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ORDINANCE RELATING TO MIAMI-DADE COUNTY COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING DISPOSITION OF APPLICATION NO. CDMP20230013, LOCATED WEST OF NW 137 AVENUE AND SR-836 INTERCHANGE, AND NORTH SIDE OF THEORETICAL NW 6 STREET, FILED BY KELLY TRACTOR COMPANY IN THE MAY 2023 CYCLE TO AMEND THE COUNTY�S COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE

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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, Code of Miami-Dade County, 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; 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. CDMP20230013 (the �Application�) was filed by a private party as a standard amendment in the May 2023 Cycle of Applications to amend the CDMP (�May 2023 Cycle Application�) 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, 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 Application No. CDMP20230013 to Amend the Comprehensive Development Master Plan,� dated June 2025 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 CDMP20230013� on the Department�s website at https://energov.miamidade.gov/EnerGov_Prod/SelfService#/home by searching for plan number �CDMP20230013,� and selecting the tab for �Attachments,� or at the following weblink to the Attachments tab: https://energov.miamidade.gov/EnerGov_Prod/SelfService#/plan/85a528ca-fa52-4ba9-8a83-a24d51563e8e?tab=attachments; and

WHEREAS, the directly impacted Community Council and the Planning Advisory Board, acting as the Local Planning Agency, have acted in accordance with the applicable State and County procedures and have conducted public hearings and issued recommendations 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, the applicant for Application No. CDMP20230013 requested an extension of time and the Director approved the requested extension, which is included in a supplement report to the Application entitled �Additional Items�; and

WHEREAS, at the public hearing conducted to address transmittal of the standard Application to the State Land Planning Agency and other state and regional agencies (�reviewing agencies�), the Board by resolution, transmitted the Application to the reviewing agencies; 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, this Board has conducted the public hearing required by the referenced procedures preparatory to enactment of this ordinance,

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 takes action on the Application as follows:


Application Number Applicant/Representative
Location and Size
Requested Amendments to the CDMP Land Use Plan Map or Text Final Action
CDMP20230013 Kelly Tractor Company / Luis Figueredo, Esq., Joseph Goldstein, Esq., Juan Mayol Jr., Esq., Alessandria San Roman, Esq., Holland & Knight. / Located west of NW 137 Avenue and SR-836 Interchange, and north side of theoretical NW 6 Street / �246.07 Gross/Net Acres
Requested Amendment to the CDMP
1. Amend the �Open Land Subarea 3� land use category text to create the �MIA Equipment and Supportive Services Area�;
2. Add the proffered Declaration of Restrictions in the Restrictions Table in Appendix A of the CDMP Land Use Element, if accepted by the Board;
3. Amend the CDMP Capital Improvements Element, Table 10A Projects with Developer Responsibility to Construct or Cause to Construct to include developer funded roadway project.

[The applicant revised the original application to withdraw the following requests: 1) Redesignate the application site on the Land Use map; From: �Open Land� (�244.37 acres) and �Industrial and Office� (�1.70 acres), To: �Terminals� (�244.37 acres) and �Industrial and Office� (�1.70 acres); 2) Expand the Urban Expansion Area (UEA) to include the application site. In addition, the applicant revised the application to change the proposed land use text amendment from the �Terminals� category in the Land Use Element to the �Open Land Subarea 3� in order to establish the �MIA Equipment and Supportive Services Area�].

Standard Amendment ADOPT AS TRANSMITTED WITH FURTHER CHANGES
with Acceptance of the Revised Proffered Declaration of Restrictions (Covenant) and with the condition that the Applicant submit the fully executed, revised, legally sufficient Covenant, Opinion of Title, and any joinders within 10 days or the application shall be deemed withdrawn.

[The further changes include the following: (1) revise the text proposed for �Open Land Subarea 3� to delete the word �supportive� and add �MIA Equipment and Supportive Services Area� and make other changes as indicated in the staff handout; and (2) amend the proposed text to replace �Freight Rail Terminals� with �Freight Rail Connection�.

Revisions to the Covenant are to (1) revise condition 1A to provide that �the accessory and ancillary uses must be consistent with the CDMP� and deleting �supportive of the MIA Equipment and Supportive Services Area�; (2) revise Condition 2 to require an Administrative Site Plan Review (ASPR) and deleting language related to establishing land development regulations; (3) add a condition that prior to the issuance of the first temporary certificate of occupancy for any portion of the proposed development, the Owner agrees to have open to traffic or cause to have open to traffic NW/SW 139 Avenue from NW 6 Street to SW 8 Street.; (4) add a condition that any wetland mitigation for the areas on the Property that are, as of January 21, 2026, under either of the existing covenants, shall be done via (1) on-site mitigation or (2) permittee responsible mitigation within Miami-Dade County (which may include permittee responsible mitigation within County parks to the extent permissible), except to the extent that there are wetland mitigation bank credits available at banks in Miami-Dade County and mitigation is done via such credits from within Miami-Dade County; (5) add a condition that the Owner commits to provide and maintain a wildlife habitat corridor connection between the Preservation Areas on the Property (identified in the Restrictive Covenant recorded in Official Records Book 28488, Pages 2722-2731 of the Public Records of Miami-Dade County, Florida), which shall continue to be preserved. Connection may be provided, to the extent permissible, by using stormwater management areas, vegetative open space, or other on-site wetland mitigation areas.]

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Date:

To: Honorable Chairman Anthony Rodriguez
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Ordinance for May 2023 Cycle Application
No. CDMP20230013 to Amend the Comprehensive
Development Master Plan

STAFF RECOMMENDATION
The attached ordinance 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 is referenced in the ordinance and that will be presented as a supplement on the CDMP meeting agenda, which, together with this ordinance, were prepared by the Department of Regulatory and Economic Resources.

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Roy Coley
Chief Utilities and Regulatory Services Officer