agenda item - sfrpc. · pdf file• amendments 3, 5, 9 and 14 ... 2008, the department of...

MEMORANDUM

3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021 Broward (954) 985-4416, Area Codes 305, 407 and 561 (800) 985-4416

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South Florida Regional Planning Council

AGENDA ITEM #7b DATE: JULY 7, 2008 TO: COUNCIL MEMBERS FROM: STAFF SUBJECT: MIAMI-DADE COUNTY ADOPTED COMPREHENSIVE PLAN AMENDMENT Introduction On May 28, 2008, Council staff received adopted amendment package #08-1 to the Miami-Dade County Comprehensive Plan for review of consistency with the Strategic Regional Policy Plan for South Florida (SRPP). The Council, at its January 7, 2008 meeting, made the following findings for proposed amendment package #08-1:

• Amendments 3, 5, 9 and 14 (part 2) generally inconsistent with the Strategic Regional Policy Plan for South Florida (SRPP), citing Goals 5, 7, 11, 20, and 21, Policies 5.1, 5.3, 7.1, 11.10, 11.12, 20.2, 20.8, 21.2, and 21.5.

• Amendment 8 generally consistent with the SRPP; however, the concern was raised about traffic impacts along Kendall Drive.

• Amendments 1, 6, 12, 13, 14 (parts 1 & 3 only), 15, 16 and 17 generally consistent with the SRPP.

Staff review is undertaken pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes (F.S.), and Rules 9J-5 and 9J-11, Florida Administrative Code (F.A.C.). Community Profile With a 2007 population estimated at 2,462,292, Miami-Dade County is the most populous county in Florida. The County’s population has grown by 9.3% since 2000, and is expected to increase by an additional half a million by 2020. The percentage of the population that is of working age or younger is larger in Miami-Dade County than the state average. The County also has higher unemployment rates as well as a higher percent of families with incomes below the poverty level than the state average. The structure of the County’s economy is heavily service and trade oriented, with approximately 57% of total employment in these sectors. The County has established itself as a wholesaling and financial center and major tourist destination. Miami-Dade County ranks ninth in export sales among all metropolitan areas in the country. Almost a quarter of the state’s total employment in transportation is located in the County. The Port of Miami is the largest cruise ship port in the world and one of the largest container ports in the southeast. The urbanized portion of the County lies between two national parks, Everglades and Biscayne National Parks. The close relationship of tourism to the preservation of Miami-Dade County’s unique native plants and wildlife has been recognized as an economic as well as an environmental issue. In order to manage growth, the County’s Comprehensive Development Master

Plan (CDMP) establishes an Urban Development Boundary (UDB), which distinguishes the area where urban development may occur from areas where it should not occur. Additional information regarding the County or the Region may be found on the Council’s website at www.sfrpc.com. Summary of Staff Analysis Adopted amendment package #08-1 contains eight (8) amendments to the Comprehensive Development Master Plan (CDMP): one (1) is a combination of map and text changes; two (2) amend the Future Land Use Map and six (6) are text changes modifying the Future Land Use Map, the Capital Improvements, Future Land Use, Land Use, the Aviation sub-element, and Housing Elements. The general location of the County is depicted in Attachment 1. Attachment 2 presents the locations of all map amendments and specific locations of adopted map amendments are depicted in attachments 3 to 6. For the purposes of this review, the amendments retain their county application numbers. Applications 1, 3, and 6 were excluded from review because they are contained within Ordinance #08-43, which seeks to increase residential density through a map amendment. In a letter dated June 13, 2008, the Department of Community Affairs (DCA) stated they will not conduct review of any amendments that increase residential density until Miami-Dade County has adopted its Public Education Facilities Element, which was due on January 1, 2008. Application 9 was withdrawn by the applicant. Applications 5 and 8 were adopted with Acceptance of Proffered Covenants in response to the Objections, Recommendations, and Comments (ORC) report issued by DCA. Application 12 was adopted as originally proposed and Applications 13, 14, 15, 16 and 17 were adopted with changes in response to the ORC report. A summary of the adopted amendments in this package is listed below.

SUMMARY OF CDMP SITE-SPECIFIC MAP AMENDMENTS County

Application Number

Size (gross acres)

General Location

Proposed Land Use Change (From/To)

Attach-ment

Staff Recommendation

BCC3 Vote

5 51.7

NW corner of theoretical SW 138th Av. and SW 8th

St.

FROM: Open Land (OL) TO: Business & Office (B & O), Institutions (Inst) , Utilities (U) , and Communications (COMS) Expand the Urban Development Boundary (UDB) 1

3 General

Inconsistency with the SRPP

Ord.08-44 adopted

9-4

8 42.0

South of SW 88th St. and east of SW 177th Av.

FROM: Agriculture (A) TO: Business & Office (B & O), Expand the Urban Development Boundary (UDB) 2

4 General

Inconsistency with the SRPP

Ord.08-45 adopted

9-4

14, Part 1 420 US 27 at Broward

County line

FROM: Transportation Terminals TO: Open Land

5 General

Consistency with the SRPP

Ord. 08-47 adopted

12-0 1 UDB Amendments, Non-residential lands only 2 UDB Amendments, Combination of Residential and Non-residential lands 3 BCC = Board of County Commissioners

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http://www.sfrpc.com/

SUMMARY OF CDMP COUNTY-WIDE MAP AND TEXT AMENDMENTS County

Application Number

Text/Map Amendments Staff Recommendation BCC4 Vote

12

Land Use Element: map and text amendments related to Parks and Recreation, Environmentally Protected Parks, and Environmental Protection land use designations

General Consistency with

the SRPP

Ord. 08-47 adopted 12-0

13 Capital Improvements Element


the SRPP


14, Part 2 Aviation Sub-Element modifies land uses at four (4) County airports and updates aviation maps

General Inconsistency with the SRPP


14, Part 3 Future Land Use Element related to transportation and aviation


the SRPP


15

Land Use; Coastal Management; and Capital Improvements Elements related to Coastal High Hazard Areas


the SRPP


16

Water, Sewer, and Solid Waste; Conservation; Conservation, Aquifer Recharge and Drainage; Intergovernmental; and Capital Improvements Elements related to adequate water supply planning and incorporation of the Water Supply Facilities Work Plan


the SRPP


17 Land Use and Housing Elements relating to Affordable Housing


the SRPP


4 BCC = Board of County Commissioners On April 24, 2008 the Board of County Commissioners approved the adopted amendment package for transmittal. Application 5 Application 5 is an amendment to move the Urban Development Boundary (UDB) to include the Lowe’s Homes Centers Inc. subject property. The application changes the land use designation from Open Land to Business and Office (Parcel A), Institutions, Utilities, and Communications (Parcel B). At the proposed stage concerns were raised about the impact these amendments would have on roadway conditions, water supply, open lands, and wetlands. The amendment was revised to address these concerns by adopting a Proffered Covenant to limit development to non-residential uses. In addition, the covenant allows for the building of a school, provides for capital roadway improvements to alleviate traffic impacts, and water conservation and reuse. The County has revised its 10-Year Water Supply

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Facilities Plan (Application 16) to demonstrate potable water needs would be met. The Applicant also submitted a market demand and needs assessment for the proposed development to show the Miami-Dade County Metropolitan Area lacks sufficient retail compared to other areas in Florida and the US. Application 5 was adopted by the Board of County Commissioners on April 24, 2008 by a vote of 9-4. The corresponding ordinance 08-45 was vetoed by the Miami-Dade County Mayor on April 30, 2008. The Mayor’s decision was overridden by the Board of County Commissioners vote of 8-4, on May 6, 2008. Objection This amendment fails to provide adequate justification for the proposed development outside of the UDB. The market needs assessment provided by the applicant shows a need for retail development in the County but the study does not show a compelling need for a home improvement store to be located outside of the UDB. There are currently nineteen Hardware/Home Improvement stores within the vicinity of the proposed site, which are within the UDB. The applicant has not shown that development potential within the UDB is over capacity or that there are not sufficiently large parcels for development within the UDB. Additionally, the amendment would reduce the reserved amount of Open Land in Miami-Dade County. While the County has attempted to limit development through the accompanying Proffered Covenants, the land use change will adversely affect public facilities and services without adequate justification in an area that is not designated for urban uses. Staff analysis confirms adopted Application 5 is inconsistent with of the goals and policies of the Strategic Regional Policy Plan for South Florida, particularly those relating to preservation of open lands, agriculture and natural resource protection: Goal 11 Encourage and support the implementation of development proposals that conserve

the Region’s natural resources, rural and agricultural lands, green infrastructure and: • utilize existing and planned infrastructure where most appropriate in urban areas; • enhance the utilization of regional transportation systems; • incorporate mixed-land use developments; • recycle existing developed sites; and • provide for the preservation of historic sites.

Policy 11.10 Decisions regarding the location, rate, and intensity of proposed development shall be based on the existing or programmed capacity of infrastructure and support services or on capacity which will be programmed to serve that proposed development. In addition, consideration should be given to the impact of infrastructure and support services on natural resources.

Goal 12 Encourage the retention of the Region’s rural lands and agricultural economy.

Policy 12.1 Maintain the character of rural and agricultural areas by encouraging compatibility of adjacent land uses.

Policy 12.3 Discourage the expansion of urban service areas into agricultural lands except: 1) when the expansion is necessary to accommodate projected population growth; and 2) when the development densities will be sufficient to support public transportation.

Policy 12.4 In the event that land is converted from agriculture to urban uses, local governments should discourage sprawl development patterns and require urban design and density necessary to support pedestrian-orientation, public transportation, and the efficient provision of other infrastructure.

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Goal 20 Achieve long-term efficient and sustainable development patterns that protect natural resources and connect diverse housing, transportation, education, and employment opportunities.

Policy 20.1 Provide for the compatibility of adjacent land uses and assess the impacts of land uses on the surrounding environment in comprehensive plans and development regulations.

Policy 20.2 Guide new development and redevelopment within the Region to areas, which are most intrinsically suited for development, including areas: a. which are least exposed to coastal storm surges; b. where negative impacts on the natural environment will be minimal; and c. where public facilities and services already exist, are programmed or, on an aggregate basis, can be provided most economically.

Policy 20.3 Direct future development and redevelopment first to areas served by existing infrastructure and to other locations that are suitable for development, as identified in their comprehensive plans. In particular, local governments should coordinate with state and regional officials to identify public transportation corridors and to promote development along those corridors by implementing investment strategies for providing infrastructure and services, which are consistent with them.

Recommendation Find Application 5 generally inconsistent with Goals 11, 12, and 20, and Policies 11.10, 12.1, 12.3, 12.4, 20.1, 20.2, and 20.3 of the Strategic Regional Policy Plan for South Florida. Application 8 Application 8 is an amendment to move the Urban Development Boundary (UDB) to include subject properties. The application changes subject land use designations from Agricultural to Business and Office. At the proposed stage concerns were raised about the impact these amendments would have on roadway conditions, water supply, open lands, and wetlands. The amendment was revised to address these concerns by adopting a Proffered Covenant to limit development to non-residential uses and provides for capital roadway improvements to alleviate traffic impacts. The County has revised their 10-Year Water Supply Facilities Plan (Application 16) to demonstrate potable water needs would be met. Application 8 was adopted by the Board of County Commissioners on April 24, 2008 by a vote of 9-4. The corresponding ordinance 08-45 was vetoed by the Miami-Dade County Mayor on April 30, 2008. The Mayor’s decision was overridden by the Board of County Commissioners vote of 8-4, on May 6, 2008. Objection This amendment fails to provide adequate justification for the proposed development outside of the UDB. Additionally, the amendment would reduce the amount of wetlands and agricultural land in Miami-Dade County. Limiting development type and restricting land uses though the Proffered Covenants will still allow commercial development to proliferate in an area not designated for urban uses. Staff analysis confirms adopted Application 8 is inconsistent with of the goals and policies of the Strategic Regional Policy Plan for South Florida, particularly those relating to preservation of open lands, agriculture, and natural resource protection:

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Goal 11 Encourage and support the implementation of development proposals that conserve the Region’s natural resources, rural and agricultural lands, green infrastructure and: • utilize existing and planned infrastructure where most appropriate in urban areas; • enhance the utilization of regional transportation systems; • incorporate mixed-land use developments; • recycle existing developed sites; and • provide for the preservation of historic sites.

Policy 11.10 Decisions regarding the location, rate, and intensity of proposed development shall be based on the existing or programmed capacity of infrastructure and support services or on capacity which will be programmed to serve that proposed development. In addition, consideration should be given to the impact of infrastructure and support services on natural resources.

Goal 12 Encourage the retention of the Region’s rural lands and agricultural economy.

Policy 12.1 Maintain the character of rural and agricultural areas by encouraging compatibility of adjacent land uses.

Policy 12.3 Discourage the expansion of urban service areas into agricultural lands except: 1) when the expansion is necessary to accommodate projected population growth; and 2) when the development densities will be sufficient to support public transportation.

Policy 12.4 In the event that land is converted from agriculture to urban uses, local governments should discourage sprawl development patterns and require urban design and density necessary to support pedestrian-orientation, public transportation, and the efficient provision of other infrastructure.

Goal 20 Achieve long-term efficient and sustainable development patterns that protect natural

resources and connect diverse housing, transportation, education, and employment opportunities.

Policy 20.1 Provide for the compatibility of adjacent land uses and assess the impacts of land uses on the surrounding environment in comprehensive plans and development regulations.

Policy 20.2 Guide new development and redevelopment within the Region to areas, which are most intrinsically suited for development, including areas: a. which are least exposed to coastal storm surges; b. where negative impacts on the natural environment will be minimal; and c. where public facilities and services already exist, are programmed or, on an aggregate basis, can be provided most economically.

Policy 20.3 Direct future development and redevelopment first to areas served by existing infrastructure and to other locations that are suitable for development, as identified in their comprehensive plans. In particular, local governments should coordinate with state and regional officials to identify public transportation corridors and to promote development along those corridors by implementing investment strategies for providing infrastructure and services, which are consistent with them.

Recommendation Find Application 8 generally inconsistent with Goals 11, 12, and 20, and Policies 11.10, 12.1, 12.3, 12.4, 20.1, 20.2, and 20.3 of the Strategic Regional Policy Plan for South Florida.

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Application 12 Part A of Application 12 is a text amendment which revises the Land Use Element to more accurately describe Parks and Recreation, Environmentally Protected Parks and Environmental Protection land use designations. Part B of the application contains changes to Land Use Element maps. Application 12 was adopted as transmitted by the Board of County Commissioners by a 12-0 vote. Staff analysis confirms that adopted Application 12 is generally consistent with the goals and policies of the Strategic Regional Policy Plan for South Florida. Application 13 Application 13 contains text changes to the Capital Improvements Element (CIE) to meet legislative requirements regarding construction projects. The application revises Schedules of Improvements of Proposed Projects tables, the Introduction and Implementation Schedules of Improvements and other related summary tables and text for revision purposes, deletions, deferrals and delays of construction projects. Application 13 was adopted as transmitted by the Board of County Commissioners by a 12-0 vote. Staff analysis confirms that adopted Application 13 is generally consistent with the goals and policies of the Strategic Regional Policy Plan for South Florida. Application 14 Application 14 contains a combination of land use map and text changes to related sections of the CDMP. Part 1 - Text amendment to Aviation Sub-Element of the Transportation Element Part 1 amends the future land use designation for Opa-Locka West Airport from Terminals to Open Land. Staff analysis confirms that Application 14, Part 1, is generally consistent with the goals and policies of the Strategic Regional Policy Plan for South Florida. Part 2 - Text amendment to Aviation Sub-Element of the Transportation Element Part 2 of Application 14 consists of map and text modifications to the Aviation sub-element of the Transportation Element. These revisions aim to improve the existing descriptions of the Opa-Locka, Miami International, Kendall-Tamiami and Homestead airports so they may qualify as airport master plans under Section 163.3177(6)(k) of the Florida Statutes. Development or expansion of an airport consistent with an adopted airport master plan that has been incorporated into a comprehensive plan is not required to undergo Development of Regional Impact (DRI) review. Therefore, upon adoption of the proposed amendment, Miami-Dade County may abandon the Miami International Airport DRI. Similarly, the proposed AVE Aviation and Commerce Center DRI, currently under review, may be withdrawn. Previously, the Council found proposed Amendment 14, Part 2, not consistent with the goals and policies of the SRPP. The Council recommended that the Aviation Sub-Element amendment be revised to:

1. Include policies for intergovernmental coordination between Miami-Dade County Aviation Department and the City of Opa-Locka; and clearly delineate the City of Opa-Locka municipal boundary on Figures 4 and 8;

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2. Demonstrate how the amendment is consistent with the Miami-Dade MPO's long-range transportation plan; and,

3. Provide data and analysis to evaluate the impacts of the proposed non-aviation related development that is proposed at Miami International Airport.

In response to the objection, Miami-Dade County has modified the amendment to include a new policy to address intergovernmental coordination with the City of Opa-Locka and has delineated the municipal boundaries on two figures. The County has requested that certain projects be added to the MPO's long range transportation plan as unfunded improvements (since Federal Aviation Administration rules generally preclude airport revenues being diverted to off-airport improvements). The County has also modified the amendment to include additional traffic data and analysis to support development of privately owned, non-aviation uses (hotel, office, industrial, agricultural and retail), and provided additional information on the project impacts to other public facilities such as potable water, wastewater, and solid waste. Objection Staff analysis indicates that the development plan shown on the Miami-International Airport Land Use Master Plan for 2015-2025 (Figure 11) is inconsistent in certain respects with the adopted Miami-International Airport Development of Regional Impact (DRI). Specifically, the Plan identifies several areas for "non-aviation commercial/industrial use" that were not introduced in the Miami International Airport DRI application. The development of privately owned non-aviation uses (hotel, office, industrial, agricultural and retail) on airport property is not authorized by the current existing MIA DRI development order. Additionally, data and analysis provided for transportation impacts of “non-aviation commercial/industrial use” is not as rigorous or complete as analyses provided in the DRI process. Staff analysis confirms that adopted Application 14, Part 2, is inconsistent with the following goals and policies of the Strategic Regional Policy Plan for South Florida, particularly those relating to development and public facility planning: GOAL 11 Encourage and support the implementation of development proposals that conserve

the Region’s natural resources, rural and agricultural lands, green infrastructure and: • utilize existing and planned infrastructure in urban areas; • enhance the utilization of regional transportation systems; • incorporate mixed-land use developments; • recycle existing developed sites; and • provide for the preservation of historic sites.

Policy 11.10 Decisions regarding the location, rate, and intensity of proposed development shall be based on the existing or programmed capacity of infrastructure and support services or on capacity which will be programmed to serve that proposed development; in addition, consideration should be given to the impact of infrastructure and support services on natural resources.

Policy 11.12 Encourage increased density within appropriate urban areas that are served by adequate and planned facilities and services, including public transportation, and that are proximate to regional activity or employment centers. Ensure that the impacts of increased density are fully mitigated by increased investment in facilities and services.

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Part 3 - Text amendment to the Future Land Use Element Part 3 of Application 14 consists of text amendments to the Future Land Use Element, modifying text for internal consistency with proposed changes to the Aviation Sub-Element. Previously, the Council found proposed Amendment 14, Part 3, consistent with and supportive of the goals and policies of the SRPP. Staff analysis confirms that the text amendment is generally consistent the goals and policies of the Strategic Regional Policy Plan for South Florida. Application 14 was adopted as transmitted by the Board of County Commissioners by a 12-0 vote. Recommendation Find Parts 1 and 3 of adopted Application 14 generally consistent with goals and policies of the Strategic Regional Policy Plan for South Florida; and Find Part 2 of adopted Application 14 generally inconsistent with Goal 11 and Policies 11.10 and 11.12 of Strategic Regional Policy Plan for South Florida. Application 15 Part A of Application 15 consists of text amendments to the Land Use, Coastal Management and Capital Improvement Elements to include the new definition of Coastal High-Hazard Areas and related policies. Part B contains map changes to the Coastal Management Element. Application 15 was adopted as transmitted by the Board of County Commissioners by a 12-0 vote. Staff analysis confirms that adopted Application 15 is generally consistent with the goals and policies Strategic Regional Policy Plan for South Florida. Applications 16 Application 16 is a text amendment to the Water, Sewer and Solid Waste, Conservation, Aquifer, Recharge, and Drainage, Intergovernmental Coordination, and Capital Improvements Elements to meet legislative requirements of incorporating a Water Supply Facilities Work Plan into the County’s CDMP. Part A of Application 16 contains modifications and additions to text, figures, and tables of the Water and Sewer Sub-element of the Water, Sewer and Solid Waste Element, including the 20-Year Water Supply Facilities Work Plan. Part B contains modifications to the Conservation, Aquifer Recharge and Drainage Element; Part C modifies the Intergovernmental Coordination Element; and Part D modifies the Capital Improvements Element. Application 16 was adopted as transmitted by the Board of County Commissioners by a 12-0 vote. Staff analysis confirms that adopted Application 16 is generally consistent with the goals and policies of the Strategic Regional Policy Plan for South Florida. Application 17 Application 17 is a text amendment to the Housing and Land Use Elements to address the affordable housing needs of workforce households as mandated by state legislative changes in 2007. The amendment revises the text in the Housing Element to require workforce housing, ensure the development is in accordance with the Miami-Dade County Workforce Housing Plan, include definitions affordable housing and affordable workforce housing, and include “affordable workforce housing” and

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“extremely low-income household” as part of the income limit categories listed in the affordable housing policies. The amendment also adds “affordable workforce housing” and “extremely low-income household” to the income limit categories for affordable housing, in the Land Use Element. Application 17 was adopted as transmitted by the Board of County Commissioners by a 12-0 vote. Staff analysis confirms that adopted Application 17 is generally consistent with the goals and policies Strategic Regional Policy Plan for South Florida. Recommendation Find adopted Applications 12, 13, 14 (Parts 1 and 3), 15, 16, and 17 of the Miami-Dade County adopted amendment package #08-1 generally consistent with the goals and policies of the Strategic Regional Policy Plan for South Florida; Find adopted Applications 5 and 8 of the Miami-Dade County adopted amendment package #08-1 generally inconsistent with Goals 11, 12, and 20 and Policies 11.10, 12.1, 12.3, 12.4, 20.1, 20.2, and 20.3, relating to preservation of open lands, agriculture, and natural resource protection, of the SRPP; and Find adopted Application 14 (Part 2) of the Miami-Dade County adopted amendment package #08-1 generally inconsistent with Goal 11 and Policies 11.10 and 11.12, relating to development and public facility planning, of the SRPP. Approve this staff report for transmittal to the Florida Department of Community Affairs. Council Action At its July 7, 2008 meeting, the Council found the following for the Miami-Dade County adopted amendment package #08-1: Find adopted Applications 12, 13, 14 (Parts 1 and 3), 15, 16, and 17 generally consistent with the goals and policies of the Strategic Regional Policy Plan for South Florida; Find adopted Application 8 generally consistent with the goals and policies of the SRPP, acknowledging the comments in the staff report related to preservation of open lands, agriculture, and natural resource protection; Find adopted Application 5 generally inconsistent with Goals 11, 12, and 20 and Policies 11.10, 12.1, 12.3, 12.4, 20.1, 20.2, and 20.3, related to preservation of open lands, agriculture, and natural resource protection, of the SRPP; and Find adopted Application 14 (Part 2) generally inconsistent with Goal 11 and Policies 11.10 and 11.12, related to development and public facility planning, of the SRPP. Approve this staff report for transmittal to the Florida Department of Community Affairs.

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Attachment 1

COMPREHENSIVE PLAN AMENDMENTS

General Location Map

Miami-Dade County

Adopted Amendment Package #08-1

Sources: FDEP, SFWMD, Miami-Dade County, SFRPC. Note: For planning purposes only. All distances are approximate.

Attachment 2


Amendment Location Map

Miami-Dade County Adopted Amendment Package #08-1

Amendment Site Locations* Sources: FDEP, SFWMD, Miami-Dade County, SFRPC. Note: For planning purposes only. All distances are approximate. *Amendments 1, 3, and 6 were excluded from review; Amendment 9 was withdrawn by the applicant.

Attachment 3


Aerial Map


Amendment No. 5 From: Open Land

To: Business & Office, Institutions, Utilities, and Communications

Expand the Urban Development Boundary (UDB)

51.7 acres


Attachment 4


Aerial Map

Miami-Dade County


Amendment No. 8 From: Agriculture

To: Business & Office

Expand the Urban Development Boundary

42.0 acres


Attachment 5


Aerial Map


Amendment No. 14 Part 1 From: Transportation Terminals

To: Open Land

420 acres


Attachment 6


Location of Major County Aviation Facilities Miami-Dade County



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