§ 30A-9. Preparation and approval of urban renewal projects and plans.

(a)

An urban renewal project for an urban renewal area shall not be approved unless the Board of County Commissioners has, by resolution, determined such area to be a slum area or a blighted area or a combination thereof and designated such area as appropriate for an urban renewal project. The Board shall not approve an urban renewal plan until a comprehensive land use plan and a master thoroughfare plan for the entire County shall have been prepared. For this purpose, and for other County or municipal purposes, authority is hereby vested in the Planning and Zoning Director with the advice of the Miami-Dade County Planning Advisory Board to prepare, to adopt and to revise from time to time a general plan for the physical development of Miami-Dade County as a whole (giving due regard to the environs and metropolitan surroundings), to establish and maintain coordination and cooperation with municipal planning agencies for such purpose and related municipal planning activities. No property shall be acquired for any urban renewal project unless the Board of County Commissioners has approved such urban renewal project in accordance with subsection (d) hereof.

(b)

The Board of County Commissioners, or any person, group, or agency, public or private, may prepare, or cause to be prepared, an urban renewal plan. Such plan shall first be submitted to the Metropolitan Miami-Dade County Planning Advisory Board for review and recommendations as to its conformity with the general plan for the development of the County as a whole. The Planning Advisory Board shall submit its written recommendations with respect to the proposed urban renewal plan to the Board of County Commissioners within sixty (60) days after receipt of the plan for review. Upon receipt of the recommendations of the Planning Advisory Board or, if no recommendations are received within said sixty (60) days, then without such recommendations, said Board may proceed with the hearing on the proposed urban renewal project prescribed by subsection (c) hereof.

(c)

The Board of County Commissioners shall hold a public hearing on every urban renewal project, after public notice thereof by publication in a newspaper having a general circulation in the County. The notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the plan, and shall outline the general scope of the urban renewal project under consideration.

(d)

Following such hearing, the Board of County Commissioners may approve an urban renewal project if it finds that (1) a feasible method exists for the location of families who will be displaced from the urban renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan conforms to the general plan of the County as a whole; and (3) the urban renewal plan will afford maximum opportunity, consistent with the sound needs of the County as a whole, for the rehabilitation or development of the urban renewal area by private enterprise; provided, that if the urban renewal area consists of an area of open land to be acquired by the County, such area shall not be so acquired unless (1) if it is to be developed for residential uses, said Board shall determine that a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the area; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas (including other portions of the urban renewal area); that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the County, or (2) if it is to be developed for nonresidential uses, the Board shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this chapter, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of the community by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area.

(e)

An urban renewal plan may be modified at any time, provided that if modified after the lease or sale by the County of real property in the urban renewal project area, such modification may be conditioned upon such approval of the owner, lessee or successor in interest as the Board may deem advisable and in any event shall be subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in interest, may be entitled to assert.

(f)

Upon the approval by the Board of an urban renewal plan or of any modification thereof, such plan or modification shall be deemed to be in full force and effect for the respective urban renewal area and the Board may then cause such plan or modification to be carried out in accordance with its terms.

(g)

Notwithstanding any other provisions of this chapter, where the Board certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the Governor of the State has certified the need for disaster assistance under Public Law 875, Eighty-first Congress, or other federal law, the Board may approve an urban renewal plan and an urban renewal project with respect to such area without regard to the provisions of subsection (d) of this section and the provisions of this section requiring a general plan and a public hearing on the urban renewal project.

(Ord. No. 60-6, § 6, 2-9-60; Ord. No. 98-125, § 19, 9-3-98)