HomeMy WebLinkAboutSubmittal - Carlos Lago - Letter to Commissioners - Metromover SubzonemGreenbergTraurig
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March 9, 2022 Submitted into the public
record for item(s) PZA
Via Email and Hand Delivery on 03/10/2022 City Clerk
Honorable Chairwoman and Commissioners
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Re: File ID 9385 / Item PZA / March 10, 2022 City Commission Agenda / Proposed
Amendment to Article 2 of Miami 21 regarding Miami -Dade County Rapid
Transit System Development Zone / Metromover Subzone
Dear Honorable Chair and Commissioners:
Our firm represents 120 SW 8TH STREET LLC, KING CONDO 3B LLC, BRICKELL
MOTEL LLC, and 130 SW 8TH STREET LLC (collectively, the "Owner"), owner of the
properties identified in Exhibit 1 (collectively, the "Property"). On behalf of the Owner, we
respectfully submit this letter as our request for confirmation that development of the Property is
not subject to the proposed legislation identified by File ID 9385 (the "Proposed Ordinance")
and that, pursuant to Section 33C-2(C) of the Code of Miami -Dade County, Florida, as amended,
the jurisdiction for regulatory decisions including, but not limited to, zoning and permitting
matters involving the Property continue to be vested in Miami -Dade County (the "County").
BACKGROUND
The Property is located within the County's Rapid Transit Zone's ("RTZ") Metromover
Subzone and is therefore subject to the County's jurisdiction for building and zoning approvals.
The Property was included within the Metromover Subzone by the County Board of County
Commissioners on April 20, 2021 pursuant to Ordinance No. 21-33, attached as Exhibit 2.
The Owner has been working diligently to seek the necessary approvals to develop the
Property in accordance with all applicable RTZ regulations. The Owner has engaged architectural,
construction and engineering consultants to prepare the required plans to obtain site plan and
building permit approvals for the development of the Property in accordance with the RTZ
regulations.
LEGAL ANALYSIS
The Owner has acquired vested rights to which require that the development of the
Property remain subject to the RTZ regulations. Under Florida law, a party acquires vested rights
when he/she (1) in good faith relies (2) upon some act of government (3) which leads him or her
Greenberg Tmurig, P.A. I Anomeys at raw
333 SoWhexst SeWM Avenue I Suite 44001 Miami, FL 33131 1 T<1305.5r905001 Ft1305,579.0717
..gll Wm
Cis o— ,;E o ccvt�s
M�./orvlo.�it S�z,.tr.-Q
Submitted into the public
record for item(;) PZ,4
Honorable Chairwoman and Commissioners
an 03 10 2024 City Clerl<
File ID 9385
March 9, 2022
to incur such substantial obligations and expenses (4) that would make it highly inequitable to
interfere with the acquired right. Monroe County v. Ambrose, 866 So.2d 707 (Fla. 3d DCA 2003);
see also Hollywood Beach Hotel Co. v. City of Hollywood, 329 So. 2d 10 (Fla. 1976). A party who
meets the above -mentioned criteria may successfully raise the doctrine of equitable estoppel in
order to challenge a municipality's actions. Id.
In the present case, the Owner relied in good faith on the existing regulations and
assurances provided by the City (through words and deeds).' Relying on these assurances, the
Owner has continuously worked to realize its plan for the Property. The Owner has invested
substantial resources on the proposed development of the Property including but not limited to
architectural and engineering plans and has incurred other professional fees and expenses all with
the objective of developing the Property pursuant to the RTZ regulations. The Owner made these
investments in good faith relying on the applicable regulations.
Accordingly, we respectfully request written confirmation that the jurisdiction for
regulatory decisions including, but not limited to, zoning and permitting matters involving the
Property are vested in the County, unrestricted by the Proposed Ordinance. This letter is written
without prejudice to the Owner and with the express reservation of all of its rights and remedies.
Should you require additional information or have any questions, do not hesitate to contact me at
(305) 579-0737.
Sincerely,
Iris V. Escarra
Enclosures
1 The City was notified of the County's intention to include the Property within the Santa Clara Subzone and did not
object at the time.
Greenberg Traurig, P.A. I Attorneys at Law
www.gtlaw.com
Page 2 of 3
Honorable Chairwoman and Commissioners
File ID 9385
March 9, 2022
Exhibit 1
The Prouerty
Submitted into the public
record for item(s) PZ.4
on 03 10 2022 City Clerk
Address
Folio No.
130 SW 8 Street
01-0205-070-1040
120 SW 8 Street
01-0205-070-1030
106 SW 8 Street
01-0205-070-1020
102 SW 8 Street
01-0205-070-1010
826 SW 1 Avenue
01-0205-070-1190
101 SW 9 Street
01-0205-070-1170
www.9llaw com
Page 3 of 3
Exhibit "2"
Approved Mayor
Veto
Override
ORDINANCE NO.
21-33
Agenda Item No. 7(A)
4-20-21
ORDINANCE RELATING TO THE FIXED -GUIDEWAY RAPID
TRANSIT SYSTEM -DEVELOPMENT ZONE IN THE
INCORPORATED AND UNINCORPORATED AREAS;
AMENDING CHAPTER 33C OF THE CODE OF MIAMI-DADE
COUNTY, FLORIDA; REVISING LEGISLATIVE INTENT,
FINDINGS, AND PURPOSE OF CHAPTER 33C; PROVIDING
FOR EXPANSION OF THE RAPID TRANSIT ZONE (RTZ) TO
INCLUDE EXISTING METROMOVER CORRIDOR AND
STATIONS AND CERTAIN ADJACENT OR NEARBY
PROPERTIES; CLARIFYING COUNTY JURISDICTION OVER
LANDS WITHIN RTZ; CREATING THE RAPID TRANSIT
ZONE ZONING DISTRICT AND ASSIGNING TO THE RTZ
DISTRICT ALL LAND USE APPROVALS GRANTED
PURSUANT TO CHAPTER 33C AS OF A CERTAIN DATE;
REVISING REGULATIONS PERTAINING TO EFFECT OF
ADDITION TO RTZ ON PENDING APPLICATIONS,
EXISTING ZONING DISTRICT REGULATIONS, AND NON-
CONFORMING LOTS, USES, AND STRUCTURES; REVISING
MEMBERSHIP OF AND PROCEDURES FOR RAPID TRANSIT
DEVELOPMENTAL IMPACT COMMITTEE; CREATING THE
METROMOVER SUBZONE; INCORPORATING BY
REFERENCE THE USES, STANDARDS, AND PROCEDURES
FOR APPROVAL OF APPLICATIONS FROM EXISTING
SUBZONES AND APPLYING THEM TO THE METROMOVER
SUBZONE; AMENDING SECTION 33-314; PROVIDING FOR
BOARD OF COUNTY COMMISSIONERS JURISDICTION
OVER APPLICATIONS RELATING TO RTZ DISTRICT;
RENUMBERING SECTIONS AND MAKING OTHER
TECHNICAL CHANGES; PROVIDING SEVERABILITY,
INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
WHEREAS, this Board wishes to accomplish the purposes set out in the "[1]egislative
intent, findings and purpose" provisions of chapter 33C of the Code of Miami -Dade County
Florida ("Code"), governing the Rapid Transit System — Development Zone, as amended herein;
and
Submitted into the public
record for item(s) PZ.4
on 03 10 2022, City Clerk
9
Submitted into the public
record for item(s) PZA
on 03 10 2022, City Clerk
Agenda Item No. 7(A)
Page 2
WHEREAS, in furtherance of the purposes of better coordinating land uses and
transportation facilities within the Downtown Regional Urban Center identified in the County's
Comprehensive Development Master Plan and of recognizing that transit -oriented developments
should be located on parcels within a close radius of rapid transit stations, it is appropriate to
include the existing Metromover corridor and stations and certain properties adjacent or nearby
thereto within the Rapid Transit Zone, over which the County exercises regulatory and other
jurisdiction pursuant to chapter 33C; and
WHEREAS, it is appropriate to create a new Metromover Subzone and to provide for
development on such properties in accordance with the standards previously adopted for the
Government Center Subzone; and
WHEREAS, to better identify on the County's zoning maps the properties related to the
rapid transit zone over which the County exercises regulatory jurisdiction, this Board wishes to
create a new zoning district, the Rapid Transit Zone (RTZ) District, which will include all land
subject to, and all land use approvals granted pursuant to, chapter 33C as of the effective date of
this ordinance; and
WHEREAS, chapter 33C also requires reorganization and other technical changes, to
consolidate redundant provisions and delete obsolete provisions regarding the adoption of
development standards for lands within the Rapid Transit Zone since the completion of the Station
Area Design and Development Program, to clarify County regulatory and other jurisdiction over
lands within the district, and to update the membership of and procedures used by the Rapid Transit
Developmental Impact Committee; and
WHEREAS, these updates and clarifications are not intended to alter the historic
jurisdictional relationship between the County and the municipalities related to the Rapid Transit
7
subrnitted into the public
record for item(s) P?•
10
on 03 2022, City Clerl<
Agenda Item No. 7(A)
Page 3
Zone, except as previously modified for the Downtown Intermodal District Corridor, Brickell
Station, Government Center, Historic Overtown/Lyric Theatre, and Santa Clara Subzones in the
City of Miami; and
WHEREAS, this Board also wishes to revise the current regulations that govern the effect
that being added to the Rapid Transit Zone has on existing land uses and pending applications, by
extending the regulations regarding existing land uses and pending applications adopted for the
Santa Clara Subzone in Ordinance No. 20-50 to all properties in the Rapid Transit Zone, with
additional revisions to clarify the treatment of vacant properties as opposed to properties with
existing structures or vested development approvals; and
WHEREAS, those provisions give greater flexibility to continue to develop properties
based on previously approved building or zoning approvals, provide applicable development
standards until a property obtains zoning approval in accordance with chapter 33C, and allow
renovation of non -conforming lots, uses, or structures as provided for the County's urban center
and urban area districts; and
WHEREAS, this Board also wishes to provide for its jurisdiction to hear zoning
applications related to the RTZ District,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MIAMI-DADE COUNTY, FLORIDA:
Section 1. Chapter 33C of the Code of Miami -Dade County, Florida is hereby
amended as follows:1
I Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored
and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now
in effect and remain unchanged.
Submitted into the public
record for item(s) PZA
on 03 10 2022, City Clerk Agenda Item No. 7(A)
Page 4
Chapter 33C — [[FIXED GUEDEMIAV]] RAPID TRANSIT
SYSTEM —DEVELOPMENT ZONE
See. 33C-1. - Legislative intent, findings and purposes.
The Board of County Commissioners for Miami -Dade
County, Florida, hereby declares and finds that [[the]] »_
The<< uncoordinated use of lands within the County
threatens the orderly development and the health, safety,
order, convenience, prosperity and welfare of the present and
future citizens of this County. >>The Miami -Dade County
Home Rule Charter grants to the County the power to carry
on a central metropolitan government and to, among other
things provide for and operate rail and bus terminals and
public transportation systems and prepare and enforce
comprehensive plans for the development of the County.<<
Pursuant to >>section 2-114 of this code and section
163.3184, Florida Statutes,« [[Or -din nee Ne 75 22]], the
Board adopted and accepted the Comprehensive
Development Master Plan for Miami -Dade County
»(CDMP) which among other goals, objectives, and
policies calls for the coordination of land uses and
transportation facilities to: attract transit ridership, produce
short trips and minimize transfers; establish a more compact
and efficient urban form within the Urban Development
Boundary; and promote vertical and horizontal mixed -use
development and redevelopment of properties along existing
and planned transit corridors and designated urban centers,
to provide for transit -oriented development. In addition, the
CDMP's Statement of Legislative Intent specifically
provides that municipalities are subject to CDMP policies
for development of urban centers and its policies providing
for County authority to maintain, site, construct, and operate
public facilities in incorporated and unincorporated areas, as
these policies are fundamental growth mana eg ment
components that are necessary to carry on a central
metropolitan government.« [[wher-eb" it self""!!"
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Submitted into the public
record for item(s) PZ.4
on 03 10 2022,,City Clerl<
Agenda Item No. 7(A)
Page 5
tG7 To fill the ,
of the pfesent and future gener-atiens of eitizens of
Miami Dade County, Flafid-a7.
The b f d that the 1,
Tn�tyt7ik�l---rcrrLYf�euirc�cau-�� Cerir�r-vrren.ri=i'c
Development —Mash Plan enaetedte asstife fef all
pleasing people ef Miaffii Dade County an aRempt to efeate safe,
b 1 f' the fhou4 ble
nel}e�Eia Eii�i�e�mrciit�'b'i�nvAc—cirrrvcr�enuvrc
,lo,.,.ada4ien risk tothe Lealt ., safety, E) ethe,-,,ndesir- b,le
and =tinintend d eensequenees, to pfeser-ve impertaat.
to fnaintain, wherevef possible, n environment =whieh
suppaAs divefsity and Variety of individual eheiee; to
will ,. .mit the high stan.1aMs of liyiiig and a wide shafing
f life's amenities, wad + ,,L,. nee the quality f renewal
o
deplet b.le resottr-ees.]]
»Q1)« In furtherance of these goals »2« [[]] objectives,
>>and policies,<< the Board finds that the coordinated
review and analysis of its mass transit facilities is necessary
to carry on a central metropolitan government in Miami -
Dade County, Florida. Coordinated review and analysis of
the mass transit system is susceptible to, and would be most
effectively carried on, under a uniform plan of regulation
applicable to the County as a whole. The planning of major
transportation facilities, combined with other plan
implementation tools, can be effectively used in meeting
social, economic and environmental needs and in creating a
major influence on metropolitan development patterns and
life styles. The capability of a transportation network, acting
in conjunction with other urban services to establish general
development trends, is well recognized. A maximum
coordination of transportation and land use policy decisions
is therefore essential to optimize the role of transportation as
a potent tool for implementing the desired patterns of
metropolitan development.
»�« The Board further finds that the Stage I Fixed -Guideway
Rapid Transit System has, since 1973, undergone extensive
planning, review, analysis, and engineering design efforts.
The Stage I System [[lam]] received design approval from
both the federal and State governments >>and, as of March
12, 2021, consists of a 25-mile dual track rail system that
provides service to Miami International Airport (MIA) and
10
Submitted into the public
record for item(s) PZ 4
on 03 , 20— City Clerk
Agenda Item No. 7(A)
Page 6
runs from Kendall through South Miami, Coral Gables, and
downtown Miami; to the Civic Center/Jackson Memorial
Hospital area; and to Brownsville Liberty City Hialeah and
Medley in northwest Miami -Dade, with connections to
Broward and Palm Beach counties.<< [[and is i the proeess
]]•
The Stage I System, including proposed improvements in
other forms of surface transportation facilities, represents a
concerted, coordinated effort to improve not only the
transportation facilities within Miami -Dade County, but the
overall quality of life enjoyed by citizens of and visitors to
Miami -Dade County. Finally, the Stage I System represents
one [[(O]] of the largest public works projects ever
undertaken in Miami -Dade County and the Southeastern
United States. As such, the Stage I Fixed -Guideway Rapid
Transit System may only be planned, engineered,
implemented, and administered on a County -wide basis, in a
manner which will:
»�D« [[(-a)]] Provide maximum opportunities for
development to serve as financial assistance to the
system; and
»(2)<< [[(-b)]] Provide incentives for joint development
with the private sector.
»LD) Prior to March 15 2008 land use plans within the Rapid
Transit Zone were prepared pursuant to the Station Area
Design and Development (SADD) Program, a joint
municipal -County program administered through the Rapid
Transit Development Impact Committee (RTDIC), which
was authorized by Miami -Dade County Resolution No. R-
829-77. The SADD Program proposed land use plans for the
Rapid Transit Development Impact Zone, which was defined
as those lands in such close proximity to the Rapid Transit
System as to have a significant impact thereon. The SADD
Program resulted in the creation of the following station area
land use plans adopted by the applicable municipality after
recommendation by the RTDIC in accordance with then -
applicable provisions of this chapter: Resolution No. 01-83
of the Miami City Commission, approving development
standards for the Santa Clara Metrorail Station Project;
Resolution No. 03-815 of the Miami City Commission,
approving development standards for the Overtown/Arena
Rapid Transit Zone; Resolution No. 62-02-11411 of the
Mayor and City Commission of the City of South Miami,
approving development standards for the South Miami
Station,• and Ordinance No. 06-76 of the Mayor and City
11
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record for item(s) PZA
on 03 10 2022, City Clerk
Agenda Item No. 7(A)
Page 7
Council of the City of Hialeah, approving development
standards for the Okeechobee Station Area. Not all SADD
recommendations were ultimately adopted by the applicable
municipalities. In Resolution No. 23224, adopted on
February 10, 1981, the City of Coral Gables rejected the
recommendation of the SADD Program regarding
development of areas surrounding the University Station,
deciding instead to continue existing land uses in accordance
with the City's land use plans. And although the RTDIC
issued recommended development standards for the
Coconut Grove Station on January 24, 2007, the City of
Miami did not adopt them. Subsequently, those
recommendations were superseded by Ordinance No. 08-28,
which this Board adopted on March 4, 2008, creatingsection
ction
33C-8 to provide development standards for non-Metrorail
development within the City of Miami that was not already
subject to a land use plan adopted pursuant to the SADD
Program; section 33C-8 governs development surrounding
the Allapattah, Civic Center, Culmer, Vizcaya, Coconut
Grove, and Douglas Road Metrorail Stations.
Beginning in April 2014, this Board has expanded the Rapid
Transit System -Development Zone through legislation
creating the following subzones: the Downtown Intermodal
District Corridor (DIDC) Subzone, which was accompanied
by Resolution No. R-353-14, approving an interlocal
agreement with the City of Miami regarding that subzone;
the Brickell Station Subzone, which was accompanied by
Resolution No. R-613-18, approving an interlocal agreement
with the City of Miami regarding that subzone; the
Government Center Subzone; the Historic Overtown/Lyric
Theatre Subzone; the Santa Clara Subzone; and the
Metromover Subzone.
kD The Board further finds that providing for increased density
and for transit -oriented development adjacent to the Stage I
Fixed -Guideway Rapid Transit System will increase mass
transit ridership and thereby further the health, safety, order,
convenience, prosperity, and welfare of present and future
County residents and visitors.
LG�« The Board further finds that the legislative intent, findings
and purposes set forth herein also apply to public or private
Intercity Passenger Rail Systems>>, the Metromover
system, and other rapid transit systems.«,
12
Submitted into the public
record for item(s) PZ.4
on 04E10-L2_022, City Clerk
Agenda Item No. 7(A)
Page 8
Sec. 33C-2. Rapid Transit Zone>>: definitions; designation of
lands included; County jurisdiction; municipal services;
occupational license taxes«,
(A) Definitions. Terms used throughout this article shall take
their commonly accepted meaning unless otherwise defined
in Chapters 18-A, 28, or 33. Terms requiring interpretation
specific to this article are as follows:
(1) [[The]] "Rapid Transit Zone" [[of "RTZ"]] consists
of all land area, including surface, subsurface, and
appurtenant airspace, [[hefetefore—or hereafter-]]
designated >>in this section<< [[by the Beaf=
County]] as necessary for the
construction, operation, maintenance and support of
the County's Rapid Transit System.
(2) [[The]] "Rapid Transit Corridor Station Areas" or
"RTCSAs" consist of County -owned land areas
within the Rapid Transit Zone that are used for bus
lanes, station sites, parking areas for public transit
system, or maintenance shop facilities.
(3) [[The]] "Rapid Transit Corridor Bicycle and
Pedestrian Area" or "RTCBPA" consists of County -
owned land areas within the Rapid Transit.Zone that
are located underneath the fixed guideway structures
and within the Metrorail corridor right-of-way,
excluding lands within the Rapid Transit Corridor
Station Areas."
(4) [[T4ie]] "Department" means the Miami -Dade
County Department of Regulatory and Economic
Resources or its successor department.
(5) >>"DERM" means the Department's Division of
Environmental Resources Management or its
successor department.
(6)« [[Tb�ee]] "Director" means the Director of the
Department, or the Director's designee.
»O« [[(,6) The]] "DTPW" means the Miami -Dade
County Department of Transportation of Public
Works or its successor department.
»L8)« [[(7) The]] "MDAD" means the Miami -Dade
Aviation Department or its successor department.
»09 "MDFR" means the Miami -Dade Fire Rescue
Department or it successor department.
(Z "PROS" means the Miami -Dade County Parks,
Recreation and Open Spaces Department or its
successor department.
13
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Agenda Item No. 7(A)
Page 9
"TPO" means the Miami -Dade Transportation
Planning Organization or its successor agency
12 "Rapid Transit System" includes the Stage I Fixed -
Guideway Rapid Transit System also referred to as
the Metrorail) and the Metromover system, public or
private Intercity Passenger Rail Systems, and other
rapid transit systems within Miami -Dade County.
"WASD" means the Miami -Dade County Water and
Sewer Department or its successor department.<<
(B) Designation of lands included >>in the Rapid Transit
Zone«,
»(D« The Board of County Commissioners hereby
designates >>, as necessary for the construction,
operation, maintenance, and support of the County's
Rapid Transit System, and includes within the Rapid
Transit Zone,<< all land areas (including surface,
subsurface, and appurtenant airspace) shown on
[[Exhibits 1 threAgh 20-,]] >>the following
exhibits<< bearing the following effective dates »z
certified by the Clerk of the Board as a portion of this
chapter, incorporated herein by reference, and
transmitted to the custody of the Department<<:
Exhibit 1, July 31, 1998 [[;]] »i« Exhibits 2
through 9 and Exhibits 11 through 16, July 13, 1979
[[;]] »2« Exhibit 10, May 26, 1983 [[;]] »;«
Exhibit 17, February 13, 2014 [[;]] »i« Exhibit 18,
February 1, 2020; Exhibit 19, February 1, 2020;
Exhibit 20, December 27, 2019; [[]] Exhibit 21,
>>June 12, 2020; and Exhibits 22(A) and 22(B),
March 12, 2021<< [[[iase f eff-eetive date, eeffi fie
by the Clerk of the Board as a portion of this ehapter-,
the eustody of the DepaAment as the Rapid Transit
Zone for- the Stage 1 Fi�ied Guideway Rapid T-fansit
System]]•
»Q« The Director shall submit to each affected
municipality an official map or maps designating the
Rapid Transit Zone which may from time to time be
altered, enlarged, added to, amended or deleted by
ordinance >>of the Board of County
Commissioners<< [[, after a public he fing within
]]•
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on 03 10 2022, City Clerk
Agenda Item No. 7(A)
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(C) Jurisdiction of County. [[
building ]] >>For lands included within the Rapid
Transit Zone pursuant to subsection (B) above, jurisdiction
over the following, all of which relate to the uses expressly
authorized in this chapter, shall be and is hereby vested in
Miami -Dade County regardless of any municipal code,
charter, or ordinance provisions to the contrary:
L Regulatory decisions,<< [[ ]] including,
but not limited to [[,]] >>: comprehensive planning,
district boundary changes,pecial exceptions,
variances, unusual uses,<< site plan approvals >>,
and other zoning_ approvals; historic preservation;
compliance with environmental regulations;<< [[;]]
issuance of building permits »2« [[;]] building
inspections »2« [[,]] construction -related fire
permits and inspections >>,<< but not fire
suppression or fire rescue services or annual
inspections for fire safety [[-,]] »i« compliance
with the Florida Building Code >>and the<< [[;]]
Florida Fire Prevention Code»;« [[;]] issuance of
certificates of occupancy »2« [[�
batr ,]] building >>or<< [[der]]
zoning moratoria »i« [[;]] subdivision approvals
[[;]] »1« and all other types of>>plannin , zoning,
oning,
subdivision, or building functions or other<<
functions typically performed by [[Building and
Zening Departments of theffl departments >>,
boards, or other entities<< that review or issue
development permits >>or development orders.<<[[
)�]]
»(2) Water<< [[water]] and sewer installations [[,
ffl »-
M Street« [[street]] maintenance (including sidewalks
>>and bicycle paths<< where applicable)>>.
Utility<< [[amity ] regulation[[, all of "''''
»(D) Municipal Services.<< Where a municipality continues to
provide [[ether]] services to a property in the Rapid Transit
Zone >>other than those under the County's jurisdiction in
subsection (C) above<<, the municipality shall be
15
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Agenda Item No. 7(A)
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responsible for ensuring that all matters relating to
enforcement of >>requirements within the County's
jurisdiction<< [[Imd use, zoning, of building eo
uir,ements]] that may arise in the course of providing
municipal services are referred to the County's Building
Official, and the municipality shall coordinate with the
County to ensure that affected property owners and tenants
are also informed as to these jurisdictional matters.
»Q Reservation of municipal business tax receipts. It is the
intent of the County that business tax receipts be, and hereby
are, expressly reserved to the municipalities, where
applicable. Accordingly, the uses provided in this chapter
shall, where applicable, be subject to municipal ordinances
relating to business tax receipts.
Sec. 33C-3. Rapid Transit Zone (RTZ) District.
Zoning Designation. All lands subject to this chapter shall
be assigned to the zoning district named "Rapid Transit Zone
(RTZ) District" and, if applicable, to the appropriate subzone
identified in this chapter.
01 All lands that, prior to March 12, 2021, were the
subject of review by the Station Area Design and
Development Program process or other review by the
Rapid Transit Developmental Impact Committee in
accordance with then -applicable provisions of this
chapter, or that received site plan approval, a special
exception, or other zoning action or relief pursuant to
then -applicable provisions of this chapter, shall be
included within the RTZ District and assigned to the
applicable subzone.
(a) This includes, without limitation, the lands
subject to land use plans that were approved
in accordance with the then -applicable
provisions of this chapter, as set forth in
section 33C-1.
All such approved land use plans shall govern
the respective lands, except as otherwise
provided for in this chapter or as otherwise
amended or varied in accordance with this
chapter or other applicable process.
( The boundaries of the RTZ District and its subzones
shall be shown upon the district boundary maps
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Agenda Item No. 7(A)
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maintained on file with the Department in
accordance with section 33-3.
QJ Notwithstanding any other provisions to the
contrary, all portions of the Rapid Transit Zone that
are included within the boundaries of an urban center
or urban area district pursuant to chapter 33 shall be
governed by the applicable urban center or urban
area district regulations rather than this chapter.
« [["fl Uses. No land, body of water, or structure shall be
used or permitted to be used, and no structure shall be
hereafter erected, constructed, reconstructed, moved,
structurally altered, or maintained for any purpose in the
[[Rapid T-fansitgone]] >>RTZ District<<, except as
provided in this chapter.
(1) Administrative designation of RTCSAs and
RTCPBA. The Director may designate or redesignate
County -owned land areas as either RTCSA or
RTCBPA, and in that event, shall thereafter maintain
maps on file showing the respective boundaries of
the RTCSA and the RTCBPA.
(2) Permitted uses. The following uses are permitted
within the Rapid Transit Zone, including the
RTCSAs, RTCPBA, and all subzones:
(3) Additional permitted uses within Rapid Transit
Corridor Bicycle and Pedestrian Area.
Notwithstanding [[subse fie «` below,]] >>section
33C-4<< or any other provisions to the contrary,
unless expressly permitted in section (2) above, uses
within the RTCBPA shall be governed exclusively
by the following standards and procedures.
(a) The following additional uses may be
permitted within the Rapid Transit Corridor
Bicycle and Pedestrian Area, only after
administrative site plan approval of said uses,
including, but not limited to, all structures
and decorative features, by the Director of the
Department in accordance with section 33-
310.4, and subject to the conditions and
approvals specified herein; it is provided,
however, that, for any Metrorail segments
constructed after February 29, 2020, such
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Agenda Item No. 7(A)
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additional uses may only be permitted by
ordinance of the Board of County
Commissioners. Except where otherwise
specified, the uses shall be as defined in
section 33-284.83(B) and shall be subject to
the applicable restrictions from said section
unless specifically provided to the contrary
herein.
(vi) Signs, only in accordance with
section >>33C-13<< [[33C 1211.
(4) Additional permitted uses in areas outside the
RTCSAs and RTCBPA. In addition to those uses
listed in (1) above, the following additional uses shall
be permitted >>in the RTZ District<< outside the
Rapid Transit Corridor Station Areas and outside the
Rapid Transit Corridor Bicycle and Pedestrian Area,
in conformance with the requirements set forth in this
chapter:
(a) Such other uses, including commercial,
office, hotel, governmental, institutional,
health care facilities, rental car facilities, and
residential uses, as may be appropriate to and
compatible with the operation of the Rapid
Transit System or an Intercity Passenger Rail
System and the convenience of the ridership
thereof >>, as authorized pursuant to an
applicable subzone or other provision of this
chapter«.
(b) Intercity Passenger Rail Systems, both public
and private, including all uses permitted for
the Rapid Transit System pursuant to
subsection >>B 2 << [[`n�]] above and
including ancillary facilities associated with
the maintenance and operations of a rail
system. "Intercity Passenger Rail System"
means a rail system that provides passenger
service on a guideway system between two or
more cities, between several destinations
within one city, or both.
im
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Agenda Item No. 7(A)
Page 14
'-
..Ir
- - -------------
W.
..........
ON
19
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>>Sec. 33C-4. Rapid Transit Zone (RTZ) District: general
processes for stations and subzones created prior to April 8,
2014.
Process within incorporated areas subject to a land use plan
adopted pursuant to SADD Program. Except where
provided for otherwise in this chapter, the following process
shall govern development within lands subject to a land use
plan approved through the Station Area Design
Development Program prior to March 15, 2008.
�D« Once adopted, said land use plans shall control all
public actions involving or affecting land use or
development, including action on applications for
zoning relief.
»fQ« [[(d)]] Amendments to said Master Land Use Plans
shall be subject to the [[fafege ]] procedures
»applicable to the initial adoption of such land use
p.Lans<<.
»QJ« [[(e)]] Applications for a site plan approval and
other related zoning actions under a Master Land Use
Plan that was approved by a municipality, and
applications for variances or other zoning relief from
the requirements of any such Master Land Use Plan
or for any other zoning action on land within this
area, shall be considered by the Rapid Transit
Developmental Impact Committee >>in accordance
with the procedures set forth in section 33C-6<<
under the standards and requirements established by
such plan, upon receipt of the recommendations of
the Department and DTPW.
»L4)« [[(4)]] Decisions of the Rapid Transit
Developmental Impact Committee upon such
applications shall be subject to appeal to the Board
of County Commissioners in accordance with the
requirements of section 33-314.
submitted into the public
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Agenda Item No. 7(A)
Page 16
»k5�« [[W]] It shall be the duty of the Clerk of the Board
of County Commissioners to immediately transmit to
the relevant municipality a certified copy of the
Rapid Transit Developmental Impact Committee's
and the County Commission's actions >>ur�suant
[[' d to the i,led F „ fl
to � regur this
subsection.
»L6)« [[N]] An aggrieved party may seek judicial review
of the County Commission's action in accordance
with section 33-316.
»a«[[(3-)]] Process for City of Miami.
»L1J« [[(a)]] Whenever uses authorized by this chapter
are proposed within portions of the Rapid Transit
Zone located within the City of Miami that, as of
March 15, 2008, were not subject to a >>land use
plan approved by the City through the Station Area
Design and Development Program and are not
designated as RTCSA, RTCBPA, or as part of a
specific subzone<< [[set of deveh)Pme + stan ^,.&
]], the
master plan development standards set forth in
section 33C-8 shall control such proposed uses.
Notwithstanding any other provisions to the
contrary, development within and around the
>>Allapattah, Civic Center, Culmer, Vizcaya,
Coconut Grove, and<< Douglas Road Metrorail
»Stations« [[Sttatien]] shall be governed by
section 33C-8.
[[(b) in an area that, as efMafeh 15, 2008, was subjeet to
,a—Masterhand Use -glair-adopted- purtimt to
puragfaph (E)(2) above, that Plan shall eent-Fal all
pine--aetiens involving of a€fe^ arduseer-
development, ifieludingaefien on plieat•^ fi r
zoning r-elief. (eAme, 1....e ffts t!..,ai band and Use Plans shall be
subj\\`"eet—to—th ...L.
mil/�e prvveua ureu oNe^
iFie
(E)(2)a,ove
f-d1 A,.,,.lieeatimns F « site ,. lai . .,1 and other- felate
l�`J 1 zYYiivu�i
zening aeti-onsundef a Mastef handU Use nab}d
aprTl
Alie4iens f l. . otefze,-.iii from
the ante. of ^ eh Plan or f « L. ote«
ni ^
zed-aetrenon land this area lie
C6nSidel=ed—in aeeer-dare
abeam
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Agenda Item No. 7(A)
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(0]]
>>(2)« Downtown Intermodal District Corridor.
Notwithstanding any other provision of this code to
the contrary, whenever uses authorized by >>section
33C-3(B)(4)<< [[sAbpafa ]] are
proposed within the Downtown Intermodal District
Corridor Subzone of the Rapid Transit Zone as
designated in section 33C-9 herein, the procedures
and development standards adopted pursuant to
section 33C-9 shall control.
»Q« [[(4}]] Brickell Station Subzone.
Notwithstanding any other provision of this code to
the contrary, whenever uses authorized by >>section
33C-3(B)(4)<< [[ ]] are
proposed within the Brickell Station Subzone of the
Rapid Transit Zone as designated in section 33C-10
herein, the procedures and development standards
adopted pursuant to section 33C-10 shall control.
»f« [[W]] Government Center Subzone.
Notwithstanding any other provision of this code to
the contrary, all development within the Government
Center Subzone shall be governed solely by section
33C-11.
»kQ« [[(1i)]] Historic Overtown/Lyric Theatre Subzone.
Notwithstanding any other provision of this code to
the contrary, whenever uses authorized by >>section
33C-3(B)(4)<< [[ ]] are
proposed within the Historic Overtown/Lyric
Theatre Subzone as designated in section 33C-12
herein, the procedures and development standards
adopted pursuant to section 33C-12 shall control.
»f�j« [[(i)]] Santa Clara Subzone. Notwithstanding any
other provision of this code to the contrary, whenever
uses authorized by >>section 33C-3(B)(4)<<
[[subpafagr-ap (D)(4) abewfl are proposed within
the Santa Clara Subzone as designated in section
33C-14 herein, the procedures and development
standards adopted pursuant to section 33C-14 shall
control.
»U Metromover Subzone. Notwithstanding any other
provision of this code to the contrary, whenever uses
authorized by section 33C-3(B)(4) are proposed
within the Metromover Subzone as designated in
section 33C-15 herein, the procedures and
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development standards adopted pursuant to section
33C-15 shall control.<<
>>Sec. 33C-5. - Rapid Transit Zone (RTZ) District: pending
regulatory applications, existing zoning district regulations, and
non -conformities.
Pending applications. Notwithstanding any provision to the
contrary, an applicant with an active application that would
be subject to this chapter but that was filed with a
municipality or the County prior to the subject property
being included in the Rapid Transit Zone may continue
under the pending process until the application is decided or
the permit is closed, including issuance of any final
certificates of occupancy for building permits.
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Agenda Item No. 7(A)
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Once the pending process is concluded, all future
applications shall be subject to the County's
jurisdiction as set forth in section 33C-2.
Uses or structures established in accordance with
such a pending_ application shall be subject to the
provisions in this section regardingexistingzoning
oning
designations and nonconformities.
Existing zoning designations; administrative site plan
review required. Until a special exception or other zoning
approval for development is approved pursuant to this
chapter, lands within the RTZ District shall remain subject
to the applicable County or municipal zoning district
regulations that existed prior to inclusion in the RTZ District,
in accordance with the following:
(11,) All such prior regulations shall be administered by
the Courtly pursuant to its regulatory jurisdiction as
set forth in this chapter.
Notwithstanding any such prior regulations or other
provisions to the contrary, no applications for
development permits or development orders on
undeveloped land shall be approved until the
Department has approved a site plan following
administrative site plan review in accordance with
section 33-284.88 and the following additional
requirements:
(a) The Department determines that the site plan
maximizes density or intensity to the greatest
extent practicable, to further the purpose of
this chapter to coordinate land uses with
transportation facilities.<<
(b) [[The Miami DadeT-Fansit Agency]]
»DTPW« certifies that approval of the
application will not have an adverse impact
upon a material element of the »Rapid
Transit System. DTPW« [[Stage 1 Systeffi.
The Nfiaffii Dade T-p— ]] shall,
with respect to any application for which
certification is refused, provide a detailed
written explanation supporting the refusal to
certify and specifying the corrective actions,
if any, which would lead to certification.
>> Notwithstanding any such prior regulations or other
provisions to the contrary, no applications for
development permits or development orders to
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Agenda Item No. 7(A)
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modify existing development or vested development
approvals shall be approved until:
La) The Department has determined that the
proposed modification complies to the
greatest extent practicable with the purpose
and requirements of this chapter to
coordinate land uses with transportation
facilities; and
DTPW issues the certification required in
paragraph (2)(b) above.
Denial of an application pursuant to this section<<
[[The deeis on of the ^ geney]] may be appealed to
the Board of County Commissioners >>in
accordance with section 33-314 for appeals of
administrative decisions<< [[within thift<. '30) days
notiEe of appeal - with the Clerk of the
Getifity Go ; � ,}enema, The Beard of Getinty
visiofiefs, after- giving p4li-e nef}ee- -as
r-eqttifed by Chaptef 33 of the Cede, shall heaf the
r fs' .,etien shall by ; aeeefdanee ..>;,�.
»LQ Non -conforming lots, uses, and structures. Upon
approval of a zoning application pursuant to this
chapter, legally established lots, uses, and structures
that do not conform to the requirements of this
chapter, including approvals granted pursuant to
subsections (A) and (B) above, shall be deemed
nonconforming and shall be subject to section 33-
284.89.2. Notwithstanding any other provisions to
the contrary, a non-conformingdevelopment evelopment may be
expanded by any amount to provide a mixed -use
development, and in that event, only the new mixed -
use development shall be subject to the requirements
of this chapter.<<
Sec. >>33C-6<< [[33C 3 - Rapid Transit Developmental
Impact Committee.
»kAA« [[(0]] There is hereby established a Rapid Transit
Developmental Impact Committee [[&ieetAive Gotinei']]
>>RTDIC .
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M The RTDIC shall be<< composed of >>:
(aa) two representatives of the Department,
which shall be a combination of either the
Director, the Assistant Director for zoning,
or the DERM Director;
a Director or Assistant Director of DTPW.
MDFR, WASD, and PROS;
(cc) the Secretariat of the TPO;
the County Mayor or desi nee;<< [[the
Gv u,4_y a Lv v viv
33 303.1, Miami Dade County ]] and
»Le)« two representatives >>selected bv<<
[[]] the applicable municipality when
the subject property is located within one of
the following municipalities: City of South
Miami, City of Coral Gables, City of Miami,
and the City of Hialeah.
»(2) Each member may assign staff of the respective
department to act on the member's behalf as needed.
LUJ« [[(b)]] Notwithstanding any other provisions to the contrary,
>>except as specified within the applicable subzone
regulations,<< for developments located within the
Downtown Intermodal District Corridor Subzone
established by section 33C-9, the Brickell Station Subzone
established by section 33C-10, the Historic Overtown/Lyric
Theatre Subzone established by section 33C-12, and the
Santa Clara Subzone established by section 33C-14, [[the
Rapid T s;t Deyel.,,,.men4.,l T..,. ,...,,.,.. paet re;t+ ]] shall be
i�uYiu i r"
composed of>>the representatives identified in paragraphs
(A)(1) a)-(d) above and<< (-'o
[[the unty's Devel l ptnen
w.��.v
I mp et Committee- xecuiveGeurteil cffltl]] three
representatives from the City of Miami. [[In addition, the f
the County lle aft identified in seetion 33-303.' (A )
and 4i11 V V 1 Vpre JVll l,ul.1 V VJ 11 Vlll the City vnMR1117-]]'
>>TlheRTDIC shall perform its duties in accordance with<<
[[(-o The _Rapid T,-ans t Developmental T,...,, aet ! _i#e
shall stibjeet to]] the procedures specified in section 33-
303.1 >>, unless provided otherwise in this chapter« [[,
per-fefm th., duties in this seetm6n aiid seetions
33C 2 and 33C-4]].
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»(D)« [[(d)]] Except as expressly provided in this >>cha ter«
[[see4eff]], mailed notice of hearings before the Rapid
Transit Development Impact Committee [[pur-sttant to
Seetion 33G-2]] shall be provided in the same manner as
hearings on applications filed before the Community
Zoning Appeals Board pursuant to section >>33-310<<
[[33 340(d)(3)ef the speeial exeeptiefis
»M« Mailed notice of the hearing shall also be provided
simultaneously to the municipality in which the
application site is located.
»(2)« Applications shall comply with the procedural
requirements of section 33-304.
»Q« [[(0]] Notwithstanding any other provision of this code
to the contrary, for the Downtown Intermodal District
Corridor Subzone established by section 33C-9, the
Brickell Station Subzone established by section 33C-10, the
Historic Overtown/Lyric Theatre Subzone established by
section 33C-12, and the Santa Clara Subzone established
by section 33C-14, notice of meetings before the Rapid
Transit Developmental Impact Committee shall comply
with the procedures set forth in those respective sections.
■
■
■
MA
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..
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Sec. 33C-9. - Downtown Intermodal District Corridor
»Subzone« [[S*b-Zene]].
Sec. 33C-10. - Brickell Station »Subzone« [[8*b-Z,&"]],
(A) Purpose and Intent. The following development review
standards and criteria shall govern applications for Initial
Plan Approval of the general site development plan and
applications for Final Site Plan Review for all development
to be located within the boundaries of the Brickell Station
»Subzone« [[844-ope]] established in this section. The
standards set forth herein further the unique land use
characteristics of this area, which lies within the City of
Miami Urban Core, as defined in >>section<< [[Seetiea]]
33-84, and within the Downtown Regional Urban Center, as
designated on the Land Use Plan Map of the County's
Comprehensive Development Master Plan, and are
consistent with, and support the City's commitment to,
principles of urban planning, including responding to the
existing conditions of the City, its downtown corridor, and
its natural features, infrastructure, and buildings, improved
mobility, enhanced pedestrian environment, and the
reduction of urban sprawl. Development in this sub -zone
also addresses government service and infrastructure needs
of this quickly growing area, and therefore projects within
this sub -zone are encouraged to incorporate public service,
public infrastructure, or public benefit components,
including, but not limited to, a police or fire station, regional
sewer pump station, and affordable housing.
(B) Boundaries. The Brickell Station »Subzone« [[Stlb-
]] of the Rapid Transit Zone is hereby established; the
boundaries of the sub -zone are identified in Exhibit 18 of
»section [[Ses ienfl 33C-2(B). The legal description
and a full-scale map of the boundaries are on file with the
»Department« [[
W IT MTRI
:...:.::.�:. �1
(C) Permitted Uses. The following uses shall be permitted in the
Brickell Station »Subzone« [[&tee]], either alone or
as mixed uses in horizontal or vertical integration. "Vertical
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Agenda Item No. 7(A)
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integration" means any combination of primary uses (such
as passenger transit systems or businesses) located on the
ground floor, and residential and accommodation uses such
as hotels on the upper floors. "Horizontal integration" means
any combination of parcels or buildings and structures with
different primary uses within the same development.
(E) Initial Review.
(1) Application. Following the pre -application
conference, a request for approval of a general site
development plan for development within the
Brickell Station >>Subzone<< [[cam]], shall be
made by filing an application with the RTDIC in
accordance with the provisions of >>section<<
[[Seetien]] 33-304. Said application shall be
considered a special exception for approval of a
general site development plan to be considered and
acted upon directly by the Board of County
Commissioners pursuant to the development
regulations established in this section. Applications
shall comply with the procedural requirements of
»section [[fin]] 33-304 [[of this
Sec. 33C-11. - Government Center Subzone.
(A) Purpose and Intent. The following development review
standards and criteria shall govern all applications for
development of properties located within the boundaries of
the Government Center Subzone established in this section.
The standards set forth herein further the unique land use
characteristics of this area, which lies within the Downtown
Regional Urban Center, as designated on. the Land Use Plan
Map of the CDMP, and within the City of Miami Urban
Core, as defined in >>section<< [[Seetiefi]] 33-84. The
CDMP calls for the highest level of development density and
intensity within the Regional Urban Center, which is
anchored by the Government Center Metrorail/Metromover
Station. These standards implement CDMP policies calling
for coordination of land uses and transportation facilities to
promote transit -oriented development, attract transit
ridership, and establish a more compact and efficient urban
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Agenda Item No. 7(A)
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form within the Urban Development Boundary in this high -
density, high -intensity area >>as well as policies calling for
development of urban centers to be physically cohesive, to
provide meaningful open spaces and enhanced pedestrian
environments, and to incentivize affordable housing <.
(C) Permitted Uses.
(1) All uses allowed in >>section 33C-3(B)Q<<
[[Seetien-33C 2(D)(1)]]
(G) Review and approval process. Notwithstanding any other
provisions in this chapter, the review procedure for
development within the Government Center Subzone shall
be as follows:
(1) Initial Review.
(b) Following the pre -application conference, the
uses enumerated in >>section 33C-
3 B 2 << [[S(1)]], and civic
uses permitted under subsection 33C-
II(C)(2) that are governmental facilities as
defined in >>section<< [[Seetieafl 33-
303(b)(1), may be approved in accordance
with the procedures for approval of
governmental facilities set forth in
>>section<< [[Seetian]] 33-303.
Sec. 33C-12. - Historic Overtown/Lyric Theatre Station
Subzone.
(C) Permitted Uses. Permitted uses shall be in accordance with
>>section<< [[Seetion ] 33C-10(C) relating to the Brickell
Station >>Subzone<< [[Scrv-zone ]], which are incorporated
by reference herein.
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(D) Procedures for approval and development standards.
»(I)« Applications for development in the subzone shall
be governed by the pre -application and application
procedures and development standards relating to the
Brickell Station »Subzone« [[S>e]],
including the requirements for a supermajority vote
of the Board in certain circumstances, as set forth in
>>section<< [[Seetien]] 33C-10(D), (E), (F), (G),
and (I), which are incorporated by reference herein.
»Q« Notwithstanding the foregoing, County -owned
properties in the subzone, as identified on Exhibit 20,
shall be governed by the pre -application and
application procedures and development standards
relating to the Government Center Subzone, as set
forth in>>section<< [[Seetien]] 33C-11(D), (E), (F),
and (G), which are incorporated by reference herein.
See. 33C-14. - Santa Clara Station Subzone.
(C) Permitted Uses. Permitted uses shall be in accordance with
>>section<< [[Beet en]] 33C-10(C) relating to the Brickell
Station »Subzone« [[rt]], which are incorporated
by reference herein. In addition, the follow uses shall be
permitted:
(D) Procedures for approval and development standards.
»0« Applications for development in the subzone shall
be governed by the pre -application and application
procedures and development standards relating to the
Brickell Station »Subzone« [[cam-zetie]],
including the requirements for a supermajority vote
of the Board in certain circumstances, as set forth in
>>section<< [[Seetien]] 33C-10(D), (E), (F), (G),
and (I4), which are incorporated by reference herein.
»Q« Notwithstanding the foregoing, any County -owned
properties in the subzone shall be governed by the
pre -application and application procedures and
development standards relating to the Government
Center Subzone, as set forth in »section«
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Agenda Item No. 7(A)
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[[lion]] 33C-11(D), (E), (F), and (G), which are
incorporated by reference herein.
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(b) DTP3A' eertifies—th4 appfeval efthe
open a matefial element of the Rapid Tfansi
System. DTPW shall, with r-espeet to an
provide a detailed vffWen ex -planation.
appliepAien will not have an adverse impae
be appealed to the Beafd of GeufAy Commissionefs
i37 in aeeofdaflee with Seetion 33 314 f appeals of
(4)]] Conflicts. The development review procedures, standards,
and criteria set forth in this section shall govern in the event
of a conflict with other zoning, subdivision, or landscape
regulations of this code or with the Miami -Dade County
Public Worts Manual.
>>See. 33C-15. Metromover Subzone.
A) Purpose and Intent. The following development review
standards and criteria shall govern applications for initial
plan approval of the general site development plan, and
applications for final site plan review, for all development to
be located within the boundaries of the Metromover Subzone
established in this section. These standards are consistent
with, and support the County's and the City's commitment
to, principles of urban planning, including improved
mobility, enhanced pedestrian environment, and the
reduction of urban sprawl.
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Agenda Item No. 7(A)
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(> Boundaries. The Metromover Subzone of the Rapid Transit
Zone is hereby established; the boundaries of the subzone
are identified in Exhibit 22 of section 33C-2. The legal
description and a full-scale map of the boundaries are on file
with the Department.
�C) Permitted Uses: Permitted uses shall be in accordance with
section 33C-11(C) relating to the Government Center
Subzone, which are incorporated by reference herein.
Procedures or approval and development standards.
Applications for development in the subzone shall be
governed by the pre -application and application procedures
and development standards relating to the Government
Center Subzone, as set forth in section 33C-11(D), (E)F),
and (G), which are incorporated by reference herein.
Platting. Separate parcels located within the subzone and
made subject to a unity of title or covenant in lieu of unity of
title shall not be deemed a subdivision and shall be exempt
from the platting requirements of chapter 28.
Conflicts. The development review procedures, standards,
and criteria set forth in this section shall govern in the event
of a conflict with other zoning, subdivision, or landscape
regulations of this code or with the Miami -Dade County
Public Works Manual.<<
Section 2. Section 33-314 of the Code of Miami -Dade County, Florida is hereby
amended as follows:
Sec. 33-314. Direct applications and appeals to the County
Commission.
(C) The County Commission shall have jurisdiction to directly
hear other applications as follows:
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Agenda Item No. 7(A)
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(6) Applications for appeals of administrative decisions.
Upon application [[few]], hear and decide appeals
where it is alleged there is an error in [[the]] any
order, requirement, decision»=« or determination
made by an administrative official in the
interpretation of any portion of the regulations, or of
any final decision adopted by resolution, except
appeals of administrative site plan review, or appeals
of administrative variances pursuant to the
provisions of >>section<< [[Seetief]] 33-36.1 [[of
t-he tee]], said appeals first being under the
jurisdiction of the Community Zoning Appeals
Board >>CZAB <<. It is provided, however, that
where zoning requests >>that<< [[wh"]] would
ordinarily be heard before the »CZAB«
[[ ]] are joined
with a request for an appeal of an administrative
decision, the zoning requests shall remain pending
before the »CZAB« [[
Appeals Boarfl]] until the appeal of the
administrative decision has been determined by the
»County Commission« [[eaf,—oeufAy
C o n]]
(9) Upon application for, hear and decide appeals of
decisions of the Rapid Transit Developmental
Impact Committee pursuant to »chapter«
[[Ghapte ]] 33C.
(20) Applications for special exception for a general site
development plan within the Government Center
Subzone >>or Metromover Subzone<< of the Rapid
Transit Zone >>, or as otherwise provided in chapter
33C« [[, ]].
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 by such invalidity.
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Submitted into the public
record for item(s) PZ.4
on 03/10/2022 City Clerk Agenda Item No. 7(A)
Page 32
Section 4. It is the intention of the Board of County Commissioners, and it is hereby
ordained that the provisions of this ordinance, including any sunset provision, shall become and
be made a part of the Code of Miami -Dade County, Florida. The sections of this ordinance may
be renumbered or relettered to accomplish such intention, and the word 'ordinance" may be
changed to "section," "article," or other appropriate word.
Section 5. 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.
PASSED AND ADOPTED: April 20, 2021
Approved by County Attorney as f • n (�
to form and legal sufficiency:
Prepared by:�
Dennis A. Kerbel
Prime Sponsor: Commissioner Eileen Higgins
Co -Sponsors: Vice -Chairman Oliver G. Gilbert, III
Commissioner Sally A. Heyman
37
Legend
Metromover
Metro Rail (for reference only)
Metromover Subzone (Private Property)
® Metromover Subzone (County -owned Property)
Government Center (for reference only)
NW 11TH TER I 0
rli
t— —.
E FLAGLER ST
_ m
BE 1ST ST
N
m m
z
_ o
a
BLVD ...T BLVD
Exhibit 22 (A) RTZ - Metromover Subzone