Miami-Dade Legislative Item
File Number: 121175
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File Number: 121175 File Type: Ordinance Status: Amended
Version: 0 Reference: Control: Infrastructure and Land Use Committee
File Name: PLANNING MODIFYING VOTE REQUIREMENTS REGARDING CDMP Introduced: 6/7/2012
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 7
Notes: SEE 121930 Title: ORDINANCE RELATING TO PLANNING; MODIFYING VOTE REQUIREMENTS TO DELETE OR MODIFY DECLARATIONS OF RESTRICTIONS PREVIOUSLY ACCEPTED IN CONNECTION WITH APPLICATIONS TO AMEND THE COMPREHENSIVE DEVELOPMENT MASTER PLAN (“CDMP”); AMENDING SECTION 2-116.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (“CODE”); PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: CDMP
Sponsors: Barbara J. Jordan, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Rebeca Sosa, 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 9/12/2012 1F3 Amended
REPORT: See Agenda Item 1F3 Amended, Legislative File No. 121930 for the amended version.

County Attorney 7/12/2012 Referred Infrastructure and Land Use Committee 9/12/2012

Infrastructure and Land Use Committee 7/11/2012 1F1 Deferred 9/12/2012 P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Commissioner Jordan asked that the foregoing ordinance be deferred to the September 12, 2012 Committee meeting, to allow for further research. Hearing no questions or comments, the Committee proceeded to vote on the motion to defer.

Board of County Commissioners 6/19/2012 Tentatively scheduled for a public hearing Infrastructure and Land Use Committee 7/11/2012

Board of County Commissioners 6/19/2012 4C Adopted on first reading 7/11/2012 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Infrastructure and Land Use Committee on Wednesday, July 11, 2012 at 2:00 p.m.

County Attorney 6/7/2012 Referred Infrastructure and Land Use Committee 7/11/2012

County Attorney 6/7/2012 Assigned Dennis A. Kerbel

Legislative Text


TITLE
ORDINANCE RELATING TO PLANNING; MODIFYING VOTE REQUIREMENTS TO DELETE OR MODIFY DECLARATIONS OF RESTRICTIONS PREVIOUSLY ACCEPTED IN CONNECTION WITH APPLICATIONS TO AMEND THE COMPREHENSIVE DEVELOPMENT MASTER PLAN (“CDMP”); AMENDING SECTION 2-116.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (“CODE”); PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-116.1 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.

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(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.

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(g) The Board of County Commissioners shall hold one public hearing during November following the filing of April period applications and during May following the filing of October period applications. Hearing(s) held pursuant to this paragraph shall be advertised in accordance with Section 163.3184(15)(b) and (c), F.S., and shall be held on a weekday not less than ten (10) days after the day that the advertisement is published. At these hearings the Department of Planning and Zoning shall present to the Board the listing of applications filed pursuant to Section 2-116.1(3)(b), Code of Miami-Dade County, and the Board shall consider the expedited adoption or adoption with change of any requested small-scale amendments and the transmittal of the standard amendment applications to the State land planning agency and any requested small-scale amendments not adopted. If any requested small-scale amendments will be considered for adoption at a public hearing conducted pursuant to this paragraph, the Department shall, prior to said hearing, submit to the Board of County Commissioners an ordinance for first reading providing for Commission action on said small-scale amendments. The action to adopt any small-scale amendment to the CDMP shall be by ordinance enacted only upon vote of the majority of the total membership of the County Commission then in office, except that any decision to include any additional land within the UDB, or to redesignate to an urban use any land located outside the UDB, >>or any decision to make amendments, modifications, additions, or changes to a declaration of restrictive covenants that was accepted in connection with a prior application to amend the CDMP<< shall require a vote of two-thirds (2/3) of the total membership of the County Commission then in office. The transmittal action shall be taken by resolution of the Board of County Commissioners. The resolution pertaining to transmittal shall also specify that the County requests the State land planning agency to review the transmitted proposed amendments pursuant to Section 163.3184(6), F.S. The decision to transmit shall be by affirmative vote of not less than a majority of the total membership of the County Commission then in office. Following the adoption of the resolution pertaining to transmittal, the Board may consider the approval on first reading of one (1) or more ordinances to subsequently take final action on the transmitted applications. The Board of County Commissioners hereby authorizes and directs the County Manager or his designee to transmit all documents and information required by Sections 163.3184(3) and (7), F.S., and Chapter 9J-11, Florida Administrative Code, following the hearing, on behalf of the Board.

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(4) Procedures for final actions after transmittal to state review agencies. After the County Manager or his designee transmits the applications instructed by the Board of County Commissioners pursuant to foregoing paragraph 3(g), subsequent County actions shall be as follows:

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(c) All public hearings conducted by the Board of County Commissioners pursuant to foregoing paragraph (4)(b) to take final action on applications to amend the CDMP shall be advertised in the manner required by Section 163.3184(15), F.S. All such hearings shall be held on a weekday approximately ten (10) days after the date that the advertisement is published. All amendments, modifications, additions or changes to the comprehensive development master plan shall be by ordinance enacted only upon vote of the majority of the total membership of the County Commission then in office, except that any decision to include any additional land within the Urban Development Boundary >>or any decision to make amendments, modifications, additions, or changes to a declaration of restrictive covenants that was accepted in connection with a prior application to amend the CDMP<< shall require a vote of two-thirds (2/3) of the total membership of the County Commission then in office. Findings, if any, made by the Board of County Commissioners which are not included in the ordinance adopting plan amendments and which provided the basis for adoption or determination not to adopt shall be transmitted to the State land planning agency with the adopted amendments. In addition, the Department of Planning and Zoning shall prepare for transmittal a statement in support of the Commission's actions indicating the relationship, if any, of the changes not previously reviewed by the State land planning agency to the comments, objections and recommendations submitted by said agency pursuant to Section 163.3184(6), F.S. The County Manager is hereby authorized and directed to transmit, on behalf of the Board, the adopted amendments, adopting ordinance and all other necessary information and documents required by Chapter 9J-11, Florida Administrative Code. Copies of adopted proposals shall be transmitted by the County Manager to said agency after adoption pursuant to Section 163.3184(7), F.S.

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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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