§ 20-22. Planning Advisory Board's consideration of petition for incorporation.

(A)

The Director of the Office of Management and Budget, prior to transmittal to the Planning Advisory Board, shall request the directors of all other applicable County departments to review and comment on the incorporation petition with respect to their areas of expertise and responsibility.

(B)

The Director of the Office of Strategic Business Management, upon receipt of comments and information from other departments, shall prepare a report on the petition containing the following information:

(1)

Summary of petition,

(2)

Socio-economic profile of area,

(3)

Development profile of area,

(4)

Any Municipal Advisory Committee Report, and

(5)

Other information outlined in Section 20-23(B)(1).

The report shall be transmitted to the Planning Advisory Board.

(C)

The Planning Advisory Board, upon receipt of a petition and appropriate County department staff review and comment shall:

(1)

Conduct a properly advertised public hearing within the area proposed for incorporation.

(2)

Require additional information from appropriate County departments as needed.

(3)

Make written recommendations with respect to the petition and any Municipal Advisory Committee Report which shall include the following:

(a)

An analysis of the issues outlined in Section 20-23(B);

(b)

Whether the proposed incorporation:

(1)

will divide a historically recognized community;

(2)

is compatible, to the degree possible, with existing planned land uses and zoning of the areas surrounding the proposed municipality;

(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)

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

(6)

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

(7)

to the degree possible, will be contained in one or more school district boundaries governing admission to elementary, middle and high schools;

(8)

contains an existing community redevelopment area operating within its boundaries.

(c)

Other considerations deemed relevant by the Board.

(D)

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

(1)

Approval of the petition;

(2)

Approval of the petition on a modified basis;

(3)

Deferral of the petition for more information;

(4)

Deferral of the petition to permit modification; or

(5)

Denial of the petition.

(E)

The Director of the Office of Strategic Business Management shall forward the petition and recommendations of the Planning Advisory Board as well as the Municipal Advisory Committee Report, to the County Manager for review and recommendation. The County Manager shall transmit the Manager's recommendation, the petition, the recommendation of the Planning Advisory Board, as well as the Municipal Advisory Committee Report, to the Clerk of the Board of County Commissioners.

(F)

The Clerk of the Board of County Commissioners, upon receipt of the recommendations by the Planning Advisory Board and County Manager, shall set the matter of such proposed incorporation for public hearing at a regular meeting of the County Commission and cause notice of such public hearing to be published in a daily newspaper of general circulation in Miami-Dade County at least once not less than one (1) week prior to the date of such public hearing. Notice of such public hearing shall be furnished to all property owners within the area and within six hundred (600) feet thereof.

(Ord. No. 95-78, § 1, 5-2-95; Ord. No. 95-176, § 2, 10-5-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 13, 9-3-98; Ord. No. 01-168, § 1, 10-23-01; Ord. No. 05-86, § 3, 5-3-05; Ord. No. 05-140, § 3, 7-7-05; Ord. No. 14-19, § 2, 2-27-14; Ord. No. 17-33, § 2, 6-6-17)