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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-01212 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 MODIFYING SECTION
2-213, ENTITLED "PILOT PROGRAM FOR DISTRESSED DEVELOPMENT SITES",
REACTIVATING THE PILOT PROGRAM FOR EXTENDING CERTAIN PREVIOUSLY
APPROVED DEVELOPMENT ORDERS UNTIL A DATE CERTAIN; 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, Section 363 of Title 11 of the United States Code, commonly referred to as the
Bankruptcy Code, 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 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
ADMINISTRATION
City of Miami
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File Number: 16-01212
ARTICLE IV. DEPARTMENTS
*
DIVISION 2. PLANNING, BUILDING AND ZONING DEPARTMENT
Sec. 2-213. - 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 one year and will
automatically terminate on August 1, 20-1-52017, 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.
(b) Expiration of development orders tolled. All development orders (as currently defined in F.S.
ch. 380) issued by the city with an expiration date between September 1, 2008 through January
1, 2014, and that authorized work on a property that was the subject of a bankruptcy
proceeding during said period, are extended and renewed fora period of one dear from the
Section 363 until August 1, 2017.
(c) Notice required. The holder of a development order that is eligible for the one year extension
provided in subsection (b) above must notify the city's planning and zoning department with a
copy to the city attorney's office in writing by December 31, 28-1-42016. 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 which construction 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, and modifications to the
facade or portion of the development project along a Frontage Line to alter the design of the
development project to be more in conformity with the Miami 21 Code, the Zoning Ordinance of
the City of Miami, Florida ("Miami 21"). Any modification to a development order extended
under this section shall be amended in accordance with the requirements set forth in Miami 21
Section 7.1.3.5(d).
(e) Property maintenance. This section does not impair the authority of the city to require that the
City of Miami Page 2 of 3 File Id: 16-01212 (Version: 1) Printed On: 9/12/2016
File Number: 16-01212
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.
* *„
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.
Sectio 4. This Ordinance shall become effective immediately after final reading and adoption
thereof. {2` "
APPI OVED`AS TO FORM AND CORRECTNESS:
C
TORIA MEIDEZ
Y ATTORII'(E,1
Footnots :
{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.
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