CDMP20230013

Board of County Commissioners · 2026-09-01 · ordinance

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. The application requested amendments 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; 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 requests to 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), and to expand the Urban Expansion Area (UEA) to include the application site. The applicant also revised the application to change the proposed land use text amendment from the 'Terminals' category to the 'Open Land Subarea 3' to establish the 'MIA Equipment and Supportive Services Area'. Final action: Adopted on 9/1/2026, with Ordinance No. 26-4 assigned. The item was vetoed by the Mayor on 2/1/2026, reconsidered, and ultimately adopted. The final action was '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sufficient Covenant, Opinion of Title, and any necessary joinders within 7 days or the application shall be deemed withdrawn. Further changes include: 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'; revise the proposed 'MIA Equipment and Supportive Services Area' text to specify it encompasses 246.07 acres, include a description of the geographic boundaries, and add Figure 6.1; replace prior 'MIA Transportation and Infrastructure Support Area' references with current 'MIA Equipment and Supportive Services Area'; replace 'Freight Rail Terminals' with 'Freight Rail Connection'; update from 2026 to 2029 the deadline when the required new land development regulations are to be developed; revise the minimum 10% open space development criterion to allow certain water bodies to satisfy up to 20% of the open space requirement; and 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. The motion to adopt included 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; replacing 'freight rail terminals' with 'freight rail connection' on page MDC-023; 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. The applicant agreed to build NW 142 Avenue through the property and to open SW 139 Avenue from SW 6 Street to SW 8 Street prior to the issuance of the first temporary certificate of occupancy. The applicant agreed to commit to mitigating its impacts within Miami-Dade County. The applicant agreed to include a commitment to connect the bayhead to other wetland areas to maintain wildlife connectivity. The applicant agreed to submit the revised covenant and opinion of title within 10 days. The vote was 9-2 (Commissioners Cohen Higgins and Steinberg voted 'no'; Commissioner Bastien and Senator Garcia were absent).