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ORDINANCE RELATING TO THE RAPID TRANSIT SYSTEM-DEVELOPMENT ZONE; AMENDING SECTIONS 33C-2 AND 33C-3.3 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; EXPANDING THE SMART CORRIDOR SUBZONE OF THE RAPID TRANSIT ZONE TO ENCOMPASS CERTAIN PRIVATE PROPERTY IN THE VICINITY OF SW 27 AVENUE AND SW 28 LANE LOCATED WITHIN A QUARTER MILE OF A PUBLIC TRANSIT STATION; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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WHEREAS, among other objectives, Ordinance No. 22-106 created the SMART Corridor Subzone of the Rapid Transit Zone (RTZ), which consisted of properties within the SMART Corridor rights-of-way and certain delineated County-owned real properties, provided for the County to exercise land use regulatory jurisdiction over certain properties within the SMART Corridor Subzone, and provided procedures for zoning approval within the SMART Corridor Subzone; and
WHEREAS, the County�s Comprehensive Development Master Plan (CDMP) calls for the coordination of land uses and transportation facilities to, among other things, attract transit ridership, produce short trips, and minimize transfers; and
WHEREAS, providing for increased density and transit-oriented development adjacent to the County's existing mass transit system will increase ridership on the County's public transportation system and further the health, safety, order, convenience, prosperity and welfare of the present and future citizens of the County; and
WHEREAS, as described in Exhibit A attached hereto, there is a certain private property located at 2640 SW 28 Lane, currently identified by Folio Number 01-4115-008-3250 that is less than a quarter mile from the Coconut Grove Metrorail Station; and
WHEREAS, the private property owner of property located at 2640 SW 28 Lane, currently identified by Folio Number 01-4115-008-3250 has requested to be included within the SMART Corridor Subzone and under the County�s exclusive regulatory jurisdiction pursuant to section 33C-3.3(H)(1); and
WHEREAS, this Board seeks to expand the SMART Corridor Subzone to include the above identified private property and to designate such property as under the County�s exclusive regulatory jurisdiction,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The foregoing recitals are incorporated into this ordinance and are approved.
Section 2. Chapter 33C of the Code of Miami-Dade County, Florida is hereby amended to read as follows:1
Chapter 33C - RAPID TRANSIT SYSTEM�DEVELOPMENT ZONE

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Sec. 33C-2. Rapid Transit Zone: definitions; designation of lands included; County jurisdiction; municipal services; occupational license taxes; municipal impact fees.


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(B) Designation of lands included in the Rapid Transit Zone.

(1) 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 the following exhibits bearing the following effective dates, 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; Exhibits 2 through 9 and Exhibits 11 through 16, July 13, 1979; Exhibit 10, May 26, 1983; Exhibit 17, February 13, 2014; Exhibit 18, February 1, 2020; Exhibit 19, February 1, 2020; Exhibit 20, December 27, 2019; Exhibit 21, June 12, 2020; and Exhibit 22(A), October 13, 2023, and Exhibit 22(B), December 12, 2025, Exhibit 23, December 11, 2021; Exhibits 24-26, and 28-31 and 33, 34, September 11, 2022, Exhibit 27, September 16, 2023; Exhibit 35, May 17, 2024; Exhibit 36, October 11, 2024; Exhibit 37, May 16, 2025; [[and]] Exhibit 38, September 13, 2025 >>and Exhibit 40 [insert effective date]<<.

(2) The Board of County Commissioners hereby designates as, and includes within, the Rapid Transit Zone all land areas (including surface, subsurface, and appurtenant airspace) located wholly or partially within one-half mile of each of the Smart Plan Corridors, or within one mile of the East-West Corridor, identified on Exhibit 32, September 11, 2022, subject to section 33C-3.3.


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Sec. 33C-3.3. SMART Corridor Subzone; additional permitted uses; development standards; review and approval procedures.


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(H) Jurisdiction over rights-of-way and County-owned and certain other properties within the SMART Corridor Subzone in incorporated and unincorporated areas.

(1) Notwithstanding any provision to the contrary, the following shall be under the County�s exclusive regulatory jurisdiction pursuant to subsection 33C-2(C):

(a) SMART Corridor rights-of-way; and

(b) County-owned real properties in the incorporated and unincorporated areas meeting the qualifications set forth in this subsection (H) and designated private properties delineated in subsection (H) and shown on Exhibit 27, Exhibit 35, [[and]] Exhibit 37>>, and Exhibit 40<<; and

(c) The real properties shown on Exhibits 33 and 34.

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(4) Subject properties.
(a) This subsection (H) shall apply to a single property, or one or more contiguous or adjacent properties, that meet the following qualifications, regardless of whether such properties are specifically identified on the referenced exhibits or are partially located outside of the applicable boundaries:

(i) are owned by Miami-Dade County; and
(ii) are individually or collectively 0.5 acres or more in size; and
(iii) are located wholly or partially within one-half mile of each of the SMART Plan Corridors, or within one mile of the East-West Corridor, identified on Exhibit 32; and
(iv) are not excluded from the SMART Corridor Subzone pursuant to subsection (A) above.

(b) Notwithstanding any provision to the contrary, this subsection (H) shall also apply to the selected properties identified on Exhibit 27, which are further identified by the following folio numbers: 01-4109-048-0010, 01-4120-045-0010, 01-4121-000-0010, 01-4121-005-0010, 01-4121-005-0030, 01-4121-006-0330, 01-4121-007-0610, 01-4121-007-0740, 01-4121-007-0860, 01-4121-007-0870, 01-4121-007-0880, 01-4121-007-0890, 09-4025-063-0010, 01-4121-004-0040, >>01-4115-008-3250,<< and 09-4025-063-0040.

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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.
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.


1 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.