Ord. No. 13-81-1107ORDINANCE NO.13-81-1107
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA,
ADOPTINGTHESOUTHMIAMICOMPREHENSIVEPLANPURSUANT
TO SECTION 163.3161 ET SEQ.,FLORIDA STATUTES,
ESTABLISHING INTENT AND CERTAIN FINDINGS OF FACT;
ESTABLISHING CERTAIN PLAN COMPONENTS,INCLUDING
PRIMARY COMPONENTS,GUIDING PRINCIPLES ANDSUPPORTIVE
MATERIAL;ESTABLISHING THELEGALSTATUSOFEACHOF
THE DIFFERENT PLAN COMPONENTS;ESTABLISHING THE
NECESSITY FOR FURTHER IMPLEMENTATION;ESTABLISHING
MANDATORY REVIEW AND ANNUAL AMENDMENT PROCEDURES;
PROVIDING FOR SEVERABILITY;REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT THEREWITH,AND
PROVIDING WHENTHIS ORDINANCE SHALL TAKE EFFECT.
WHEREAS,the Planning Advisory Board of the City of South Miami held
the required public hearings pursuant to Section 163.3184,Florida Statutes,and
has recommended the adoption of a Comprehensive Plan,and
WHEREAS,said Plan has been reviewed by the State,Regional and
County Planning Agencies,and the City has responded to those reviews.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Pursuant to the provisions of the "Local Government Compre
hensive Planning Act of 1975",as contained in Section 163.3161 et seq.,Florida
Statutes (Supp.1978),as may be amended from time to time,the Mayor and City Commis
sion of the City of South Miami hereby declare that the South Miami Comprehensive Plan,
the original of which is on file with the City Clerk,shall be the Official Compre
hensive Plan which will provide the framework for preparing future,more detailed plans,
and for implementing all Comprehensive PlanningPrograms to guide and control future
development in the City of South Miami.
Section 2.Declarations and Findings of Fact
The Mayor and City Commission of the City of South Miami hereby
declare and find that uncoordinated use of lands within the City threatens the
orderly development,the environment of the City,and the health,safety,order,
convenience,prosperity and welfare of the people of this City.The Mayor and City
Commission,recognizing that man depends on his biological and physical surround
ings for food,shelter,and for cultural enrichment as well,in recognizing further,
the profound impact of man's activity on the inter-relations of all components of
the natural environment,particularly the profound influences of population,growth,
high-density urbanization,and new and expanding technological advances,and
recognizing further,the critical importance of restoring and maintaining environ
mental quality to the overall welfare and development of man,declares that it is
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the continuing policy of the City of South Miami to:
(a)Foster and promote the general welfare;
(b)Create and maintain conditions under which man and nature can
exist in productive harmony;and
(c)Fill the social,economic,and other requirements of the present
and future generations of citizens of South Miami.
Accordingly,it is the purpose and intent of this Plan to assure for
all people of South Miami,a safe,healthful,productive,and aesthetically and
culturally pleasing surroundings;to attain the widest range of beneficial uses of
the environment without unreasonable degradation,risk tothe health or safety,or
other undesirable and unintended consequences;to preserve important historic,
cultural and natural aspects of our national heritage;to maintain,wherever possible,
environment which supports diversity and variety of individual choice;to achieve a
balance between population and natural and manmade resources,which will permit a
high standard of living and a wide sharing of life's amenities.
Accordingly,the Mayor and City Commission hereby recognize that each
person has a fundamental and inalienable right to a healthful environment,and that
each person has a responsibility to contribute to the preservation and enhancement
ofthe environment.
Section 3.Plan Components
The Mayor and City Commission of the City of South Miami,Florida,
hereby declare that the South Miami Comprehensive Plan shall contain the following
adopted components:
(a)Primary Components.Primary Components shall consist of the
following portions of the South Miami Comprehensive Plan,as amended:
(1)The Numbered Goals,on pages 1-10 through 1-18;
(2)The Traffic Circulation Plan,pages T-26 through T-31;
(3)Future Land Use Development Policies,including the Future Land
Use Plan and the associated written descriptions,pages L-45 through L-67.
These primary Components are intended to be utilized in directing
public and private development actions and orders.
(°)Guilding Principles.Guiding Principles shall consist of the
following portions of the South Miami Comprehensive Plan,as amended:
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(1)The unnumbered objectives and policies and the associated
written descriptions,pages 1-10 through 1-18,S-36 and S-37,T-32 through T-46,
C-12 and C-13,H-20 and H-21,R-21,U-5,G-10 and G-11,and E-1 through E-3,and E-10
These Guiding Principles shall be considered prior to public and
private development actions and orders.
(c)Supportive Material.Supportive Material shall comprise the
remainder of the South Miami Comprehensive Plan which are not referenced in Sub
sections (a)and (b)of this Section 3 above.
Section 4.Legal Status
(a)Those portions of the South Miami Comprehensive Plan designated
as Primary Components,which contain expressions of public policy in the form of
goals,statements,generalized maps,and related written descriptions,are hereby
declared to be the official long-range and comprehensive guide for the orderly
growth and development of South Miami,Florida,and are adopted to direct and achieve
coordinated and harmonious development and land use in a manner which will permit
the planning for adequate community facilities,and protect the ecological balance of
the environment in order to promote the public health,safety,convenience,pros
perity and general welfare of the City's citizens and visitors.
In furtherance hereof,the Mayor and City Commission hereby declare
its policy and intent to evaluate and consider all its public actions involving or
affecting land use or development,including action on applications for zoning
relief,to be in conformity with the Primary Components,as expressed by and through
the South Miami Comprehensive Plan,and to determine whether such action or actions
will better serve the Community.
Further,in recognition that zoning has been,and shall continue to
be a major tool for the implementation of land use and development policies,it
shall henceforth be required that applicants for zoning relief shall affirmatively
establish the manner in which the development proposal and requested change in land
use conforms to and is consistent with the Primary Components expressed by the South
Miami Comprehensive Plan.Proposed developmental actions and orders shall be de
termined to further the attainment of the intent of these Plan Components which
embody the essence of the community's development policy,and any deviations shall
be approved only if a clear,compelling purpose is determined or Plan error identified.
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(b)That portion of the South Miami Comprehensive Plan designated as
Guiding Principles,which contain objective and policy statements,plus the guide
lines and associated written descriptions,is hereby declared to be officially
adopted by the Mayor and City Commission.Public and private developmental decisions
shall not be made until after the Guiding Principles have been considered and evalu
ated.The objective,policy,and guideline statements are intended to be applied
ina flexible manner.
(c)That portion of the South Miami Comprehensive Plan designated as
Supportive Material (material other than Primary Components and Guiding Principles)
is hereby declared to be officially adopted by the Mayor and City Commission.
Supportive Material may be utilized as additional information in resolving develop
mental decisions.Supportive Material may not be utilized as the sole grounds
for determining a developmental decision.
(d)Vested Rights.Nothing contained herein shall be construed as
affecting validly existing vested rights.It shall be the duty and responsibility
of the applicant alleging vested rights to affirmatively demonstrate the legal re
quisites of vested rights.Rights shall vest upon a demonstration to the Mayor and
City Commission of the City of South Miami that the applicant (1)has relied in good
faith,(2)upon some act or omission of the government,(3)and has made such a
substantial change in position or incurred such extensive obligations and expenses to
the applicant's detriment as to create an undue hardship.The mere existence of
zoning contrary to the South Miami Comprehensive Plan shall not be determined to vest
rights.Developmental actions or orders that preceded the official adoption of
this Ordinance shall remain in full force and effect as if this Ordinance had not
been adopted,but subject to application and review in accordance with all applicable
Codes.
(e)Developmental action or order shall mean any order granting,deny
ing,or granting with conditions,an application for development permit which shall
include any building permit,subdivision approval,rezoning,certification,special
exception,variance,or any other official action of South Miami having the effect
of permitting the development of land.
(f)For the purposes of this Ordinance,the term "consistent with"
and "in conformity with"shall mean that all developmental actions or orders shall
tend to further the primary components of the South Miami Comprehensive Plan,and
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will not inhibit or obstruct the attainment ofthe articulated policies contained
therein.
Section 5.Necessity for Further Implementation.
It is hereby declared that the South Miami Comprehensive Plan shall
be the basis for more specific rules,regulations,and Ordinances which shall
implement the policies,standards,and objectives expressed in the Plan.
Section 6.Mandatory Review.
The South Miami Comprehensive Plan maybe reviewed as often as once
every yearbythe Planning Advisory Board acting as the Local Planning Agency,or
atany time,as requested bythe Mayor and City Commission,butthe Comprehensive
Plan shall be thoroughly reviewed at least once every five (5)years in the manner
prescribed by Section 163.3191,Florida Statutes.
Section 7.Annual Amendment Procedures.
In an effort to maintain the overall integrity of the Comprehensive
Plan and provide for coordinated review of requested amendments,requests for
amendments to the Comprehensive Plan shall be accepted only during November and
December of each year,except that the Mayor and City Commission may initiate an
amendmentatanytimeby Resolution.
(a)Applications for amending the South Miami Comprehensive Plan may
be filed with the Building,Zoning and Community Development Department during the
months of November and December of each year..Said applications for amendments shall
be processed in the manner prescribed by Section 163.3187,Florida Statutes,and the
requirements of the Official Zoning Ordinance of the City of South Miami.Where there
is a conflict between these requirements,the State Law shall take precedence.
(b)The Planning Advisory Board shall hold a preliminary public hearing
on all proposed amendments during the month of January.
(c)After the preliminary public hearing,the Building,Zoning and
Community Development Department shall prepare a final review and recommendation
regarding each application.Said report shall be presented to the Planning Advisory
Board no later than the third Monday in March.
(d)The Planning Advisory Board shall hold a second public hearing
as soon as possible after the transmittal of the final recommendations,but no later
than the first fourteen (14)days of April,and shall make a final recommendation to
the Mayor and City Commission no later than the last Wednesday in April.
(e)The City Commission,after one or more public hearings,shall
take final action on all applications no later than the second Tuesday of June.
(f)Amendments initiated by the Mayor and City Commission at times
other than those listed in Subsection (a)shall be processed according to the
following:
(1)The Planning Advisory Board shall hold its initial public hearing
within thirty (30)days of the initiation request.
(2)The Building and Zoning Department shall transmit its final
recommendation to the Planning Advisory Board on or before forty-five (45)days after
the initial Planning Advisory Board hearing.
(3)The Planning Advisory Board shall hold at least,a second public
hearing,and transmit their final recommendation to the Mayor and City Commission
within thirty (30)days of receipt of the Building and Zoning Department final
report.
(4)Thereafter,the Mayor and City Commission shall hold one or more
public hearings and take final action as soon as possible.
Section 8.Severability.
If any clause,section,or other part of this Ordinance shall be held
invalid or unconstitutional by any court of competent jurisdiction,the remainder of
this Ordinance shall not be affected thereby,but shall remain in full force and
effect.
Section 9.All Ordinances or parts of Ordinances in conflict herewith
be,and the same are hereby repealed insofar as there is a conflict or inconsistency.
Section 10.This Ordinance shall take effect immediately at the time
of its passage.
PASSED and ADOPTED this 3rd day of June ,1981.
ATTEST:
(C/UJt
CITY CLERK
Passed on 1st Reading:5/1^/81
Passed on?nd Readinq:6/3/81
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APPROVED:
Moved by M»1*A-j%Z£/
Seconded byZfrWfr^.AvMtys wrz.
YES
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NO
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