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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, legally sufficient Covenant, Opinion of Title, and any necessary joinders within 7 days or the application shall be deemed withdrawn.

[The further changes include: (1) revision to the �Open Land Subarea 3� text to: delete the previously proposed �and supportive� and insert �or the MIA Equipment and Supportive Services Area�; and (2) revise the proposed �MIA Equipment and Supportive Services Area� text to: i) Specify it encompasses �246.07 acres, include a description of the geographic boundaries, and add Figure 6.1; ii) �replace prior MIA Transportation and Infrastructure Support Area� references with current �MIA Equipment and Supportive Services Area� iii)
replace �Freight Rail Terminals� with �Freight Rail Connection�; iv) update from 2026 to 2029 the deadline when the required new land development regulations are to be developed; v) revise the minimum 10% open space development criterion to allow certain water bodies to satisfy up to 20% of the open space requirement; and vi) require a minimum 63.11 acres of onsite preservation areas, with a prohibition on required public right-of-way dedications counting towards the 63.11 acres.]

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.

Section 4. It is the intention of the Board, and it is hereby ordained that the provisions of this ordinance shall be excluded from section 2-116.1, Code of Miami-Dade County.

Section 5. Pursuant to section 163.3184(3)(c)4, Florida Statutes, the effective date of any plan amendment adopted in this ordinance 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 plan 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 the adopted amendment may be issued or commence before the plan amendment has become effective. If a final order of noncompliance is issued by the Administration Commission, the plan amendment may nevertheless be made effective, subject to the imposition of sanctions pursuant to section 163.3184(8), Florida Statutes, 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.

Section 6. 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 Board.

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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