HomeMy WebLinkAboutPre-LegislationCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01706
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTERS 2 AND 12.5 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), BY AMENDING THE CHAPTERS
ENTITLED"ADMINISTRATION" AND "COMMUNITY REVITALIZATION" WHICH
CREATED THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST
("MODEL CITY TRUST"), PURSUANT TO ORDINANCE NO. 12082, ADOPTED
'JULY 10, 2001, BY REPEALING ALL SECTIONS RELATED TO THE MODEL CITY
TRUST, AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS
ESTABLISHING THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST BY
DESIGNATING THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST'S
JURISDICTIONAL AUTHORITY AS A LIMITED AGENCY AND
INSTRUMENTALITY OF THE CITY OF MIAMI, SETTING FORTH THE LIBERTY
CITY COMMUNITY REVITALIZATION TRUSTS PURPOSE, POWERS AND
DUTIES, INCLUDING BUT NOT LIMITED TO: TO SUE AND BE SUED, PLEAD
AND IMPLEAD, CONTRACT AND BE CONTRACTED WITH; PROVIDING FOR
COMPOSITI, N AND APPOINTMENTS AND PROCEDURES, TERMS OF OFFICE,
VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE
REQUIREMENTS, OFFICERS; OATH, QUORUM AND VOTING, MEETINGS,
ABOLISHMENT, A PRESIDENT/CHIEF EXECUTIVE OFFICER AND STAFF,
COUNSEL, BUDGET APPROVAL AND ANNUAL REPORT; PROVIDING FOR
"SUNSET" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892
AND DIVISION 2 TO CHAPTER 12.5, OF THE CITY CODE; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 04-0374, adopted June 10, 2004, the City Commission
approved the City of Miami's ("City's") Five Year Consolidated Plan (2004-2009), which outlined the
City's various community revitalization strategies; and
WHEREAS, the Liberty City Community Revitalization Trust will provide oversight and facilitate.
the City's revitalization efforts and activities to be undertaken in the Liberty City area; and
WHEREAS, the City Commission wishes to create and establish the Liberty City Community
Revitalization Trust which shall receive its initial sunset review in the Year 2010, and then every four
years thereafter, and to advise and initiate the redevelopment of the Liberty City area;
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.
City of Miami
Page 1 of 10 Printed On: 10/3/2006
File Number: 06-01706
Section 2. Ordinance No. 12082, adopted July 10, 2001 which amended the Code of the
City of Miami, Florida, as amended, by amending Section 2-892 and adding new Division 2 to Chapter
12.5 of the Code, which created the Model City Community Revitalization District Trust is repealed in
its entirety, thereby deleting all sections relating to the Model City Community Revitalization District
Trust, and new Sections, as set forth in Sections 3 and 4 herein below are substituted in lieu thereof.
Section 3. Chapter 2, Article XI, of the Code of the City of Miami, Florida, as amended, is
amended in the following particulars:{1}
"Chapter 2
ADMINISTRATION
ARTICLE XI. Boards, Committees, Commissions
DIVISION 2. Standards for Creation and review of boards generally
Sec. 2-892, "Sunset" review of boards.
Commencing with the year4995, each city board shall be reviewed in the following manner:
(4) The following boards shall initially be reviewed in the following years and shall be reviewed
every four years thereafter:
*
j. 2007:
*
4- Model City Community Revitalization District Trust:
2 1. Little Havana Homeownership Advisory Board.
2. Community Technology Advisory Board
*
k. 2010:
1. Liberty City Community Revitalization Trust
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File Number: 06-01 706
Section 4. Chapter 12.5, Division 2, of the Code of the City of Miami, Florida, as amended, is
repealed in its entirety and is amended in the following particulars:{1}
"Chapter 12.5
COMMUNITY REVITALIZATION
ARTICLE I. Community Revitalization Districts
*
DIVISION 2. Liberty City Community Revitalization Trust
Sec. (To be determined). Liberty City Community Revitalization Trust created.
A limited agency and instrumentality of the City to be known as the "Liberty City_
Community Revitalization Trust" is created and established. Use of the term "Liberty
City Trust" in this division shall mean the Liberty City Community Revitalization Trust.
Sec. (To be determined). Liberty City Trust - iurisdictional authority.
The Liberty City Trust shaW xercise the powers and duties for the area in Liberty City ("Area")
described as follows: Using City of Miami Boundary on the north and 195 as a Point Of
Beginning ("POB"), runnihcrsouth on 195, to SR 112, west on SR 112 to NW 17th Avenue,
north on NW 17th Avenue to NW 58 Street, west' on NW 58 Street to the " City of Miami
Municipal Boundary, then running along the City of Miami Municipal Boundary north, then east,
then north then east to 195, POB, all in the City of Miami, Miami -Dade County, Florida as
depicted in Attachment "A."
Sec. LTo be determined). Purpose; powers and duties.
u Purpose. The Liberty City Trust, in cooperation with the City Manager, the Department of
Community Development and other City departments, shall be responsible for oversight of
and shall facilitate, the City's revitalization efforts for the redevelopment of the Area in a
manner consistent with the strategy identified in the Five Year Consolidated Plan, adopted by
the City Commission in June, 2004. The Liberty City Trust shall promote economic
development, business and commerce in the Area. The Liberty City Trust shall develop and
execute a plan to create lobs, attract industry and facilitate the production of goods and
services in the Area for residents and non-residents. It will facilitate the development of
affordable housing, engage in homebuver assistance programs and market the Area to
encourage former residents and others to locate to the Area,
u Powers and duties. Subject to City Commission approval and compliance with the
terms and conditions of any existing contractual obligations, the Liberty City Trust shall
be empowered to take all actions necessary including, but not limited to, the following
activities:
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1, establish policy for the revitalization efforts in the Area; and
2. advocate the purposes of the Liberty City Trust; and
3. assist and advise the City Commission, the Department of Community
Development, other departments and other public officials and entities concerning the
revitalization initiative in the Area; and
4. promote, oversee and assist in the redevelopment activities and develop increased
public awareness and interest in the Area; and
5. solicit and accept grants in cooperation with the Office of Grants Administration. The
Liberty City Trust shall contact the Office of Grants Administration for assistance in
project planning, proposal writing, application assembly, and monitoring financial and
budgetary compliance with grantor agency guidelines. Ail grant applications shall be
submitted to the Office of Grants Administration for review, and will subsequently be
forwarded to the Director of Grants Administration for approval, and final signature.
The Liberty City Trust shall be responsible for implementing and managing all of its
grants. Any and all other contributions and financial support from individuals, private
business interests, the general public, governmental entities, corporations and
organizations, foundations and other philanthropic entities shall require City
Commission approval: and
6. implement full and active participation and cooperation with public and private
entities in furtherance of the Libert# City Trust's purpose to oversee and facilitate the
revitalization of the Area to improveyhe Quality of life for residents of this neighborhood;
and
7. participate in any other fundraising activity, whether solely involving the Liberty Citv
Trust or involving partnerships with other persons or public or private organizations,
which furthers the Liberty City Trust's purpose, with the approval of the City
Commissions and
8. in addition to complying with Section 18-85(h) of the City Code, the Liberty City
Trust shall contract and be contracted with, for administrative purposes only, not to
exceed $5000.00 per item, goods, services, and/or anything of value in one transaction
or multiple transactions concerning the same subject matter. Any and all contracts
above $5000.00 require City Commission approval.
9, to sue and be sued, plead and impleadi
10. Notwithstanding any provisions to the contrary, the Liberty City Trust shall
exercise only such powers as are granted pursuant to this division.
Sec. (To be determined). Scope.
cal The Liberty City Trust may review and evaluate issues related to the major development of
real property in the Area and may provide recommendations and advice to the City
Commission concerning those issues and only such other matters as are referred to it by the
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File Number. 06-01706
City Commission in regard to real property in the Area. The City Commission shall not be
bound by any recommendation or advice received from the Liberty City Trust. The Liberty City
Trust is expected to be aware of City policies concerning the major development of real
property in the Area and coordinate its endeavors with City departments, committee and
boards which will be affected by the Liberty City Trust's recommendations and advice.
Lb) The Liberty City Trust may be informed of issues concerning the maior development of real
property in the Area for its input and advice at the conceptual planning stage for such
development;_ "major development" shall be defined as such activities that require public notice
and hearings pursuant to the City of Miami Charter and Code and shall not encompass minor
changes, renovations and/or alterations to any existing real property in the Area. Nothing
herein is intended to interfere or conflict with any existing provisions in the City of Miami
Charter and Code setting forth procedures concerning the development of real property.
Sec, (To be determined). Governing body -composition and appointments; terms of
office and vacancies; membership qualifications; procedures for appointment of
members; oath quorum and voting; meetings; attendance requirements*
indemnification.
fgj. Governing body -composition and appointments. The Liberty City Trust shall consist
of five voting members and one youth, non -voting member. The voting members shall
consist of individuals from professional disciplines. Four of the voting members shall be
appointed by the District 5 Commissioner and one to be appointed by the City Manager
and confirmed by the City Commission -as hereinafter set forth. The one yout.
non -voting member shall be appointed by the members of the Liberty City Trust, and
confirmed by the City Commission, as hereinafter set forth.
fb) Terms of office and vacancies.
Four voting members and one youth, non -voting member shall be appointed by the District
5 Commissioner for a term of two years or until the nominating commissioner leaves office
whichever occurs first. One voting member shall be appointed by the City Manager for a term
of one year or until the City Manager leaves office, whichever occurs first. The District 5
Commissioner shall appoint an individual to fill a vacancy due to the death, resignation or
removal of his or her appointees to the Liberty City Trust, which person shall serve only for the
remainder of the unexpired term. The City Manager shall appoint an individual to fill a vacancy
due to the death, resignation or removal of his or her appointee to the Liberty City Trust, which
person shall serve only for the remainder of the unexpired term. No member shall serve more
than four consecutive years on the Liberty City Trust. Nothing set forth herein shall prohibit any
individual from being reappointed after a hiatus of two years.
Membership qualifications.
(1) The Liberty City Trust votingmembers shall be 18 years of age or older and broadly
reflect the diversity of the community and share technical, professional expertise or
experiential knowledge and interest in the following areas: residential construction,
development, architecture and engineering, planning, zoning and land use law,
economic development, historic preservation and restoration, administration, fiscal
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File Number: 06-01706
management, and community involvement.
(2) The Liberty City Trust youth, non -voting member shall be no less than 15 and no more than
18 years of age.
(3) Each member of the Liberty City Trust shall be an individual of outstanding_
reputation for integrity, responsibility and commitment to serving the community, have a
demonstrated interest in the revitalization of the Area and the vision of the Liberty City
Trust, and is expected to participate actively in the functioning of the Liberty City Trust.
(4) No member of the Liberty City Trust shall become a candidate for elective political office
during his or her term. Should any member of the Liberty City Trust qualify as a candidate for
elective political office, such Qualification shall be deemed a tender of resignation from the
Liberty City Trust.
(5) No employee of Miami -Dade County, Florida, or any municipality therein other than city
employees, shall serve on or be appointed to the Liberty City Trust.
,(ftl Procedure for appointment of members.
1. No appointment shall be made until notice has been given in a newspaper of
general circulation in the City of the appointments to be made to the LibertyCity Trust
at least 30 days _prior to the making of an appointment, and shall have solicited and
encouraged the public and professional or citizen.orcianizations within the Area having
interest in and knowledge of the Area to sulsnit names of persons and their
qualifications for consideration as prospective appointees of the Liberty City Trust. At
least ten days_prior to the making of any appointment, the appointing party, shall cause
the City Clerk to have available to the public, and shall publicly make announcement of
the fact, that the list of names thus submitted, together with a short statement of the
qualifications of each person, is prepared and available for public inspection and
consideration. In reaching a decision on appointments,_the appointing party shall give
due consideration to the names submitted.
2. In addition, the appointing party shall, at (east ten days prior to the makin4 of any
appointment, direct the City Clerk to have available to the public, and shall publicly
announce that the names of prospective appointees a short statement of qualifications
of such persons are available for public inspection and consideration. No person shall
be appointed to membership on the Liberty City Trust whose name and qualifications
have not been made publicly available in the manner set out.
fl Oath. Upon the effective date of appointment, or as soon thereafter as practicable,
each member of the Liberty City Trust shall assume the duties of a member of the
Liberty City Trust, but before doing sot shall take the oath prescribed by section 41(e)
and (f) of the City Charter.
tl Officers. The voting members of the Liberty City Trust shall elect from its voting members
a chairperson and vice -chairperson, and designate a secretary and such other officers deemed
necessary. The chairperson of the Liberty City Trust shall have the power to appoint all
members serving on the various committees which the Liberty City Trust shall establish from
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File Number: 06-01706
time to time.
Q) Quorum and voting, At all meetings of the Liberty City Trust, a majority of the then
appointed voting members shall constitute a quorum for the transaction of business, and each
voting member shall have one vote on every issue submitted to a vote of the Liberty City Trust.
The act of a maiority of the voting members present at a meeting at which a quorum is present
shall be the act of the Liberty City Trust. The voting members of the Liberty City Trust shall
make and adopt bylaws and rules and regulations for the Liberty City Trusts governance and
for the operation and management of the revitalization initiative.
Meetings. The Liberty City Trust shall hold regular quarterly meetings and may hold such
other meetings as it deems necessary. At least one of the meetings of the Liberty City Trust
per year shall be held in the Area. AR meetings of the Liberty City Trust shall be public.
Recorded minutes of the proceedings of all actions taken at the meeting of the Liberty City
Trust shall be maintained by the Liberty City Trust and shall be promptly and properly recorded
and submitted to the City Clerk. The City Clerk shall transcribe the recorded minutes of the
meetings of the Liberty City Trust and provide a copy of the transcribed minutes to the
President/Chief Executive Officer of the Liberty City Trust.
jj), Attendance requirements. A member shall be automatically removed if. (a) in a
given calendar year he or she is absent from three (3) consecutive meetings; or (b) he
or she is absent from four (4) properly noticed meetings within an eight -month period
without an excused absence.
Insurance. The Liberty City Trust shall maintain o*icers and directors liability
insurance coverage at ail times, in an amount and in a fgrm satisfactory to the City's
insurance manager.
Sec. (To be determined). PresidentlChief Executive Officer; appointment, term,
qualifications, compensation, general powers and responsibilities.
At its inception, the President/Chief Executive Officer of the Model City Trust, approved
by the City Commission on June 22, 2006, shall serve as the PresidentlChief Executive
Officer of the Liberty. City Trust, commencing from the date of the final approval of this
Ordinance. Each successor president/chief executive officer shall be appointed by the
Liberty City Trust and approved by the City Commission, and receive such salary and
benefits as shall be fixed by the Liberty City Trust, and approved by the City
Commission. The Liberty City Trust shall have the option of appointing a
President/Chief Executive Officer who is not affiliated with the Citv or they may appoint,
with the written approval of the City Manager, a City employee who is assigned by the
City to the Liberty City Trust for the purpose of managing the revitalization initiative.
After the hiring of the President/Chief Executive Officer, the Liberty City Trust shall
submit monthly quarterly status reports on the Liberty City Trust's operations and
expenses to the City Commission. The President/Chief Executive Officer shall be a
person of good moral character and have an excellent reputation for integrity,_
responsibility, and business ability, but no Liberty City Trust member shall be eligible for
appointment as President/Chief Executive Officer. The PresidentlChief Executive
Officer shall receive such salary as shall be fixed by the Liberty City Trust, and
approved by the City Commission. The President/Chief Executive Officer shall take an
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File Number: 06-01706
oath before assuming any duties. The President/Chief Executive Officer shall act as
the chief executive officer of the Liberty City Trust. Subject to the policy directives of
the Liberty City Trust, the President/Chief Executive Officer shall have general
supervision over and be responsible for the management and operation of ail Liberty
City Trust activities, and facilities. The President/Chief Executive Officer shall execute
all contracts on behalf of the Liberty City Trust after approval by the Liberty City Trust.
The President/Chief Executive Officer shall attend ail meetings of the Liberty City Trust,
shall furnish the Liberty City Trust a quarterly report with respect to the management
and operation of the revitalization initiative, and the financial condition of the Liberty City
Trust, and shall from time to time have prepared and shall furnish such reports, audits
and other information relating to the revitalization initiative to the Liberty City Trust as
may be required by the Liberty City Trust or the City. In the absence or disability of the
President/Chief Executive Officer or if no President/Chief Executive Officer is currently
employed by the Liberty City Trust, the Liberty City Trust may designate a qualified
person as interim President/Chief Executive Officer on a part-time temporary basis for a
period of time less than six months, subject to City Commission approval. The
President/Chief Executive Officer may be removed at any time by the Liberty City Trust
or the City Commission in their sole discretion and without notice. If the President/Chief
Executive Officer is removed, the City Manager is hereby authorized to execute
contracts and other documents on behalf of the Liberty City Trust until such time that a
President/Chief Executive Officer or an interim PresidentlChief Executive Officer is
appointed by the Liberty City Trust, and approved by the City Commission.
Sec. (To be determined). Employment of assistants.
Subject to the policy directives of the Liberty City Trust and by,dget limitations, the
President/Chief Executive Officer may employ such assistants as are necessary to
provide for the efficient operation of the Liberty City Trust.
Sec. (To be determined). Compliance with Federal, State and Local Laws.
The Liberty City Trust shall comply with and observe all applicable federal, state and local laws,
rules, reQulations, codes and ordinances, as may be amended from time to time.
Sec. (To be determined). Counsel.
The City Attorney's office shall provide legal counsel to the Liberty City Trust as may be
necessary and requested by the Liberty City Trust.
Sec. (To be determined). Transfer of Assets.
Anv and all personal property under the control of the Model City Trust, shall transfer, upon the
creation of the Liberty City Trust, to the Liberty City Trust. Anv and all real property under the
control of the Model City Trust shall transfer, upon the creation of the Liberty City Trust, to the
City.
Sec. (To be determined). Approval of budget.
Lel Effective immediately, the Liberty City Trust shall establish a fiscal year which
coincides with that of the City of Miami. The Liberty City Trust shall submit to the City
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File Number: 06-01706
Commission a budget, in a form acceptable to the City Manager, and no later than April
1 preceding the commencement of each fiscal Year. Nothing contained herein shall be
construed to prohibit the Liberty City Trust from submitting a supplemental budget to the
Commission for approval.
f No expenditure shall be made in any given year without approval by the City
Commission of the Liberty City Trust budget for that year and all expenditure shall
comply with City procedures for acquisition of goods and services.
In conjunction with the submission of the budget, the Liberty City Trust shall submit
a master plan reflecting the proposed operations, activities, and improvements of the
revitalization initiative for the forthcoming fiscal year. The City Commission may review
and deny any item contained in the master plan within thirty (30) days from the date of
its submission by the Liberty City Trust,
No provision contained in this Division shall be construed to violate the
Anti -Deficiency Act, as set forth in Sections 18-500 through 18-503 of this Code.
Sec. (To be determined). Annual report and audit.
Lql The Liberty City Trust shall submit to the Mayor and City Commission an annual
report and an annual audit. The audit shall be performed by an external auditor who is
a certified public accountant.
The City Commission and/or the City Manager shall have the right to audit any
books, accounts, expenditures, receivables, and contracts of the Trust at ainy time.
Sec. (To be determined). Sunset Review of Trust.
Notwithstanding the provisions contained in Section 2-892 of this Code, the Trust shall
be initially reviewed in 2010. Thereafter the Trust shall be reviewed every four years.
Sec, (To be determined). Abolishment of the Liberty City Trust.
The City Commission may, by an affirmative vote of three (3) commissioners , abolish
the Liberty City Trust, at which time the powers and duties of the Liberty City Trust shall
revert to the City and the City shall resume responsibility for the revitalization initiative.
Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in
conflict with the provisions of this Ordinance are repealed.
Section 6. 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 7, This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof. {2)
City of Miami
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File Number.: 06-01706
APPROVED AS TO FORM AND CORRECTNESS:
JORG
CITY A TOR EY
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 Commissions r upon the
effective date stated herein, whichever is later.
City of Miami Page 10 of 10 Pruned On: 10/3/2006
City of Miami
Legislation
Ordinance: 13758
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3408 Final Action Date: 3/22/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED,
BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN
TRANSECT ZONE -OPEN, TO "T4-L," GENERAL URBAN TRANSECT ZONE -
LIMITED, FOR THE PROPERTIES LOCATED WITHIN BLOCK 17 OF THE
WYNWOOD PARK PLAT AT APPROXIMATELY 3043 NORTHWEST 3
AVENUE, 3040 NORTHWEST 2 AVENUE, AND 224, 234, 244, 252, 262, 268,
276, AND 284 NORTHWEST 31 STREET, AND FROM "T4-L," GENERAL
URBAN TRANSECT ZONE -LIMITED, TO "T5-L," URBAN CENTER TRANSECT
ZONE -LIMITED, FOR THE PROPERTIES LOCATED AT APPROXIMATELY
221, 229, 237, 243, 251, 267, 269, 275, 285, AND 291 NORTHWEST 30
STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Westdale Wynwood, LP ("Applicant") has submitted an application to
change the zoning classification from "T3-O," Sub -Urban Transect Zone -Open, to "T4-L,"
General Urban Transect Zone -Limited, for the properties located within block 17 of the
Wynwood Park Plat at approximately 3043 Northwest 3 Avenue, 3040 Northwest 2 Avenue, and
224, 234, 244, 252, 262, 268, 276, and 284 Northwest 31 Street and from "T4-L," General
Urban Transect Zone -Limited, to "T5-L," Urban Center Transect Zone -Limited, for the properties
located at approximately 221, 229, 237, 243, 251, 267, 269, 275, 285, and 291 Northwest 30
Street, Miami, Florida, as more particularly described in Exhibit "A" (collectively, "Properties");
and
WHEREAS, the Properties are located within the Wynwood Edgewater Net Area and
have an area of approximately 4.86 contiguous acres of which approximately four (4) acres are
the subject of the pending application; and
WHEREAS, the Department of Planning has evaluated this application solely upon the
criteria found in Article 7, Sections 7.1.2.8(a)(3) and (f)(2) of Ordinance No. 13114, as amended,
the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code") and recommended denial;
and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on
November 15, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-
17-091 by a vote of five to two (5-2), Item No. PZAB.8, recommending denial of the proposed
Zoning Change; and
WHEREAS, the Applicant has voluntarily proffered a restrictive covenant ("Covenant")
for these parcels, attached and incorporated as Exhibit "B," wherein the Applicant makes certain
covenants and restrictions that the Properties shall be treated as a unified development site
consistent with a concept plan attached thereto for multi -family residential development with a
City of Miami
Page 1 of 3 File ID: 3408 (Revision: B) Printed On: 5/3/2021
File ID: 3408 Enactment Number: 13758
mix of unit sizes, on -site parking, community amenities, limited commercial uses along the
ground floor of NW 30' Street, and subject to a Unity of Title or Covenant in Lieu of Unity of
Title; Development on the North Parcels shall not exceed a maximum Height of three (3) stories
and forty (40) feet and will incorporate architectural elements consistent with existing structures
in the neighborhood, including but not limited to Spanish Mission and Mediterranean Revival;
Applicant will also, in lieu of providing ten (10) multi -family residential dwelling units as
affordable housing as part of future development of the subject Properties, contribute
$1,000,000 for neighborhood improvements to a neighborhood revitalization organization or
community revitalization trust serving District 5 with $500,000 payable within sixty (60) days of
the effective date of the Covenant, $250,000 upon issuance of a building permit, and $250,000
upon issuance of a certificate of occupancy of the subject Properties; and
WHEREAS the City Commission accepts the proffered Covenant as being in the best
interests of the City and as being beneficial to the area; and
WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height; and
WHEREAS, based on the evidence and testimony presented at the public hearing, 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 inhabitants to consider this proposed
zoning change 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
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Zoning Atlas of Ordinance No. 13114, as amended, is further amended
by changing the zoning classification from "T3-O," Sub -Urban Transect Zone —Open, to "T4-L,"
General Urban Transect Zone —Limited, for the properties located within block 17 of the
Wynwood Park Plat at approximately 3043 Northwest 3 Avenue, 3040 Northwest 2 Avenue, and
224, 234, 244, 252, 262, 268, 276, and 284 Northwest 31 Street and from "T4-L," General
Urban Transect Zone -Limited, to "T5-L," Urban Center Transect Zone -Limited, for the properties
located at approximately 221, 229, 237, 243, 251, 267, 269, 275, 285, and 291 Northwest 30
Street, Miami, Florida, as more particularly described in Exhibit "A."
Section 3. The Covenant voluntarily proffered by Applicant, attached and incorporated
as Exhibit "B," is accepted and approved by the City Commission.
Section 4. The Applicant shall record the Covenant within thirty (30) days of the
effective date of this Ordinance.
Section 3. This Ordinance shall become effective thirty-one (31) days after second
reading and adoption thereof, pursuant and subject to Sections 163.3187(5)(c) and
163.3184(12), Florida Statutes.'
1 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 Page 2 of 3 File ID: 3408 (Revision: B) Printed on: 5/3/2021
File ID: 3408
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor
4/27/2018
Enactment Number: 13758
City of Miami
Page 3 of 3 File ID: 3408 (Revision: B) Printed on: 5/3/2021
City of Miami
Legislation
Ordinance: 13859
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 6222 Final Action Date: 9/12/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
12.5/ARTICLE I/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED " COMMUNITY
REVITALIZATION/COMMUNITY REVITALIZATION DISTRICTS/LIBERTY CITY
COMMUNITY REVITALIZATION DISTRICT," MORE PARTICULARLY BY
AMENDING SECTIONS 12.5-27M, 12.5-28, AND 12.5-36 TO ADD
PROVISIONS TO ESTABLISH A NEW DISTRICT 5 NEIGHBORHOODS
OWNER -OCCUPIED AFFORDABLE HOUSING IMPROVEMENTS GRANT
PROGRAM FOR LOW INCOME HOMEOWNERS; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
SPONSOR(S): Commissioner Keon Hardemon
WHEREAS, the City of Miami ("City") created and established the Liberty City
Community Revitalization Trust ("Trust") pursuant to Ordinance No. 12859 adopted October 12,
2006; and
WHEREAS, the Trust is responsible for the oversight and facilitation of the City's
revitalization and redevelopment activities in the Liberty City area; and
WHEREAS, pursuant to Ordinance No. 13758, adopted March 22, 2018, the City
Commission approved, in lieu of providing ten (10) multi -family residential dwelling units as
affordable housing as part of future development of particular properties located within Block 17
of the Wynwood Park Plat at approximately 3043 Northwest 3rd Avenue, 3040 Northwest 2'
Avenue, and 224, 234, 244, 252, 262, 268, 276, and 284 Northwest 31 st Street, and
approximately 221, 229, 237, 243, 251, 267, 269, 275, 285, and 291 Northwest 30th Street
(collectively, "Properties to be Developed"), the contribution by Westdale Wynwood, LP
("Developer") of a total amount of One Million Dollars ($1,000,000.00) for neighborhood
improvements to a neighborhood revitalization organization or community revitalization trust
service in District 5 with (a) Five Hundred Thousand Dollars ($500,000.00) payable by the
Developer within sixty (60) of the effective date of the approved covenant ("Restrictive
Covenant"), (b) Two Hundred Fifty Thousand Dollars ($250,000.00) payable upon issuance of a
building permit for the Developer's project, and (c) Two Hundred Fifty Thousand Dollars
($250,000.00) payable upon issuance of a certificate of occupancy for the Developer's project;
and
WHEREAS, the Restrictive Covenant for the Properties to be Developed has been
recorded in the records of the Clerk of the Court of Miami -Dade County, and the Trust has
received the Developer's first contribution in the total amount of Five Hundred Thousand Dollars
($500,000.00), in accordance with Ordinance No.13758 to establish the new District 5
neighborhoods owner -occupied affordable housing grant program for low income homeowners
("Grant Program") in order to assist homeowners of owner -occupied dwellings in District 5, and
especially within the area of the Properties to be Developed, with life safety, resiliency, flood
City of Miami
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File ID: 6222 Enactment Number: 13859
prevention, sustainability, hurricane hardening, and other necessary affordable housing
improvements such as, but not limited to installations of high -impact windows and doors, new
energy efficient HVAC systems, new efficient electrical and plumbing systems, new or repaired
roofs, and other necessary repairs for dwellings owned and occupied by low income
homeowners; and
WHEREAS, in connection with the creation of the Grant Program, (a) the City
Commission on July 11, 2019 has adopted Resolution No. 19-0284 amending the Trust's
original Fiscal Year 2018-2019 ("Fiscal Year") Annual Budget, and (b) the Trust's Board on July
9, 2019 has recommended this amendment to the applicable sections of the Code of the City of
Miami, as amended ("City Code") in order (i) to establish the Trust's jurisdictional authority to
create and undertake the Grant Program, (ii) to supplement and update the Trust's annual
master plan ("Supplemental Annual Master Plan") to include in the Trust's powers and duties
the new Grant Program's guidelines, operations, activities, and improvements for District 5 in
the District 5 Grant Program Area during the current Fiscal Year and thereafter, and (iii) to
undertake the Grant Program in a manner consistent with the City's strategies in the Five Year
Consolidated Plan, as adopted and amended from time to time by the City Commission;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 12.5/Division 2 of the City Code, is amended in the following
particulars:1
"CHAPTER 12.5
COMMUNITY REVITALIZATION
ARTICLE I. COMMUNITY REVITALIZATION DISTRICTS
DIVISION 2. LIBERTY CITY COMMUNITY REVITALIZATION TRUST
Sec. 12.5-27. Liberty City Trust - Jurisdictional authority.
The Liberty City Trust shall exercise the powers and duties for the area in Liberty City
("area") described as follows-: Using the City of Miami Boundary on the north and 1 95 as a
point of beginning ("POB"), running south on 1 95, to SR 112, west on SR 112 to NW 17th
Avenue, north on NW 17th Avenue to NW 58 Street, west on NW 58 Street to the City of
Miami Municipal Boundary, then running along the City of Miami Municipal Boundary north,
then east, then north then east to 195, POB, all in the City of Miami, Miami -Dade County,
Florida as depicted in attachment "A". Additionally, in connection with City Commission
Ordinance No. 13758, adopted March 22, 2018, the Liberty City Trust is hereby designated as
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.
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the recipient neighborhood revitalization organization and community revitalization trust
thereunder serving District 5 and shall exercise the powers and duties for the District 5
neighborhoods owner -occupied affordable housing improvements grant program ("Grant
Program") throughout District 5 and especially in the neighborhoods of said District located
within Block 17 of the Wynwood Park Plat at approximately 3043 Northwest 3rd Avenue, 3040
Northwest 2' Avenue, and 224, 234, 244, 252, 262, 268, 276, and 284 Northwest 31st Street,
and approximately 221, 229, 237, 243, 251, 267, 269, 275, 285, and 291 Northwest 30th Street
(collectively, "District 5 Grant Program Area") in order to assist homeowners of owner -occupied
dwellings in District 5, and especially within the area of the Properties to be Developed, with life
safety, resiliency, sustainability, hurricane hardening, and other necessary affordable housing
improvements such as, but not limited to installations of high -impact windows and doors, new
energy efficient HVAC systems, new efficient electrical and plumbing systems, new or repaired
roofs, and other necessary repairs for dwellings owned and occupied by low income
homeowners.
*
Sec. 12.5-28. Purpose; powers and duties.
(a) Purpose. The Liberty City Trust, in cooperation with the city manager, the department of
community development and other city departments, shall be responsible for oversight of
and shall facilitate, the city's revitalization efforts for the redevelopment of the area in a
manner consistent with the strategy identified in the Five Year Consolidated Plan, as
amended, and adopted by the city commission from time to time in June, 200/1. The Liberty
City Trust shall promote economic development, business and commerce in the area. The
Liberty City Trust shall develop and execute a plan to create jobs, attract industry and
facilitate the production of goods and services in the area for residents and non-residents. It
will facilitate the development of affordable housing, engage in homebuyer assistance
programs and market the area to encourage former residents and others to locate to the
area. Further the Liberty City Trust will facilitate the creation, undertakings, guidelines,
operations, activities, improvements, and monitoring of the Grant Program in the District 5
Grant Program Area.
(b) Powers and duties. Subject to city commission approval and compliance with the terms
and conditions of any existing contractual obligations, the Liberty City Trust shall be
empowered to take all actions necessary including, but not limited to, the following activities:
(1) Establish policy for the revitalization efforts in the area;
(2) Advocate the purposes of the Liberty City Trust;
(3) Assist and advise the city commission, the department of community
development; other departments and other public officials and entities concerning the
revitalization initiative in the area;
(4) Promote, oversee and assist in the redevelopment activities and develop
increased public awareness and interest in the area;
(5) Solicit and accept grants in cooperation with the office of grants
administration. The Liberty City Trust shall contact the office of grants administration
for assistance in project planning, proposal writing, application assembly, and
monitoring financial and budgetary compliance with grantor agency guidelines. All
grant applications shall be submitted to the office of grants administration for review,
and will subsequently be forwarded to the director of grants administration for
approval, and final signature. The Liberty City Trust shall be responsible for
implementing and managing all of its grants. Any and all other contributions and
financial support from individuals, private business interests, the general public,
governmental entities, corporations and organizations, foundations and other
philanthropic entities shall require city commission approval;
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(6) Implement full and active participation and cooperation with public and private
entities in furtherance of the Liberty City Trust's purpose to oversee and facilitate the
revitalization of the area to improve the quality of life for residents of this
neighborhood;
(7) Participate in any other fundraising activity, whether solely involving the
Liberty City Trust or involving partnerships with other persons or public or private
organizations, which furthers the Liberty City Trust's purpose, with the approval of the
city commission; and
(8) In addition to complying with subsection 18-85(h) of the City Code, the Liberty
City Trust shall contract and be contracted with, for administrative purposes only, not
to exceed $5,000.00 per item, goods, services, and/or anything of value in one
transaction or multiple transactions concerning the same subject matter. Any and all
contracts above $5,000.00 shall require city commission approval.
(9) To sue and be sued, plead and implead.
(10) Facilitate the creation, guidelines, operations, activities, improvements, and
monitoring of the Grant Program in the District 5 Grant Program Area in cooperation
with the office of grants administration and any other city department that the Trust
determines would be best able to assist with establishing best practices for the Grant
Program in the District 5 Grant Program Area. The Liberty City Trust shall contact the
office of grants administration and the city department of housing and economic
development for assistance in Grant Program funding planning, Grant application
form creation, applications reviews, grant awards implementation and funding, grant
project management, completion, and monitoring financial and budgetary compliance
with city guidelines. All grant funding applications shall be submitted to the office of
grants administration for joint review by the Liberty City Trust and the office of grants
administration, and will subsequently be forwarded to the executive director of the
Liberty City Trust and the director of grants administration for joint approval, and final
signatures by both. The Liberty City Trust shall be responsible for implementing and
managing all of its grant awards and the improvement projects for all owner recipients
for owner -occupied dwellings under the Grant Program. After the receipt by the Trust
of all of the required contributions pursuant to Ordinance No. 13758, any and all other
contributions and financial support for the Grant Program in the District 5 Program
Area from individuals, private business interests, the general public, governmental
entities, corporations and organizations, foundations and other philanthropic entities
shall require city commission approval;
4$11) Notwithstanding any provisions to the contrary, the Liberty City Trust shall
exercise only such powers as are expressly granted pursuant to this division.
*
*
Sec. 12.5 - 36. Approval of budget.
(a) Effective immediately, the Liberty City Trust shall establish a fiscal year which
coincides with that of the city. The Liberty City Trust shall submit to the city commission a
budget, in a form acceptable to the city manager, and no later than April 1 preceding the
commencement of each fiscal year. Nothing contained herein shall be construed to prohibit
the Liberty City Trust from submitting a supplemental budget to the commission for approval.
(b) No expenditure shall be made in any given year without approval by the City
Commission of the Liberty City Trust budget for that year and all expenditure shall comply
with city procedures for acquisition of goods and services.
(c) In conjunction with the submission of the budget, the Liberty City Trust shall submit a
an annual master plan reflecting the proposed operations, activities, and improvements of
the revitalization initiative for the forthcoming fiscal year in accordance with the Liberty City
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Trust's purposes, powers, and duties as outlined in Section 12.5-28 above. Nothing
contained herein shall be construed to prohibit the Liberty City Trust from submitting a
supplemental annual master plan to the commission for approval. The city commission may
review and deny any item contained in the annual master plan and in any supplemental
annual master plan within thirty (30_1 days from the date of its submission by the Liberty City
Trust.
(d) No provision contained in this division shall be construed to violate the Anti -
Deficiency Act, as set forth in sections 18-500 - 18-503.
*
*
*II
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 immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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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