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ORDINANCE RELATING TO MIAMI-DADE COUNTY COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING DISPOSITION OF 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; FILED BY BISCAYNE SHORES DEVELOPMENT GROUP, LLC AS AN OUT-OF-CYCLE APPLICATION 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 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 Board must take final action to adopt, adopt with change, or not adopt Application No. CDMP20250006 to amend the CDMP no later than 45 days after receipt of written comments from the reviewing agencies addressing transmitted applications, unless a greater time period is deemed necessary by the Director of the Department, pursuant to section 2-116.1(4)(a) of the Code of Miami-Dade County, Florida; 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 desires to take action on Application No. CDMP20250006 as follows:

Application Number
Applicant/Representative
Location and Size
Requested Amendments to the CDMP Land Use Plan Map or Text
Final 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


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 the Code of Miami-Dade County, Florida.

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: Agenda Item No.

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

From: Daniella Levine Cava
Mayor

Subject: Ordinance for Out-of-Cycle Application No. CDMP20250006 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.




______________________
Roy Coley
Deputy Mayor