TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO FILE AN APPLICATION TO AMEND THE COMPREHENSIVE DEVELOPMENT MASTER PLAN (CDMP) TO ALLOW ADDITIONAL FLEXIBILITY IN SATISFYING THE MINIMUM ACREAGE REQUIREMENT FOR COMMERCIAL VEHICLE STORAGE IN AUTHORIZED LOCATIONS; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO CONDUCT AN EVALUATION AND PREPARE A REPORT RELATING TO VACANT COUNTY-OWNED PARCELS THAT MAY BE SUITABLE FOR COMMERCIAL VEHICLE STORAGE; AND DIRECTING A LIMITED STAY OF CERTAIN ENFORCEMENT ACTIONS

BODY
WHEREAS, commercial vehicles�which are commonly referred to as tractor trailers or semi trucks�play an important role in our local, state, and national economies by providing for the efficient and timely transport of goods; and
WHEREAS, these commercial vehicles travel on various expressways and roadways in Miami-Dade County, including interstates, toll roads, and major thoroughfares such as Krome Avenue in the western part of the County; and
WHEREAS, pursuant to Ordinance No. 20-116, the Board adopted certain amendments to the County�s Comprehensive Development Master Plan (CDMP), including an allowance for commercial vehicle storage�commonly referred to as truck parking�on properties of at least 10 acres in certain areas designated as Open Land Subarea 1 and Agriculture on the CDMP�s Land Use Plan map; and
WHEREAS, that CDMP amendment was intended to address the demand for commercial vehicle storage in a responsible and environmentally conscious manner; and

WHEREAS, subsequently, the Board also adopted Ordinance No. 21-42 to implement the above-referenced CDMP amendment through the County�s zoning and environmental regulations; and
WHEREAS, for example, section 33-279 of the Code currently provides that the minimum site size for commercial vehicle storage shall be 10 gross acres and that the site may consist of a single parcel or separate parcels that are �[a]djoining, adjacent, or within 660 feet of each other� and subject to a unity of title or equivalent instrument; and
WHEREAS, while there is still a need for additional commercial vehicle storage, the 10-acre minimum and related parameters set forth in section 33-279 may present challenges for new commercial vehicle storage locations to be realized; and
WHEREAS, accordingly, this Board wishes to consider adopting amendments to the CDMP and the County Code to provide additional flexibility to property owners wishing to establish new commercial vehicle storage opportunities in authorized locations in the County; and
WHEREAS, specifically, changes should be made to allow properties that are within a certain distance of one another to be aggregated to achieve the minimum acreage requirement, even if such properties are not adjoining, adjacent, or within 660 feet of one another; and
WHEREAS, providing this type of flexibility could allow for properties that are very near to one another�such as, for example, where they are separated only by a roadway or a single intervening parcel�to be utilized in a unified manner; and
WHEREAS, alternatively, such flexibility could account for circumstances where properties may not be adjacent or proximate to one another, but are nonetheless under common ownership and operate in a unified manner as part of a single business concern; 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; and
WHEREAS, the Board wishes to direct the administration to prepare and file an application to amend the CDMP and to present such application for the Board�s consideration at the earliest opportunity,
����������� NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are approved and are incorporated herein.
Section 2. This Board hereby directs the County Mayor or County Mayor�s designee to:
(a) file an application to amend the CDMP at the earliest opportunity to allow additional flexibility in satisfying the minimum acreage requirement for commercial vehicle storage in authorized locations. Such amendment should, at a minimum, allow properties that are within a certain distance of one another to be aggregated to achieve the minimum acreage requirement, even if such properties are not adjoining, adjacent, or within 660 feet of one another�such as, for example, where two or more properties are separated only by a roadway or single intervening parcel of land or where such properties are under common ownership and part of a unified business operation. The County Mayor or County Mayor�s designee shall also prepare appropriate legislation revising the applicable zoning and environmental County Code provisions to implement this CDMP amendment.
(b) conduct an evaluation of all vacant County-owned properties across Miami-Dade County and identify which properties may be suitable for commercial vehicle storage, and provide a report with recommendations. The report shall list all vacant County-owned properties throughout both the unincorporated and incorporated areas of the County by Commission District, along with the current CDMP land use designation and zoning district for each property, and indicate any changes that may be needed to such land use designation and zoning to facilitate commercial vehicle storage. In recommending which properties may be suitable for commercial vehicle storage, the report shall address, among other considerations, the proximity of each property to major roadways or highways, compatibility with nearby land uses, any environmental considerations, and any impediments to the use of such property for commercial vehicle storage.
The County Mayor�s administration shall provide the aforementioned report to this Board within 90 days of the effective date of this resolution and shall place the completed report on an agenda of the full Board without committee review pursuant to rule 5.06(j) of the Board�s Rules of Procedure.
Section 3. The County Mayor or County Mayor�s designee is hereby directed to cease enforcement of the CDMP and Code against any property owner for commercial vehicle storage violations that would be legalized through (a) the CDMP application directed by this Resolution and/or (b) any related Code changes. Enforcement against such properties shall be suspended upon this Resolution becoming effective and shall last for a period of one year; provided, however, that this directive shall not require the cessation of enforcement against other violations (including, but not limited to, environmental violations) that would not be legalized as a result of the above-referenced CDMP application and/or Code changes. The County Attorney�s Office is also directed to seek a stay of any civil action to collect on the civil penalties or to foreclose a lien, where the civil action relates in whole or in part to such commercial vehicle storage violations, for a period of one year.