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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING/PARKS AND OPEN SPACE TRUST FUND," TO CLARIFY THE PUBLIC BENEFITS CONTRIBUTION AND EXPENDITURE PROCESS FOR PROPERTIES NEAR A GREENWAY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 62 of the Code of the City of Miami, Florida, as amended ("City Code"), specifically Article XII, establishes the Parks and Open Space Trust Fund and provides the expenditure process of funds collected by the City of Miami ("City"); and WHEREAS, the City Greenway system is an expanding trail network, including existing and future portions of Greenways such as the Underline, Commodore Trail, Ludlam Trail, Miami River Greenway, and Underdeck; and WHEREAS, Greenways provide essential community connectivity and conveyance through the City, offer recreational and alternative transportation routes, improve public health, and boost local economies; and WHEREAS, development along Greenways introduces actives uses to the adjacent trails, contributes to high quality open spaces, and promotes active lifestyles by providing access to green spaces and safe paths for walking and biking; and WHEREAS, Greenway is a type of Open Space as defined pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the City wishes to amend the Parks and Open Space Trust Fund tbensure that cash contributions collected from properties in proximity to a Greenway will be reigesi into the City's Greenway network; and C. 73 M WHEREAS, the proposed amendments support Policy TR-2.9.3 of the Miam ' riv iv C) Comprehensive Neighborhood Plan ("MCNP") to develop a comprehensive active tratiAortabon ITl plan for Miami that integrates bicycle, pedestrian, and Greenway components by corxdpctinge C network gap analysis and developing a list of prioritized projects based on objective c..tAria?s M which should include road classification; proximity to transit stops and park -and -ride #i's, proximity to schools, parks, or other public facilities; proximity to activity centers and tr isit w corridors; consideration of high -crash locations; potential to connect gaps in existing sictwaflt, Greenway, and other non -motorized transportation network; and WHEREAS, City staff met with the Friends of the Underline on August 26, 2025, and other relevant stakeholders of the City's Greenway network on November 21, 2025, January 26, 2026, February 27, 2026, and April 29, 2026; and WHEREAS, there is a companion amendment to the Miami 21 Code regarding a Public Benefits Program and Greenway Standards for sites near a Greenway; and WHEREAS, City staff received recommendations of support from the Miami Climate Resilience Committee and the Miami River Commission on June 1, 2026 for both amendments; and WHEREAS, City staff received a recommendation of support from the Miami Downtown Development Authority Urbanism Committee on July 14, 2026 for both amendments; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June 3, 18710 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 2026 following an advertised public hearing, adopted Resolution No. PZAB-R-26-029 by a vote of eight to zero (8-0), Item No. PZAB. 3, recommending approval, of this City Code amendment; and WHEREAS, consideration has been given to the Planning Director's recommendations and (a) public hearing(s) was held on the proposed amendments; and WHEREAS, consideration has been given to the relationship of this proposed amendment to the goals, objectives and policies of the MCNP, with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the MCNP: the Miami 21 Code; and other City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; 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 fully set forth in this Section. Section 2. Chapter 62, Article XII of the City Code is hereby amended in the following particulars:1 "CHAPTER 62 PLANNING AND ZONING ARTICLE XII. PARKS AND OPEN SPACE TRUST FUND Sec. 62-401. - Intent. rn -4 rn It is intended that the "Parks and Open Space Trust Fund" be established in order to facilitate the compliance of open space requirements according to Miami 21 as amended, the zoning ordinance of the city (the "zoning ordinance"), to facilitate the receipt of equitable contributions for mitigation of open space in the city. Expenditures from this trust fund shall require written authorization by the °City mManager, or his/her designee, upon written recommendations from the dDirectors of the Department of Planning, Office of Zoning, and Department of Parks and Recreation. Wd zz lnr 9toz Sec. 62-402. - Trust fund payments. Payments into the "Parks and Open Space Trust Fund" shall include, but shall not be limited to, monies collected pursuant to section 3.14 of the zoning ordinance. Sec. 62-403. - Established. (a) There is hereby established a trust fund to be entitled the "Parks and Open Space Trust Fund" (the "trust fund") to be maintained and administered by the city, into which funds shall be deposited and from which funds shall be withdrawn pursuant to this article to pay the procurement of parks and open space or improvement of parks and open spaces in the city, through means which may include, but are not limited to the following activities by the city or its authorized agents: 03A1333N THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. (1) Not less than 80 percent of the trust fund shall be expended on as a tion-ef the following during each fiscal year: i. acquisition of new parks and open space, and ii. acquisition, construction, maintenance, and/or improvements of Greenways. 1. Contributions to the trust fund made under the Greenways Public Benefit option or per the required Greenways Design Standards, pursuant to Article 3 of Miami 21, shall be allocated towards the construction of future portions of the Greenwav, or for improvements, maintenance, operations, and/or design costs of the Greenwav, prioritizing the Greenwav corridor from which the contribution was generated. However, if the eCity fl4Manager, or his/her designee, determines that there are insufficient reserves in the trust fund to implement viable purchases of land or to construct, improve, and/or maintain Greenways, funds may be carried over to the next fiscal year. (2) Not more than ten percent of the trust fund shall be expended on activities directly related to improvement of existing parks and open space during each fiscal year, including, but not limited to, survey work, site inventory and analysis, landscape architectural design services, inspection services for new plantings, and other related project expenses and incidentals. (3) Not more than ten percent of the trust fund shall be expended during each fiscal year to provide for administrative costs directly related to the notice requirements of the zoning ordinance. (b) Allowable expenditures undertaken pursuant to this chapter may be made by the city manager, or his/her designee, except that any trust fund expenditures in excess of $50,000.00 will require approval by the city commission. Notwithstanding the foregoing, the city commission may, by unanimous vote, aeprove or expedite any expenditure under this chapter. o (c) It is the intent of this article that prior to the expenditure of funds for the above li'ss' tec items by the city manager, that due consideration is given to written recommK3ti from the , if practicable, the directors of the -" planning and zoning and parks Department of Planning, Office of Zoning, arfitizi N Department of Parks and Recreation. wn 'r Sec. 62-404. - Funds made available; financial report. (a) Funds deposited in the trust fund shall be made available to the city manager 7r w implementation purposes, all disbursals of trust fund monies shall be made by3,he Lcf y manager, or his/her designee, in accordance with this chapter and the zoning ordinance, and after due consideration is given to the written recommendations of the directors of the departments of planning and zoning and parks. (b) A financial report on trust fund receipts and expenditures shall be prepared annually at the close of the fiscal year by the city manager or his/her designee and presented to the city commission. The City shall maintain and publish annually a corridor -level accounting of Greenwav related Trust Fund receipts and expenditures, identifying the Greenwav corridor associated with each contribution and the status of related capital projects. Secs. 62-405-62-519. - Reserved." 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. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Section 4. This Ordinance shall become effective ten (10) days upon adoption hereof.2 he :I Nd ZZ 111191OZ 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 unchanaed 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 Legislation Ordinance File Number: 18710 Final Action ate: SUBSTITUTED AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTE 62/ARTICLE XII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS A NDED ("CITY CODE"), TITLED "PLANNING AND ZONING/PARKS AND OPEN •'ACE TRUST FUND," TO CLARIFY THE PUBLIC BENEFITS CONTRIBUTIO AND EXPENDITURE PROCESS FOR PROPERTIES NEAR A GREENWA CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVDATE. WHEREAS, Chapter 62 of the Code of the City of Miami, Fiori • as amended ("City Code"), specifically Article XII, establishes the Parks and Open Spa Trust Fund and provides the expenditure process of funds collected by the City of Miami (" "); and WHEREAS, the City Greenway system is an expandin► rail network, including existing and future portions of Greenways such as the Underline, Co modore Trail, Ludlam Trail, Miami River Greenway, and Underdeck; and WHEREAS, Greenways provide essential co unity connectivity and conve ance through the City, offer recreational and alternative tr, sportation routes, improve pul health, and boost local economies; and r15 v. "r` c lz'll WHEREAS, development along Gree lays introduces actives uses to the adiace2 0 trails, contributes to high quality open space , and promotes active lifestyles by pr6'ringry M access to green spaces and safe paths fo alking and biking; and _ -; ..,o < WHEREAS, Greenway is a ty• of Open Space as defined pursuant to Orcnce:tdo. 13114, the Zoning Ordinance of the ity of Miami, Florida, as amended ("Miami 21 ddeand WHEREAS, the City wis- -s to amend the Parks and Open Space Trust Fund to ensure that cash contributions collect • from properties in proximity to a Greenway will be reinvested into the City's Greenway ne ' ork; and WHEREAS, the oposed amendments support Policy TR-2.9.3 of the Miami Comprehensive Neig •orhood Plan ("MCNP") to develop a comprehensive active transportation plan for Miami that ' egrates bicycle, pedestrian, and Greenway components by conducting a network gap anal -is and developing a list of prioritized projects based on objective criteria, which should in de road classification; proximity to transit stops and park -and -ride lots; proximity to s• ools, parks, or other public facilities; proximity to activity centers and transit corridors; c• sideration of high -crash locations; potential to connect gaps in existing sidewalk, Greenwa and other non -motorized transportation network; and HEREAS, City staff met with the Friends of the Underline on August 26, 2025, and oth: relevant stakeholders of the City's Greenway network on November 21, 2025; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June 3, 2026 following an advertised public hearing, adopted Resolution No. PZAB-R-26-029 by a vote of eight to zero (8-0), Item No. PZAB. 3, recommending approval, of this City Code amendment; and City of Miami File ID: 18710 (Revision:) Printed On: 7/15/2026 SUBSTITUTED WHEREAS, consideration has been given to the Planning Director's recommendations and (a) public hearing(s) was held on the proposed amendments; and WHEREAS, consideration has been given to the relationship of this proposed amendment to the goals, objectives and policies of the MCNP, with appropriate considerat -n as to whether the proposed change will further the goals, objectives and policies of the MC •; the Miami 21 Code; and other City regulations; and WHEREAS, consideration has been given to the need and justification for ' proposed change, including changed or changing conditions that make the passage of the roposed change necessary; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION 0 HE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preambl to this Ordinance are adopted by reference and incorporated as fully set forth in this Se • n. Section 2. Chapter 62, Article XII of the City Code is h- -by amended in tha ollciang particulars:I (..-. 73 ant c._, =4n m "CHAPTER 62 N 0 - 1r'j r rn PLANNING AND ONING on - =~--‹ Yi ARTICLE XII. PARKS A • OPEN SPACE TRUST FUND Sec. 62-401. - Intent. r- .: �r*� W It is intended that the "Parks and 0 • Space Trust Fund" be established in order to facilitate the compliance of open space re• rements according to Miami 21 as amended, the zoning ordinance of the city (the "zonin• ordinance"), to facilitate the receipt of equitable contributions for mitigation of open space! e city. Expenditures from this trust fund shall require written authorization by the 6City fla anager, or his/her designee, upon written recommendations from the dDirectors of the _ - _ _ _ _ _ _ _ . _ Department of Planning, Office of Zonin • and D= • artment of Parks and Recreation. Sec. 62-402. - Trus and payments. Payments into th- arks and Open Space Trust Fund" shall include, but shall not be limited to, monies collecte• •ursuant to section 3.14 of the zoning ordinance. Sec. 62-40 - Established. (a) The is hereby established a trust fund to be entitled the "Parks and Open Space Trust nd" (the "trust fund") to be maintained and administered by the city, into which funds hall be deposited and from which funds shall be withdrawn pursuant to this article to pay the procurement of parks and open space or improvement of parks and open spaces in the city, through means which may include, but are not limited to the following activities by the city or its authorized agents: 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 unchanaed material. City of Miami File ID: 18710 (Revision:) Printed On: 7/15/2026 SUBSTITUTED (1) Not less than 80 percent of the trust fund shall be expended on asquisition--of the following during each fiscal year.-: i. acquisition of new parks and open space, and ii. acquisition, construction, maintenance, and/or improvements of Greenways. 1. Contributions to the trust fund from a Development within a o half (1/2) mile of a Greenway pursuant to Miami 21 Zoning ' ode Sections 3.14.1.2.e, 3.14.4.b.d, and/or 3.20 shall be allo - ed towards the construction of future portions of the Gree av, or for improvements, maintenance, operations, and/or desicosts of the Greenway, prioritizing the Greenway corridor fr' which the contribution was generated. However, if the eCity a}Manager, or his/her designee, determi - s that there are insufficient reserves in the trust fund to implement viable pu ases of land or to construct, improve, and/or maintain Greenways, funds m., be carried over to the next fiscal year. (2) Not more than ten percent of the trust fund shall be e ended on activities directly related to improvement of existing parks an. • pen space during each fiscal year, including, but not limited to, survey w• site inventory and analysis, landscape architectural design services, inspec . n services for new plantings, and other related project expenses and incid - als. (3) Not more than ten percent of the trust fund - all be expended during each fiscal year to provide for administrative costs di ctly related to the notice requirements of the zoning ordinance. (b) Allowable expenditures undertaken pursuant manager, or his/her designee, except that $50,000.00 will require approval by the c made by the city manager or city com recommendation is made by the par Notwithstanding the foregoing, the expedite any expenditure under (c) It is the intent of this article tha items by the city manager, t from the this chapter may be made by the city y trust fund expenditures in excess of commission. All trust fund expenditures sion, as applicable, shall only be made after a advisory board as to such expenditures. ty commission may, by unanimous vote, approve or s chapter. rior to the expenditure of funds for the abovested due consideration is given to written recomme$giattus , if practicable, the directors of the clepartraiintsatt - - - , - - - Department of Planning, Office of Zoning,, c-- Department of Parks - • Recreation. '' ram'- Fri rri Sec. 62-404. - Funds ma • available; financial report. (a) Funds deposite• the trust fund shall be made available to the city mana'for implementation • urposes, all disbursals of trust fund monies shall be made y tl-rrcity manager, or s/her designee, in accordance with this chapter and the zoni[m ordinance and after • e consideration is given to the written recommendations of the 4reccrs of the depments of planning and zoning and parks. (b) A fina ial report on trust fund receipts and expenditures shall be prepared annually at the •se of the fiscal year by the city manager or his/her designee and presented to the cit commission. The City shall maintain and publish annually a corridor -level accounting • Greenwav related Trust Fund receipts and expenditures, identifying the Greenway orridor associated with each contribution and the status of related capital proiects. s. 62-405-62-519. - Reserved." 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. City of Miami File ID: 18710 (Revision:) Printed On: 7/15/2026 SUBSTITUTED Section 4. This Ordinance shall become effective ten (10) days upon adoption hereof.2 APPROVED AS TO FORM AND CORRECTNESS: ge . Wy j ng III, Cy for y 6/15/2026 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: 18710 (Revision:) Printed On: 7/15/2026