Miami-Dade Legislative Item
File Number: 101596
   Clerk's Official Copy   

File Number: 101596 File Type: Ordinance Status: Adopted
Version: 0 Reference: 10-10 Control: Board of County Commissioners
File Name: REQUIRE DRAINAGE INFORMATION IN ANALYSIS OF CDMP Introduced: 6/22/2010
Requester: NONE Cost: Final Action: 2/2/2010
Agenda Date: 2/2/2010 Agenda Item Number: 7C
Notes: THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 100136. Title: ORDINANCE RELATING TO COMPREHENSIVE DEVELOPMENT MASTER PLAN (CDMP); AMENDING SECTION 2-116.1(3)(C) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO REQUIRE CERTAIN DRAINAGE INFORMATION BE INCLUDED IN ANALYSIS OF CDMP AMENDMENT APPLICATIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NO. 100136)
Indexes: CDMP
Sponsors: Natacha Seijas, Prime Sponsor
  Jose "Pepe" Diaz, 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

County Attorney 6/22/2010 Assigned Craig H. Coller

Board of County Commissioners 2/2/2010 7C AMENDED Adopted as amended P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. It was moved by Commissioner Heyman that the foregoing ordinance be adopted. This motion was seconded by Commissioner Sosa, and upon being put to a roll call vote, passed by vote of 8-0 (Chairman Moss and Commissioners Barreiro, Edmonson, Seijas and Sorenson were absent). Later in the meeting, it was moved by Commissioner Heyman that the Board reconsider its action on Agenda Item 7C, as requested by Commissioner Seijas. This motion was seconded by Commissioner Jordan, and upon being put to a vote, passed by a unanimous vote of those members present. Subsequently, the Board by a motion made, duly seconded and carried, adopted the foregoing ordinance as amended to delete from the top of page 6, the following language: “…flooding occurrences near the property and within the drainage basin; averages seasonal elevation of the water table within the area of the application; and land elevation of surrounding properties or topographic maps of the application area…”

Legislative Text


TITLE
ORDINANCE RELATING TO COMPREHENSIVE DEVELOPMENT MASTER PLAN (CDMP); AMENDING SECTION 2-116.1(3)(c) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO REQUIRE CERTAIN DRAINAGE INFORMATION BE INCLUDED IN ANALYSIS OF CDMP AMENDMENT APPLICATIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, it is anticipated that sea-level rise associated with climate change will present challenges to the existing drainage capacity of the primary and secondary canal systems; and
WHEREAS, the drainage system capacity varies according to property location within Miami-Dade County; and
WHEREAS, it is desirable to have information relating to the drainage capacity of properties which are the subject of applications to amend the CDMP,
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-116.1(3)(c) of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1

Sec. 2-116.1. Amendment procedure for Comprehensive Development Master Plan.
* * *
(3) Procedure upon application; Director of Planning and Zoning, Community Councils, Planning Advisory Board (PAB), and Board of County Commissioners; applications pursuant to an emergency or a compliance agreement.
* * *
(c) For the purposes of preparing the initial recommendations of the Department of Planning and Zoning, the Director shall request an evaluation from all county departments and agencies responsible for supplying and maintaining infrastructure and services relevant to the CDMP as determined by the Director. Such departments and agencies shall respond with a written evaluation of the estimated incremental and cumulative impact on Miami-Dade County for bringing such infrastructure and services to the area as well as the costs of annually operating and maintaining such infrastructure and services. The evaluation shall estimate the extent to which the costs of the required infrastructure and services will be borne by the described property or will require general taxpayer support, and an estimate of the amount of such support. The Director shall also request a similar report from non-County authorities and agencies which may be affected by a proposed land use change including but not limited to the Metropolitan Planning Organization, Miami-Dade County Public School District, and the South Florida Water Management District. The Director shall consider responses received in writing by any person or organization, on or before the tenth (10th) day in July following the filing of April period applications and on or before the tenth (10th) day of January following the filing of October period applications. The Director shall also consider and evaluate the information presented at any public workshops which are held in accordance with this section.
>>The Director shall also, for purposes of preparing the initial recommendations, request from all appropriate county departments and agencies an evaluation regarding drainage information pertaining to each application, including the drainage basin serving the property that is the subject of the applicationand any primary or secondary canals that provide drainage to the property. Such information shall be included in the Director’s analysis of any application.<<
* * *
Section 2. 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 3. 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 4. 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.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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