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Ordinance
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Miami, FL 33133
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File Number: 14-00638 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMINISTRATION/ DEPARTMENTS/PLANNING,
BUILDING AND ZONING DEPARTMENT", MORE PARTICULARLY BY CREATING A
NEW SECTION 2-213, ENTITLED "PILOT PROGRAM FOR DISTRESSED
DEVELOPMENT SITES", CREATING AND IMPLEMENTING A PROCESS FOR
RENEWING AND EXTENDING CERTAIN PREVIOUSLY APPROVED
DEVELOPMENT ORDERS FOR A PERIOD OF TWO (2) YEARS; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
WHEREAS, .many properties in the City of Miami ("City") have gone into foreclosure and
subsequent protracted bankruptcy proceedings; and
WHEREAS, such bankruptcy proceedings have had the unintended consequence of restricting the
development of subject properties by bona fide third party purchasers; and
WHEREAS, the Bankruptcy Code Section 363 provides for the sale of properties in good faith to
third parties not affiliated with the property owner; and
WHEREAS, extending development orders will encourage bona fide third party purchasers to
• purchase properties in protracted bankruptcy proceedings for the purpose of redevelopment; and
WHEREAS, the Florida Building Code tolls the term of building permits where development is
halted on a property due to judicial injunction, order or similar process; and
WHEREAS, the City wishes to encourage continued economic development in the aftermath of the
economic downturn through the creation of a pilot program; and
WHEREAS, the City Commission finds that allowing additional time for the holders of development
orders to exercise their rights pursuant to duly approved development orders will encourage continued
economic growth in the City;
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 fully set forth in this Section.
Section 2. Chapter 2/Article IV/Division 2 of the Code of the City of Miami, Florida as amended, is
further amended as follows: {1}
"CHAPTER 2
City of Miami
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File Number: 14-00638 •
ADMINISTRATION
* * *
ARTICLE IV. DEPARTMENTS
DIVISION 2. PLANNING, BUILDING AND ZONING DEPARTMENT
Sec. 2-213 230. Reserved. Pilot Program for Distressed Development Sites.
(a) Intent. In order to encourage continued economic development in the aftermath of the recent
economic downturn, the following pilot program is instituted for a period of two (2) years and will
automatically terminate on August 1, 2016, unless otherwise extended by affirmative vote of the City
Commission. To the extent that any regulations or requirements in the City Code or the zoning
ordinance conflict with the provisions of this Section, Section 2-213 shall apply.
Expiration of Development Orders Tolled. All development orders (as currently defined in Chapter
380 of the Florida Statutes) issued by the City with an expiration date between September 1, 2008
through January 1, 2014, and thatauthorized work on a property that was the subject of a bankruptcy
proceeding during said period, are extended and renewed for a period of two (2) years from the date
of the Bankruptcy Court Order authorizing the sale of the property pursuant to 11 U.S.C. Section 363.
,( Notice Required. The holder of a development order that is eligible for the two-year extension
provided in subparagraph (b) above must notify the City's Planning and Zoning Department with a
copy to the CityAttorney's Office in writing by December 31, 2014. Said notification must:
1. Identify and provide a copy of the development order and any related site plan or development
plans;
2. Identify the style, case number, and court of the bankruptcy dispute or foreclosure litigation
involving the development property;
3. Provide a copy of the Bankruptcy Court Order authorizing the sale of the property pursuant to 11
U.S.C. Section 363;
4. Indicate the basis for the permit holder's interest in the development order (for example, by
providing a deed of record or other proof of ownership of the subject -development property); and
5. Identify the anticipated timeframe for acting on the development order.
(d) Applicable Rules. Development orders extended under this Section shall continue to be governed
by rules in effect at the time the development order was issued, except if it is demonstrated that the
rules in effect at the time of issuance would create an immediate threat to public safety or health. This
subsection applies to any modification of the plans, terms, and conditions of the development order
that lessens the environmental impact. Development orders extended under this Section shall require
the approval of a development agreement which shall include the timeframe within whichconstruction
must commence, and public benefits voluntarily proffered for affordable/workforce housing, Public
Parks and Open Space, Green Buildings, Brownfields, and Civic Space or Civil Support space. Any
modification to a development order extended under this section shall be amended in accordance with
City of Miami Page 2 of 3 File Id: 19-00638 (Version: 1) Printed On: 6/30/2014
File Number, 14-00638
the requirements set forth in Miami 21 Section 7.1.3.5(d}.
(el Property Maintenance. This section does not impair the authority of the City to require that the
property owner or the holder of a subject development order maintain and secure the property in a
safe and sanitary condition in compliance with all applicable laws and ordinances.
Secs. 2-214-2-23Q. Reserved.
*
*II
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.
Sectip') This Ordinance shall become effective immediately after final reading and adoption
thereof. {2 /
APPR ED 'S 1'O FO'• M AND 6ORRECTNESS
VICTORI''ENDE
CITY ATTORNEY
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
indicated omitted and unchanged materials.
{2} 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 state herein, whichever is later.
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