The Miami Herald

Posted on May 13, 2009

URBAN DEVELOPMENT BOUNDRY

Judge: Miami-Dade County Commission wrong to expand UDB for Lowe's

A year after Miami-Dade commissioners amended the Urban Development Boundary for two projects on the county's western fringe, a judge ruled one was unlawful.

By MATTHEW HAGGMAN
mhaggman@MiamiHerald.com

In twin rulings marking the newest chapter in the long fight over sprawl in Miami-Dade County, an administrative law judge ruled that county commissioners wrongly expanded the western development boundary for a Lowe's Superstore but properly approved a separate request to move the line.

The ruling comes as a wealthy and politically powerful group of builders, including Lennar. and Century Homebuilders, is readying a proposal to move the development boundary for a new suburb on the Everglades' doorstep called Parkland.

Opponents to moving the line hailed the ruling Tuesday, saying it shows state regulators can enforce growth management laws even if Miami-Dade County commissioners vote to bend them.

The judge's decision to let one proposal stand was so filled with qualifiers and unique characteristics that it likely won't serve as precedent for other bids to expand the Urban Development Boundary, said attorney Richard Grosso, who represented the National Parks Conservation Association and 1000 Friends of Florida in the case.

''Except for some really unusual circumstances, this ruling means that the UDB should not be amended for many years in the future,'' said Grosso, a Nova Southeastern University law professor and general counsel of the Everglades Law Center.

Maureen Rich, a Lowe's spokeswoman, said the company is ``disappointed with the decision. We are continuing to evaluate the ruling before deciding our next step.''

The Urban Development Boundary, or UDB, is a demarcation running along the western and southern edges of the county that limits development to one dwelling per five acres outside its borders.

The UDB was moved only twice during the 1990s but has been under increasing pressure in the past decade from suburban builders seeking more land for industrial parks, malls, offices and homes.

In the past seven years, county commissioners have voted to move the line five times.

Opponents -- including urban planners, civic leaders and environmentalists -- have fought back, advocating for more infill and urban redevelopment while highlighting the costs of far-flung development, like traffic-clogged roadways.

Lowe's sought to expand the boundary to build a store at the intersection of Tamiami Trail and Northwest 137th Avenue on a 52-acre parcel. Separately, a development group led by David Brown wanted to expand the boundary on 42 acres at the western end of Kendall Drive to build shops and offices.

Miami-Dade's Department of Planning and Zoning urged denial of both applications last year, saying there was plenty of available space inside the UDB.

But in April last year county commissioners voted to approve both proposals, overriding a veto by Miami-Dade County Mayor Carlos Alvarez.

In July the state's Department of Community Affairs objected, agreeing with county planners that there is enough land to build inside the line.

That set the stage for a trial before administrative law Judge Bram D.E. Canter in Miami.

In his ruling, Canter said it is ''beyond fair debate'' that there is ''no need for more commercial land, and no need for a home improvement store, in the area of the Lowe's site.'' The judge cited the fact Miami-Dade planners said there is enough commercial land in the county to last through 2023.

Canter said the Brown application complies with state law -- but added that the site is relatively small, oddly shaped and wedged between a big residential development and an arterial roadway that limit the property's agricultural value.

''These factors . . . diminish the precedent that the re-designation of the Brown site would have for future applications to expand the UDB,'' the judge wrote.

DCA will now issue a final order, which can be appealed.

The focus now shifts to what the ruling will mean for the massive proposed project, Parkland, where builders want to construct a suburb of nearly 19,000 residents with homes, shops and offices on 961 acres outside the UDB.

Jose Cancela, spokesman for the Parkland developers, declined to comment on the Lowe's/Brown case but said the group is moving forward with its application and ``hope to have it before the commission this year.''

Critics say the amount of available land has increased in the last year amid record foreclosures.

''With stores and homes going vacant inside the UDB, why do we need to expand the line?'' asked Miami Lakes Mayor Michael Pizzi, who has long fought moving the boundary. ``This decision sends a message to Parkland that you may well get the votes at the Miami-Dade Commission but you will lose in court.''