE IX. URBAN DEVELOPMENT REVIEW BOARD
Sec. 62-256. Establishment.
There is hereby established a board, to be known as the City of Miami urban development
review board (UDRB), for the purpose of recommending whether the design of developments and/or
improvements pursuant to Miami 21 within Gert-ain—zening diStfiGts as shown On the Zoning atlas of
OrdonanGe Ne. , the zoning ordinance of the City of Miami, Florida, as amended or superseded,
are in conformance with city guides and standards.
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Sec. 62-257. Membership.
(a) Composition; appointment. The urban development review board shall consist of nine members
and one alternate, to be appointed by the city commission.
(b) Qualifications. It is intended that members of the urban development review board shall be
persons of knowledge, experience, mature judgment and background, having ability, special
professional training and interest to act in the public interest in order to make informed and equitable
decisions concerning architecture, urban, physical and site design. To that end, qualifications of board
members shall be as follows:
(1) At least five members shall be architects registered in the State of Florida. Each member shall
have had five years of experience after registration in the practice of his profession.
(2) Four other members shall be either architects or landscape architects registered in the state, and
shall meet the same criteria as subparagraph (b)(1) above.
(3) The alternate member shall satisfy the qualifications set forth in paragraph (b)(2) above.
(4) During the qualification process, professional organizations such as the American Society of
Architects and the American Society of Landscape Architects shall be encouraged to submit names of
persons and their qualifications to the city commission through the city manager.
(c) Terms of office. Members of the urban development review board shall be appointed to serve a
term of one year or until the nominating commissioner leaves office, whichever occurs first.
Notwithstanding the above, individual members may serve until their successor is appointed and
qualified. After the initial term of appointment, no member of the board shall be reappointed to more
than five consecutive terms thereafter.
(d) Vacancies. Vacancies in the membership of the urban development review board shall be filled
by the city commission, and shall be only for the unexpired term of the member affected.
(e) Removal. Members of the urban development review board may be removed with or without
cause by vote of not less than three members of the city commission; however, any member or
alternate member of the board who fails to comply with the attendance requirements contained in
section 2-886 of this Code shall be automatically removed in the manner prescribed under section
2-889 of this Code. Following said removal, the city commission shall fill the vacancy pursuant to
subsection (d) above.
Sec. 62-258. Functions, powers and duties generally.
In addition to such other powers, duties and authority as may be set forth elsewhere in the city
Code and in the zoning ordinance, the urban development review board is hereby authorized to:
(1) Review and recommend to the director of planning, building and inn. -'
' lc ^' approval with
conditions or disapproval of applications as per section 5.6.4, section 7.1.1.2, and appendix A of the
Miami 21 Code f^r Glass " speGi^' permits within nortain wing dic+ri` tS pursuant to city guides and
standards for administrative review referenced in section 2-205(b)(8) of this Code, or such design
guides contained in the requirements of the applicable zoning district text.
(2) Require submission to the board of all information as may be reasonably necessary for the board
to evaluate completely the proposed structure of improvement.
(3) To recommend, from time to time, to the director of the planning, building and Zoning department,
modifications and/or amendments to the city guides and standards.
(4) Adopt and amend rules of procedure.
Sec. 62-259. Proceedings.
(a) Officers. The urban development review board shall select a chairperson and vice -chairperson
from among its members to serve for a one-year term commencing in January and may create and fill
such other offices as it may deem necessary or desirable.
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(b) Rules of procedure. The urban development review board shall establish rules of procedure
necessary to its governing and the conduct of its affairs, in keeping with the applicable provisions of
the city Charter, Code of Ordinances, and resolutions. Such rules of procedure shall be available in
written form to persons appearing before the board and to the public upon request.
(c) Meetings. The urban development review board will meet once each month, except for August,
unless the director of planning, building and zoning has no business to transact, in which instance
there will be no regular meeting. The director of planning, building and wing or the chairperson can
call a special meeting upon five (5) days' notice. All meetings shall be open to the public, but these
are not public hearings_; tThe public does not have a right to speak but may be invited to speak by
the chairman or any member of the board.
(d) Voting; quorum. All decisions and recommendations of the urban development review board
shall require a concurring vote of a majority of the members present. Three (3) members shall
constitute a quorum. Tie votes shall result in the subject agenda item being continued to the next
meeting of the board.
(e) Public record. Summary minutes of each urban development review board meeting shall be
prepared by the urban development officer. The summary minutes shall be kept on file with the
planning, building and zoning department.
(f) Notice. Notice of meetings will be posted five (5) days in advance at the city administration
building. Mailed notification to applicants is required prior to board meetings. No other advertisement
or notification is required, except as a courtesy as may be directed by the director of the planning,
building and zenin`r department.
(g) Assignment of staff. The city manager shall assure that adequate staff is available for the
planning, building and wing department and, on an as -needed basis, from other departments such
as law.
Sec. 62-260. Urban development officer.
(a) The city manager shall appoint a person from the planning, building and zoning department to
serve as urban development officer to assist the urban development review board. The appointee
shall be experienced and knowledgeable in respect to architectural design, urban design, site
planning and land use control regulations.
(b) In addition to such duties, the urban development officer shall:
(1) Schedule meetings of the urban development review board, prepare agendas, and ensure that
proper notice is given to applicants of board meetings.
(2) Provide appropriate information on projects, standards, guidelines, procedures and related
materials to applicants for Glass 11 special permits which will be reviewed by the board.
(3) Prepare summary reports of board actions and transmit them to the director of planning, building
ani as input to Glass 11 special permits.
Sec. 62-261. Appeals from decision.
Any appeal from any decision of the director of the planning, building and zoning department
must be filed in accordance with article 7 30 of nrdinanGe Ne. 9 of Miami 21, the zoning
ordinance of the City of Miami, as amended or superseded.
ARTICLE X. TREE TRUST FUND*
Sec. 62-301. Intent.
It is intended that the "Tree Trust Fund" be established in order to facilitate the compliance of
tree replacement requirements according to chapter 17 of this Code AFtiGle 8.1 Tree oreteGtien e
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OrdmnanGe 11000, as amended the zening ordinanno of the City (the Zonin`r OrdinannGe") to facilitate
the receipt of equitable contributions for replacement trees, to enhance the tree canopy coverage
throughout the city and to restore the loss of tree canopy cover in the city. Expenditures from this
trust fund shall require authorization by the city manager, or his designee, upon written
recommendations from the directors of the departments of planning and/or building and zoning and/or
public works.
Sec. 62-302. Trust fund payments.
Payments into the trust funds shall include, but shall not be limited to, monies collected
pursuant to this chapter and chapter 17 of this code SeGti„n 8.1.6.6 and fines nolleGted pursuant to
Cen4inn R-.1 50.1 of 4rtinle 8.1 of the Zoning Qrdinanne
Sec. 62-303. Established.
(a) There is hereby established a trust fund to be entitled the "Tree Trust Fund", (the "trust fund") to
be maintained and administered by the city, into which funds shall be deposited and from which funds
shall be withdrawn pursuant to this article to pay the procurement of replacement trees to restore the
loss of tree canopy cover in the city and to enhance tree canopy coverage and shrubs through means
which may include, but are not limited to the following activities by the city or its authorized agents:
(1) Not less than 80 percent of the trust fund shall be expended on tree replacement and restoration
and enhancement of tree canopy coverage throughout the city during each fiscal year. These funds
may be used for periodic distribution of saplings and shrubs to the public to enhance tree canopy
coverage in the city. However, if the city manager, or his designee, determines that there are
insufficient reserves in the trust fund to implement a viable tree replacement program, funds may be
carried over to the next fiscal year.
(2) Not more than ten (10) percent of the trust fund shall be expended on activities directly related
to tree replacement and restoration and enhancement of tree canopy coverage throughout the city
during each fiscal year, including, but not limited to, survey work, site inventory and analysis,
landscape architectural design services, inspection services for new plantings, and other related
project expenses and incidentals.
(3) Not more than ten (10) percent of the trust fund shall be expended during each fiscal year to
provide training for code inspectors and for administrative costs directly related to the notice
requirements of chapter 17 of this Code he Zening nrdinan Said training shall
be directly related to the implementation of chapter 17 of this Code ArtiGle 8.1 of the Zeninr
Orden , including, but not limited to, training to properly identify the different tree and palm species
and to properly grade the quality standards for new trees and palms, including the knowledge of
proper planting, pruning, and landscape maintenance techniques.
(b) Allowable expenditures undertaken pursuant to this chapter may be made by the city manager,
or his designee, except that any trust fund expenditures in excess of $50,000.00 will require approval
by the city commission.
(c) It is the intent of this article that prior to the expenditure of funds for the above listed items by the
city manager, that due consideration is given to written recommendations from the directors of the
departments of planning, building and zoning and/or public works.
Sec. 62-304. Funds made available; financial report.
(a) Funds deposited in the trust fund shall be made available to the city manager for implementation
purposes; all disbursals of trust fund monies shall be made by the city manager, or his designee, in
accordance with this chapter and chapter 17 of this Code °Ft+cle 8.1 of the Zoning Qrdinann`e and
after due consideration is given to the written recommendations of the directors of the departments of
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planning and/or building and/or zoning and/or public works.
(b) A financial report on trust fund receipts and expenditures shall be prepared annually at the close
of the fiscal year by the city manager or his designee and presented to the city commission.
ARTICLE XI. FEC CORRIDOR IMPROVEMENT TRUST FUND*
Sec. 62-321. Intent.
It is intended that a "FEC Corridor Improvement Trust Fund" be established in order for
additional funding to be made available for the development of an integrated transportation system,
funding of civic spaces, implementation of certain economic development plans, and the development
of streetscapes and increased housing opportunities within the FEC Corridor. Fees shall be paid into
the trust fund as specified. Expenditures from this trust fund shall require authorization by the city
commission upon written recommendations from the directors of the departments of planning,
building, and zoning, economic development, public works, and capital improvements (CIP) and the
office of transportation.
Sec. 62-322. Established.
(a) There is established a trust fund to be entitled the "FEC Corridor Improvement Trust Fund" (the
trust fund) to be maintained and administered by the city, into which funds shall be deposited and
from which funds shall be withdrawn pursuant to section 62-264 to facilitate the creation and
implementation of programs to improve and develop an integrated public transportation system,
current economic levels, housing opportunities and streetscapes, through means which may include,
but are not limited to, the following activities by the city administration:
(1) Implementation of a program for the development of a premium and connected transit system
throughout the FEC Corridor, such as an electric/fuel cell trolley connecting the northern end of the
FEC Corridor to the downtown Miami area, and for roadway improvements (including, but not limited
to, remedying capacity and design issues of east -west connectors between Interstate 95 and
Biscayne Boulevard) which can be utilized to promote revitalization and economic development.
(2) Implementation of a program providing for streetscape and public infrastructure improvement
(including, but not limited to, landscaping, repaving of streets and sidewalks, development of street
end pocket parks, bike paths, linear parks or trail systems, and planted medians) for those public
rights-of-way in those areas where there is a need for improved pedestrian access and connectivity
between neighborhoods and districts to the extent necessary as determined by the city commission
with due consideration given to the recommendation of the directors of the departments of planning,
building, apd-zoning, economic development, public works, and CIP and the office of transportation.
Coordination of the implementation shall be processed through the city manager's office.
(3) Perform such other related activities as may be appropriate to carry out the intent of this article,
including but not limited to, maintenance of streetscapes, funding for operations of civic spaces within
the SD -27 district as may be deemed necessary by the city manager.
(b) It is the intent of this article that prior to expenditures pursuant to the above listed items by the
city commission, that due consideration if given to written recommendations from the city manager,
and directors of the departments of planning, building, apd zoning, economic development, public
works, and CIP and the office of transportation.
Sec. 62-323. Prerequisite.
As a prerequisite to the purchase of bonus floor area ratio (FARC, as described in Zoning
Ordinance 11000 or floor lot area (FLR) pursuant to the Miami 21 Code, the developer must improve
its property with superior landscape and street furniture as described in the SD -27 design standards
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and as required by Warrant ^'ass " perm;+
Sec. 62-324. Funds made available; financial report.
(a) Funds deposited into the trust fund shall be made available to the city manager for
implementation purposes as described in section 62-263, for properties located within the FEC
Corridor as depicted in the FEC Corridor map on file with the planning ani department, all
disbursals of trust fund monies shall be made by the city commission, after due consideration is given
to the written recommendations of the city manager and the directors of the departments of planning,
building, and zoning, economic development, public works, and CIP and the office of transportation.
(b) A financial report on the trust fund receipts and expenditures shall be prepared annually at the
close of the fiscal year by the city manager or his designee and presented to the city commission.
Sec. 62-325. Schedule of fees and charges.
The schedule of fees and charges to be assessed and paid into the trust fund is as follows:
Floor area ratio (FAR) bonus fees. Developers wishing to obtain bonus FAR area for properties
located in the SD -27 district shall pay a one-time, nonrefundable fee of $12.40 per square foot of
bonus floor area ratio (FAR) to the city FEC Corridor Improvement Trust Fund as a prerequisite to
obtaining a building permit.
Secs. 62-326--62-400. Reserved.
ARTICLE XII. PARKS AND OPEN SPACE TRUST FUND*
Sec. 62-401. Intent.
It is intended that the "Parks and Open Space Trust Fund" be established in order to facilitate
the compliance of open space requirements according to Miami 21 aFtiGles ^ 6 and o of erdinanGe
11000, as amended, the zoning ordinance of the city (the "zoning ordinance"), to facilitate the receipt
of equitable contributions for mitigation of open space in the city. Expenditures from this trust fund
shall require written authorization by the city manager, or his designee, upon written
recommendations from the directors of the departments of planning and/or building, and/or zoning
and/or parks.
Sec. 62-402. Trust fund payments.
Payments into the "Parks and Open Space Trust Fund" shall include, but shall not be limited
to, monies collected pursuant to section 3.14 seGtien 907.2 of the zoning ordinance.
Sec. 62-403. Established.
(a) There is hereby established a trust fund to be entitled the "Parks and Open Space Trust Fund",
(the "trust fund") to be maintained and administered by the city, into which funds shall be deposited
and from which funds shall be withdrawn pursuant to this article to pay the procurement of parks and
open space or improvement of parks and open spaces in the city, through means which may include,
but are not limited to the following activities by the city or its authorized agents.
(1) Not less than 80 percent of the trust fund shall be expended on acquisition of new parks and
open space during each fiscal year. However, if the city manager, or his designee, determines that
there are insufficient reserves in the trust fund to implement viable purchases of land, funds may be
carried over to the next fiscal year.
(2) Not more than ten (10) percent of the trust fund shall be expended on activities directly related to
improvement of existing parks and open space during each fiscal year, including, but not limited to,
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survey work, site inventory and analysis, landscape architectural design services, inspection services
for new plantings, and other related project expenses and incidentals.
(3) Not more than ten (10) percent of the trust fund shall be expended during each fiscal year to
provide for administrative costs directly related to the notice requirements of s@^+�.2 of the
zoning ordinance.
(b) Allowable expenditures undertaken pursuant to this chapter may be made by the city manager,
or his designee, except that any trust fund expenditures in excess of $50,000.00 will require approval
by the city commission. All trust fund expenditures made by the city manager or city commission, as
applicable, shall only be made after a recommendation is made by the parks advisory board as to
such expenditures. Notwithstanding the foregoing, the city commission may, by unanimous vote,
approve or expedite any expenditure under this chapter.
(c) It is the intent of this article that prior to the expenditure of funds for the above listed items by the
city manager, that due consideration is given to written recommendations from the parks advisory
board and, if practicable, the directors of the departments of planning and/or building and/or zoning
and/or parks.
Sec. 62-404. Funds made available; financial report.
(a) Funds deposited in the trust fund shall be made available to the city manager for implementation
purposes, all disbursals of trust fund monies shall be made by the city manager, or his designee, in
accordance with this chapter and seGtion 907.2 of the zoning ordinance, and after due consideration
is given to the written recommendations of the directors of the departments of planning and/or
building and/or zoning and/or parks.
(b) A financial report on trust fund receipts and expenditures shall be prepared annually at the close
of the fiscal year by the city manager or his designee and presented to the city commission.
ARTICLE XIV. PUBLIC BENEFITS TRUST FUND
Sec. 62-619. Intent.
It is intended that the "Public Benefits Trust Fund" be established in order to collect the cash
contributions made according to the Miami 21 Code, as amended, the zoning ordinance of the City, to
supplement affordable/ workforce housing, public parks and open space, and green building
certification shortfalls.
c.62-620. Established.
(a) There is hereby established a trust fund to be entitled the "Public Benefits Trust Fund", into
which funds shall be deposited pursuant to this article.
(b) The City Commission, upon the manager's recommendation, shall annually allocate funds
collected
(c) All cash contributions allocated by the City Commission to support affordable/ workforce
housing shall be deposited in the Affordable Housing Trust Fund for expenditures pursuant to
the guidelines adopted by the City Commission.
(d) All cash contributions allocated by the Commission to support Parks and Open Space shall be
deposited in the Parks and Open Space Trust Fund, as set forth herein, to be expended in
accordance with the guidelines outlined therein.
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Sec. 62-621. Financial report
(a) Administration of and a financial report on trust fund receipts and expenditures shall be
prepared annually at the close of the fiscal year by the City Manager or his designee and
aresented to the Citv Commission.
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 May 20, 2010. {2)
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} 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 immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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