HomeMy WebLinkAboutOrdinanceCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 09-00649 Final Action Date: 6/11/2009
AN ORDINANCE OF THE MIAMI CITY COMMISSION IMPLEMENTING THE FINAL
ORDER OF THE STATE OF FLORIDA GOVERNOR AND CABINET SITTING AS
THE ADMINISTRATION COMMISSION ENTERED IN THE VIZCAYANS, INC. ET AL.
VS THE CITY OF MIAMI AND TRG-MH VENTURE, LTD., AC CASE NO.
ACC-08-004, DOAH CASE NOS. 07-2498 GM AND 07-2499 GM, DATED MARCH
31, 2009; RESCINDING ORDINANCE NO. 12911 ADOPTED BY THE CITY
COMMISSION OF THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, after notice of a public hearing having been submitted and filed with the City of Miami
("City") for a change of land use, a public hearing was held before the City Commission on April 26,
2007, at which all interested persons were afforded the opportunity to be heard; and
WHEREAS, on April 26, 2007, the City Commission adopted Ordinance No. 12911 ("Ordinance
No. 12911") which changed the future land use designation on the Future Land Use Map of the City
of Miami Comprehensive Neighborhood Plan ("FLUM") for an approximate 6.72-acre parcel of land in
the City described in Ordinance No. 12911; and
WHEREAS, Ordinance No. 12911 changed the FLUM designation of said land from Major
Institutional, Public Facilities, Transportation and Utilities ("Major Institutional") to High Density
Multifamily Residential ("H/D Residential"); and
WHEREAS various parties at interest filed petitions (the "Administrative Challenges") with the
Florida Department of Administrative Hearings, challenging Ordinance No. 12911 and its purported
amendment to the FLUM; and
WHEREAS, the City, through its Law Department and other counsel, contested the Administrative
Challenges and defended Ordinance No. 12911 and its purported amendment to the FLUM; and
WHEREAS, On March 31, 2009, the Florida Governor and Cabinet, acting in the capacity of the
Administration Commission entered a Final Order in the Administrative Challenges and concluded:
"Upon review of the record, the Recommended Order and the Supplement, and after
considering the parties' exceptions thereto, the Commission further determines that the FLUM
Amendment adopted by City of Miami Ordinance 12911 is "not incompliance" as defined by section
163.3184(1)(b), Florida Statutes. In accordance with Section 163.3189(2)(b), Florida Statutes, the
Commission directs the City of Miami to adopt the following remedial measures: 1) rescind City of
Miami Ordinance 12911; and 2) provide a report to the Commission on the status of Ordinance 12911
within 45 days of this Final Order;"
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami Page 1 of 3 File Id: 09-00649 (Version: 1) Printed On: 9/24/2024
File Number: 09-00649
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. The City Commission, upon consideration of the March 31, 2009 Order of the
Administration Commission, finds and concludes that:
a: Ordinance No. 12911 is hereby rescinded and shall be of no force and effect for any or all
purposes.
b. The City Clerk is hereby directed to reflect in the records of the City of Miami the rescission of
Ordinance No. 12911, and any notations to the effect of such rescission made by the City Clerk are
hereby approved.
c: The Law Department is hereby directed to provide a report or subsequent report to the
Administration Commission of the action of the City Commission rescinding Ordinance 12911.
d: The City Manager or his designee is hereby directed to enter into the records of the City of Miami
the act of the City Commission rescinding Ordinance No. 12911 and to cause the FLUM designation
of the approximate 6.72-acre tract described in Ordinance No. 12911 to be designated as Major
Institutional.
Section 3. It is the intention of the City Commission that each provision hereof be considered
severable, and that the invalidity of any provision of this Ordinance shall not affect the validity of any
other portion of this Ordinance.
Section 4. All rights, actions, proceedings of the City, including the City Commissioners, the
City Manger, or any of its departments, boards or officers undertaken pursuant to the existing Code
provisions, shall be enforced, continued or completed, in all respects, as though begun or executed
hereunder.
Section 5. If any section, part of section, paragraph, clause, phrase or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.{1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
City of Miami Page 2 of 3 File Id: 09-00649 (Version: 1) Printed On: 9/24/2024
File Number: 09-00649
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
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 3 of 3 File Id: 09-00649 (Version: 1) Printed On: 9/24/2024