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RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO FILE, AT THE APPROPRIATE TIME, AN APPLICATION TO AMEND THE COMPREHENSIVE DEVELOPMENT MASTER PLAN TO ADDRESS THE USE OF TEXT AMENDMENTS THAT MAY FACILITATE URBAN LAND USES ON PROPERTY OUTSIDE THE URBAN DEVELOPMENT BOUNDARY (UDB)

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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, various CDMP policies, including Policies LU-8F, LU-8G, and LU-8H, provide a framework and set out certain requirements that must be satisfied in order to justify expansion of the UDB; and
WHEREAS, CDMP Policies LU-8F, LU-8G, and LU-8H 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, Policy LU-8F addresses requirements relating to the adequacy of land supplies to accommodate development within the UDB; and
WHEREAS, Policy LU-8G provides a list of areas that should be prioritized for inclusion within the UDB, as well as other areas that shall not be considered or should be avoided; and
WHEREAS, in addition to satisfying Policies LU-8F and LU-8G discussed above, Policy LU-8H 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 applicable criteria; and
WHEREAS, this Policy further requires that a zoning application meeting certain specified criteria must be filed concurrently with the LUP map amendment, which brings additional detail about the proposed UDB expansion and uses that the subject property will be put to; and
WHEREAS, these policies are designed to ensure that growth and the expansion of urban uses outside the UDB occur in an orderly manner when a proven need exists and is demonstrated; and
WHEREAS, in addition, section 2-116.1 of the Code of Miami-Dade County (the �County Code�) provides that, subject to limited exceptions, applications requesting amendment to the UDB or to the UEA boundary depicted on the Land Use Plan map, or applications to change the land use classification of land located outside of the UDB to a classification other than Agriculture, Open Land, or Environmental Protection, may be filed only during the May period in odd-numbered years; and
WHEREAS, instead of pursuing an application for a land use map change to expand the UDB to include a particular property, in some instances this Board has seen applicants request solely to amend the CDMP text to assign certain allowances for urban land uses to property located outside the UDB, but without requesting to expand the UDB itself or otherwise amend the LUP map; and
WHEREAS, when the text amendment process is used in this manner, some of the policies that would otherwise apply to expansion of the UDB, and which are designed to ensure that responsible growth outside the UDB occurs only when there is a demonstrated need, may not directly apply and may not result in the applicant having to meet all of the same requirements as when UDB expansion is requested; and
WHEREAS, in addition, text amendment applications are not subject to the every-two-year filing period requirement referenced above; and
WHEREAS, based on all of these considerations, this Board wishes for the administration to prepare an application to amend the CDMP to address the use of text amendments that may alone facilitate urban land uses on property located outside the UDB; and
WHEREAS, section 2-116.1 of the County Code 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 County Mayor�s designee to file an application, at the appropriate time, to amend the Comprehensive Development Master Plan (CDMP) to address the use of text amendments that may facilitate urban land uses on property outside the Urban Development Boundary (UDB), without seeking to expand the UDB or amend the Land Use Plan (LUP) map. At a minimum, such CDMP application shall include provisions to ensure that the use of text amendments to facilitate urban land uses outside the UDB will require a demonstration of need, the avoidance of sprawl-type development, and the mitigation of any loss of agricultural or environmentally-sensitive lands. In addition, and notwithstanding the foregoing, the application shall provide appropriate flexibility for text amendments in certain locations within the Urban Expansion Areas, given that the CDMP identifies these areas, rather than others, as most appropriate for urban expansion under certain circumstances.