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ORDINANCE RELATING TO MIAMI-DADE COUNTY COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING DISPOSITION OF APPLICATION NO. CDMP20210013, LOCATED ON THE NORTH SIDE OF SW 122 STREET ADJACENT TO THE WEST SIDE OF THE SOUTH DADE TRANSITWAY, FILED BY SOUTH DIXIE AND 122 LLC, IN THE OCTOBER 2021 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 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, including the process for adoption of small-scale comprehensive plan amendments (�small-scale amendments�) set forth in section 163.3187, 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, Miami-Dade County�s procedures also provide for the processing of CDMP amendment applications concurrently with zoning applications; and

WHEREAS, Application No. CDMP20210013 (the �Application�) was filed by a private party in the October 2021 Cycle Applications to amend the CDMP (�October 2021 CDMP Amendment Cycle�) and is contained in the document titled �October 2021 Cycle of Applications to Amend the Comprehensive Development Master Plan,� dated November 2021, and kept on file with and available upon request from the Department; and

WHEREAS, the Application is eligible and has requested adoption as a small-scale amendment; and

WHEREAS, the Application has also requested to be processed concurrently with Zoning Application No. Z2022000148; 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 Application No. CDMP20210013 to Amend the Comprehensive Development Master Plan,� dated September 2022 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 CDMP20210013� on the Department�s website at https://energov.miamidade.gov/EnerGov_Prod/SelfService#/home by searching for plan number �CDMP20210013,� and selecting the tab for �Attachments,� or at the following weblink to the Attachments tab: https://energov.miamidade.gov/EnerGov_Prod/SelfService#/plan/8c7bd24b-bf83-47e2-9bfc-6c1291d9b765?tab=attachments; and

WHEREAS, in accordance with the applicable County procedures, the directly impacted community council was scheduled to conduct its optional public hearing on the application, but did not have sufficient members to form a quorum to conduct the public hearing and therefore did not issue a recommendation on the Application; and

WHEREAS, the Planning Advisory Board, acting as the Local Planning Agency, has acted in accordance with the applicable State and County procedures and has conducted a public hearing and issued a recommendation 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, by letters dated February 4, 2022; March 17, 2022; September 23, 2022; and April 6, 2023, the applicant requested deferrals of the Board of County Commissioners' public hearing on the Application, to facilitate coordination of the Application with the concurrent Zoning Application No. Z2022000148, and the Director approved the requested extensions; and

WHEREAS, at the public hearing conducted to address the Application, the Board can, by ordinance, take final action to adopt, adopt with change, or not adopt the requested small-scale amendment, or the Board can take action to transmit the Application to the State Land Planning Agency or other state and regional agencies (�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 desires to take 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
CDMP20210013 South Dixie and 122, LLC / Melissa Tapanes Llahues, Esq., Maritza Haro Salgado, Esq. / North Side of SW 122 Street adjacent to west side of the South Dade Transitway / �1.72 gross / �1.59 net acres.
Requested Amendment to the CDMP
1. Release of an existing CDMP Declaration of Restrictions recorded in Official Records Book 29644, Page 3675 of the Public Records of Miami-Dade County, Florida.
2. Add the proffered Declaration of Restrictions to the Restrictions Table in Appendix A of the CDMP Land Use Element.

Small-Scale 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 163.3187(5)(c), Florida Statutes, the effective date of any small-scale comprehensive plan amendment approved by this ordinance shall be 31 days after adoption by the Board, if the amendment is not timely challenged. If challenged within 30 days after adoption, the challenged small-scale comprehensive plan amendment shall not become effective until a final order is issued by the State Land Planning Agency or the Administration Commission determining the adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on such individual amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this individual 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 sh
all 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 Oliver G. Gilbert, III
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Ordinance for October 2021 Cycle Application No. CDMP20210013 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.




______________________
Jimmy Morales
Chief Operations Officer