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RESOLUTION PERTAINING TO MAY 2023 CYCLE APPLICATION NO. CDMP20230018, FILED BY OCLA, LLC, REQUESTING AMENDMENTS TO THE COMPREHENSIVE DEVELOPMENT MASTER PLAN; DIRECTING THE MAYOR OR DESIGNEE TO ACT IN ACCORDANCE WITH THE TRANSMITTAL INSTRUCTIONS INCLUDED IN THIS RESOLUTION RELATED TO APPLICATION NO. CDMP20230018, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF SW 192 STREET AND SW 177 AVENUE (KROME AVENUE); REQUESTING STATE LAND PLANNING AGENCY TO REVIEW APPLICATION NO. CDMP20230018; RESERVING THE RIGHT TO TAKE FINAL ACTION AT A LATER DATE; AND DECLARING INTENT TO CONDUCT ONE OR MORE SUBSEQUENT PUBLIC HEARINGS

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WHEREAS, pursuant to chapter 163, Part II, Florida Statutes, the Miami-Dade Board of County Commissioners (�Board�) adopted the Miami-Dade County Comprehensive Development Master Plan (�CDMP�) in 1988; and

WHEREAS, the Board has provided procedures, codified as section 2-116.1 of the Code of Miami-Dade County, Florida, to amend, modify, add to, or change the 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 chapter 163, Part II, Florida Statutes, including the process for adoption of small-scale comprehensive plan amendments (�small-scale amendments�) set forth in section 163.3187, Florida Statutes; and

WHEREAS, applications to amend the CDMP may be filed with the Planning Division of the Department of Regulatory and Economic Resources (�Department�) by private parties or by the County; and

WHEREAS, Miami-Dade County's procedures classify applications as either standard or small-scale amendment applications, set forth the processes for adoption of small scale and standard amendments, and require any application seeking adoption as a small-scale amendment to clearly state such request in the application; and

WHEREAS, Miami-Dade County's procedures provide that applications may be filed for processing in the January, May, or October CDMP amendment cycles or filed at any time for out-of-cycle processing; and

WHEREAS, Application No. CDMP20230018 (the �Application�) was filed by a private party in the May 2023 Cycle of Applications to amend the CDMP (�May 2023 CDMP Amendment Cycle�) and is contained in the document titled �May 2023 Cycle of Applications to Amend the Comprehensive Development Master Plan,� dated June 2023, and kept on file with and available upon request from the Department; and

WHEREAS, the Application is eligible and has requested adoption as a small-scale amendment; and

WHEREAS, as required by section 2-116.1, Code of Miami-Dade County, the Department issued its initial recommendation addressing the Application in a report titled �Initial Recommendation May 2023 Cycle to Amend the Comprehensive Development Master Plan,� dated October 2023 and kept on file with and available upon request from the Department; and

WHEREAS, the Department�s initial recommendation addressing the Application is available in a Portable Document Format (PDF) file entitled �Initial Recommendations CDMP20230018� on the Department�s website at https://energov.miamidade.gov/EnerGov_Prod/SelfService#/home by searching for plan number �CDMP20230018,� and selecting the tab for �Attachments,� or at the following weblink to the Attachments tab: https://energov.miamidade.gov/EnerGov_Prod/SelfService#/plan/50051a30-71b4-4c60-a485-8798ff0f89d8?tab=attachments; and

WHEREAS, in accordance with the applicable County procedures, the directly impacted community council was scheduled to conduct its optional public hearing on the application, but did not have sufficient members to form a quorum to conduct the public hearing and therefore did not issue a recommendation on the Application; and

WHEREAS, the Planning Advisory Board, acting as the Local Planning Agency, has acted in accordance with the applicable State and County procedures and has conducted a public hearing and issued recommendation for the disposition of the Application; and

WHEREAS, section 2-116.1(3)(h), requires the Board of County Commissioners to hold a public hearing within 180 calendar days after the Application filing period unless a greater time is deemed necessary by the Board of County Commissioners, or the Department Director extends the time at the applicant�s request prior to the earliest deadline for the publication of required public hearing notices; and

WHEREAS, by letter dated September 21, 2023, the applicant requested deferral of the Board of County Commissioners' public hearing on the Application, and the Director approved the requested extension; and

WHEREAS, at the public hearing conducted to address the Application, the Board can, by ordinance, take final action to adopt, adopt with change, or not adopt the requested small-scale amendment, or the Board can take action to transmit the Application to the State Land Planning Agency or other state and regional agencies (�reviewing agencies�); and

WHEREAS, the Department may issue final recommendations addressing any small-scale applications that are transmitted to the reviewing agencies; and

WHEREAS, this Board desires to further evaluate, without prejudice, the Application filed for review and action, if hereby transmitted,

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

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. The Board, having considered the following application requesting amendments to the CDMP, hereby directs the Mayor or designee to act in accordance with the transmittal instructions set forth in this section for such application. Where the instruction is to transmit, pursuant to section 2-116.1, Code of Miami-Dade County, the Board directs the Mayor or designee to transmit the application to the reviewing agencies, along with all other materials required pursuant to section 163.3184, Florida Statutes.

Application Number
Applicant/Representative
Location and Size
Requested Amendments to the CDMP Land Use Plan Map or Text
Transmittal Instruction and/or Recommended Action
CDMP20230018
Ocla, LLC / Ben Fernandez, Esq. / Northwest corner of the intersection of SW 192 Street and SW 177 Avenue / �4.38 gross acres / �3.87 net acres.
Requested Amendment to the CDMP
Amendment of the CDMP Future Land Use Map:
From: �Agriculture�
To: �Business and Office
Small-Scale Amendment


Section 3. The Board hereby requests the reviewing agencies to review the transmitted application pursuant to section 163.3184(3), Florida Statutes.

Section 4. The Board hereby reserves the right to take final action without prejudice at a later date to adopt, adopt with changes, or not adopt the pending application and proposals following receipt of comments by the reviewing agencies, and following one or more public hearings by this Board, all as authorized by section 163.3184, Florida Statutes, and section 2-116.1, Code of Miami-Dade County.

Section 5. The Board declares its intention to subsequently advertise and conduct one or more public hearings to address Application No. CDMP20230018.

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Date:

To: Honorable Chairman Oliver G. Gilbert, III
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Resolution for May 2023 Cycle Application No. CDMP20230018 to Amend the Comprehensive Development Master Plan


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The attached resolution addresses a Comprehensive Development Master Plan private application that, under rule 5.05(b)(1) of the Board�s rules of procedure, is exempt from commissioner sponsorship. The staff analysis and fiscal impact statement for this application are discussed in a separate report that appears on this agenda, which, together with this resolution, were prepared by the Department of Regulatory and Economic Resources.





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Jimmy Morales
Chief Operating Officer