Miami-Dade Legislative Item
File Number: 251500
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File Number: 251500 File Type: Ordinance Status: Adopted
Version: 0 Reference: 26-71 Control: County Commission
File Name: CDMP20230013 Introduced: 7/8/2025
Requester: Regulatory and Economic Resources Cost: Final Action: 9/1/2026
Agenda Date: 9/1/2026 Agenda Item Number: 7F
Notes: Title: ORDINANCE RELATING TO MIAMI-DADE COUNTY COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING DISPOSITION OF APPLICATION NO. CDMP20230013, LOCATED WEST OF NW 137 AVENUE AND SR-836 INTERCHANGE, AND NORTH SIDE OF THEORETICAL NW 6 STREET, FILED BY KELLY TRACTOR COMPANY IN THE MAY 2023 CYCLE TO AMEND THE COUNTY’S COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE
Indexes: NONE
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed

Legislative History
Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail
Board of County Commissioners 9/1/2026 7F Adopted P
Board of County Commissioners 7/21/2026 7D Deferred 9/1/2026
REPORT: The foregoing proposed ordinance was deferred to the September 1, 2026, Board meeting.
Board of County Commissioners 6/2/2026 7D Deferred 7/21/2026
Board of County Commissioners 5/5/2026 7D Deferred 6/2/2026
REPORT: The foregoing proposed ordinance was deferred to the June 2, 2026 Board meeting.
BCC - Comprehensive Development Master Plan & Zoning 4/23/2026 7A Deferred to the BCC following a public hearing 5/5/2026
BCC - Comprehensive Development Master Plan & Zoning 3/19/2026 Meeting cancelled
Mayor 2/1/2026 Vetoed
REPORT: County Mayor Levine Cava presented a Veto Message to the Clerk of the Board's office on February 1, 2026 at 1:55 p.m.
BCC - Comprehensive Development Master Plan & Zoning 1/22/2026 7A Reconsidered item and to be advertised for March 19, 2026 CDMP and Zoning meeting
REPORT: ACA Schwaderer Raurell advised that the foregoing item was a standard application before the Board for public hearing and final adoption. She read the title of the proposed ordinance into the record, identifying it as application CDMP-2023-0013, filed by Kelly Tractor Company in the May 2023 cycle. The application concerned property located west of the NW 137 Avenue and SR 836 interchange, on the north side of theoretical NW 6 Street. Chairman Rodriguez opened the public hearing, and the following individuals appeared before the Board in opposition: 1. Mr. Samuel Conde Alejandro, 15535 Cairnryan Court, Miami Lakes, FL; 2. Mr. Preston Horne, 9081 SW 54 Street, Cooper City, FL; 3. Ms. Jessica Diaz Ramos, 21013 NW 14 Place, Miami, FL; 4. Mr. Daniel Mlodozeniec, Tropical Audubon Society, 80 Chateau Court, Depew, NY; 5. Mr. Easton Erosa, 66-027 Waialua Beach Road, Haleiwa, HI; 6. Ms. Kylie Gil, Tropical Audubon Society, 18062 SW 152 Court, Miami, FL; 7. Ms. Jade Simonetti Ogando, 14270 Alafaya Oak Boulevard, Orlando, FL; 8. Ms. Laura Reynolds, Hold the Line Coalition, 6820 SW 64 Court, South Miami, FL; 9. Ms. Karina Urena, 251 SW 132 Way, Pembroke Pines, FL; 10. Mr. Joseph Roca, 16272 SW 75 Street, Miami, FL; 11. Ms. Berenice Yanez, 500 NE 29 Street, Miami, FL; 12. Mr. Will Larkins, 2809 Bower Road, Winter Park, FL; 13. Mr. Michael Perez, 15330 SW 155 Court, Miami, FL; 14. Ms. Valeria Donets, Friends of Biscayne Bay, 4600 SW 67 Avenue, Miami, FL; 15. Ms. Sophia Maya, Fontainebleau Boulevard, Miami, FL; 16. Mr. Karim Suz, 27504 SW 140 Avenue, Homestead, FL; 17. Ms. Eileen Bravo, no address given; 18. Ms. Cardinal Alfonso, 14229 SW 97 Terrace, Miami, FL; 19. Mr. Damian De Jesus, West Miami, FL; 20. Ms. Angelica Lugo, 312 SW 32 Avenue, Miami, FL; 21. Ms. Angelina Talavera, 26871 SW 119 Court, Homestead, FL; 22. Ms. Imani Harley, Sunrise, FL; and 23. Mr. Alberto Rosales, 7131 SW 149 Avenue, Miami, FL. There being no other speakers, Chairman Rodriguez closed the public hearing. Ms. Alessandra San Roman, Holland & Knight, 701 Brickell Avenue, Miami, FL, and Mr. Ed Swakon, President, EAS Engineering, 55 Almeria Avenue, Coral Gables, FL, appeared before the Board on behalf of the applicant. Before the presentation, Chairman Rodriguez noted that many speakers had referred to a parking garage, which was not reflected in the site plan, and asked whether the site plan had changed. Ms. San Roman responded that there had been no changes since the July 2025 transmittal hearing. She explained that the site would remain the Kelly Tractor headquarters with equipment storage, similar to the existing site, and no parking facility. Staff further confirmed that no parking garage was included in the uses requested for the MIA Equipment and Supportive Services Area. With the assistance of Mr. Swakon, Ms. San Roman presented the application, highlighting the following information: • Overview of Kelly Tractor Co. • Existing Kelly Tractor facility in Doral • Application Area • Open Land Subarea 3 (Tamiami-Bird Canal Basin) • Request to add the MIA Equipment and Supportive Services Area to the "Open Land" land use category • MIA Equipment and Supportive Services Area • Additional Uses • Conceptual Master Site Plan • Support for MIA Equipment and Supportive Services Area • Proposed facility served a public interest and necessity • Consistent with current and proposed developments • Roadway Network • Declaration of Restrictions for the Proposed Development • Modification of the Agricultural Ridge and Furrow System Covenant • Mitigation Assessment Methodology of Current Site Conditions • Expansion of the Conservation Easement and Bayhead Covenant • Transmittal results from state agency reviews • Application support documentation • Key Takeaways • South Florida Environmental and Infrastructure Projects • Direct Support for Limestone Quarries, Particularly in the Lake Belt Area • Kelly Tractor Site Selection Criteria: ROZA and UEA • Environmental Considerations: BBSEER and WPA Commissioner Bermudez noted that both the existing and proposed Kelly Tractor sites were located in District 12. He stated that the application was not about a parking garage, but about relocating and expanding a facility that served the community and supported County infrastructure needs. He added that the area already contained several similar uses, including School Board parking, truck parking, a Target, and a South Florida Water Management District facility. He noted that Kelly Tractor employed more than 400 people, and the relocation was expected to create up to 1,000 additional jobs and generate more than $2.6 million annually in local taxes. In response to Commissioner Bermudez’s questions as to whether Broward County had an Urban Development Boundary (UDB), staff confirmed that it did not. Commissioner Bermudez further noted that the company provided landing pads, training space, vehicle parking, and hurricane debris management support to the County during emergencies. He observed that no residents from the surrounding area had appeared in opposition and emphasized that the project would still require permits from the Division of Environmental Resources Management (DERM) and the State. Expressing his support, he moved to approve the application. Chairman Rodriguez noted that the application appeared to require nine (9) votes and cautioned the Board to be mindful of members' availability. Commissioner Regalado addressed the change from a freight rail terminal to a freight rail connection and asked whether the applicant's intent was limited to rail access and a spur. Ms. Lourdes Gomez, Director explained that staff had been concerned about the terminal use, because its definition included hotels and other broader commercial uses. Ms. San Roman confirmed that the applicant had agreed to limit the use to a freight rail connection, allowing Kelly Tractor to receive and ship heavy equipment by rail. Turning to roadway issues, Commissioner Regalado noted that NW 139 Avenue could not be extended through the property because of environmental and archaeological restrictions, including a burial ground, and asked for the applicant's alternative. Ms. San Roman stated that the applicant would build NW 142 Avenue through the property. Ms. Gomez explained that the obstacles along NW 139 Avenue were to the north, while staff had requested connectivity to the south because of the roadway failure on NW 137 Avenue. She added that NW 142 Avenue would be an on-site improvement and would not resolve the failure of external roadways. She noted that staff had discussed language requiring the applicant to construct the improvement, or not to open until adequate roadway capacity was in place. In response, Ms. San Roman read into the record proposed language providing that, prior to the issuance of the first final certificate of occupancy for any portion of the development, the owner would open, or cause to be opened, SW 139 Avenue from SW 6 Street to SW 8 Street. ACA Schwaderer Raurell requested a written copy of the language, since it was not yet included in the covenant. Ms. San Roman confirmed that the improvement would be at the applicant's cost, and Ms. Gomez stated that this would address staff's roadway concern. Commissioner Regalado then turned to the wetlands. She noted that the applicant proposed to expand the existing bayhead from 10 to 18 acres and the western conservation area from 12 to 15 acres. She asked whether the applicant would agree to connect the two preserved areas to allow water flow and wildlife movement. Mr. Swakon stated that the site plan included substantial on-site water management areas and that he believed the bayhead could be connected to other wetland areas to maintain wildlife connectivity. The applicant agreed to include this commitment in the covenant, and Ms. Gomez stated that it was acceptable. Commissioner Regalado addressed staff's request regarding the 62 acres already under wetland covenants. Ms. Gomez explained that, while staff was open to relocation, it had sought a one-to-one preservation of the covenanted 62 acres on site to satisfy the CDMP's habitat preservation policies, without allowing double counting. Mr. Swakon stated that he had understood staff's request to include the existing preserved areas within the 63-acre total. He explained that he did not believe it was environmentally appropriate to require on-site mitigation at the land use stage. In his view, consolidating mitigation off site could be more beneficial than preserving small, isolated areas surrounded by industrial development. He added that the applicant would honor the existing covenants and permit obligations, without double counting, when modifying them. Commissioner Regalado acknowledged that staff's request represented a substantial increase in preserved acreage and emphasized the importance of connecting the wetlands. She stated that she generally preferred Environmentally Endangered Lands (EEL) property donated to the County over mitigation banks, but noted that availability near the site could be limited. She then asked Ms. Gomez what additional mitigation would occur during the permitting process. Ms. Gomez explained that the applicant would be required to provide significant mitigation for the remaining wetlands under the normal rules. However, she noted that state law had changed regarding where mitigation could occur, meaning that losing the 62 covenanted acres could result in mitigation being located as far away as North Florida. She emphasized that this acreage was already under covenant as mitigation for a prior impact, which made it distinct. Commissioner Regalado asked whether the County could require, by covenant, that mitigation remain within Miami-Dade County. ACA Schwaderer Raurell advised that staff might be able to draft language, such as requiring the applicant to perform the mitigation on another property within the County rather than through a mitigation bank. Commissioner Regalado recommended that the applicant commit to keeping mitigation within Miami-Dade County and expressed support for a countywide policy to that effect. She added that the applicant could likely preserve several additional acres on site. At Commissioner Cohen Higgins' request, Ms. Gomez completed her earlier remarks. She explained that state law allowed mitigation through a mitigation bank or at another location. However, because an existing permit already required mitigation for the 62 acres on this site, staff did not want to lose that committed mitigation to an outside location. She acknowledged that consolidating mitigation elsewhere could have value, but noted that this could not be determined at the meeting. She added that releasing the covenant would give the applicant the legal right to propose relocating the mitigation. Commissioner Gonzalez emphasized the importance of infrastructure when building in areas lacking it, noting that staff had found the roadway infrastructure inadequate. He asked the applicant to explain what infrastructure it would provide, who would pay for it, and whether that commitment would be in writing. Ms. San Roman stated that the applicant would build NW 142 Avenue, NW 9 Lane, and NW 6 Street on its property. She added that NW 139 Avenue would need to be open before the applicant received its first final certificate of occupancy, even if other developers built portions of it first. She further explained that the environmentally sensitive areas would remain within the covenanted wetlands, including the expanded bayhead and the protected burial grounds. Commissioner Gonzalez asked whether the proposed language would sufficiently address the infrastructure concerns. Ms. Gomez requested that "final certificate of occupancy" be changed to "temporary certificate of occupancy," since a temporary certificate allowed occupancy, and the applicant agreed on the record. Commissioner Gonzalez noted that the 62 covenanted acres had initially been a deal breaker for him, but that he was encouraged by the discussion. He asked the applicant to explain its plan to offset those acres and keep the mitigation within Miami-Dade County. Mr. Swakon explained that the existing permits and both declarations of restrictions would need to be modified for the project to proceed. He stated that the bayhead and western preservation areas would remain intact and be expanded. He added that the remaining wetlands would be evaluated either under the terms of the agricultural covenant or under current standards, with the resulting impacts offset on site, at an adjacent location, or through a mitigation bank. He then confirmed that the applicant was prepared to commit to mitigating its impacts within Miami-Dade County. Commissioner Gonzalez asked whether the County could enforce such a covenant under Florida law. ACA Schwaderer Raurell explained that the County could likely enforce a commitment involving on-site or permittee-responsible mitigation. However, the purchase of mitigation bank credits was governed by state law, and the County might not be able to enforce that commitment. Ms. San Roman proposed language prioritizing Miami-Dade County to the extent available. After ACA Schwaderer Raurell noted concerns with that wording, Commissioner Gonzalez asked whether the applicant would agree to purchase land if credits were unavailable, and Ms. San Roman agreed. ACA Schwaderer Raurell offered to draft a condition requiring on-site or permittee-responsible mitigation, unless mitigation bank credits were available within Miami-Dade County. Commissioner Cohen Higgins asked why the application included language that would lower the voting requirement for subsequent use approvals on the site from a two-thirds vote to a simple majority. Ms. San Roman explained that, under County Code Section 2-116.1, text amendments required a simple majority, and the applicant had asked to be treated like similar text amendments with a seven-vote threshold. ACA Schwaderer Raurell stated that the application had been identified as requiring nine (9) votes on the checklist at transmittal. She explained that the requirement stemmed from Policy LU-3Q of the CDMP, which required an affirmative vote of two-thirds of the total membership. She added that any change to that policy would not take effect until the CDMP amendment itself became effective, so the current requirement governed the Board's vote. Ms. San Roman responded that the applicant was not requesting a change but had understood the application to require seven (7) votes. She cited a previously approved truck parking text amendment in the same area that she stated had been approved with seven votes. Ms. Gomez read Policy LU-3Q into the record and explained that it required a two-thirds vote of the total membership for any action that would allow or liberalize uses outside the UDB within one mile of the SR 836 Southwest Extension. Commissioner Cohen Higgins expressed concern about precedent and consistency and asked staff to explain why different policies appeared to have been applied to similar applications. Ms. San Roman identified the prior application as the Terra application, approved on March 16, 2023, as Agenda Item 7A. While staff researched the matter, Commissioner Bermudez noted that the Board had just unanimously approved a private wetland mitigation bank. He also referenced Milton E. Thompson Park, a County park of approximately 618 acres in District 12, noting that an existing ordinance allowed degraded parks to be restored as mitigation sites. He encouraged staff to direct future mitigation to sites within the County. Ms. Gomez subsequently reported that the Terra application had been approved by a two-thirds vote. Chairman Rodriguez clarified that he wanted to know both the actual vote and the vote required at that time. Commissioner Gonzalez agreed, emphasizing that the Board needed to know what had been required. In response to questions from Commissioner Gilbert III, ACA Schwaderer Raurell confirmed that text amendments required nine (9) votes under certain circumstances and that those circumstances applied to this application. She further reported that the Clerk of the Board's minutes for the Terra application reflected that the Assistant County Attorney at the time had announced that a two-thirds vote of the full membership was required. Ms. San Roman stated that the cover sheet of the Terra ordinance indicated a seven-vote requirement, and Chairman Rodriguez asked that copies be provided to the Clerk. ACA Schwaderer Raurell noted that the checkmark on that document may have been placed incorrectly, but the requirement had been announced on the record as two-thirds. When Commissioner Cohen Higgins asked whether the applicant was still requesting a reduced vote threshold, Ms. San Roman stated that it had never been part of the request. She added that the applicant had first learned of the two-thirds requirement shortly before the meeting, despite a three-year process. Vice Chairman McGhee observed that the applicant appeared to have relied on documentation provided by the administration and asked who had prepared the application package. ACA Schwaderer Raurell clarified that the checklist for the current application had always indicated a nine-vote requirement, while the checklist the applicant had cited belonged to the 2023 Terra application. Responding to Vice Chairman McGhee’s question about what would prevent the Board from applying the same standard used for the prior application, ACA Schwaderer Raurell explained that the prior application had been announced as requiring two-thirds and had received the necessary votes. She added that the current application was governed by the Board's adopted CDMP policy requiring nine votes. Ms. San Roman confirmed that the applicant's position rested on its reliance on the prior action and on the conflict between the Code and the CDMP. Commissioner Gilbert III asked whether the wetland issue had been resolved. In response, ACA Schwaderer Raurell read the proposed covenant condition into the record, which required that mitigation for the covenanted wetland areas be done on site or through permittee-responsible mitigation within Miami-Dade County, unless mitigation bank credits were available within the County. Commissioner Gilbert III found the language acceptable. Commissioner Regalado agreed, while noting her continued preference for EEL lands, and Commissioner Bermudez also expressed support. Commissioner Gilbert III noted that he had followed the entire hearing via webcast while traveling to the meeting and confirmed that he was fully briefed and prepared to vote. Referencing Resolution No. R-1170-25, Vice Chairman McGhee asked whether the applicant would be willing to direct its mitigation investment toward the park referenced by Commissioner Bermudez. Mr. Swakon stated that the applicant would consider it, subject to approval from the other permitting agencies. Chairman Rodriguez clarified for the record that the applicant's answer was yes, so long as the other agencies agreed. Commissioner Steinberg acknowledged the improvements made to the application during the discussion. However, she stated that she still had serious concerns and would not support the application. ACA Schwaderer Raurell restated the motion to adopt the application with the following changes: · adding Paragraph 5 of the applicant's revised covenant, related to roadway mitigation, with "final certificate of occupancy" replaced by "temporary certificate of occupancy"; · adding a covenant provision requiring that any wetland mitigation for the areas currently under covenants be done through on-site mitigation or permittee-responsible mitigation within Miami-Dade County, which could include permittee-responsible mitigation within County parks to the extent permissible, except to the extent that wetland mitigation bank credits were available within Miami-Dade County and mitigation was done through those credits; · deleting the words "and supportive" from the first paragraph on page MDC-022, pursuant to staff's Recommended Revision No. 1; · replacing "freight rail terminals" with "freight rail connection" on page MDC-023, pursuant to staff's Recommended Revision No. 3; · replacing the language following "Subarea 3" on page 2, paragraph (A) of the covenant with "which are consistent with the CDMP"; · replacing the language following "Subarea 3" on page 3, item 2 of the covenant with language requiring the applicant to submit and obtain site plan approval through the ASPR process; and · adding a covenant provision requiring connectivity between the two preserved wetlands, which could be achieved through the site plan, wetland mitigation, wetland preservation, or stormwater management. Mr. Swakon noted that the primary purpose of the connectivity would be wildlife movement, since water on the site was groundwater-driven. Commissioner Regalado clarified that the connection should allow water to collect and move between the two areas. ACA Schwaderer Raurell noted that, because this was a standard application subject to strict state timelines, the revised covenant and opinion of title would need to be submitted within 10 days. Chairman Rodriguez and the applicant agreed to the condition. Commissioner Cohen Higgins asked how the applicant would actually connect wetlands on opposite ends of the property. Mr. Swakon explained that the site's required stormwater management areas could be arranged to create the connection. Commissioner Regalado added that the connection would hold water during the wet season and still provide a wildlife corridor during the dry season. In response to Chairman Rodriguez's request for further clarification, Mr. Swakon explained that the site plan included substantial water management areas required under the North Trail Basin cut-and-fill criteria, which could be distributed across the site to provide the connection. Chairman Rodriguez stated that the explanation addressed his questions, confirming that the connection did not need to follow a direct path between the two wetlands. Hearing no further questions or comments, the Board voted to approve the application, subject to the applicant’s revised of restrictions and the changes and conditions restated by ACA Schwaderer Raurell earlier in the meeting. Pursuant to a motion made at the January 22, 2026 CDMP & Zoning meeting by Commissioner Bermudez and seconded by Vice Chairman McGhee; with a resulting vote of 9-2 (Commissioners Cohen Higgins and Steinberg voted "no"; Commissioner Bastien and Senator Garcia were absent); the foregoing item was adopted with change and assigned Ordinance No. 26-4. Note: The Mayor's Veto Message was filed with the Clerk of the Board on February 1, 2026 at 1:55 p.m. The foregoing item will be scheduled for the February 18, 2026 Board of County Commissioners (Board) meeting for consideration. The Mayoral Veto related to this item was considered at the February 18, 2026 Board meeting as Agenda Item 2A1. Commissioner Bermudez moved to reconsider Ordinance #26-04 and to advertise the item for the March 19, 2026 CDMP & Zoning meeting. This motion was seconded by Vice Chairman McGhee, and upon being put to a vote, passed 9-4 (Commissioners Bastien, Lopez, Regalado and Steinberg voted "No").
BCC - Comprehensive Development Master Plan & Zoning 7/17/2025 4A1 Adopted on first reading P
REPORT: The foregoing proposed ordinance was adopted on first reading and will be scheduled for a public hearing before the Board at a future date.
County Attorney 7/10/2025 Assigned James Eddie Kirtley 7/10/2025
ROY COLEY 7/9/2025 Assigned Office of Agenda Coordination
Office of Agenda Coordination 7/9/2025 Assigned County Attorney 7/17/2025
REPORT: RER - CAO name not provided - no sponsor - public hearing - Attachments: none - item has 7 pages
Legislative Text

TITLE
ORDINANCE RELATING TO MIAMI-DADE COUNTY COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING DISPOSITION OF APPLICATION NO. CDMP20230013, LOCATED WEST OF NW 137 AVENUE AND SR-836 INTERCHANGE, AND NORTH SIDE OF THEORETICAL NW 6 STREET, FILED BY KELLY TRACTOR COMPANY IN THE MAY 2023 CYCLE TO AMEND THE COUNTY�S COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE

BODY
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, Code of Miami-Dade County, 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, 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, Application No. CDMP20230013 (the �Application�) was filed by a private party as a standard amendment in the May 2023 Cycle of Applications to amend the CDMP (�May 2023 Cycle Application�) and is contained in the document titled �May 2023 Cycle of Applications to Amend the Comprehensive Development Master Plan,� dated June 2023, and kept on file with and available upon request from the Department; 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 May 2023 Cycle Application No. CDMP20230013 to Amend the Comprehensive Development Master Plan,� dated June 2025 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 CDMP20230013� on the Department�s website at https://energov.miamidade.gov/EnerGov_Prod/SelfService#/home by searching for plan number �CDMP20230013,� and selecting the tab for �Attachments,� or at the following weblink to the Attachments tab: https://energov.miamidade.gov/EnerGov_Prod/SelfService#/plan/85a528ca-fa52-4ba9-8a83-a24d51563e8e?tab=attachments; 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), 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. CDMP20230013 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 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 takes 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
CDMP20230013 Kelly Tractor Company / Luis Figueredo, Esq., Joseph Goldstein, Esq., Juan Mayol Jr., Esq., Alessandria San Roman, Esq., Holland & Knight. / Located west of NW 137 Avenue and SR-836 Interchange, and north side of theoretical NW 6 Street / �246.07 Gross/Net Acres
Requested Amendment to the CDMP
1. Amend the �Open Land Subarea 3� land use category text to create the �MIA Equipment and Supportive Services Area�;
2. Add the proffered Declaration of Restrictions in the Restrictions Table in Appendix A of the CDMP Land Use Element, if accepted by the Board;
3. Amend the CDMP Capital Improvements Element, Table 10A Projects with Developer Responsibility to Construct or Cause to Construct to include developer funded roadway project.

[The applicant revised the original application to withdraw the following requests: 1) Redesignate the application site on the Land Use map; From: �Open Land� (�244.37 acres) and �Industrial and Office� (�1.70 acres), To: �Terminals� (�244.37 acres) and �Industrial and Office� (�1.70 acres); 2) Expand the Urban Expansion Area (UEA) to include the application site. In addition, the applicant revised the application to change the proposed land use text amendment from the �Terminals� category in the Land Use Element to the �Open Land Subarea 3� in order to establish the �MIA Equipment and Supportive Services Area�].

Standard Amendment Adopt as Transmitted with Further Changes with Acceptance of the Revised Proffered Declaration of Restrictions (Covenant) and with the condition that the Applicant submit the fully executed, legally sufficient Covenant, Opinion of Title, and any necessary joinders within 7 days or the application shall be deemed withdrawn.

[The further changes include: (1) revision to the �Open Land Subarea 3� text to: delete the previously proposed �and supportive� and insert �or the MIA Equipment and Supportive Services Area�; and (2) revise the proposed �MIA Equipment and Supportive Services Area� text to: i) Specify it encompasses �246.07 acres, include a description of the geographic boundaries, and add Figure 6.1; ii) �replace prior MIA Transportation and Infrastructure Support Area� references with current �MIA Equipment and Supportive Services Area� iii)
replace �Freight Rail Terminals� with �Freight Rail Connection�; iv) update from 2026 to 2029 the deadline when the required new land development regulations are to be developed; v) revise the minimum 10% open space development criterion to allow certain water bodies to satisfy up to 20% of the open space requirement; and vi) require a minimum 63.11 acres of onsite preservation areas, with a prohibition on required public right-of-way dedications counting towards the 63.11 acres.]

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 section 2-116.1, Code of Miami-Dade County.

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.

HEADER
Date:

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

From: Daniella Levine Cava
Mayor

Subject: Ordinance for May 2023 Cycle Application
No. CDMP20230013 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
Chief Utilities and Regulatory Services Officer


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