Miami-Dade Legislative Item
File Number: 130955
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File Number: 130955 File Type: Ordinance Status: Public Hearing
Version: 0 Reference: Control: Board of County Commissioners
File Name: APPLICATIONS FILED IN OCTOBER 2012 CYCLE TO AMEND, Introduced: 5/14/2013
Requester: Regulatory and Economic Resources Cost: Final Action:
Agenda Date: 6/18/2013 Agenda Item Number: 4D
Notes: NOTE TO CAO: ITEM IN CDMP FOLDER 5-22-13. CDMP-Special Item No. 3 Title: ORDINANCE RELATING TO MIAMI-DADE COUNTY COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING DISPOSITION OF APPLICATIONS FILED IN OCTOBER 2012 CYCLE TO AMEND, MODIFY, ADD TO OR CHANGE COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE
Indexes: NONE
Sponsors: Jean Monestime, Prime Sponsor
  Dennis C. Moss, 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

Board of County Commissioners 10/2/2013 Special Item No. 1 Withdrawn
REPORT: Withdrawn-See Substitute Special Item No. 1, Legislative File No. 131871.

Board of County Commissioners 6/18/2013 Tentatively scheduled for a public hearing Board of County Commissioners

Board of County Commissioners 6/18/2013 4D Adopted on first reading P
REPORT: First Assistant County Attorney Abigail Price-Williams read the title of the foregoing proposed ordinance into the record. (The Clerk of the Board, in consultation with the Chairperson, is authorized to schedule and advertise this item for a Public Hearing before the Board of County Commissioners at a later date.)

Office of the Chairperson 5/20/2013 Scrivener's Errors
REPORT: On handwritten page 1 of Special Items No. 2, 3, 4 and 5 the date should read May 22, 2013.

County Attorney 5/14/2013 Assigned Craig H. Coller

Office of the Chairperson 5/14/2013 Assigned County Attorney 5/22/2013
REPORT: RER-CDMP-Craig-CAO- Commissioner Monestime is sponsoring Application #4 and Commissioner Moss is sponsoring Application #5.--Special Item No. 3

Office of the Chairperson 5/14/2013 Assigned Jack Osterholt

Legislative Text


TITLE
ORDINANCE RELATING TO MIAMI-DADE COUNTY COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING DISPOSITION OF APPLICATIONS FILED IN OCTOBER 2012 CYCLE TO AMEND, MODIFY, ADD TO OR CHANGE COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE

BODY
WHEREAS, the Miami-Dade Board of County Commissioners (Board) has provided a procedure (codified as Section 2-116.1 of the Code of Miami-Dade County, Florida) to amend, modify, add to or change the Miami-Dade County Comprehensive Development Master Plan (CDMP); and

WHEREAS, Miami-Dade County's procedures reflect and comply with the procedures for adopting or amending local comprehensive plans as set forth in Section 163, Part II, Florida Statutes; and

WHEREAS, Section 2-116.1 of the Code of Miami-Dade County, Florida, provides procedures for amending the CDMP, which comply with the requirements of the foregoing State Statutes; and

WHEREAS, three CDMP Land Use Plan map amendment applications (Application Nos. 1, 2 and 3), were filed by private parties on or before October 31, 2012 and are contained in the document titled "October 2012 Private Applications to Amend the Comprehensive Development Master Plan," dated December 5, 2012; and

WHEREAS, Miami-Dade County’s procedures provide for expedited processing of small-scale amendments as defined in section 163.3187, Florida Statutes; and

WHEREAS, the three Land Use Plan map amendment applications, are eligible and have requested expedited adoption as small-scale CDMP amendments; and

WHEREAS, two standard CDMP text amendment applications (Application Nos. 4 and 5) were filed by the Department of Regulatory and Economic Resources (Department) and included in the October 2012 Cycle; and

WHEREAS, the Department published its initial recommendations addressing the referenced Application Nos. 1, 2, 3, 4, and 5 in the report titled "Initial Recommendations October 2012 Applications to Amend the Comprehensive Development Master Plan" dated February 25, 2013; and

WHEREAS, affected Community Councils have conducted optional public hearings pursuant to Section 2-116.1(3)(e), Code of Miami-Dade County, to address applications to amend the Comprehensive Development Master Plan that would directly impact their respective council areas and issued recommendations to the Planning Advisory Board and the Board; and

WHEREAS, the Planning Advisory Board, acting as the Local Planning Agency, conducted a duly noticed public hearing on April 15, 2013, to address the October 2012 Cycle Applications, the recommendations of the Department and the affected community councils, to formulate recommendations regarding the adoption of the referenced October 2012 Cycle Applications, and to address the transmittal of standard October 2012 Cycle Applications to the State Land Planning Agency and other state and regional agencies (reviewing agencies) pursuant to Section 163.3184, Florida Statutes, for review and comment; and

WHEREAS, at its April 15, 2013 public hearing, the Planning Advisory Board, acting as the Local Planning Agency, made recommendations to the Board regarding the adoption of eligible small-scale amendments Application Nos. 1, 2 and 3, and the transmittal of standard amendment Application Nos. 4 and 5; and

WHEREAS, the Board must take final action to Adopt, Adopt With Change or Deny applications to amend the CDMP no later than forty-five (45) days after receipt of written comments from the reviewing agencies addressing the transmitted applications, unless a greater time period is deemed necessary by the Director of the Department of Regulatory and Economic Resources; and

WHEREAS, all existing lawful uses and zoning in effect prior to an amendment to the CDMP are deemed to remain consistent with this Plan as amended unless the Board, in conjunction with a particular zoning action, finds such pre-existing zoning or uses to be inconsistent with the CDMP based upon a planning activity or study addressing the criteria set forth in this Plan; and

WHEREAS, the approval of an amendment to the CDMP does not assure favorable action upon any application for zoning or other land use approval but is part of the overall land use policies of the County; and

WHEREAS, any application for zoning or other land use approval involves the application of the County's overall land use policies to the particular request under consideration; and

WHEREAS, the County's overall land use policies include, but are not limited to, the CDMP in its entirety and the County's land development regulations; and

WHEREAS, this Board has conducted the public hearing required by the referenced procedures preparatory to enactment of this ordinance.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. All matters set forth in the preamble are found to be true and are hereby incorporated by reference as if set forth verbatim and adopted.

Section 2. This Board hereby desires to take action on applications filed for review during the October 2012 Cycle for amendments, modifications, additions or changes to the CDMP as follows:

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 thereby. If any application or portion of an application is found to be not in compliance pursuant to Section 163.3184, Florida Statues, the remainder of the application subject to such a finding, and the remaining applications adopted by this ordinance shall not be affected thereby.

Section 4. It is the intention of the Board, and it is hereby ordained that the provisions of this ordinance shall be excluded from the Code of Miami-Dade County, Florida.

Section 5. This ordinance (overall amendment) 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; however, pursuant to Section 163.3184(3)(c)4, Florida Statues, the effective date of any individual plan amendment included within the overall amendment shall be 31 days after the State Land Planning Agency notifies the local government that the plan amendment package is complete, if the amendment is not timely challenged. If timely challenged, the amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on such individual amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the individual amendment may nevertheless be made effective, subject to the imposition of sanctions pursuant to Section 163.3184(8), Florida Statues, by adoption of a resolution affirming its effective status, a copy of which resolution shall be filed with the Clerk of the Board and sent to the State Land Planning Agency.


HEADER
Date:

To: Honorable Chairwoman Rebeca Sosa
And Members, Board of County Commissioners

From: Carlos A. Gimenez
MayorSubject: Ordinance Acting upon the October 2012 Cycle of Applications to Amend the Comprehensive Development Master Plan (Standard Applications)
..Recommendation

It is recommended that the Board of County Commissioners (Board) take action on the attached ordinance (Special Item No. 3), which provides for the Board to adopt, adopt with change or deny the October 2012 Cycle Applications to amend the Comprehensive Development Master Plan (CDMP). It is recommended that first reading occur at the conclusion of the public hearing scheduled for Wednesday, May 22, 2013 at 9:30 PM in the Commission Chamber. This public hearing is to address the transmittal of applications filed in the October 2012 CDMP Amendment Cycle, to the State Land Planning Agency and other state and regional agencies (reviewing agencies) for review and comments pursuant to Section 163.3184, Florida Statutes. It is further recommended that final action be taken on the ordinance at the conclusion of the public hearing that will be scheduled for October 2013.

Scope

The CDMP is a broad-based countywide policy-planning document created to guide future growth and development, to ensure the adequate provision of public facilities and services for existing and future populations in Miami-Dade County, and to maintain or improve the quality of the natural and man-made environment in the County. While the adopted text of the CDMP generally applies countywide, some text amendment applications and individual, site-specific Land Use Plan map amendment applications may have localized impact on one or more Commission Districts; such as Application No. 1, which is located within Commissioner Monestime’s District 2, and Application Nos. 2 and 3, which are located within Commissioner Moss’ District 9. Application Nos. 4 and 5 are CDMP text amendments that apply countywide.


Fiscal Impact

Fiscal impact means the cost to the County of implementing the activities or actions that would be incurred after approval of the ordinance. Ordinance No. 94-238 requires a statement of fiscal impact on all activities and actions resulting from approval of an ordinance. In addition, Ordinance No. 01-163 requires the review procedures for amendments to the CDMP to include, for any proposed land use change, a written evaluation of the estimated incremental and cumulative impact to Miami-Dade County for bringing such public infrastructure to the area, as well as, annual operating costs. Also, in accordance with Resolution No. 530-10, County departments are required to include detailed financial costs and budgetary impact analysis for items that have a fiscal impact to the County. Information on the fiscal impacts from the referenced small-scale CDMP amendment applications are contained in the document titled, “Initial Recommendations October 2012 Applications To Amend The Comprehensive Development Master Plan,” dated February 25, 2013.

Fiscal impacts from approved CDMP Land Use Plan map amendment applications vary depending on the type of request and location. For example, proposals involving non-residential developments have less impact on public infrastructure and services than proposals involving residential developments. According to Miami-Dade Water and Sewer Department, for Application No. 1, if approved and the application site developed with 93 multi-family units (maximum residential development allowed under the requested CDMP land use designation of “Business and Office”), the annual operating and maintenance costs for water and sewer service are estimated at $16,563. However, if the application site were developed with 37,635 square feet of retail uses, the annual operating and maintenance costs for water and sewer service are estimated at $4,468. For Application No. 2, if approved and the sited developed with the maximum 215 multi-family residential units, the annual operating and maintenance costs for water and sewer service are estimated at $38,291. For Application No. 3, if approved and the sited developed with the maximum 178 multi-family residential units, the annual operating and maintenance costs for water and sewer service are estimated at $31,701.

Application Nos. 4 and 5 are standard text amendment requests to the Land Use Element and Aviation Subelement of the CDMP and, therefore, do not impose a fiscal impact to the County.

Housing Impact

The applications to amend the adopted 2015 and 2025 Land Use Plan (LUP) map of the CDMP have the potential to reduce or increase the county’s housing supply, based upon the current CDMP land use designation of the application site, the requested CDMP land use designation and voluntary restrictions on residential density. If the Land Use Plan map amendment applications were approved, the County’s supply of multi-family housing could be increased by a total of 367 dwelling units. If Application No. 1 were approved as requested for Business and Office uses but instead developed for residential uses, the supply of housing in the County could be increased by a net 45 dwelling units. If Application No. 2 were approved, the supply of housing in the County could be increased by 215 dwelling units. If Application No. 3 were approved, the County’s supply of housing could be increased by a net 107 dwelling units. No housing impacts are expected from the text amendment applications if Application Nos. 4 and 5 were approved.

Track Record/Monitor

Amendments to the CDMP do not involve contracts so a Track Record/Monitor is not applicable.

BODY

Two sets of applications were filed in the October 2012 CDMP Amendment Cycle, totaling 16 applications. The first set comprising five applications (Application Nos. 1, 2, 3, 4 and 5) is addressed in this memo and in the attached ordinance (Special Item No. 3). The second set comprises eleven applications filed based on the Adopted 2010 Evaluation and Appraisal Report (EAR-Based Application Nos. 1 through 11) and is addressed in a separate ordinance and memo (Special Item No. 5). Of the first set of October 2012 Cycle applications, addressed herein, Application Nos. 1, 2 and 3 request amendments to the CDMP Adopted 2015 and 2025 Land Use Plan map requesting expedited processing as small-scale amendments. Application Nos. 4 and 5 request amendments to the CDMP Land Use Element and Aviation Subelement text. The attached resolution provides for transmittal to the reviewing agencies of the referenced CDMP amendment Application Nos. 1, 2, 3, 4 and 5.

A resolution accompanying this ordinance (Special Item No. 2) requests review and comments by the reviewing agencies on all transmitted applications. It is estimated that the reviewing agencies will return their comments to Miami-Dade County in July 2013. The County is required to take final action on the pending October 2012 Cycle Applications within 45 days after receipt of comments from the reviewing agencies, unless a greater time period is deemed necessary by the Department of Regulatory and Economic Resources (Department). The Department may issue final recommendations between the time the reviewing agencies issue their comments and the Board conducts its scheduled final public hearing. By approving the attached ordinance (Special Item No. 3) on first reading, the Board is in a position to conduct a public hearing and take final action on the pending October 2012 Cycle Applications after receipt of comments from the reviewing agencies.




__________________________
Jack Osterholt
Deputy Mayor






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