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File ID: #1101
Ordinance
First Reading
Sponsored by: Tomas Regalado
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.
City of Miami File ID: 1101 (Revision:) Printed On: 9/9/2024
City of Miami
Legislation
Ordinance
File Number: 1101
Final Action Date: 12/8/2016
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:
"CHAPTER 2
ADMINISTRATION
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.
City of Miami File ID: 1101 (Revision:) Printed On: 9/9/2024
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, 20152017, 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 for a period of
pursuant to 11 U.S.C. 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, 201/12016.
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 property owner or the holder of a subject development order maintain and
City of Miami File ID: 1101 (Revision:) Printed On: 9/9/2024
secure the property in a safe and sanitary condition in compliance with all applicable
laws and ordinances.
*11
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 immediately after final reading and
adoption thereof. 2
APPROVED AS TO FORM AND CORRECTNESS:
ende" z, City Attor ey 10/1772016
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.
City of Miami File ID: 1101 (Revision:) Printed On: 9/9/2024