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HomeMy WebLinkAboutSR LegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami. FL 33133 www.ci.miami.fl.us File Number: 05-01089 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, "ZONING AND PLANNING" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CREATING ARTICLE XIII ENTITLED, "PARKS AND OPEN SPACE TRUST FUND;" ADDING AN INTENT STATEMENT AND PROVIDING FOR ADMINISTRATION AND REGULATIONS; AND PROVIDING FOR TRUST FUND PAYMENTS AS SPECIFIED IN SECTION 907.2 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that certain open space requirements may be relocated to areas within a building other than the ground floor by special permit without detriment to the city in exchange for contributions into a city wide parks and open space trust fund; and WHEREAS, in order to promote and fund its Parks and open space initiatives the City needs to institute such a trust fund and requirements as set forth herein; 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 citizens to amend its Zoning Ordinance as hereinafter set forth; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City of Miami Code, more particularly, Chapter 62 is hereby amended as follows: {1} ARTICLE XIII. 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 Articles 4, 6 and 9 of Ordinance 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 zoning and/or parks. City of Miami Page 1 of3 Printed On: 11/23/2005 File Number: 05-01089 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 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: (I) 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 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, survey work, site inventory and analysis, landscape architectural design services, inspection services for new plantings, and other related project expenses and incidentals. i3} Not more than ten percent of the trust fund shall be expended during each fiscal year to provide for administrative costs directly related to the notice requirements of Section 9072 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 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 Section 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 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. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby 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. City of Miami Page 2 of 3 Printed On: 11/2312005 Fite Number: 05-01089 Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof {2} Section 6. All existing non -permitted Murals shall be removed within sixty (60) days of the effective date unless an initial application has been filed with the City's Hearing Administrator in accordance with the provisions of this Ordinance. APPROVED AS TO FROM AND CORRECTNESS: JORGE L. FERNANDEZ iPtiey 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} 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. City of Miami Page 3 of 3 Printed On: 11/23/2005