HomeMy WebLinkAboutLegislation SR(v3)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 NEW SECTIONS 62-644,62-645
AND 62-646 ENTITLED "NRD-1 PUBLIC BENEFITS TRUST FUND, INTENT
"ESTABLISHED" AND "FINANCIAL REPORT", RESPECTIVELY; 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
Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended; and
WHEREAS, unique conditions exist within the boundaries of the NRD-1 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 within the NRD-1 boundaries and the
development that has occurred under the previously 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 within the NRD-1 boundaries; and
WHEREAS, the City Commission authorizes an amendment to sections of Chapter 62 of the Code
of the City of Miami, Florida, as amended ("City Code"), establishing the NRD-1 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 Code of the City of Miami, Florida, as amended, is
amended in the following particulars: {1)
"CHAPTER 62
PLANNING AND ZONING
City of Miami Page I of 3 File Id: 15-00809 Olersi:on: 3) Printed On: 11110/2015
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Legislation
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Ordinance
File Number: 15-00809
Final Action. Date:
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 NEW SECTIONS 62-644,62-645
AND 62-646 ENTITLED "NRD-1 PUBLIC BENEFITS TRUST FUND, INTENT
"ESTABLISHED" AND "FINANCIAL REPORT", RESPECTIVELY; 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
Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended; and
WHEREAS, unique conditions exist within the boundaries of the NRD-1 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 within the NRD-1 boundaries and the
development that has occurred under the previously 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 within the NRD-1 boundaries; and
WHEREAS, the City Commission authorizes an amendment to sections of Chapter 62 of the Code
of the City of Miami, Florida, as amended ("City Code"), establishing the NRD-1 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 Code of the City of Miami, Florida, as amended, is
amended in the following particulars: {1)
"CHAPTER 62
PLANNING AND ZONING
City of Miami Page I of 3 File Id: 15-00809 Olersi:on: 3) Printed On: 11110/2015
File Number: 15-00809
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. 62-644. -62 649. Reserved.NRD-1 Public Benefits Trust Fund; Intent.
It is intended that the "NRD-1 Public Benefits Trust Fund" be established in order to collect cash
contributions made according to the NRD-1 as established in the Miami 21 Code, as amended, the
zoning ordinance of the City, to support reinvestment and supplement affordable/workforce housing
public parks and open space, and civic space or civil support space within the NRD-1 boundaries.
Sec.. 62-645. - Established.
(a)There is hereby established a trust fund to be entitled the "NRD-1 Public Benefits Trust Fund," into
which funds shall be deposited pursuant to this Article.
(b) Upon receipt of funds for any project within the NRD-1 boundaries, the City Department of Finance
shall deposit such funds into the NRD-1 Public Benefits Trust Fund.
(c) The Wynwood Business Improvement District ("BID") shall, through a five (5) member committee of
the BID to be formed on an annual basis each fiscal year, of which one (1) member shall be directly
appointed by the City Commissioner from District 5, one (1) member shall be directly appointed by the
City Commissioner from District 2, and three (3) members shall be appointed by the BID Board,
allocate within the NRD-1 boundaries funds collected for purposes consistent with Section 62-644.
Expenditure of funds and any actions in furtherance of the expenditure shall be consistent with the
powers and duties of the BID, comply with City procedures for the acquisition of goods and services,
and approved within the annual budget of the BID by he City Commission.
(d) A minimum of twenty-five percent (25%) of funds in the NRD-1 Public Benefits Trust Fund shall be
allocated towards affordable/workforce housing on an annual basis, and shall be expended pursuant
to guidelines and procedures established by the City Commission.
(e) The NRD-1 Public Benefits Trust Fund shall be established for a period of time commensurate with
the Wynwood 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 NRD-1
Public Benefits Trust Fund have been satisfied, and upon such finding, the NRD-1 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, as established in
Section 62-641 of the City Code.
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'
Sec. 62-647 - 62-649. Reserved.
City of Main 1 Page 2 of 3 File Id: 15-00809 (Version: 3) Printed On: 1111012015
File Number., 15-00809
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 thirty (30) days after final reading and adoption
thereof.{2}
APP OVED S TO FORM AND CORRECTNESS:
V TORIA M NDEZ
CITYATTORNEY
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.
Cite of Miam i Page 3 of 3 File Id: 15-00809 (Version: 3) Printed Ort: 11/10/2015