§ 20-6. Consideration by Planning Advisory Board.

(a)

The Planning Advisory Board, upon receipt of a petition or resolution referred by the County Commission shall study, review and consider the request for boundary changes embodied therein. The Planning Advisory Board shall conduct a public hearing in respect to such proposed boundary changes and hear from all interested persons and any municipality. The Planning Advisory Board may require the petitioners or the municipality to furnish any additional information, data or instruments deemed necessary or desirable for consideration of such request. The Planning Advisory Board shall give written notice of such public hearing to all owners of property within the area and within six hundred (600) feet thereof. The cost of such notice shall be paid by the individual, group or municipality initiating the proposed change. In notifying area residents of a public hearing to consider an annexation application, written courtesy notices of said public hearing shall be mailed to any adjacent municipality. In the event any municipality other than the municipality initiating the proposed boundary change appears before the Planning Advisory Board claiming to be materially affected by the proposed boundary change, the Planning Advisory Board recommendations shall include the reason the municipality is materially affected, how the municipality's concerns affect the application, and a recommendation on how the Board of County Commissioners should address the materially affected municipality's concern.

Before the Planning Advisory Board studies and reviews the request, the annexation report will be reviewed by the appropriate County personnel. The statements contained in the annexation report pertaining to the quality, quantity, cost and timing of the services the municipality will extend to the areas requested for annexation will be reviewed by the appropriate County department to determine if the services proposed are adequate. The statements pertaining to the financing of the services and analysis of the tax load on the area to be annexed will be reviewed by the Miami-Dade County Budget Officer. Upon completion of these reviews, the entire application will be reviewed in accordance with this section by the Planning Advisory Board and then forwarded to the County Manager's office for review and recommendation prior to submittal to the Board of County Commissioners for their consideration.

(b)

The Planning Advisory Board shall make written recommendations to the County Commission concerning such proposed boundary changes. Copies of such recommendations shall be filed with the Clerk of the County Commission, and copies shall be mailed to a representative of the petitioners or the municipality. In evaluating the appropriateness of a boundary change request, the Planning Advisory Board shall consider the guidelines in Section 20-7, as well as whether the annexation:

(1)

will divide a historically recognized community;

(2)

will if approved result in an annexation area that is compatible with existing planned land uses and zoning of the municipality to which the area is proposed to be annexed;

(3)

will, if currently qualified, continue to be eligible for any benefits derived form inclusion in federal or state enterprise zones, or targeted area assistance provided by federal, state and local government agencies;

(4)

will impact public safety response times;

(5)

will introduce barriers to municipal traffic circulation due to existing security taxing districts, walled communities and/or private roads;

(6)

to the degree possible, will be served by the same public service franchises, such as cable and communication services, as the existing municipality, or will it have full access to all available municipal programming through its franchises provider;

(7)

if identified by the federal government as a flood zone or by emergency planners as an evacuation zone, has the annexing municipality indicated its preparedness to address any extraordinary needs that may arise;

(8)

will be connected to municipal government offices and commercial centers by public transportation; and

(9)

to the degree possible, will be contained in one or more school district boundaries governing admission to elementary, middle and high schools as the adjoining municipal area.

(c)

The Planning Advisory Board's recommendation to the Board of County Commissioners shall be either:

(1)

Approval of the proposed boundary change;

(2)

Approval of the proposed boundary change on a modified basis;

(3)

Deferral of the proposed boundary change for more information;

(4)

Deferral of the proposed boundary change to permit modification; or

(5)

Denial of the proposed boundary change.

(Ord. No. 60-42, § 6, 11-29-60; Ord. No. 64-21, § 2, 5-19-64; Ord. No. 70-2, § 4, 1-7-70; Ord. No. 95-176, § 1, 10-5-95; Ord. No. 05-86, § 2, 5-3-05; Ord. No. 07-176, § 3, 12-4-07; Ord. No. 14-19, § 1, 2-27-14)

Annotation— AO 4-49.