HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #15956
Date: 04/23/2024
Commission Meeting Date: 02/13/2025
Type: Ordinance
Subject: Amend Code - Chapter 62 -
Public Benefit Trust Fund
Requesting Department: Wynwood
Business Improvement District Board
Sponsored By:
District Impacted: District 5
PURPOSE OF ITEM:
The Wynwood Business Improvement District Board wishes to introduce the following
amendment to the NRD-1 Public Benefits Trust Fund, specifically, Section 62-645 of the
City Code, to implement process improvements and efficiencies to improve the
evaluation, approval, and funding of eligible projects.
BACKGROUND INFORMATION:
The Wynwood Business Improvement District Board of the city ("BID board") was
established to improve and strengthen the area known as the Wynwood Arts District
through promotion, management, marketing, and other similar services, including but
not limited to, coordination, funding, implementation and maintenance of infrastructure
improvements, and other projects. The City established the NRD-1 Public Benefits Trust
Fund for the purpose of encouraging reinvestment in infrastructure and seeking other
creative solutions to create parks, open space, civic space, and civil support uses to
allow for and facilitate new residential uses within the NRD-1 boundaries. The BID,
through a 5 member committee of the BID, allocate within the NRD-1 boundaries funds
collected for purposes consistent with section 62-644 of the City Code. After
discussions with the Department of Finance, the BID recommends the adoption of this
amendment provide for the transfer of NRD-1 Public Benefits Trust Funds collected by
the City's Finance Department to a qualified public depository held by the BID, allowing
for the investment of NRD-1 Public Benefits Trust Funds collected pursuant to the City's
investment policy and Section 218.415, Florida Statutes, providing for three (3) year
terms for NRD-1 Public Benefits Trust Fund Committee members, and clarifying that
thirty-five (35%) of total nrd-1 public benefits trust funds collected shall be allocated
towards affordable/workforce housing.
Budget Impact Analysis
Item is Related to Revenue
Item is NOT an Expenditure
Item is NOT funded by Bonds
Total Fiscal Impact:
General Account No : Wynwood BID General Funds & Public Benefit Funds
City of Miami File ID: 15956 (Revision: A) Printed On: 2/24/2025
Reviewed B
Wynwood Business Improvement District Board
Review Completed 04/29/2024 1:42 PM
Office of Management and Budget Calvin Fifer
Office of Management and Budget
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
City Commission
City Commission
City Commission
City Commission
City Commission
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
City Commission
Office of the Mayor
Office of the City Clerk
Office of the City Clerk
Marie Gouin
Arthur Noriega V
Valentin J Alvarez
Carolina Aguila
Pablo Velez
George K. Wysong III
Teri Samuels
Maricarmen Lopez
Nicole Ewan
Joseph Castro
Teri Samuels
Valentin J Alvarez
Xavier Alban
George K. Wysong III
Maricarmen Lopez
Maricarmen Lopez
Mayor's Office
City Clerk's Office
City Clerk's Office
Manny Gonzalez Department Head
Budget Analyst Review Completed
Budget Review Completed
City Manager Review Completed
Legislative Division Review Completed
Approved Form and Correctness Skipped
ACA Review Completed
Approved Form and Correctness Completed
Meeting Completed
Meeting Completed
Meeting Completed
Meeting Completed
Meeting Completed
Legislative Division Review Completed
ACA Review Completed
Approved Form and Correctness Completed
Meeting Completed
Meeting Completed
Signed by the Mayor Completed
Signed and Attested by the City Clerk Completed
Rendered Completed
04/29/2024 1:59 PM
04/29/2024 2:19 PM
04/29/2024 2:51 PM
04/30/2024 10:08 AM
04/26/2024 9:19 AM
04/30/2024 6:11 PM
04/30/2024 8:59 PM
05/09/2024 9:00 AM
05/23/2024 9:00 AM
06/13/2024 9:00 AM
06/18/2024 9:00 AM
12/12/2024 9:00 AM
12/17/2024 11:20 AM
12/17/2024 2:45 PM
12/17/2024 4:24 PM
01/23/2025 9:00 AM
02/13/2025 9:00 AM
02/21/2025 3:21 PM
02/21/2025 3:43 PM
02/21/2025 3:44 PM
City of Miami File ID: 15956 (Revision: A) Printed On: 2/24/2025
City of Miami
Legislation
Ordinance
Enactment Number:14352
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15956 Final Action Date: 2/13/2025
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 62/ARTICLE XIV/SECTION 62-644 — 62-645 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND
ZONING/PUBLIC BENEFITS TRUST FUND/NRD-1 PUBLIC BENEFITS
TRUST FUND; INTENT." AND "PLANNING AND ZONING/PUBLIC
BENEFITS TRUST FUND/ESTABLISHED," TO PROVIDE FOR THE
TRANSFER OF NRD-1 PUBLIC BENEFITS TRUST FUNDS COLLECTED
BY THE CITY OF MIAMI ("CITY") FINANCE DEPARTMENT ("FINANCE")
TO A QUALIFIED PUBLIC DEPOSITORY HELD BY THE WYNWOOD
BUSINESS IMPROVEMENT DISTRICT ("BID"), ALLOWING FOR THE
INVESTMENT OF NRD-1 PUBLIC BENEFITS TRUST FUNDS
COLLECTED PURSUANT TO THE CITY'S INVESTMENT POLICY AND
SECTION 218.415, FLORIDA STATUTES, PROVIDING FOR THREE (3)
YEAR TERMS FOR NRD-1 PUBLIC BENEFITS TRUST FUND
COMMITTEE MEMBERS, CLARIFYING THAT THIRTY-FIVE PERCENT
(35%) OF TOTAL NRD-1 PUBLIC BENEFITS TRUST FUNDS
COLLECTED SHALL BE ALLOCATED TOWARDS AFFORDABLE
HOUSING, AND LIMITING FUNDING TO AFFORDABLE HOUSING
PROJECTS WHERE AT LEAST FIFTY-ONE PERCENT (51%) OF THE
UNITS PROVIDED ARE RESTRICTED TO A PERSON OR HOUSEHOLDS
WITH INCOME AT OR BELOW EIGHTY PERCENT (80%) OF THE
MEDIAN INCOME FOR MIAMI-DADE COUNTY, FLORIDA, AS
DETERMINED BY THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 10, 2022, the City Commission adopted Ordinance No. 13582
establishing the NRD-1 Public Benefits Trust Fund for the purpose of encouraging reinvestment
in infrastructure and seeking other creative solutions to create parks, open space, civic space,
and civil support uses to allow for and facilitate new residential uses within the NRD-1
boundaries; and
WHEREAS, in furtherance of the intent of Ordinance No. 13582, on December 22, 2022,
the NRD-1 Public Benefits Trust Fund Committee allocated Three Million Five Hundred
Thousand Dollars ($3,500,000.00) to the Wynwood Works Project which will provide one
hundred twenty (120) affordable housing units to individuals earning thirty percent (30%) area
median income ("AMI"), and households earning between fifty percent (50%) and eighty (80%)
AMI; and
WHEREAS, there are other NRD-1 Public Benefits Trust Fund projects proposed or
being considered; and
WHEREAS, there are certain process improvements and efficiencies that can be
implemented to improve the evaluation, approval, and funding of eligible projects; and
City of Miami File ID: 15956 (Revision: A) Printed On: 2/24/2025
WHEREAS, the Wynwood Business Improvement District ("BID") reviewed and
recommended approval of the following amendment to the NRD-1 Public Benefits Trust Fund at
its April 2, 2024, regular BID Board meeting;
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, Article XIV of the Code of the City of Miami, Florida, as
amended, is amended in the following particulars:1
"CHAPTER 62
PLANNING AND ZONING
ARTICLE XIV. PUBLIC BENEFITS TRUST FUND
* * *
Sec. 62-644. NRD-1 Public benefits trust fund; intent.
It is intended that the "NRD-1 Public Benefits Trust Fund" be established in order to collect cash
contributions made according to the NRD-1 as established in the Miami 21 Code, as amended,
the zoning ordinance of the city, to support reinvestment and supplement affordable/workforce
housing, public parks and open space, and civic space or civil support space within the NRD-1
boundaries.
Sec. 62-645. Established.
(a) There is hereby established a trust fund to be entitled the "NRD-1 Public Benefits Trust
Fund," into which funds shall be deposited pursuant to this article.
(b) Upon receipt of funds for any project within the NRD-1 boundaries, the city's department
of finance shall deposit transfer such funds into the NRD-1 Public benefits trust fund. The NRD-
1 Public benefits trust fund shall be a qualified public depository held by the Business
Improvement District ("BID"). The BID may invest surplus funds pursuant to the City's
investment policy and Section 218.415, Florida Statutes.
(c) The Wynwood Busine-s Improvement District ("BID shall, through a five -member
committee of the BID to be formed on an annual basis each fiscal year, of which one member
shall be directly appointed by the city commissioner from District 5, one member shall be
directly appointed by the city commissioner from District 2, one member shall be appointed by
the city commission, and two members shall be appointed by the BID Board and submitted to
the city commission for confirmation, allocate within the NRD-1 boundaries funds collected for
purposes consistent with section 62-644. The committee members shall serve three (3) year
terms. Expenditure of funds and any actions in furtherance of the expenditure shall be
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 File ID: 15956 (Revision: A) Printed On: 2/24/2025
consistent with the powers and duties of the BID, comply with city procedures for the acquisition
of goods and services, and approved within the annual budget of the BID by the city
commission.
(d) A minimum of thirty-five percent (35°1 percent of funds collected in the NRD-1 Public
benefits trust fund shall be allocated towards affordable/workforce housing on an annual basis,
and shall be expended pursuant to guidelines and procedures established by the city
commission. At least fifty-one percent (51 %) of the units provided by any affordable housing
project awarded funds from the NRD-1 Public benefits trust fund shall be restricted during the
affordability period for a person or households with income at or below eighty percent (80%) of
the median income for Miami -Dade County, Florida, as determined by the U.S. Department of
Housing and Urban Development.
(e) The NRD-1 Public benefits trust fund shall be established for a period of time
commensurate with the Wynwood Business Improvement DistrictBID as set forth in section 2-
1316, and thereafter shall be reviewed by the city commission every three years to determine
whether the purposes of the NRD-1 Public benefits trust fund have been satisfied, and upon
such finding, the NRD-1 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, as established in section 62-641 of the City Code.
*„
Section 3. 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 4. This Ordinance shall become effective ten (10) days from the date of
adoption by the City Commission.2
APPROVED AS TO FORM AND CORRECTNESS:
rge Wy y ng I I[, C y ttor
4/30/2024 'e , rge = . Wy y ng I IG, C y ttor -y 12/17/2024
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 File ID: 15956 (Revision: A) Printed On: 2/24/2025