Miami-Dade Legislative Item
File Number: 130212
   Clerk's Official Copy   

File Number: 130212 File Type: Ordinance Status: Adopted as amended
Version: 0 Reference: 13-06 Control: Board of County Commissioners
File Name: CDMP AMENDMENT APPLICATIONS OR ZONING APPLICATIONS Introduced: 1/31/2013
Requester: NONE Cost: Final Action: 1/23/2013
Agenda Date: 1/23/2013 Agenda Item Number: 7B
Notes: REQUIRES 6WKS-4WKS; THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 121895 Title: ORDINANCE RELATING TO PLANNING AND ZONING; REQUIRING THE BOARD OF COUNTY COMMISSIONERS TO RETAIN JURISDICTION TO MODIFY OR DELETE COVENANTS OR DECLARATIONS OF RESTRICTIONS ACCEPTED IN CONNECTION WITH COMPREHENSIVE DEVELOPMENT MASTER PLAN AMENDMENT APPLICATIONS OR ZONING APPLICATIONS, WHEN THE AREA THAT IS THE SUBJECT OF THE COVENANT OR DECLARATION OF RESTRICTION HAS BEEN ANNEXED OR INCORPORATED; AMENDING SECTION 20-26 AND CREATING SECTION 20-8.8 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (“CODE”); PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 121895]
Indexes: AMENDING CODE
  CDMP
Sponsors: Jose "Pepe" Diaz, Prime 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 1/31/2013 Assigned Dennis A. Kerbel 2/1/2013

Board of County Commissioners 1/23/2013 7B AMENDED Adopted as amended P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record, and advised that it needed to be amended. Assistant County Attorney Dennis Kerbel read the proffered amendments into the record as follows: -to insert the following language “it is provided, however, that the Board of County Commissioners may not exercise such jurisdiction unless the applicable municipality has first approved the modification or deletion” at the end of the paragraph in Sec. 20-8.8, under Section 1 on handwritten page 4, and at the end of paragraph (h) on handwritten page 7. Hearing no further comments or questions, the Board adopted the foregoing proposed ordinance as amended, as noted by Assistant County Attorney Dennis Kerbel.

Legislative Text


TITLE
ORDINANCE RELATING TO PLANNING AND ZONING; REQUIRING THE BOARD OF COUNTY COMMISSIONERS TO RETAIN JURISDICTION TO MODIFY OR DELETE COVENANTS OR DECLARATIONS OF RESTRICTIONS ACCEPTED IN CONNECTION WITH COMPREHENSIVE DEVELOPMENT MASTER PLAN AMENDMENT APPLICATIONS OR ZONING APPLICATIONS, WHEN THE AREA THAT IS THE SUBJECT OF THE COVENANT OR DECLARATION OF RESTRICTION HAS BEEN ANNEXED OR INCORPORATED; AMENDING SECTION 20-26 AND CREATING SECTION 20-8.8 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (''CODE''); PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 121895]

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 20-8.8 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
Sec. 20-8.8. - Retention of Modification or Deletion of Covenants or Declaration of Restrictions.

The Board of County Commissioners shall require, as a condition of municipal boundary change, that the Board retain jurisdiction over the modification or deletion of declarations of restrictive covenants accepted by either the Board or a Community Zoning Appeals Board in connection with a Comprehensive Development Master Plan application or zoning application, regardless of whether such declaration provides for modification or deletion by a successor governmental body. It is provided, however, that the Board of County Commissioners may not exercise such jurisdiction unless the applicable municipality has first approved the modification or deletion.



Section 2. Section 20-26 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 20-26. - Future Municipalities' Obligations to the County.
(a) As a condition of incorporation approved pursuant to Article V>>I<< of the Miami-Dade County Home Rule Charter, each new municipality shall include a provision in its charter and shall agree to remain a part of the Miami-Dade County Fire-Rescue District and the Miami-Dade County Library System in perpetuity.
(b) As a condition of incorporation approved pursuant to Article V>>I<< of the Miami-Dade County Home Rule Charter, each new municipality shall include a provision in its charter and shall agree in perpetuity to contract with the Miami-Dade County Police Department ("MDPD") and pay for specialized police services from its municipal millage or other municipal funds. For purposes of this subsection, specialized police services include, but are not limited to, narcotics, criminal intelligence, economic crimes, homicide, robbery, sexual crimes, environmental crimes, domestic crimes, and crime scene investigations; property and evidence efforts; tactical operations activities; and aviation patrol.
(c) As a condition of incorporation approved pursuant to Article V>>I<< of the Miami-Dade County Home Rule Charter, each new municipality shall include a provision in its charter and shall agree to contract with the Miami Dade County Police Department ("MDPD") and pay for local patrol police services for three years or such longer period of time as may be requested by the municipality.
(d) The fiscal impact of an incorporation on the remainder of the unincorporated area shall be revenue neutral; provided, however, any municipality which does not meet the foregoing requirement, as a condition of incorporation pursuant to Article V>>I<< of the Miami-Dade County Home Rule Charter, shall agree to make an annual mitigation payment to the County's Municipal Services Trust Fund in the Unincorporated Municipal Service Area Budget, the amount of which shall be determined by the Board of County Commissioners, in the event of a negative fiscal impact of the municipality's incorporation on the unincorporated area. For purposes of this subsection, "a revenue neutral municipality" is defined as an area that previously, as part of the unincorporated municipal service area, generated revenues equal to or less than the cost of services provided to the area by the County. Any annual mitigation amount determined by the Board of County Commissioners pursuant to the provisions of this paragraph shall be established so as not to trigger "most-favored-nation-status" clauses which are contained in any municipal charter.
(e) As a condition of incorporation approved pursuant to Article V>>I<< of the Miami-Dade County Home Rule Charter, each new municipality shall include in its charter that such municipality shall be responsible for (i) its pro-rata share of any County debt outstanding at the time the municipality incorporates and with respect to the Stormwater Utility, outstanding at the time the municipality elects to be separate from the Stormwater Utility through an interlocal agreement or by exemption and (ii) its prorata share of any refunding of such debt. The municipality's annual pro-rata share of debt service shall be determined by multiplying the total debt service in each Fiscal Year by the municipality's percentage share of pledged revenues (revenues pledged by the County to the repayment of the debt). The municipality's percentage share shall be determined by dividing the pledged revenues collected within the municipality during the County's Fiscal Year in which municipality incorporates, and with respect to the Stormwater Utility in the Fiscal Year in which the municipality elects to separate from the Stormwater Utility district; by the total pledged revenues collected in that same Fiscal Year. It is further provided that the municipality's charter shall authorize the County to continue to collect and distribute the pledged revenues in a manner that is consistent with the requirements of the debt and shall recognize the municipality's obligations pursuant to this subsection.
* * *
(g) As a condition of incorporation approved pursuant to Article V>>I<< of the Miami-Dade County Home Rule Charter, each new municipality, as a part of its charter, shall provide for adoption of Miami-Dade County's workforce housing development program established at Chapter 33, Article XIIA of the Code of Miami-Dade County, as amended, provided, however, that any municipality may establish and enforce more stringent regulations as necessary to ensure provision of workforce housing units within its jurisdiction.

>>(h) As a condition of incorporation approved pursuant to Article VI of the Miami-Dade County Home Rule Charter, each new municipality shall provide, as a part of the charter, that the Board of County Commissioners retains jurisdiction over the modification or deletion of declarations of restrictive covenants accepted by either the Board of County Commissioners or a Community Zoning Appeals Board in connection with a Comprehensive Development Master Plan application or zoning application, regardless of whether such declaration provides for modification or deletion by a successor governmental body. It is provided, however, that the Board of County Commissioners may not exercise such jurisdiction unless the applicable municipality has first approved the modification or deletion.<<

Section 3. 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 4. 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 5. 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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