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Legislation
Ordinance
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3500 Pan American
Drive
Miami, FL 33133
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File Number: 15-00809 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
62/ARTICLE XIV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "PLANNING AND ZONING PUBLIC BENEFITS TRUST
FUND," MORE PARTICULARLY BY CREATING A NEW SECTION ENTITLED
"WYNWOOD PUBLIC BENEFITS TRUST FUND"; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") established a trust fund entitled the "Public Benefits Trust
Fund", into which funds are collected from payments through the Public Benefits Program under the
City's Zoning Ordinance, Miami 21; and
WHEREAS, the Wynwood District is experiencing unique conditions, including a lack of parks,
open space and civic space and a lack of public land that is available to be developed or dedicated by
the City for such purposes; and
WHEREAS, currently there is very little development in Wynwood and the development that is
occurring under the existing zoning regulations has generated no revenue from the Public Benefits
Program; and
WHEREAS, the City seeks to encourage reinvestment in infrastructure and seeks other
creative solutions to create parks, open space, civic space, and civil support uses to allow for and
facilitate new residential uses in Wynwood; and
WHEREAS, the City Commission authorizes an amendment to sections of Chapter 62 in the
Code of the City of Miami, Florida, as amended ("City Code"), establishing the Wynwood Public
Benefits Trust Fund, as set forth and more particularly described below;
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
and incorporated as if fully set forth in this section.
Section 2. Chapter 62/Article XIV of the City Code, is amended in the following particulars: {1}
"CHAPTER 62
PLANNING AND ZONING
ARTICLE XIV. PUBLIC BENEFITS TRUST FUND
.City of Miami
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File Number. 15-00809
Sec. 62-641. Public Benefits Trust Fund; Intent.
It is intended that the "Public Benefits Trust Fund" be established in order to collect 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.
* * * * *
Sec, 62-644--62 64-9 ReseN d-. Wynwood Public Benefits Trust Fund.
It is intended that the "Wynwood Public Benefits Trust Fund" be established in order to collect cash
contributions made according to the Wynwood NRD-1, to support reinvestment into a neighborhood
revitalization district and supplement affordable/workforce housing, public parks and open space, and
civic space or civil support space shortfalls.
Sec. 62-645. Established.
(a) There is hereby established a trust fund to be entitled the "Wynwood Public Benefits Trust Fund,"
into which funds shall be deposited pursuant to this article.
(b) Upon receipt of funds for any project within the boundaries of the Wynwood NRD-1, the City
Department of Finance shall deposit such funds into the Wynwood Public Benefits Trust Fund.
(c) The Wynwood Business Improvement District ("BID") shall annually allocate funds collected for
purposes consistent with Section 62-644, and the following:
(1) affordable/workforce housing expenditures pursuant to those guidelines adopted by the City
Commission;
(2) acquisition of fee simple, Lease, or other interest in land, and other real property for parks,
open space, civic space or civil support space;
(3) construct, maintain, operate, manage or provide funds for improvements for parks, open
space, civic space or civil support space that is open to the general public; and
(4) perform such other related activities as may be appropriate to carry out the intent of this
section.
(d) The Wynwood Public Benefits Trust Fund shall be established for a period of time commensurate
with the Wynwood Business Improvement District as set forth in Section 2-1316, and thereafter shall
be reviewed by the City Commission every five (5) years to determine whether the purposes of the
Wynwood Public Benefits Trust Fund have been satisfied, and upon such finding, the Wynwood Public
Benefits Trust Fund shall sunset and any funds to be collected and allocated, pursuant to this article
and according to the Miami 21 Code, shall revert to the Public Benefits Trust Fund.
Sec. 62-646. Financial report.
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 BID for review and approval by the City Commission prior
to filing with the City Clerk.
* 11
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, It is the intention of the City Commission that the provisions of this Ordinance shall
become and may be made a part of the Code of Ordinances of the City of Miami, Florida, which
provisions may be renumbered or relettered and that the word "ordinance" may be changed to
"section", "article", or other appropriate word to accomplish such intention.
City of Alianzi
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File Number: 15-00809
Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS;
VIC 'ORIA ME DEZ
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
(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
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