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HomeMy WebLinkAboutLegislation SR (v2) 9-24-15City Hall City of Miami 3500 Pan American Drive xee,Fe aNa,u Legislation Miami, FL 33133 www.miamigov.com Ordinance File Number: 15-00809 Final Action Bate: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING PUBLIC BENEFITS TRUST FUND," MORE PARTICULARLY BY CREATING A NEW SECTION ENTITLED "WYNWOOD PUBLIC BENEFITS TRUST FUND"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") established a trust fund entitled the "Public Benefits Trust Fund", into which funds are collected from payments through the Public Benefits Program under the City's Zoning Ordinance, Miami 21; and WHEREAS, the Wynwood District is experiencing unique conditions, including a lack of parks, open space and civic space and a lack of public land that is available to be developed or dedicated by the City for such purposes; and WHEREAS, currently there is very little development in Wynwood and the development that is occurring under the existing zoning regulations has generated no revenue from the Public Benefits Program; and WHEREAS, the City seeks to encourage reinvestment in infrastructure and seeks other creative solutions to create parks, open space, civic space, and civil support uses to allow for and facilitate new residential uses in Wynwood; and WHEREAS, the City Commission authorizes an amendment to sections of Chapter 62 in the Code of Ordinances of the City of Miami, Florida, as amended ("City Code"), establishing the Wynwood Public Benefits Trust Fund, as set forth and more particularly described below; and 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 62/Article XIV of the City Code, is amended in the following particulars: {1) "CHAPTER 62 PLANNING AND ZONING ARTICLE XIV. PUBLIC BENEFITS TRUST FUND City of Mia ini Page I of 3 File Id. 15-00509 (Persion: 2) Printed On: 911412015 File Number: 15-00809 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. 62-644 62 649. Meson%_Wvnwood Public Benefits Trust Fund. It is intended that the "Wvnwood Public Benefits Trust Fund" be established in order to collect cash contributions made according to the Wynwood NRD-1, to support reinvestment into a neighborhood revitalization district and supplement affordable/workforce housing, public parks and open space. and civic space or civil support space shortfalls. Sec. 62-645. Established. (a)There is hereby established a trust fund to be entitled the 'Wvnwood Public Benefits Trust Fund," into which funds shall be deposited purst�etnt to this article. (b) Upon receipt of funds for any proiect within the boundaries of the Wvnwood NRD-1, the City Department of Finance shall deposit such funds into the Wvnwood Public Benefits Trust Fund. (c) The Wvnwood Business Improvement District ("BID") shall annually allocate funds collected for purposes consistent with Section 62-644, within the BID boundaries, including the following_ (1) affordable/workforce housing expenditures pursuant to those guidelines adopted by the city commission. (2) acquisition of fee simple, lease, or other interest in land, and other real property for parks, open space, civic space or civil support space; (3) construct, maintain, operate, manage or provide funds for improvements for parks, open space, civic space or civil support space that is open to the general public; and (4) perform such other related activities as may be appropriate to carryout the intent of this section. (d) The Wvnwood Public Benefits Trust Fund shall be established for a period of time commensurate with the Wvnwood Business Improvement District as set forth in Section 2-1316, and thereafter shall be reviewed by the City Commission every five (5) years to determine whether the purposes of the Wvnwood Public Benefits Trust Fund have been satisfied, and upon such finding, the Wvnwood Public Benefits Trust Fund shall sunset and any funds to be collected and allocated, pursuant to this article and according to the Miami 21 Code, shall revert to the Public Benefits Trust Fund, Sec. 62-646. - Financial report. Administration of and a financial report on trust fund receipts and expenditures shall be prepared annually at the close of the fiscal year by the BID for review and approval by the city commission prior to filing with the City Clerk. 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 may be made a part of the Code of Ordinances of the City of Miami, Florida, which City of Miand Page 2 of 3 File Id. 15-00809 (Version: 2) Panted On: 9/14/2015 File Number., 15-00809 provisions may be renumbered or relettered and that the word 'ordinance" may be changes 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 MEND C ITY ATTORN 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 (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 Miand Page 3 of 3 File Id. 15-00809 01'ersion: 2) Printed On: 911412015