Legislative Matter

Miami-Dade Legislative Item
File Number: 120044

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File Number: 120044

File Type: Ordinance

Status: In Committee

Version: 0

Reference:

Control: Infrastructure and Land Use Committee

File Name: CDMP AMEND SEC 2-116.1 PROVID APPL UDB

Introduced: 1/9/2012

Requester: NONE

Cost:

Final Action:

Agenda Date: 2/7/2012

Agenda Item Number: 4C

Notes:

NOTE TO CAO: Item filed in BCC folder for 2-7-12 first reading.

Title:

ORDINANCE RELATING TO THE COMPREHENSIVE DEVELOPMENT MASTER PLAN (CDMP); AMENDING SECTION 2-116.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING CERTAIN APPLICATIONS TO AMEND THE URBAN DEVELOPMENT BOUNDARY OR URBAN EXPANSION AREA BOUNDARY MAY NOT BE FILED UNTIL 2015; PROVIDING SEVERABILITY, INCLUSION IN AND EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE

Indexes:	CDMP
	URBAN DEVELOPMENT BOUNDARIES
	AMENDING CODE

Sponsors:

Xavier L. Suarez, 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

Infrastructure and Land Use Committee	3/14/2012	1F3	Tabled
REPORT:	Assistant County Attorney Geri Bonzon-Keenan read the title of the foregoing proposed ordinance into the record. Chairwoman Edmonson opened the public hearing for persons wishing to speak in connection with Agenda Items 1F3 and related Item 2A, and the following persons appeared in support: 1) Mr. Alan Rigerman, 17910 NW 84 Ave, Palm Springs North, noted should development move west beyond the Urban Development Boundary (UDB) line, he would encourage approving multi-use development only, and that it be done right. 2) Ms. Barbara Falsey, President of the Urban Environment League, 2660 NE 166 St, spoke in support of the proposed moratorium on applications to move the UDB, and suggested the Board consider recommendations from the Environmental Protection Agency (EPA) study on moving the UDB. Regarding related Agenda Item 2A, she said she doubted a work group with opposing members could reach a better consensus than the County’s professional staff had on this issue. 3) Mr. James Humble, Chair of the Agricultural Practices Advisory Board, (address not given), spoke on Item 2A only, noting the landowners would be the party most affected by UDB decisions, and should be included as members of the Work Group. 4) Ms. Debbie Brady, Executive Director of the Dade County Farm Bureau, 17825 SW 232 St., noted the Comprehensive Development Master Plan (CDMP) was originally developed to protect Agriculture, Biscayne Bay, the Everglades, and other natural resources. She noted the Board should proceed cautiously, consider each parcel related to CDMP amendments separately, and not draw a broad UDB line. Regarding Agenda Item 2A, she noted the work group should include representation from the Agriculture (AG) Industry, which was not included in this resolution. 5) Ms. Sara Fain, Everglades Law Center, 3660 Battersea Rd., appeared on behalf of National Parks Conservation Association, the Tropical Audubon Society, and Richard Grosso, Executive Director of the Environment and Land Use Law Clinic at Nova Southeastern Law School, in support of the moratorium. Regarding Item 2A, Ms. Fain noted she was doubtful a working group could come to any consensus on where to draw a permanent line. She noted the only impact of trying to creating a permanent line would be to move the line sooner than later, as recommended by County experts. She said that as a matter of law, this Commission may not bind the actions of future County Commissioners, and indicated no line created would be permanent. She said this resolution proposed comprehensive studies, but they had already been done, e.g. the Watershed Study. Ms. Fain advised that Executive Director Laura Reynolds of Tropical Audubon Society, and Richard Grosso were listed in the resolution as members of the work group, and respectfully declined from participating on the task force at this time. The following persons spoke in opposition: 1) Mr. Jeffrey Bercow, Attorney, 200 S. Biscayne Blvd, appeared on behalf of Mr. Alexander Heckler, Turnberry Doral Development, LLC, and all developers in opposition to this ordinance. He noted this ordinance would prevent developers from presenting their justification for UDB expansion and submitting any application before 2015. He said it would impact real estate, development, and the housing market. Mr. Bercow quoted from the Evaluation and Appraisal Report (EAR) depletion dates and required quantities concerning developable residential land. Regarding Item 2A, Mr. Bercow supported the proposed work group, but was doubtful it would ever reach a consensus on this issue. 2) Mr. William Delgado, President of the Latin American Business Association, 2413 NW 85 Ave., asked that if a task force was created, it not be like the Watershed group, but that the construction industry and environmental groups be equally represented; and that a sensible line be drawn that was good for business and created jobs. 3) Ms. Truly Burton, Representative, Florida Atlantic Builders Association (FABA), 1175 NE 125 St., appeared in opposition to the moratorium. She echoed Mr. Bercow’s and Mr. Delgado’s comments. She pointed out that the County’s Sustainability, Planning, and Economic Enhancement Department (SPEED) already had rigorous standards in place which had delayed the application process. She agreed a dialogue was needed and that the FABA members were willing to participate in it. 4) Mr. Bernie Navarro, President, Latin Builders Association, 200 Sevilla Ave, spoke in opposition to a moratorium, but in favor of a dialogue between concerned parties. Hearing no one else wishing to speak, Chairwoman Edmonson closed the public hearing. Chairwoman Edmonson asked staff to explain the purpose of this moratorium, and what would occur during it. Deputy Mayor Jack Osterholt noted the Committee had all the information he had. Chairwoman Edmonson said she could not support imposing a moratorium if no one could say what it would accomplish or what would occur during it. Commissioner Monestime yielded to Committee members for a discussion or a motion. This ordinance was tabled due to a lack of a motion.

Board of County Commissioners	2/7/2012	4C	Adopted on first reading		3/14/2012		P
REPORT:	First Assistant County Abigail Price Williams read the foregoing proposed ordinance into the record. The foregoing proposed ordinance was adopted on first reading and set for a public hearing before the Infrastructure and Land Use Committee on Wednesday, March 14, 2012, at 2:00 PM.

Board of County Commissioners	2/7/2012		Tentatively scheduled for a public hearing	Infrastructure and Land Use Committee	3/14/2012

County Attorney	1/9/2012		Assigned	Craig H. Coller

County Attorney	1/9/2012		Referred	Infrastructure and Land Use Committee	3/14/2012

Legislative Text

TITLE
ORDINANCE RELATING TO THE COMPREHENSIVE DEVELOPMENT MASTER PLAN (CDMP); AMENDING SECTION 2-116.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING CERTAIN APPLICATIONS TO AMEND THE URBAN DEVELOPMENT BOUNDARY OR URBAN EXPANSION AREA BOUNDARY MAY NOT BE FILED UNTIL 2015; PROVIDING SEVERABILITY, INCLUSION IN AND EXCLUSION FROM 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.

* * *

(2) Application. Except as specifically provided below for applications pursuant to an emergency, pursuant to a compliance agreement, pursuant to a State statutory requirement, or pursuant to a concurrently requested development of regional impact (DRI) development order or change to an existing DRI development order, or for applications relating to reuse of military bases pursuant to Chapter 288, F.S., any request for amendments, modifications, additions or changes to the Comprehensive Development Master Plan shall be submitted to the Miami-Dade County Department of Planning and Zoning during the period between April 1 and April 30 inclusive (hereinafter April period), and during the period between October 1 and October 31 inclusive (hereinafter October period), in each year only in accordance with the following provisions:

(a) Applications requesting amendment to the Urban Development Boundary (UDB) or to the Urban Expansion Area (UEA) boundary depicted on the Land Use Plan map, or to the land use classification of land located outside of said Urban Development Boundary may be filed only during the April period in odd numbered years. >>It is provided, however, that no application shall be filed to amend either the UDB or UEA boundary until the April period of 2015. Notwithstanding the forgoing,<< [[T]] >>t<>Sustainability,<< Planning and [[Zoning]] >>Economic Enhancement Department<< may [[also]] file applications requesting amendments to the UDB, UEA or to the land use classification of land located outside of said UDB for processing during either or both the April or October period during those years that an evaluation and appraisal report is adopted pursuant to Section 2-116, Code of Miami-Dade County, provided that the amendments proposed in said applications are suggested in the adopted evaluation and appraisal report. If a filing period is in effect on the date of adoption of an EAR, it shall be extended as necessary to provide a fifteen-business day filing opportunity. The >>Sustainability,<< Planning and >>Economic Enhancement Department<< Director may also file applications requesting amendments to the UDB, UEA or to the land use classification of land located outside of said UDB during the April or October filing period immediately preceding and immediately following adoption of an Evaluation and Appraisal Report.

* * *

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

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.