HomeMy WebLinkAboutPre-LegislationCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-25-060
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 17997 Date Rendered: 10/10/2025
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL, WITH A MODIFICATION, OF 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 AMENDING SECTION, 62-642, TITLED "ESTABLISHED", TO
INCLUDE AN ADMINISTRATIVE COST; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on or about October 22, 2009, the City Commission adopted
Ordinance No. 13114 as the current Zoning Ordinance, which has been amended from time
to time ("Miami 21 Code"); and
WHEREAS, pursuant to the Miami 21 Code, the Public Benefits Program was
established to, and allows for, cash contribution in exchange for, in compliance with the
Miami 21 Code regulations. bonus Building Height in T5 and T6 Zones, bonus Floor Lot
Ratio ("FLR") in T6 Zones, and bonus Building Height in D1 Zones; and
WHEREAS, Chapter 62, Article XIV, Section 62-642 of the Code of the City of
Miami, Florida, as amended, ("City Code") establishes the Public Benefits Trust Fund into
which the cash contributions made according to the Miami 21 Code are used to supplement
affordable/workforce housing, public parks and open space, and green building certification
shortfalls; and
WHEREAS, there are also Major Use Special Permits ("MUSPs"), Development
Agreements, and Covenants that contemplated payment into the Public Benefits Trust
Fund; and
WHEREAS, the City of Miami ("City") has established a trust fund (Special
Revenue 10095) into which funds are collected from payments through the Public Benefits
Program ("Program") pursuant to the Miami 21 Code; and
WHEREAS, the City seeks to implement an administrative cost that will be used
towards management of the Public Benefits Trust Fund Special Revenue account; and
WHEREAS, an administrative cost is needed to be allocated for the management
of the Public Benefits Trust Fund; and
WHEREAS, consideration has been given to the relationship of this proposed
amendment to the goals, objectives and policies of the Miami Comprehensive
Neighborhood Plan ("MCNP"), which will further Goal HO-1 and Goal PR-1 of the MCNP;
Date Rendered: 10/10/2025
City of Miami Page 1 of 3 File ID: 17997 (Revision:) Printed On: 10/10/2025
and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") recommends
approval of the allocation of an administrative cost to manage the Public Benefits Trust
Fund, with the modification that it be ten percent (10%), rather than fifteen percent (15%);
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI PLANNING, ZONING
AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution
are adopted and incorporated as if fully set forth in this section.
Section 2. It is hereby recommended to the Miami City Commission that
Chapter 62/Article XIV of the City Code is further amended in the following
particulars, with the modification that the allocated administrative cost be ten percent
(10%), rather than fifteen percent (15%):
"CHAPTER 62
PLANNING AND ZONING
ARTICLE XIV. - PUBLIC BENEFITS TRUST FUND
Sec. 62-641. - Public benefits trust fund; intent.
It is intended that the "Public Benefits Trust Fund" be established in order to collect the 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. 62-642. - Established.
(a) There is hereby established a trust fund to be entitled the "Public Benefits Trust Fund,"
into which funds shall be deposited pursuant to this article.
(b) The city commission, upon the manager's recommendation, shall annually allocate funds
collected.
(c) All cash contributions allocated by the city commission to support affordable/workforce
housing shall be deposited in the affordable housing trust fund for expenditures pursuant
to the guidelines adopted by the city commission.
(d) All cash contributions allocated by the commission to support parks and open space
shall be deposited in the parks and open space trust fund, as set forth herein, to be
expended in accordance with the guidelines outlined therein.
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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(e) Fifteen percent (15%) of fees collected shall be allocated towards administrating the
Public Benefits Trust Fund.
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Section 3. If any section, part of a section, paragraph, clause, phrase, or word of the
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall become effective immediately upon adoption hereof.
Reviewed and Approved:
David Snow
City of Miami Page 3 of 3 File ID: 17997 (Revision:) Printed On: 10/10/2025