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HomeMy WebLinkAboutLegislation - Modif.J-03-908 11/7/03 - CCM ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, ENTITLED "ZONING AND PLANNING," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CREATING NEW ARTICLE X ENTITLED "FEC CORRIDOR NEIGHBORHOOD IMPROVEMENT TRUST FUND," ADDING AN INTENT STATEMENT, PROVIDING FOR ADMINISTRATION AND REGULATIONS, AND PROVIDING A FEE SCHEDULE FOR TRUST FUND PAYMENTS FROM "FLOOR AREA RATIO (FAR) BONUS FEES"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the FEC Corridor was the subject of a redevelopment study initiated by the City of Miami in January of 2000 in an effort to identify and facilitate redevelopment strategies within the FEC Corridor as depicted on the map attached as "Attachment A;" and WHEREAS, in order to facilitate the study the City of Miami created the FEC Task Force ("FTC'"), composed of government officials, business leaders, community non -profits and members of the real estate development community; and WHEREAS, it was determined by the FTF that there existed a need for the development of a balanced and integrated transportation system, a -diverse and sustainable economy, increased housing opportunities, and streetscapes throughout the FEC Corridor; and WHEREAS, based on the findings of the FTF, the City of Miami established the "FEC Corridor Strategic Redevelopment Plan," containing strategies for the redevelopment of the public infrastructure of the FEC corridor; and WHEREAS, the City Commission wishes to implement the "FEC Corridor Strategic Redevelopment Plan" through a mechanism by which developers, through the payment of Floor Area Ratio (FAR) bonus fees, may increase the allowable Floor Area Ratio (FAR) for properties located in the SD-27 District; said FAR bonus fees shall be deposited into a trust fund, as specified, in order to provide a funding source to implement the "FEC Corridor Strategic Redevelopment Plan," as appropriate; 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. New Article X of Chapter 62 of the Code of the City of Miami, Florida, entitled "FEC Corridor Neighborhood Improvement Trust Fund," is created in the following particulars: Page 2 of 9 "CHAPTER 62" ZONING AND PLANNING * ARTICLE X. FEC CORRIDOR NEIGHBORHOOD IMPROVEMENT TRUST FUND * Sec. 62-262. Intent. * It is intended that a "FEC Corridor Neighborhood 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 and Zoning, Public Works, and Capital Improvements ("CIP") and the Office of Transportation. Sec. 62-263. Established. (a) There is established a trust fund to be entitled the "FEC Corridor Neighborhood 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 Page 3 of 9 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: (I) 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 neighborhood revitalization and economic development; (2) Implementation of a program providing for streetscape and public infrastructure improvement (including, Page 4 of 9 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 Director of the Planning and Zoning Department; 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, and code enforcement activities as may Page 5 of 9 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 is given to written recommendations from the City Manager, and directors of the departments of Planning and Zoning, Public Works, and CIP and the Office of Transportation. Sec. 62-264. Prerequisite. As a prerequisite to the purchase of bonus FAR, the Developer must improve its property with superior landscape and street furniture as described in the SD-27 Design Standards as required by Class II Permit. Sec. 62-265. Funds made available: financial report. (a) Funds deposited in 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 and Zoning Department; all disbursals of Trust Fund monies shall be made by the City Commission, after due Page 6 of 9 consideration is given to the written recommendations of the City Manager and the directors of the departments of Planning and Zoning, Public Works, and CIP and the Office of Transportation. (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. Sec. 62-266. Schedule of fees and charges. The schedule of fees and charges to be assessed and paid into the trust fund is as follows: A. 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 of Miami FEC Corridor Neighborhood Improvement Trust Fund as a prerequisite to obtaining a building permit. * *1F Page 7 of 9 Section 3. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. If any section, part of 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 thirty (30) days after final reading and adoption» PASSED ON FIRST READING BY TITLE ONLY this day of , 2003. 1/ This Ordinance shall become effective as specified 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, whichever is later. Page 8 of 9 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 2003. ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROVED AS RO VILARELLO CIT ATTORNEY W1556:GKW:et AND CORRECTNESS MANUEL A. DIAZ, MAYOR Page 9 of 9