Miami-Dade Legislative Item
File Number: 210804
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File Number: 210804 File Type: Resolution Status: Deferred in Committee
Version: 0 Reference: Control: County Infrastructure, Operations and Innovations Committee
File Name: CDMP APPLICATION FOR UEA NO.3 Introduced: 3/31/2021
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 11A
Notes: SEE 211156 Title: RESOLUTION DIRECTING THE COUNTY MAYOR OR DESIGNEE TO FILE AN APPLICATION IN THE MAY 2021 CYCLE OF AMENDMENTS TO THE COMPREHENSIVE DEVELOPMENT MASTER PLAN TO EXPAND THE URBAN DEVELOPMENT BOUNDARY TO INCLUDE THE LAND LOCATED IN DISTRICT 9 THAT IS WITHIN URBAN EXPANSION AREA NO. 3, TO DESIGNATE SUCH LAND AS THE SOUTH-DADE INDUSTRIAL AND EMPLOYMENT ZONE (SIEZ), AND TO TAKE ANY AND ALL ADDITIONAL STEPS NECESSARY TO COMPLY WITH APPLICABLE CDMP POLICIES
Indexes: NONE
Sponsors: Kionne L. McGhee, 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

County Infrastructure, Operations and Innovations Committee 5/13/2021 2A Deferred P
REPORT: During the setting of the agenda, Commissioner Cohen Higgins asked not to defer Agenda Item 2A and 2A Substitute due to the previous deferral of the item. She indicated this would be the second deferral for this item. Later in the meeting, Commissioner Cohen Higgins stated she supported the deferral of the foregoing proposed resolution to no date certain. The Committee proceeded to vote on the deferral of foregoing proposed resolution as requested by the prime sponsor.

County Infrastructure, Operations and Innovations Committee 4/15/2021 2E Deferred 5/13/2021 P
REPORT: Assistant County Attorney Oren Rosenthal read the title of the foregoing proposed resolution into the record and announced Assistant County Attorney Daniel Frastai would read into the record a proposed amendment. Commissioner McGhee emphasized this proposed item would generate 20,000 to 30,000 new jobs across District 9, which would fulfil the need for jobs in the area. He advocated for the environment emphasizing this proposed project would not affect the Everglades Restoration Project and the Redland area, noting District 8 also had a pending application that was about three (3) miles in proximity from District 9. Commissioner McGhee indicated the approval of this proposed item would include within the Urban Development Boundary (UDB) lands that were currently located within the Urban Expansion Area (UEA) would unite Districts 8 and 9, and send a positive message to the South Dade community. Assistant County Attorney Daniel Frastai indicated the items would be amended as follows: - On page 6 the following whereas clause shall be added prior to the last whereas clause: “Whereas the Homestead Air Reserve Base is a regional asset of great importance to the County and any proposed amendment to the CDMP in the vicinity of the base must ensure that the base’s security and operations are preserved and protected.” - On page 7, the following sentence shall be added at the end of the now, therefore, be it resolve clause: “In addition, the County Mayor or designee shall ensure in consultation and coordination with the Homestead Air Reserve Base that the CDMP application incorporates or includes appropriate buffering in the vicinity of the base so as to preserve and protect base operations and security.” - On page 7, at the end of the be it resolve clause, the following sentence shall be added: “To the extent that any portion of the land subject to this resolution cannot be considered for inclusion within the Urban Development Boundary (UDB) due to filing requirements set forth in Section 2-116.1 of the Code or Comprehensive Development Master Plan (CDMP) Policy LU-8G governing areas that could not be considered than any such portion shall be excluded from the application to be filed. It was moved by Chairwoman Regalado to defer this item to the next Committee meeting scheduled for May 13, 2021. This motion was seconded by Commissioner Gilbert. Commissioner Cohen Higgins inquired if there a development plan attached to this item and suggested an employment zone be created within the available 500 acres located inside the line. Commissioner McGhee emphasized the exclusion of the 767 acres within the high hazard area of land would satisfy the environmentalist concerns. The proposed amendments were re-read into the record by Assistant County Attorney Frastai. Commissioner Mcghee requested that Ms. Lourdes Gomez, Regulatory and Economics Resources Department, (RER), Director provide a feasibility report before the next County Infrastructure, Operations, and Innovations Committee (CIOIC) meeting scheduled for May 13, 2021. There being no other comments or objections, the Committee members proceeded to take a vote on the deferral of the foregoing proposed resolution; and consideration of this resolution was deferred to the next Committee meeting scheduled for May 13, 2021.

County Attorney 4/2/2021 9:55:22 AM Referred County Infrastructure, Operations and Innovations Committee 4/15/2021

County Attorney 3/31/2021 Assigned James Eddie Kirtley 3/31/2021

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR DESIGNEE TO FILE AN APPLICATION IN THE MAY 2021 CYCLE OF AMENDMENTS TO THE COMPREHENSIVE DEVELOPMENT MASTER PLAN TO EXPAND THE URBAN DEVELOPMENT BOUNDARY TO INCLUDE THE LAND LOCATED IN DISTRICT 9 THAT IS WITHIN URBAN EXPANSION AREA NO. 3, TO DESIGNATE SUCH LAND AS THE SOUTH-DADE INDUSTRIAL AND EMPLOYMENT ZONE (SIEZ), AND TO TAKE ANY AND ALL ADDITIONAL STEPS NECESSARY TO COMPLY WITH APPLICABLE CDMP POLICIES

BODY
WHEREAS, the Urban Development Boundary (UDB) is included on the County�s Comprehensive Development Master Plan (CDMP) Future Land Use Plan (LUP) Map to differentiate between areas where urban development should and should not occur; and
WHEREAS, adequate countywide development capacity is maintained within the UDB by increasing development densities or intensities inside the UDB, or by expanding the UDB when the need for such change exists; and
WHEREAS, applications to move the UDB are accepted only in odd-numbered years; and
WHEREAS, the criteria for applications requesting expansion of the UDB are primarily contained in CDMP Policies LU-8F, LU-8G, and LU-8H, which require, among other things, a demonstration of need to move the UDB, the avoidance of sprawl-type development, and the mitigation of any loss of agricultural or environmentally-sensitive lands; and
WHEREAS, the LUP map currently includes four Urban Expansion Areas where urban expansion may occur if certain criteria in the CDMP Land Use Element are met, and if there is a demonstrated need for urban development to occur beyond the UDB; and
WHEREAS, Urban Expansion Areas were first depicted on the LUP map in 1983 and have subsequently been modified over time; and
WHEREAS, the Urban Expansion Areas are located outside of the UDB and, as set forth in the CDMP Land Use Element, represent areas where current projections indicate that further urban development beyond the UDB may be warranted between the year 2030 and 2040, based on an analysis of available capacity inside of the UDB; and
WHEREAS, however, the CDMP recognizes the uncertainty in the timing and amount of expansion that will be needed due to unpredictability in the long-term rates of population and economic growth, housing and community preferences, availability and price of energy, water, agricultural, and mineral resources, and other state, federal, and international influences; and
WHEREAS, Urban Expansion Area No. 3 is comprised of approximately 3,000 acres of land located north of Homestead Air Reserve Base that is primarily designated �Agriculture� and �Open Land� on the LUP map; and
WHEREAS, the County recently completed a comprehensive review of the CDMP known as the Evaluation and Appraisal Report (EAR), which the County is required to undertake every seven years to assess the progress the County has made in implementing the CDMP and to recommend changes to the CDMP, including to the Urban Expansion Areas and related policies; and
WHEREAS, through the process of adopting EAR-based amendments to the CDMP, the County is considering whether to modify the boundaries of the Urban Expansion Areas, including whether to contract Urban Expansion Area No. 3 to exclude approximately 600 acres of land that is part of the Comprehensive Everglades Restoration Plan (CERP) project and land that is located in proximity to the Homestead Air Reserve Base (HARB); and
WHEREAS, on July 22, 2020, the Board adopted Ordinance No. 20-77, taking final action on a portion of EAR Application No. 5 in the May 2019 Cycle to Amend the CDMP; and
WHEREAS, the Board bifurcated the portion of Application No. 5 that proposed to contract the boundaries of the UEAs, and deferred final action pending completion of a study that the Board directed through Policy LU-8J, which was adopted in Ordinance No. 20-77; and
WHEREAS, the purpose of the study is to evaluate: (i) additional areas that may be identified as urban expansion areas, with a goal of replacing the 1,993 acres that were proposed for removal in Application No. 5 of the EAR Amendments in the May 2019 CDMP Amendment Cycle; and (ii) potential additional uses that would be appropriate for the Urban Expansion Areas, particularly near the Homestead Air Reserve Base; and
WHEREAS, pursuant to that directive, County planning staff has prepared a preliminary report for public comment that is available online at: http://www.miamidade.gov/planning/library/reports/2021-draft-urban-expansion-area-report.pdf; and
WHEREAS, in the report, County planning staff does not at this time recommend the creation of new UEAs, but does provide recommendations to address potential impacts associated with growth into new UEAs that may be identified in the future; and
WHEREAS, Ordinance No. 20-77 amended Policy LU-8G to provide that applications to move the UDB for residential uses in Coastal High Hazard Areas �shall not be considered�; and
WHEREAS, Urban Expansion Area No. 3 is located in Commission Districts 8 and 9; and
WHEREAS, much of the land within Urban Expansion Area No. 3 is located in Coastal High Hazard Areas and, therefore, may only be brought into the UDB for non-residential development; and
WHEREAS, accordingly, this land should not be used for residential purposes; and
WHEREAS, because the urbanized area near Urban Expansion Area No. 3 is growing rapidly, it may be appropriate to expand the UDB in the next UDB amendment cycle to include some of the land located there, to serve the non-residential needs of the nearby urbanized area; and
WHEREAS, the portion of this land located in District 9 would be well-suited to industrial uses and shall be designated as the South-Dade Industrial and Employment Zone (SIEZ); and
WHEREAS, Ordinance No. 20-77 also amended Policy LU-8H, which now provides that applications requesting expansion of the UDB must request designation as a �Special District� on the CDMP Land Use Plan map and include a text amendment under the �Special District� CDMP text to outline the allowable uses, maximum density, maximum floor area ratio, and how the proposed development will satisfy the criteria set forth in this policy; and
WHEREAS, Policy LU-8H also provides that a zoning application addressing certain specified criteria must be filed concurrently with the CDMP Land Use Plan map amendment; and
WHEREAS, in the May 2021 cycle of applications to amend the CDMP, private parties have filed Application No. CDMP202110003 to expand the UDB to include certain land in District 8 that is located within Urban Expansion Area No. 3; and
WHEREAS, in addition to the lands included in that application, the remaining portions of Urban Expansion Area No. 3 located in District 9 should also be brought within the UDB and made available for industrial uses; and
WHEREAS, Section 2-116.1 of the Code of Miami-Dade County authorizes this Board to direct the filing of an application to amend the CDMP,
����������� NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby directs the County Mayor or designee to file an application in the May 2021 cycle of applications to amend the Comprehensive Development Master Plan (CDMP) to expand the Urban Development Boundary (UDB) to include the land located in District 9 that is within Urban Expansion Area No. 3 and to designate such land as the South-Dade Industrial and Employment Zone (SIEZ). When filing such application, the County Mayor or designee shall also take any and all additional steps necessary to comply with applicable CDMP policies, including, but not limited to, filing a concurrent zoning application pursuant to Policy LU-8H.



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