Miami-Dade Legislative Item
File Number: 043394
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File Number: 043394 File Type: Ordinance Status: Deferred in Committee
Version: 0 Reference: Control: Infrastructure and Land Use Committee
File Name: INC AND ANNEX: AREAS OR FACILITIES OF COUNTYWIDE SIGNIFICANC Introduced: 12/7/2004
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 7
Notes: TLL- 12/7/04 Title: ORDINANCE RELATING TO ANNEXATION AND INCORPORATION; IDENTIFYING LOCATIONS IN UNINCORPORATED MIAMI-DADE COUNTY WHICH ARE ''AREAS OR FACILITIES OF COUNTYWIDE SIGNIFICANCE''; REQUIRING THE COUNTY TO RETAIN REGULATORY CONTROL OVER AREAS AND FACILITIES OF COUNTYWIDE SIGNIFICANCE; REQUIRING CHARTERS OF NEW MUNICIPALITIES TO CONTAIN SUCH PROVISIONS AS A CONDITION OF INCORPORATION; PROVIDING DEFINITIONS AND APPLICABILITY; CREATING SECTION 20-8.6 AND SECTION 20-28 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: COUNTYWIDE
  INCORPORATION
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Joe A. Martinez, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Infrastructure and Land Use Committee 6/14/2005 3B Amended
REPORT: (See Agenda Item 3B Amended, Legislative File Number 051913, for amended version.)

Clerk of the Board 5/10/2005 Scheduled for a public hearing Infrastructure and Land Use Committee 6/14/2005

Infrastructure and Land Use Committee 5/10/2005 3E Deferred P
REPORT: Chairwoman Seijas noted that the background information outlined in the County Manager’s memorandum for the foregoing proposed ordinance needed to be updated. Therefore, the foregoing ordinance would be deferred. During consideration of changes to today's agenda, the Committee deferred the foregoing proposed ordinance to no date certain.

County Attorney 3/10/2005 Referred Infrastructure and Land Use Committee 5/10/2005

County Attorney 1/12/2005 Assigned Infrastructure and Land Use Committee 3/8/2005

Board of County Commissioners 12/14/2004 Scheduled for a public hearing Budget and Finance Committee 2/9/2005

Board of County Commissioners 12/14/2004 13O Adopted on first reading 2/9/2005 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Budget and Finance Committee on February 9, 2005 at 9:30 a.m.

County Attorney 12/7/2004 Assigned Craig H. Coller 12/7/2004

County Manager 12/7/2004 Referred Budget and Finance Committee 2/9/2005

County Manager 12/7/2004 Assigned County Attorney 12/14/2004
REPORT: OSBM (PH 1/13/05 B&F CMTE; 2ND RDG 1/20/05)

County Manager 12/7/2004 Assigned Joe Ruiz 12/7/2004

Legislative Text


TITLE
ORDINANCE RELATING TO ANNEXATION AND INCORPORATION; IDENTIFYING LOCATIONS IN UNINCORPORATED MIAMI-DADE COUNTY WHICH ARE "AREAS OR FACILITIES OF COUNTYWIDE SIGNIFICANCE"; REQUIRING THE COUNTY TO RETAIN REGULATORY CONTROL OVER AREAS AND FACILITIES OF COUNTYWIDE SIGNIFICANCE; REQUIRING CHARTERS OF NEW MUNICIPALITIES TO CONTAIN SUCH PROVISIONS AS A CONDITION OF INCORPORATION; PROVIDING DEFINITIONS AND APPLICABILITY; CREATING SECTION 20-8.6 AND SECTION 20-28 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, significant County facilities within the unincorporated area have heretofore been under the exclusive regulatory control of the County; and
WHEREAS, Miami-Dade County has embarked on a series of annexations and incorporations; and
WHEREAS, continued incorporations and annexations without providing for County jurisdiction over facilities or areas of countywide significance will place many of these facilities within the boundaries of municipalities and potentially subject them to a patchwork of regulations; and
WHEREAS, Section 1.01(1) of the Miami-Dade County Home Rule Charter states that the Board of County Commissioners shall have power to carry on a central metropolitan government, which includes the provision of infrastructure, recreational and cultural facilities and municipal services; and
WHEREAS, in order to ensure that significant County facilities and other significant areas of countywide significance are planned, operated and maintained to provide services to its citizens in a coordinated and integrated manner, the Board finds that it must formally establish a requirement that the County retain exclusive regulatory authority over such facilities,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The foregoing recitations area hereby incorporated into this Ordinance.
Section 2. Section 20-8.6 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
Sec. 20-8.6 Areas and Facilities of Countywide Significance.

(a) Definition.

"Areas and Facilities of Countywide Significance" consist of any private or public lands, including surface, subsurface, and appurtenant airspace and improvements thereupon, located in unincorporated Miami-Dade County as of the date of this ordinance that are deemed necessary by the Board of County Commissioners for the coordinated use of lands, development and service delivery within the County to promote the health, safety, order, convenience, prosperity, and welfare of the current and future residents and tourists of this County.

(b) Designation.

The Board of County Commissioners hereby designates each of the following lands listed on Exhibit A, as an "Area or Facility of Countywide Significance". Any future designation of lands as an Area or Facility of Countywide Significance may be made by resolution of the Board of County Commissioners, upon a finding that:

1) The area or facility is susceptible to substantial change and development that will detrimentally affect the facility or land;

2) There is a need for the continued, unimpaired functioning of the area or facility by the greater community and;

3) The service provided at or by the area or facility, or at a combination of areas or facilities, is a significant resource to the greater community.

If the Board of County Commissioners determines that an area or facility no longer meets the definition of an "Area or Facility of Countywide Significance" as defined herein, the Commission, by resolution, may relinquish regulatory control to the municipality in which such area or facilities are located.

(c) Regulatory Jurisdiction Over Areas or Facilities of Countywide Significance Reserved to the County.

Jurisdiction for purposes of comprehensive planning, zoning and building approvals (including but not limited to land use, site plan approvals, issuance of building permits, building inspections, issuance of certificates of occupancy, zoning applications, special exceptions, variances, building or zoning moratoria, and all other types of functions typically performed by the departments responsible for building, planning and/or zoning), water and sewer installations, compliance with environmental regulations, and utility regulation shall be and are hereby vested in Miami-Dade County regardless of any municipal code, charter, or ordinance provision to the contrary. If an "Area or Facility of Countywide Significance" is located in an area which is sought to be annexed to a municipality or incorporated, the County shall not transfer operation, maintenance, or regulatory jurisdiction of such Area or Facility to a municipality, unless expressly permitted herein.

(d) Applicability. The requirements of this ordinance apply to unincorporated areas annexed after the effective date of this ordinance.

(e) Condition of Annexation.

The provisions of this section shall be considered a condition of annexation for any area annexed after the effective date of this ordinance and shall be the subject of an interlocal agreement between the County and the annexing municipality. This interlocal agreement shall be adopted by the annexing municipality prior to the County Commission's adoption of any ordinance authorizing a boundary change.
Section 3. Section 20-28 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
Sec. 20-28. Areas and Facilities of Countywide Significance.

(a) Definition.

"Areas and Facilities of Countywide Significance" consist of any private or public lands, including surface, subsurface, and appurtenant airspace and improvements thereupon, located in unincorporated Miami-Dade County as of the date of this ordinance that are deemed necessary by the Board of County Commissioners for the coordinated use of lands, development and service delivery within the County to promote the health, safety, order, convenience, prosperity, and welfare of the current and future residents and tourists of this County.

(b) Designation.

The Board of County Commissioners hereby designates each of the following lands listed on Exhibit A, as an "Area or Facility of Countywide Significance". Any future designation of lands as an Area or Facility of Countywide Significance may be made by resolution of the Board of County Commissioners, upon a finding that:

1) The area or facility is susceptible to substantial change and development that will detrimentally affect the facility or land;

2) There is a need for the continued, unimpaired functioning of the area or facility by the greater community and;

3) The service provided at or by the area or facility, or at a combination of areas or facilities, is a significant resource to the greater community.

If the Board of County Commissioners determines that an area or facility no longer meets the definition of an "Area or Facility of Countywide Significance" as defined herein, the Commission, by resolution, may relinquish regulatory control to the municipality in which such area or facilities are located.

(c) Regulatory Jurisdiction Over Areas or Facilities of Countywide Significance Reserved to the County.

Jurisdiction for purposes of comprehensive planning, zoning and building approvals (including but not limited to land use, site plan approvals, issuance of building permits, building inspections, issuance of certificates of occupancy, zoning applications, special exceptions, variances, building or zoning moratoria, and all other types of functions typically performed by the departments responsible for building, planning and/or zoning), water and sewer installations, compliance with environmental regulations, and utility regulation shall be and are hereby vested in Miami-Dade County regardless of any municipal code, charter, or ordinance provision to the contrary. If an "Area or Facility of Countywide Significance" is located in an area which is sought to be annexed to a municipality or incorporated, the County shall not transfer operation, maintenance, or regulatory jurisdiction of such Area or Facility to a municipality, unless expressly permitted herein.

(d) Applicability. The requirements of this ordinance apply to municipalities created after the effective date of this ordinance.

(e) Condition of Incorporation.

The provisions of this section shall be considered a condition of incorporation for any area incorporated after the effective date of this ordinance and shall be included in the municipal charter of such area.

Section 4. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 5. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

Section 6. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez and Members,
Board of County Commissioners

From: George M. Burgess
County Manager

Subject: Ordinance relating to incorporation and annexation and Areas or Facilities of Countywide Significance

STAFF RECOMMENDATION
It is recommended that the Board of County Commissioners (BCC) adopt the attached ordinance relating to incorporation and annexation. The proposed ordinance identifies locations in unincorporated Miami-Dade County which are "Areas or Facilities of Countywide Significance;" requires the County to retain regulatory control over Areas or Facilities of Countywide Significance; requires this provision as a condition of annexation subject to an interlocal agreement; requires Charters of new municipalities to contain such provisions as a condition of incorporation; provides definitions and applicability; and creates Sections 20-8.6 and 20-28 of the Code of Miami-Dade County.

MANAGER'S BACKGROUND
The Incorporation and Annexation Subcommittee (Subcommittee) has held several meetings over the last year to review the County's incorporation and annexation policies and practices. Public input and commentary was provided and considered at these meetings. During this time, staff provided the Subcommittee with two detailed reports. At the direction of the Chair and Members of the Subcommittee, the first of these reports included different policy approaches and recommendations that could be used to guide future incorporation and annexation requests. This report also served to clarify existing policies. The report was forwarded to both the Budget and Finance and Governmental Operations and Environment Committees for their review and consideration in January 2004. No action was taken at that time, but subsequently staff developed an updated report with recommendations. The revised report provided by staff recommended that the BCC continue with the established incorporation and annexation guidelines, implement the codification of certain policies, and provided additional policy matters for review. The Subcommittee met on October 14, 2004, and favorably forwarded this recommendation to the Budget and Finance Committee and BCC for consideration.

Areas or Facilities of Countywide Significance are private or public lands in the unincorporated municipal service area where the BCC should retain regulatory control over land use, development and service delivery to protect and promote the health, safety, order, convenience, prosperity, and welfare for the residents of the entire region. Specifically, the BCC should retain jurisdiction for purposes of zoning and building approvals for water and sewer installations, compliance with environmental regulations, as well as utility regulations. Examples of facilities of regional significance include, but are not limited to airports, electrical power plants, landfills, well fields, wastewater treatment facilities and regional parks.

This issue is currently addressed as incorporation or annexation proposals come forward; however, this practice has not been codified. Staff works with Municipal Advisory Committees, steering committees and new municipalities to ensure the requirement is placed in conceptual agreements, municipal charters and interlocal agreements on a case-by-case basis. This ordinance codifies the existing practice by including the provisions as a condition of incorporation and also creates the requirement for annexation areas. This ordinance additionally gives the BCC the ability to relinquish regulatory control if the Board determines that an area no longer meets the definition of "Areas or Facilities of Countywide Significance."





___________________________
Alex Muñoz
Assistant County Manager



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