HomeMy WebLinkAboutO-14009City of Miami
4 Legislation
Ordinance: 14009
File Number: 9047
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/10/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
REPEALING ORDINANCE NO. 13782, IMPROPERLY ADOPTED BY SMALL-
SCALE AMENDMENT PROCEDURES PURSUANT TO SECTION 163.3187,
FLORIDA STATUTES, ON JULY 26, 2018, AS PROVIDED IN EXHIBIT "A",
ATTACHED AND INCORPORATED, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission adopted Ordinance No.13782 on July 26, 2018
("Legislation"); and
WHEREAS, the Legislation intended to amend the Miami Comprehensive Neighborhood
Plan ("MCNP") by adding Policy LU-2.3.3, stating "[t]he City will encourage future historic
designations through the implementation of a program permitting historically designated sites or
certain non-contributing resources to transfer unused residential density to certain properties
within a 3/4 mile of a rapid transit station, using revenue from the transfer for rehabilitation and
maintenance of the historic site"; and
WHEREAS, the City failed to transmit the Legislation through the Expedited State
Review process as required by Section 163.3184, Florida Statutes, thereby rendering the
Legislation not compliant; and
WHEREAS, further analysis has shown that the Legislation is not necessary because
the policy is already implemented through other existing goals, objectives, and policies in the
MCNP and through provisions in the Code of the City of Miami, Florida; and
WHEREAS, it has been determined that since the transfer of residential density is
authorized without requiring this legislation, it is appropriate to repeal the Legislation; and
WHEREAS, the repeal of the Legislation will prevent future uncertainty as to why the
policy it promulgates is not incorporated into the MCNP; and
WHEREAS, the Planning Director has withdrawn the amendment from state review and
this withdrawal has been acknowledged by the State Land Planning Agency;
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 if fully set forth in this Section.
Section 2. The City Commission hereby repeals the Legislation noting that Policy LU-
2.3.3, stating "[t]he City will encourage future historic designations through the implementation
of a program permitting historically designated sites or certain non-contributing resources to
City of Miami Page 1 of 2 File ID: 9047 (Revision:) Printed On: 6/23/2021
File ID: 9047 Enactment Number: 14009
transfer unused residential density to certain properties within a 3/4 mile of a rapid transit station,
using revenue from the transfer for rehabilitation and maintenance of the historic site," was
never added to the MCNP because the Legislation failed to comply with Section 163.3184,
Florida Statutes, which required the transmittal of the amendment through the Expedited State
Review process.
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 after approval at second
reading.'
APPROVED AS TO FORM AND CORRECTNESS
1
i ria i "ndez, ity ttor ey 5/18/2021
' 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 2 of 2 File ID: 9047 (Revision:) Printed on: 6/23/2021