The URL can be used to link to this page

Home My WebLink AboutLegislation-SUB-(v2)INCORRECT VERSION 2 I s -oU09 - L(V a) �.� e ry I s -oU09 - L(V a) w Miami City of M 0 am i City Hall 3500 Pan American �4 it Drive p ,R.y Psi f-0 IN Legislation g Miami Fl- 33133 www.miamigov.com 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 I 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 3Xiarni Page 1 of 3 File Id: 15-00509 (!Version: 2) Printed On: 111512015 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. ReseF ed.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 f 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 prosect within the NRD-1 boundaries, the City Department of Finance shall deposit such funds into the NRD-1 Public Benefits Trust Fund. (c) The Wvnwood 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 the 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 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 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. Oty of A2ianti Page 2 of 3 File Id: 15-00809 (Version.: 2) Printed On: 111512015 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} APPR�VED AS TO FORM AND CORRECTNESS: VICTORIA MgND CITYATTOR 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. 00i of Miami Page 3 of 3 File Id. 15-00809 (Jlersioin 2) Pritrted Oji: 1115/2015 ; Cit of i City Hall Y Miami 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com `m. 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 "Pub' Benefits Trust Fund", into which funds are collected from payments through the Public Benefits rogram under the Miami 21 Code, the Zoning Ordinance of the City of /support orida, as amend ; and WHEREAS, unique conditions exist within the boof the NRD- ncluding a lack of parks, open space and civic space and a lack of public landvailable to developed or dedicated by the City for such purposes; and WHEREAS, currently there is very little developn th RD -1 boundaries and the development that has occurred under the previouslyo g regulations has generated no revenue from the Public Benefits Program; and WHEREAS, the City seeks to encourage reinvesinfrastructure and seeks other creative solutions to create parks, open space, civic space, apport uses to allow for and facilitate new residential uses within the NRD-1 boundaries; and WHEREAS, the City Commission authorizes n amendment to sections of Chapter 62 of the Code of the City of Miami, Florida, as amended ("Ci Code"), establishing the NRD-1 Public Benefits Trust Fund, as set forth and more particularly de Ibed below; and NOW, THEREFORE, BE IT ORD AJyQ�D BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: � Section 1. The recitals and fj�dings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set for in this section. Section 2. Chapter 6 Article XIV of the Code of the City of Miami, Florida, as amended, is amended in the follovZg particulars: {1 } "CHAPTER 62 PLANNING AND ZONING City ofAflanri Page I of 3 File Id: 15-00809 (Mersion: 2) Panted On. 111512015 Re 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 th ash contributions made according to the Miami 21 Code, as amended, the zoning ordinaze of the city, to supplement affordable/workforce housing, public parks and open space, and gree uiiding certification shortfalls. Sec. 62-644. - 62 649, Re6erved.NRD-1 Public Benefits Trust Fund: Int t. It is intended that the "NRD-1 Public Benefits Trust Fund" be establis -in order to collect. cash contributions made according to the NRD-1 as established in the Mi i 21 Code as amended the zoning ordinance of the City, to support reinvestment and supolerrAt affordabl.e/workforce housing public parks and open space, and civics ace or civil support sp@fe within the NRD-1 boundaries. Sec. 62-645. -Established. (a)There is hereby established a trust fund to be entitled t"NRD-1 Public Benefits Trust Fund " into which funds shall be deposited pursuant to this Article. (b) Upon receipt of funds for anv project within the NRUrl boundaries. the Citv Deoartment of Financ r from District 2, an NRD-1 boundaries /-ITi1n, ii Public Benefits Trust F Trust. Fund shall sunsE accordina to the MlauO Section 62-641 of e Sec. 62-646. - anci Administratio of and,, annually at e close c to filing wf the Cit C Ccr F,-Rd7 - F7_F,dO rce 25% of fun( rkJrce housina on satis to b 1.9 shall be co Fu OF City of Miarrri Page 2 of 3 File Id: 15-00809 (flersiorr: 2) Primed On: 111512015 File Number; 15-00809 Section 3. If any section, part of a section, paragraph, clause„ phrase, or word of /Ordinadeclared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final readin thereof.{2} APPROVED AS TO FORMAND CORRECTNESS: U vim� c- VIC ORIA M NDEZ'�.� ' CITYATTOR EY I Footnotes: I i fl} Words and/or figures stricken through shall be delet Underscored words and/or figures shall be added. The remaining provisions are now in effect an emain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as s cified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and ad ted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon overrid f the veto by the City Commission or upon the effective date stated herein, whichever is later. CIO, of 1111aami Page 3 of 3 File Id: I5-00809 (llersiorr: 2) Printed On: 111512015