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Home My WebLink AboutSubstitution Memo from Planning DirectorCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the DATE: March 22, 2021 City Commission Cesar M. Garcia -Pons Dig;laly signed by Cesar M. Garde -Pons Dare: 2021.03 22 19:02:a8 o0 SUBJECT: March 25, 2021 City Commission Meeting Agenda — SR.5 — NRD-2 Public Benefits Trust Fund (File ID 8064) FROM: Cesar M. Garcia -Pons, AICP, LEEP AP REFERENCES: Planning Department Director ENCLOSURES: SR.5 Updated Legislation SR.5/File ID 8064 on Thursday's City Commission agenda is being substituted with the attached. The substantive change is to Section 62-648(e), which clarifies that the NRD-2 Trust funds shall be allocated towards existing and new housing on an annual basis. cc: Victoria Mendez, City Attorney Arthur Noriega V, City Manager Nzeribe Ihekwaba, Ph.D, PE, Assistant City Manager Jeremy Calleros Gauger, Planning Deputy Director Olga Zamora, Chief of Hearing Boards Miriam M. Santana, Agenda Coordinator Todd Hannon, City Clerk s, I :Z Wd CZ iiVi4 1ta 70 Fri ;T1 gOio 61- Su 6sfi,1vt-ion ti9ema �i'v�u P lan n i iJvecfvr? City of Miami Legislation Ordinance: City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov com File Number: 8064 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 ("CITY CODE"), TITLED "PLANNING AND ZONING/PUBLIC BENEFITS TRUST FUND"; MORE PARTICULARLY BY ESTABLISHING A NEW SECTION 62-647 OF THE CITY CODE, TITLED "NRD-2 PUBLIC BENEFITS TRUST FUND; INTENT", SECTION 62-648 OF THE CITY CODE, TITLED "ESTABLISHED", AND SECTION 62-649 OF THE CITY CODE, 1TLED "FINANCIAL REPORT"; CONTAINING A SEVERABILITY CLAUSE; AND2, —' PROVIDING FOR AN EFFECTIVE DATE.nzr r SPONSOR(S): Mayor Francis X. Suarez ` w WHEREAS, the City of Miami ("City") has established a trust fund into whiatilunag are collected from payments through the Public Benefits Program ("Program") pursgantr.tb Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amenpd -- ("Miami 21 Code"); and WHEREAS, the Wynwood Norte Community Vision Plan ("Vision Plan") is a community -led collaborative process involving a diverse group of stakeholders to plan for future improvements and protect the unique character of the Wynwood Norte neighborhood while planning for appropriate growth and housing for current and future residents; and WHEREAS, pursuant to Resolution No. R-19-0472 adopted on November 21, 2019, the City Commission recognized the Vision Plan and directed the City's Administration to study tools and policies for the implementation of the Vision Plan; and WHEREAS, unique conditions exist within the boundaries of the area known as the Neighborhood Revitalization District-2 ("NRD-2") including disinvestment in public facilities, community assets, and the NRD-2's commercial corridors; an abundance of vacant lots and aging infrastructure; and a need to recalibrate and activate open space and green space to be enjoyed by the community; and WHEREAS, there has been little new housing supply added to the NRD-2 in recent decades and as a result of rising land values in recent years, the aging housing stock has become more expensive and the community is at risk of displacement under the existing zoning in place; and WHEREAS, currently, there is very little development within the NRD-2 and the development that has occurred under the existing zoning regulations has generated no revenues for the Program. and WHEREAS, the City seeks to encourage community reinvestment, other creative solutions, and new revenue streams to improve parks, open space, civic space, affordable housing, and to introduce new civic and commercial uses to provide economic opportunities City of Miami Page 1 of 4 File ID: 8064 (Revision: B) Printed on: 3r1212021 File ID: e064 Enactment Number: and improve quality of life for residents and multi -generational households within the NRD- 2; and WHEREAS, the City Commission desires to amend Chapter 62 of the Code of the City of Miami, Florida, as amended ("City Code"), to establish the NRD-2 Public Benefits Trust Fund to collect contributions from future development within the NRD-2; 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 further amended in the following particulars:1 "CHAPTER 62 0 1 PLANNING AND ZONING n `+' ARTICLE XIV, - PUBLIC BENEFITS TRUST FUND i ,a-c r m Sec. 62-647- NRD-2 Public Benefits Trust Fund; Intent. It is intended that the "NRD-2 Public Benefits Trust Fund" ("NRD-2 Trust Fund") be established in order to collect cash contributions made according o the Wynwood Norte Neighborhood Revitalization District ("NRD-2") as established in Ordinance No. 13114: the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), to support community reinvestment, including infrastructure to support local businesses ;providing nei hborhood-oriented goods and services; to address climate change adaptation and resiliency; and to maintain and supplement affordable/workforce housing, public parks and open space, and civic space: or civil support space within the NRD-2 boundaries. Sec. 62-648- Established. ta) The NRD-2 Trust Fund is hereby established into which funds shall be deposited pursuant to this Article. (b) Upon receipt of funds for any project within the NRD-2 boundaries pursuant to the Miami 21 Code, the City's Department of Finance shall deposit such funds into th•e NRD-2 Trust Fund. (c There is hereby established an NRD-2 Trust Fund Committee `Committee") which shall meet, at a minimum on an annual basis each fiscal year commencing in the fiscal year following the adoption of the NRD-2 Trust Fund for the primary purpose of ' 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 ANarni Page 2 of 4 File iD: 8064 (Revision: 6) Printed on: 3 22/2021 File ID: 8064 Enactment Number: recommending allocations of funds received into the NRD-2 Trust Fund for qualifying reinvestment consistent with the intent set forth in Section 62-647 and the criteria contained herein to the City Commission for formal approval by resolution. 1) The Committee shall include seven (7) members, each serving one (1) year terms. • a Cl 6.1 t.J ▪ c� �v U cv r ts._l ▪ Q� ti - ti —2) Each member shall meet at least one (1) of the following criteria to Qualify to serve on the Committee: a. One (1) member shall be directly appointed by the District Commissioner without further action of the City Commission, b. One (1) member shall be directly appointed by the City Mayor without further action of the City Commission; c. One (1) member shall be appointed by the City Commission; d. One (1) member shall be appointed by the Miami -Dade County Public Schools without further action of the City Commission, e. One (1) member shall be appointed by the Miami -Dade County Department of Public Housing and Community Development, or its successor agency; without further action by the City Commission; and f. Two (2) members shall be appointed by the WynweodCommunity Enhancement Association and submitted to the City Commission for confirmation. a. a permanent resident within the NRD-2 boundaries-, b. a property owner of record within the NRD-2 boundaries; or C. an employee or representative of a business or non-profit community -based organization located within the NRD-2 boundaries authorized to serve on its behalf. 3) Committee meetings shall be staffed and attended by the City Manager or designee. (d) Expenditure of funds and any actions in furtherance of the expenditure shall be consistent with this Article, the NRD-2 standards incorporated in the corresponding Appendix to the Miami 21 Code, and all applicable criteria and guidelines adopted from time to time; shall comply with City procedures and laws for the acquisition of goods and services; and shall be approved within the annuat_budget by the City Commission. (e) A minimum of thirty five percent (35%) of funds in the NRD-2 Trust Fund shall be allocated towards existing and new housing on an annual basis and shall be expended pursuant to guidelines and procedures established by the City Commission_ (f) The NRD-2 Trust Fund shall be established for a period of ten (10) years and shall be reviewed by the City Commission upon expiration of the ten (10) years and every three (3) years thereafter to determine whether the purposes of the NRD-2 Trust Fund have been satisfied and upon such finding, the NFL❑-2 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 established in Section 62-641 of the City Code. Sec. 62-649- Financial Report. City of Miami Page 3 of 4 File 1D: 8064 (Revision: B) Printed on: 3/212011 File ID: 8084 Enactment Number: A financial report on NRD-2 TrustFund receipts and expenditures shall be prepared annually at the close of the fiscal year by the City Manager for review and approval by the City Commission and filed with the City Clerk." Section 4. If any section, part of a section, paragraph, clause, phrase, or word of the Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective ten (10) days upon adoption hereof.2 APPROVED AS TO FORM AND CORRECTNESS: endez, ity Attorne 12/1/2020 oria endez, ity Attorney) 1/28/2021 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. City of Miami Page 4 of 4 File ID: 8064 (Revision: 13) Printed on: 3122/2021