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HomeMy WebLinkAboutLegislation FR/SRFile Number: 15-00806 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 21 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD," MORE PARTICULARLY BY AMENDING POWERS AND DUTIES OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD AND CREATING A NEW SECTION ENTITLED "WYNWOOD DESIGN REVIEW COMMITTEE"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") established the Wynwood Business Improvement District ("BID") in 2013 to improve and strengthen the area known as the Wynwood Arts District as more particularly described in Resolution No. 13-0228 adopted June 13, 2013 through promotion, management, marketing, and other similar services, including, but not limited to, coordination, funding, implementation and maintenance of infrastructure improvements, and other projects; and WHEREAS, the area of Wynwood is experiencing a transition from a former industrial district to a mixed-use district with an increase in retail and other commercial establishments and increasing pedestrian activity; and WHEREAS, the BID Board has worked closely with the City's Department of Planning on planning and zoning policies that are beneficial to Wynwood; and WHEREAS, the Wynwood Neighborhood Revitalization District (NRD-1) encourages and facilitates new mixed-use development, including residential and commercial uses while retaining legacy structures that have contributed to the evolution of Wynwood, and recognizes that characteristics of these legacy structures are valuable to the aesthetic of Wynwood; and WHEREAS, the BID Board has recognized that the unique aesthetic characteristics of existing buildings in the area and the prevalence of street art has been and continues to be an integral part of the success of area businesses and an attraction to visitors; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this section. Section 2. Chapter 2/Article XI/Division 21 of the City Code, is amended in the following particulars: {1} "CHAPTER 2 City of Miami Page 1 of 4 File 1& 15-00806 (Version: 1) Printed On: 7/9/2015 City of Miami iY� City Hall 3500 Pan American Drive e'*IiwcoryP „„GrE„ *” �, ' Legislation Miami, FL 33133 w .miamigov.com w✓ Ordinance File Number: 15-00806 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 21 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD," MORE PARTICULARLY BY AMENDING POWERS AND DUTIES OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD AND CREATING A NEW SECTION ENTITLED "WYNWOOD DESIGN REVIEW COMMITTEE"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") established the Wynwood Business Improvement District ("BID") in 2013 to improve and strengthen the area known as the Wynwood Arts District as more particularly described in Resolution No. 13-0228 adopted June 13, 2013 through promotion, management, marketing, and other similar services, including, but not limited to, coordination, funding, implementation and maintenance of infrastructure improvements, and other projects; and WHEREAS, the area of Wynwood is experiencing a transition from a former industrial district to a mixed-use district with an increase in retail and other commercial establishments and increasing pedestrian activity; and WHEREAS, the BID Board has worked closely with the City's Department of Planning on planning and zoning policies that are beneficial to Wynwood; and WHEREAS, the Wynwood Neighborhood Revitalization District (NRD-1) encourages and facilitates new mixed-use development, including residential and commercial uses while retaining legacy structures that have contributed to the evolution of Wynwood, and recognizes that characteristics of these legacy structures are valuable to the aesthetic of Wynwood; and WHEREAS, the BID Board has recognized that the unique aesthetic characteristics of existing buildings in the area and the prevalence of street art has been and continues to be an integral part of the success of area businesses and an attraction to visitors; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this section. Section 2. Chapter 2/Article XI/Division 21 of the City Code, is amended in the following particulars: {1} "CHAPTER 2 City of Miami Page 1 of 4 File 1& 15-00806 (Version: 1) Printed On: 7/9/2015 File Number.' 15-00806 ADMINISTRATION ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 21. WYNWOOD BUSINESS IMPROVEMENT DISTRICT Sec. 2-1317. Composition of board; terms, filling of vacancies. (e) The BID board shall have the power to establish committees and appoint the members to the various committees, consistent with any standards for standing committees provided for explicitly in sections herein. Sec. 2-1321. Powers and duties. (a) The BID board shall have the power to: (1) Subject to City Commission approval, which approval shall not be unreasonably withheld, appoint an executive director and fix the terms of engagement and compensation of the executive director. (2) Prepare an annual budget to be presented to the City Commission for approval. (3) Plan, propose, and implement programs and services for the purpose of stabilizing and improving the BID through promotion, management, marketing, and other similar services, such as streetscape improvements, open space and parking programs. (4) Plan and propose to the city and the city commission, within the area, land use and zoning policies, public improvements, including but not limited to renovation, repair, remodeling, reconstruction or other changes in existing buildings and streetscape which in the opinion of the BID board will aid in the economic growth of the area. Sec. 2-1329. Wvnwood Design Review Committee. (a) Establishment. There is hereby established a standing committee of the BID, to be known as the Wvnwood Design Review Committee ("WDRC"), for the purpose of recommending to the Director of Planning and Zoning and the Urban Development Review Board ("UDRB"), pursuant to the Wynwood NRD-1 and Miami 21, the Zoninq Ordinance of the City, as amended or superseded, whether the design of developments and/or improvements to properties within the boundaries of the Wynwood NRD-1 are compatible with the cultural and architectural character of the Wvnwood Arts District and quidelines that may be adopted from time to time. (b) Membership (1) Composition; appointment. The WDRC shall consist of seven (7) members and one (1) alternate, to be appointed by the BID board, or any successor body designated b the he City Commission. (2) Qualifications. It is intended that members of the WDRC shall be persons of experience, mature judgment and background; having knowledge of the Wynwood Arts District: and having the ability, special professional training and interest to act in the public interest in order to make informed and equitable decisions concerning art, architecture, urban, physical and site design for developments City of Miami Page 2 of 4 File Id: 15-00506 (Version: 1) Printed On: 7/9/2015 File Number.' 15-00806 within the Wynwood NRD.-1 boundaries. To that end, qualifications of members shall be as follows: BID Members: At least three (3) members shall be individuals who are members of the BID. Each member shall have been livinq or working within the Wvnwood NRD-1 boundaries for at least two (2) years. ii Professional Members: Two (2) members shall be professionals, licensed by the State of Florida (or professional equivalent) as an architect, Landscape architect, urban designer, planner, engineer, general contractor or attorney. Each member shall have been living or working in the City for at Least two (2) years. NO Tenant/Cultural Member: Two (2) members shall be a tenant with an active lease within the Wynwood NRD-1 boundaries, artist, or cultural institution representative. (iv) Alternate: The alternate member shall satisfy the qualifications set forth either in subsection (2) (i) or (ii) above. Lv,During the qualification process, members of the BID shall be encouraged to submit names of persons and their qualifications to the BID board through the BID's Executive Director. (3) Terms of office. Members of the WDRC shall be appointed to the following terms. Two (2) of the BID Members, one (1) of the Professional Members, and one (1) of the Tenant/Cultural Members shall be appointed for an initial term of one (1) year. All other appointments to the WDRC thereafter shall be for a term of one (1) year. Notwithstanding the above, individual WDRC members may serve until his/her successor is appointed. (4) Vacancies. Vacancies in the membership of the WDRC shall be filled by the BID board, and shall be only for the unexpired term of the member affected. (5) Removal. Members of the WDRC may be removed with or without cause by vote of not less than three (3) members of the BID board: however, any member or alternate member of the WDRC who fails to comply with the attendance requirements contained in Section 2-886 of the City Code shall be automatically removed in the manner prescribed under Section 2-889 of the City Code. Following said removal, the BID board shall fill the vacancy pursuant to subsection (4) above. (c) Functions, powers and duties generally. In addition to such other powers, duties and authority as may be set forth elsewhere in this City Code and in the Zoning Ordinance, the WDRC is hereby authorized to: (1) Review and recommend to the Director of Planning and Zoning for approval, approval with conditions or disapproval of all applications within the Wynwood NRD-1 boundaries for which the WDRC is specifically designated for such role. Said review shall be pursuant to City guidelines and standards or such design guides contained in the requirements of the applicable zoning district text, Wynwood NRD-1, and any design guides adopted by the BID from time to time. (2) Require submission to the WDRC of all information as may be reasonably necessary for the WDRC to evaluate completely the proposed structure of improvement. LQ To recommend, from time to time, to the Director of Planning and Zoning amendments to the City guides and standards applicable to the Wynwood Arts District. (4) Adopt and amend rules of procedure. Where the UDRB has jurisdiction to review projects, review and recommend to the Urban Design Review Board ("UDRB") such projects for approval, approval with conditions, or disapproval, with reasons for such recommendation stated in writing. ,(6) In conformity with Chapter 10 of the City Code, and other applicable regulations, recommend, Legislation for security screens and shutters in the Wynwood Arts District. (d) Proceedings. The WDRC shall meet at least once each month, except for August, and all meetings shall be open to the public. The WDRC shall establish rules of procedure necessary to its governing and the conduct of its affairs, in keeping with the applicable provisions of the City Charter and City Code. Such rules of procedure shall be available in written form to persons appearing before the WDRC and to the public upon request. The WDRC shall not defer or continue an item before City of Miami Page 3 of 4 Tile Id: 15-00806 (Version: 1) Printed On: 71912015 File Number: 15-00806 taking affirmative action to recommend approval, approval with conditions or disapproval, unless requested by an applicant or the Director of Planning and Zoning_ (e) Voting quorum. All decisions and recommendations of the WDRC shall require a concurring vote of a majority of the members present, except if the WDRC's action results in a tie vote, and there are no further motions put forth, the recommendation to the Director of Planning and Zoning or UDRB, as applicable, shall reflect a tie vote. Three (3) members shall constitute a quorum. * * * * *11 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. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MLNDEZ. CITY ATTORNEY 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 an unchanged 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 Page 4 of 4 File Id. 15-00806 (version: 1) Printed On: 7/9/2015