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 as a 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sufficient Covenant, Opinion of Title, and any necessary joinders within 7 days or the application shall be deemed withdrawn.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. The ordinance was vetoed by the Mayor on 2/1/2026, and the veto 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, which passed 9-4. The item was adopted with change and assigned Ordinance No. 26-4 at the January 22, 2026 CDMP & Zoning meeting, with a vote of 9-2. The ordinance was adopted on first reading on 7/17/2025. 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. The 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.