HomeMy WebLinkAboutSubstitution Memo from City ManagerCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
James Reyes, City Manager
FROM David Snow
Planning Director
DATE: July 17, 2026
SUBJECT: Substitution of SR.7 — Update to
Legislation File ID 18710 — Amend
Code - Chapter 62 - Miami Loop
Public Benefits
ENCLOSURE: Updated Legislation
The purpose of this Substitution Memorandum for Item SR.7 on the July 23, 2026 City
Commission Agenda is to provide updated legislation as follows:
• Update whereas clauses, providing context for additional committee recommendations
of support
• Correct a redundancy in the text, specifically by striking an additional reference to the
Parks Advisory Board, which no longer exists
• Consolidate code references to Greenway Standards and Greenway Public Benefits in
Miami 21 Zoning Code for clarity
Upon approval, the updated legislation for the above -referenced City Code Amendment will be
provided to the City Clerk's Office for distribution to the Mayor and all Commissioners.
Approved:
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James Reyes, City Manager
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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
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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 objectiveeria?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 sictwaffe
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,
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.
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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.
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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
(1) Not less than 80 percent of the trust fund shall be expended on asguisition 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 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.
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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.
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 Date:
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 conve ance
through the City, offer recreational and alternative transportation routes, improve pul health,
and boost local economies; and
v.
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WHEREAS, development along Greenways introduces actives uses to the adpce Cy
trails, contributes to high quality open spaces, and promotes active lifestyles by pr6;4Ningry M
access to green spaces and safe paths for walking and biking; and
-v <
WHEREAS, Greenway is a type of Open Space as defined pursuant to Orcnce:tdo.
13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 ddeand
WHEREAS, the City wishes to amend the Parks and Open Space Trust Fund to ensure
that cash contributions collected from properties in proximity to a Greenway will be reinvested
into the City's Greenway network; and
WHEREAS, the proposed amendments support Policy TR-2.9.3 of the Miami
Comprehensive Neighborhood Plan ("MCNP") to develop a comprehensive active transportation
plan for Miami that integrates bicycle, pedestrian, and Greenway components by conducting a
network gap analysis and developing a list of prioritized projects based on objective criteria,
which should include road classification; proximity to transit stops and park -and -ride lots;
proximity to schools, parks, or other public facilities; proximity to activity centers and transit
corridors; consideration of high -crash locations; potential to connect gaps in existing sidewalk,
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; 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
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 the51oIIciang
particulars:I
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-an
"CHAPTER 62 N
" 1Fri
PLANNING AND ZONING
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tr W
ARTICLE XII. PARKS AND OPEN SPACE TRUST FUND r
Sec. 62-401. - Intent.
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 sCity INManager, or his/her designee, upon written recommendations from
the dDirectors of the Department of Planning,
Office of Zoning, and Department of Parks and Recreation.
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:
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
(1) Not less than 80 percent of the trust fund shall be expended on acquisition -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 one-
half (1/2) mile of a Greenway pursuant to Miami 21 Zoning Code
Sections 3.14.1.2.e, 3.14.4.b.d, and/or 3.20 shall be allocated
towards the construction of future portions of the Greenway, or for
improvements, maintenance, operations, and/or design costs of
the Greenway, prioritizing the Greenway corridor from which the
contribution was generated.
However, if the eCity a}Manager, 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
$50,000.00 will require approval by the city commission. All trust fund expenditures
made by the city manager or city commission, as applicable, shall only be made after a
recommendation is made by the parks advisory board as to such expenditures.
Notwithstanding the foregoing, the city commission may, by unanimous vote, approve or
expedite any expenditure under this chapter.
(c) It is the intent of this article that prior to the expenditure of funds for the abovecgsted
items by the city manager, that due consideration is given to written recomme$riattus
from the , if practicable, the directors of the d tilts t
Department of Planning, Office of Zoning, ,Lc?c--
Department of Parks and Recreation. -<'' r- ri
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Sec. 62-404. - Funds made available; financial report.';
(a) Funds deposited in the trust fund shall be made available to the city mana'for
implementation purposes, all disbursals of trust fund monies shall be made y tl-rrcity
manager, or his/her designee, in accordance with this chapter and the zoni[c ordinance
and after due consideration is given to the written recommendations of the 4reccrs 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 Greenway related Trust Fund receipts and expenditures, identifying the Greenway
corridor associated with each contribution and the status of related capital proiects.
Secs. 62-405-62-519. - Reserved."
q3 N
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
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