TITLE
RESOLUTION PERTAINING TO OUT-OF-CYCLE APPLICATION NO. CDMP20250006, FILED BY BISCAYNE SHORES DEVELOPMENT GROUP, LLC, REQUESTING AMENDMENTS TO THE COMPREHENSIVE DEVELOPMENT MASTER PLAN; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO ACT IN ACCORDANCE WITH THE TRANSMITTAL INSTRUCTIONS INCLUDED IN THIS RESOLUTION RELATED TO APPLICATION NO. CDMP20250006, LOCATED BETWEEN BISCAYNE BOULEVARD AND NE 14 AVENUE AND BETWEEN NE 114 TERRACE AND NE 115 STREET, ABUTTING ON THE SOUTH SIDE OF THE BISCAYNE SHORES AND GARDENS PARK; REQUESTING THE STATE LAND PLANNING AGENCY TO REVIEW APPLICATION NO. CDMP20250006; RESERVING THE RIGHT TO TAKE FINAL ACTION AT A LATER DATE; AND DECLARING INTENT TO CONDUCT ONE OR MORE SUBSEQUENT PUBLIC HEARINGS

BODY
WHEREAS, pursuant to chapter 163, part II, Florida Statutes, the Miami-Dade County 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; 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 and set forth the processes for adoption of small scale and standard amendments; 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, Miami-Dade County�s procedures also provide for the processing of CDMP amendment applications concurrently with zoning applications; and

WHEREAS, Application No. CDMP20250006 (the �Application�) was filed by a private party as a standard amendment as an Out-of-Cycle of Application to amend the CDMP (�Out-of-Cycle Application�) and is contained in the document titled �Out-of-Cycle of Application to Amend the Comprehensive Development Master Plan,� dated November 2025, and kept on file with and available upon request from the Department; and

WHEREAS, the Application has also requested to be processed concurrently with Zoning Application No. Z2025000097; 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 for Out-of-Cycle Application No. CDMP20250006 to Amend the Comprehensive Development Master Plan,� dated May 2026 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 CDMP20250006� on the Department�s website at https://energov.miamidade.gov/EnerGov_Prod/SelfService#/home by searching for plan number �CDMP20250006,� and selecting the tab for �Attachments,� or at the following weblink to the Attachments tab: https://energov.miamidade.gov/EnerGov_Prod/SelfService#/plan/58381d29-a44c-4378-83ab-a4a921caa93f; 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), Code of Miami-Dade County, 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. CDMP20250006 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 Department may issue final recommendations addressing the 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 County Mayor or County Mayor�s 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 County Mayor or County Mayor�s 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
CDMP20250006 Biscayne Shores Development Group, LLC / Jeffrey Bercow, Esq., Matthew Amster, Esq., and Roberto Alvarez, Esq., Bercow Radell Fernandez Larkin & Tapanes, PLLC. / Between Biscayne Boulevard and NE 14th Avenue and between NE 114th Terrace and NE 115th Street, abutting on the south side of the Biscayne Shores and Gardens Park
Requested Amendment to the CDMP
1. Amend the �High Density Residential� land use category text on page I-32 of the CDMP Land Use Element.
2. Redesignate the application site:
From: �Business and Office� and �Medium Density Residential� (13 to 25 dwelling units per gross acre)
To: �High Density Residential� (60 to 125 dwelling units or more per gross acre).
3. Add the proffered Declaration of Restrictions in the Restrictions Table in Appendix A of the CDMP Land Use Element, if accepted by the Board of County Commissioners.
Standard Amendment Transmit and Adopt with Acceptance of the Proffered Declaration of Restrictions, per the Applicant�s Request
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 subsequent 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 advertise and conduct one or more subsequent public hearings in calendar year 2026 to address the Application.

HEADER
Date:

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

From: Daniella Levine Cava
Mayor

Subject:Resolution for Out-of-Cycle Application No. CDMP20250006 to Amend the Comprehensive Development Master Plan

STAFF RECOMMENDATION
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.

_________________
Roy Coley
Deputy Mayor