Ord No 28-24-2513ORDINANCE NO. 28-24-2513
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING ARTICLE VIII "TRANS IT-
SUPPORTIVE DEVELOPMENT DISTRICT" TO MODIFY
APPLICABLE DEVELOPMENT REGULATIONS;
PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE
DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provides municipalities with the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, the City of South Miami (the "City") has adopted a Land Development Code
(the "LDC") to promote the health, safety, community acceptable standard of morals and general
welfare of the residents of the City of South Miami through the stated regulations of this LDC; and
WHEREAS, the City Commission finds it periodically necessary to amend the LDC in
order to update regulations and procedures to implement planning goals and objectives; and
WHEREAS, Section 163.3167, Florida Statutes, requires the City to maintain a
comprehensive plan to guide its future development and growth (the "Comprehensive Plan"); and
WHEREAS, the Comprehensive Plan contains a Future Land Use Element with a primary
emphasis of protecting single family neighborhoods from encroaching development, including
mUltiple references to appropriate transitions and ensuring compatibility; and
WHEREAS, Goal 2 of the Future Land Use Element seeks to encourage redevelopment
of the City's Hometown District as a "walkable, mixed-use town center," while Goal 3 recognizes
the importance of "increased intensity of mixed-use projects and flexible building heights" in areas
that can "take advantage of the proximity of the Metrorail ... where residents can live and work
in a pedestrian-oriented environment," a goal that is consistent with State and County planning
objectives for urbanized areas; and
WHEREAS, Goal 6 of the Future Land Use Element recognizes the importance of
"support[ing] the economic viability of the City through an adequate tax base and development
that allows for the efficient provision of City services;" and
WHEREAS, other elements of the Comprehensive Plan recognize the importance of
protecting single family neighborhoods, ensuring sustainability, providing for efficient Town
Center and transit-supportive development, and growing the tax base; and
WHEREAS, despite the emphases described above, and the substantial development
within surrounding cities and along the US I corridor, development in South Miami has lagged and
Ord. No. 28-24-2513
th e Ci ty h as so far h a d c hall e nges in le veraging it s d es ir a bl e locatio n, p rox imity to m ass tran s it,
and ce ntrali zed hi s toric To w n Cent e r area , to foster s ufficient n ew d evelopm e nt ; a nd
WHEREAS, the City Co mmi ss ion finds that development in the tran s it supportive areas
that includes the Town Ce nt e r, a nd along major co rrid ors and s urro unding s upp ortive
deve lopment, as implemented b y th e Co mpreh e n s ive Plan , lags far behind the urbani zed centers
of surro unding c iti es a nd po pul ati o n centers, lead in g to s t agnation in tax ba se grow th , and
fru s trating the aim of res idents livin g, working, and enjoying a wa lk ab le , mixed-use t ow n center
are a; a nd
WHEREAS , to a ddress thi s, and to fo s te r appropriate development o f the Town Center
and tra ns it-s upp ortive areas, the C ity Co mmi ssio n commissioned a Planning Study to id e nti fy
appropriate amendments to it s Co mprehens ive Pl a n and Land De ve lopment Co de ; and
WHEREAS , after ha v in g eva lu ated th e Plannin g Stud y and considered the C it y'S goals
for d ev elopment a nd enhancement of it s tra ns it s upp orti ve area in cluding th e Town Cente r, a nd
a long major corrido rs and s urro unding s upportive de velopment , the C ity Co mmi ss ion initi ated
amendments to it s Co mprehe ns ive Plan to furt h e r encourage development, while continuing to
protect lowe r den s ity neighborhood s, are appropriate; and
WHEREAS, th e Ci ty Co mmi ss io n de s ire s to a mend Art icl e VIII. "Tra nsit-S upp ort ive
Deve lo pment Di s trict" to m o di fy the ap pli ca bl e deve lo pm e nt regulati o ns consistent w ith the
amendments to the Co mprehen s ive Plan , as set forth in Ex hibit "A " attach ed h e re to ; and
WHEREAS , on August 13 ,2024, th e Pl mming Board , s itting in its capacity as t he Local
Pl a nnin g Agenc y, rev iew ed this Ordinance a nd vo ted unanim o us ly to recommend adoption to
the C ity Co mmi ssio n ; a nd
WHEREAS , o n Septemb e r 3,2024, the C ity Co mmi ss io n a ppro ved the o rdinance on fir st
reading; and
WHEREAS, on Nove mb e r 4 , 2024, th e C ity Co mmi ss io n rem a nd ed the o rdin ance to the
Planning Board for further considerati o n; and
WHEREAS, o n December 3 ,2024, the Pl a nnin g Bo a rd , s itting in it s capac it y as the Local
Planning Agency, further co n s id ered the o rdin a nce a nd vote d t o recommend to the C ity
Commission that the ord in ance [be/no t b el adopted; and
WHEREAS, on December 10 ,20 24 , the C ity Commi ss ion cond ucted a duly noticed public
hearing as req uired by law a nd a pp roved the o rdin a nce o n seco nd read ing.
NOW, THEREFORE, BE IT ORD AINE D BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS: I
I Codi ng: Modifi ca tion s following th e Pl annin g Boa rd hea ring are hi g hli g ht ed. C hanges be twee n fir s t and second
readin g are in dica ted w ith dettb.I@-8 t'Rkoou:e tt~ and d.ID.lbje und e rl ine.. Mo d ifi ca ti o ns made at s eco nd read in g are
shad ed in (l ark re .
Page 2 o f3
Ord. No. 28-24-2513
Section 1. Recitals . The above-stated recitals are true and correct and are incorporated
herein by thi s reference.
Section 2. Amending Article VIII. Article VIII. Transit-SuppOitive Development
District of the LDC is hereby deleted in it s entirety and amended to read as set forth in Exhibit
"A."
Section 3. Corrections. Conforming language or teclmical scrivener-type corrections
may be mad e by the City Attorney for any co nfo rming amendments to be incorporated into the
final Ordinance for signature .
Section 4. Severability. If any section , clau se, s entence, or phrase of thi s Ordinance
is for any reason held inva l id or unconstitutional by a court of competent jurisdiction, the holding
s hall not affect the va lidity of the remainin g porti o ns of thi s Ordinance.
Section 5. Conflicts. That all ordi nances or patt s of ordinances, re so lution s or parts
of resoluti o ns, in conflict herewith, are repealed to the extent of s uch conflict.
Section 6. Implementation. The City Manager is hereby authorized to take any and
all nece ssa ry action to implement the purp oses of this Ordinance.
Section 7 .
adoption .
Effective Date. This Ordinance shall become effective immediately upon
PASSED on first reading on the 3'u day of September, 2024.
PASSED AND ADOPTED on second reading on the 10,h day of December, 2024.
ATTEST:
CITye ~
READ AND APPROVED AS TO FORM ,
LANGUAGE , LEGALITY AND
EXECUTION TH OF
WEISS SEROTA HELFMAN C OLE
& BIERMAN, P.L.
CITY ATTORNEY
APPROVED:
COMMISSION VOTE:
Mayor Fernandez:
Vice M ayo r Corey:
Commissioner Bonich:
Commiss io ner Calle :
4-1
Yea
Yea
Nay
Yea
Commissioner Rodriguez: Yea
Pa ge 3 o f3
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(Supp. No. 25)
Page 1 of 57
EXHIBIT A
ARTICLE VIII. TRANSIT-SUPPORTIVE DEVELOPMENT DISTRICT (TSDD)
20-8.1 Purpose.
The purpose and intent of this article is to support transportation alternatives and increased use of the
South Miami Metrorail Station by incentivizing high density, mixed-use, pedestrian-supportive
redevelopment of the Transit Supportive Development District (“TSDD”). The TSDD zoning district is
designed to encourage a mix of high-intensity uses, particularly multi-family residential, retail, service,
office uses, artist studios and workrooms, and live-work units (“LWU”) as defined in Section 20-2.3.
Redevelopment for mixed-use is encouraged throughout the TSDD through flexible performance-oriented
zoning and incentives. The strategic expansion of the TSDD into the City's Hometown District Overlay (HD-
OV), will promote responsible in-fill redevelopment to support the development of a transit supportive
development area by locating TSDD development on the southeast side of the Metrorail Station.
The Transit-Oriented Development Area (“TODA”) located within the TSDD consists of the properties that
are contiguous to or abutting the South Miami Metrorail Station, and properties that are within 1,000 feet
of the Metrorail station. TODA properties are subject to TSDD regulations but may be eligible for
additional development incentives or allowances as may be provided by law for transit-oriented districts.
TODA properties will be defined by the TODA zoning subdistrict on the official, adopted City Zoning Map.
TSDD properties that are abutting or adjacent to lower-density residentially zoned neighborhoods are to
be included in the Transit Supportive Neighborhood Area (TSNA). TSNA properties are for development
of residential use at higher densities, have limited eligibility for additional development incentives, and
include additional requirements for compatible transitions to existing neighborhoods. TSNA properties
will be defined by the TSNA zoning subdistrict on the official, adopted City Zoning Map.
The TSDD is intended to meet multiple goals: promote efficiency of land use; reduce the combined housing
and transportation costs for households by providing diversity of housing options and alternatives to
automobile travel; support healthier lifestyles by facilitating a pattern of development that encourages
walking, biking and transit use as part of everyday travel behaviors; decrease vehicle miles traveled (VMT)
and the volume of vehicular traffic; reduce the costs of delivering public services by encouraging infill and
redevelopment; capitalize on and facilitate public investments in transit infrastructure; and provide
convenience by establishing a harmonious mix of uses within a pedestrian-scaled and multimodal
transportation-friendly environment. The TSDD regulations are designed to encourage a strong base of
diverse residential development, coupled with provisions for complementary retail services and local
employment opportunities, all within acceptable walking distances. To accomplish these goals, the code
facilitates higher density new development and redevelopment, combined with a high-quality pedestrian
environment that is achievable through a series of development bonuses and the application of strict
design standards. The orientation of U.S. 1, which cuts diagonally across a grid pattern arranged at right
angles, results in irregularly shaped parcels within the TSDD. The shape of these lots may cause unforeseen
practical difficulties that could impede the type of transit supportive development these regulations are
to promote. Similarly, practical difficulties may arise based on applying these regulations, which have been
calibrated to address mixed-use and residential development with maximum heights above six stories, to
mixed-use developments with office as its primary use that are six stories and under. To address these and
other practical difficulties, these regulations allow for adjustments approved by the City Commission
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(Supp. No. 25)
Page 2 of 57
under certain circumstances. All other properties are eligible for minor waivers based on a showing that
the regulations result in a practical difficulty.
The orientation of US-1, which cuts diagonally across a grid pattern arranged at right angles, results in
irregularly shaped parcels within the TSDD. The shape of these lots may cause unforeseen practical
difficulties that could impede the type of transit supportive development these regulations are to
promote. Similarly, practical difficulties may arise based on applying these regulations, which have been
calibrated to address mixed-use and residential development with maximum heights above six stories, to
mixed-use developments with office as its primary use that are six stories and under. To address these
and other practical difficulties, these regulations allow for adjustments approved by the City Commission
under certain circumstances. All other properties are eligible for minor waivers based on a showing that
the regulations result in a practical difficulty.
20-8.2 Definitions.
Terms used throughout this article shall take their commonly accepted meaning unless otherwise defined
in Article II of the Code. The definitions in this section shall only be used in this article. When there are
conflicts between the Code and this section, this section shall control terms requiring interpretation
specific to this article. The terms as used in this article shall have the following meaning:
Accessway: A street or driveway that traverses a parcel providing access to an abutting street, alley, or
other vehicular use area.
Alley: A twenty (20) to twenty-four (24) foot wide way providing access to the rear of lots and buildings.
Building depth: The absolute distance between the outer wall surface of the building frontage and the
outer wall surface of the rear wall of the building.
Building frontage: The side of a building that faces the primary street.
Build-to-line: An alignment established a certain distance from the curb line to a line, along which the
building shall be built. Front porches and handicap ramps shall be exempt from build-to-line requirements,
and must occur behind the property line.
Building height: Building height is defined herein for the Transit Supportive Development District, and
supersedes the Building Height definition in Article II, Section 20-2.3. Building height shall be calculated
as the vertical distance from grade to the highest rooftop element or feature. For purposes of calculating
building height, elements and features, including, but not limited to, vertical circulation elements (such
as stairs and elevators), illumination elements, chillers, mechanical space, mechanical structures,
architectural features, parapets, and solar panels, attached to or serving structures, may extend above
the roof slab of the highest habitable floor and are to be counted toward the maximum permissible
building height. Such elements and features that extend above the highest roof slab shall not in sum have
an area that is greater than 20% of the roof area. Notwithstanding the foregoing, communications
equipment regulated by other Sections of this Code and Federal Statutes shall not be included in the
calculation of building height.
Historic building: A building that has been designated by the City of South Miami per the historic
preservation portion of the Environmental Review and Preservation Board regulations.
Irregularly shaped lot: A lot or unified development site that includes frontage on at least two streets
with two non-adjacent sides that are not parallel to each other
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(Supp. No. 25)
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20-8.3 Creation of TSDD subdistricts.
(A) The Transit Supportive Development District (TSDD) is divided into sub-districts for the purpose of
recognizing the existing patterns of land use, the need to encourage a logical mix of land uses, the
need to promote a higher density of uses together with practical development bonus opportunities,
and the need to create appropriate transitions of scale and intensity of use. All regulations that are
provided for the TSDD apply to all subdistricts, except where regulations are established for each
subdistrict, then the subdistrict regulations supersede.
(1) All development within the TSDD shall require site plan approval of projects of greater than 40,000
gross square feet or greater than four stories shall require large scale development approval.
(2) Each of the subdistricts is geographically established by boundaries that are adopted on the City
of South Miami Zoning Map.
(3) Each of the subdistricts implements the Transit Supportive Development District (TSDD) Future
Land Use Plan category, established in Policy 1.1.1. in the adopted city of South Miami
Comprehensive Plan.
(B) The following TSDD subdistricts are hereby established:
(1) "Transit Supportive Development Area” (“TSDA”)
a. The TSDA shall not be located where it is abutting or adjacent to any single-family zoning
district.
(2) "Transit Oriented Development Area” (“TODA”)
a. The TODA shall not be located where it is abutting or adjacent to any single-family zoning
district or townhouse zoning district.
(3) “Transit Supportive Neighborhood Area” (“TSNA”)
(4) The boundaries of the Transit-Supportive Development District (TSDD) and its subdistricts: the
Transit Supportive Development Area (TSDA), the Transit Oriented Development Area (TODA),
and the Transit Supportive Neighborhood Area (TSNA) are established in the map of Section 20-
8.3(5) and on the City's Official Zoning Map. Where boundaries of the district or subdistricts are
shown, such boundaries are always located on the right-of-way centerline or a property line. No
boundary of the TSDD district or its subdistricts divides a single property of record.
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(Supp. No. 25)
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(5) Map of TSDD Subdistricts
(C) Permitted Uses:
(1) There are thirteen (13) use categories within the TSDD district. The permitted uses are
categories of uses as established in Section 20-8.4 and 20-8.5.
The uses permitted in each TSDD subdistrict
shall be as follows: General Use Category per
Section 20-8.4
TSNA TSDA TODA
General Retail and Personal Services Category not permitted permitted permitted
Food and Beverage Establishments not permitted permitted permitted
Entertainment not permitted permitted permitted
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(Supp. No. 25)
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The uses permitted in each TSDD subdistrict
shall be as follows: General Use Category per
Section 20-8.4
TSNA TSDA TODA
Professional Offices not permitted permitted permitted
Civic not permitted permitted permitted
Educational not permitted permitted permitted
Places of Assembly not permitted permitted permitted
Artisanal Occupational Spaces not permitted permitted permitted
Limited Automobile Business not permitted not permitted permitted
Warehousing and Storage not permitted ancillary only ancillary only
Hotel not permitted permitted permitted
Multi-Family Buildings permitted permitted permitted
Live-Work Units permitted permitted permitted
(2) Where a building is located within an subdistrict adjacent to a TSNA subdistrict, office and
parking uses may encroach into TSNA subdistrict on the same building site provided that such
uses are not located closer than 75 feet from any property line of the building site that is
abutting or adjacent to a residentially zoned district.
(D) Permitted Building Heights: Minimum and maximum building heights, numbers of stories, and floor-
to-floor heights are regulated for the TSDD zoning district by the Building Height Plan, Section 20-8.9
(D).
20-8.4 Permitted and Special Residential Uses
(A) The following residential uses are permitted in these zoning classifications that specify this category
(Residential use) within the TSDD.
(1) Multi-family dwelling units are permitted to the maximum density permitted for the respective
TSDD subdistrict.
(2) Townhouse Dwellings are permitted to the maximum density for the respective TSDD
subdistrict.
(3) Home offices are permitted as an ancillary use to principal residential uses.
(4) Shared offices are permitted as ancillary amenities to multifamily residential uses, such that
they are not available for use or membership to the general public outside of a unified
residential development.
(5) Accessory Dwelling Units (ADU) are not permitted in mixed-use zoning categories, except
within the ground floor of townhomes in the TSNA subdistrict.
(6) Two-family duplexes are not permitted.
(7) Single-family residences are not permitted.
(8) Nursing Homes and assisted living residential units may be permitted by approval as a Special
Use pursuant to Section 20.5-7, and Section 20-3.4 “Special Use Conditions.”
(9) Community Residences, 3 residents maximum and with four (4) to ten (10) units may be
permitted by approval as a Special Use pursuant to Section 20.5-7, and Section 20-3.4 “Special
Use Conditions.”
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(Supp. No. 25)
Page 6 of 57
(B) Floor Area. The minimum floor area required for any residential unit 500 square feet.
(C) Density. The number of residential units are limited to as many units as can be constructed within
the building form and height requirements of Section 20-8.8 with parking as required by Section 20-
8.6, and all other applicable code requirements, such that the residential density is at or less than
the requirements of the following table below.
Residential Density TSNA TSDA TODA
Maximum Residential Density 100 DU/acre 150 DU/acre 150 DU/acre
Maximum for a development that has
been awarded development bonus floors
in accordance with Section 20-8.8
not applicable 200 DU/acre 200 DU/acre
(D) Location. Residential uses shall be located vertically within a mixed-use building according to the
table below. This section does not apply to Live Work Units as established in Section 20-8.6(E).
(1) Residential Unit Vertical Location within a Building.
Residential Use
Vertical Location in Building TSNA TSDA TODA
First Story Facing Front of Building permitted not permitted not permitted
First Story Facing Side or Rear of Building permitted permitted not permitted
First Story Mezzanine not applicable not permitted not permitted
Second Story and Stories Above permitted permitted permitted
(2) Pursuant to Section 20-8.9, residential uses are not permitted on the first floor of Large-Scale
Developments within the portion of the building or development fronting on the primary
street.
(3) The horizontal mixing of stand-alone residential developments and adjacent stand-alone
nonresidential or nonresidential mixed-use developments is allowed in the TSDD, such that
they shall be well-integrated in terms of complementary uses, access and circulation, and
compatible design.
(E) Live – Work Units.
(1) Live-Work Units (LWU) are defined as a space within a residential or mixed-use building that
is used jointly for commercial and residential purposes, where: a) the resident/owner of the
business is responsible for the commercial activity performed, and b) the commercial activity
conducted takes place subject to a valid business license associated with the premises. Live-
Work Units are permitted subject to the criteria below:
a. Permitted occupations include those in the use category Professional Office use category,
and Artisan Occupations, use category. Healthcare offices may be permitted as a special
use.
i. Human health care and medical offices occupied by a maximum of one medical
professional and one administrative assistant and provide only regular
preventative care and diagnostic visits to one patient at a time are permitted.
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(Supp. No. 25)
Page 7 of 57
Waiting rooms with more than four seats and more than 150 sq. ft. of floor area
are not permitted for such uses.
ii. Veterinary offices are not permitted.
b. The minimum area of an individual LWU is 850 square feet.
c. The LWU shall count as one (1) residential unit toward all residential density calculations;
d. The commercial area and the living area are to be separated by a wall or permanent
partition on a single level, or by floor or mezzanine for a multi-level LWU.
e. The commercial area of an LWU may be located at the ground floor fronting on any
secondary street in the TODA or TSDD subdistricts provided that such commercial area
does not face a single-family residential district.
f. The residential component must meet minimum floor area requirements relative to the
number of bedrooms established in Section 20-8.34(A).
g. The LWU shall be constructed with an external door for work-related component opening
to a street frontage, or internal, publicly accessible courtyard, and an additional door to
the interior circulation of the building for residential use;
h. The LWU shall include a full kitchen;
i. The LWU shall include at least 1 full bath within the living area and one half-bath within
the work area;
j. The LWU is permitted to have a sign relating to the commercial component displayed on
the transom of the external commercial entrance door, or on a plaque to the side of the
door and shall not be larger than 2 square feet. The sign may not be lighted.
k. All supplies and inventories affiliated with the commercial functions of the commercial
activity will be completely contained within the LWU.
l. The LWU shall not be permitted to store materials, substances, waste or chemicals
classified under applicable government laws, rules or regulations as hazardous or toxic
substances, materials, waste or chemicals as inventory or for resale. The presence of
minimum working quantities may be permitted where the quantity represents no more
than an operational supply for one (1) month for use that is typical for the endeavor at its
scale.
m. No variances of the requirements c through l may be granted.
n. An annually renewable certificate of use and occupancy shall be required for the
commercial use component.
(2) General Retail & Personal Services, Sec. 20-12.6.A. are occupations that may be permitted in
a Live Work Unit by approval as a Special Use pursuant to Section 20.5-7, and Section 20-3.4
“Special Use Conditions.”
a. General criteria for approval shall include, but not be limited to:
i the anticipated volume of patrons or induced traffic at a time;
ii. There shall be no sales of any food, beverage, libation, smoking or vaping
consumables and apparatus, cannabis-derived products, or any pharmaceuticals
whether prepared or packaged, whether for on-site or off-site consumption; and
iii. Convenience stores shall not be permitted.
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(Supp. No. 25)
Page 8 of 57
20-8.5 Permitted and Special Non-Residential 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 non-
residential purpose in TSDD zoning district, except as provided in this section and in accordance with
Section 20-8.3(C)(2). The use categories delineated herein shall be permitted only in compliance with the
regulating plan and general requirements provided in this section. In mixed-use districts, the vertical or
horizontal integration of two or more of residential, live-work, business and office, civic and institutional
uses is encouraged as provided herein. Vertical integration allows any combination of primary uses, with
commercial/retail uses typically located on the ground floor and office and/or residential uses located in
accordance with Section 20-8.4(C). Horizontal integration allows any combination of parcels with different
primary uses within the same block under the same ownership. The use categories for the TSDD zoning
district with specific regulations applying to the categories are established in the table below.
Section 20-8.5
Permitted and Special Non-Residential Uses in the TSDD District
In Accordance with Section 20-8.3(C)(2)
PERMITTED USES SPECIAL USES
A. General Retail & Personal Services Category
1. i. This category permits and regulates
establishments that provide display and sales
of goods and services for regional and
neighborhood service areas. This category is
not intended to permit establishments where
the manufacture or assembly of goods for sale
is performed, which uses are regulated in the
“Artisan Light Industry” Category.
ii. Uses in this category shall conduct all sales and
all performance of personal services within the
establishment.
iii. Instruction in dance, music, martial arts, gyms
and similar activities are permitted, such that
all instruction, training, and motivation are
conducted within the establishment.
iv. Use or consumption of merchandise on-
premises for sampling or tasting shall be
permitted in this category.
v. Automobile sales or services are not permitted
by this category. The “Limited Automobile
Business” Category regulates these uses.
vi. Drive-through sales shall not be permitted in
this category.
2. i. Parking area sales and pick-up are
permitted only as a special use, thereby
providing relief from the condition that all
sales and services are to be performed
within the establishment.
ii. Parking area sales areas may be permitted
by approval as a Special Use pursuant to
Section 20.5-7, and Section 20-3.4 “Special
Use Conditions.”
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(Supp. No. 25)
Page 9 of 57
Section 20-8.5
Permitted and Special Non-Residential Uses in the TSDD District
In Accordance with Section 20-8.3(C)(2)
PERMITTED USES SPECIAL USES
vii. Parking area sales and pick-up shall not be
permitted in this category, except by special
use approval.
viii. Specifically precluded are the creation of
noxious odors, and/or ambient noise levels
that exceed the City’s criteria in Chapter 15,
Article III of the City code.
B. Food and Beverage Establishments
1. i. This category permits and regulates
establishments that are full-service
restaurants, counter-served dining rooms, fast-
food restaurants, take-out prepared food
service, bars, brewpubs, microbreweries, wine
bars and pubs, and similar uses as determined
by the Director.
ii. This group shall not include nightclubs, or
establishments where food and drink are
accessory to billiards, other gaming, music or
other entertainment. Nightclubs are
distinguished as establishments having a
permanent stage area.
iii. Establishments that are located where the
property directly abuts or is across a street
from a single-family residential district shall
not be permitted in this category.
iv. Outdoor dining areas on private property are
permitted as an accessory use.
v. Drive-through sales or services shall not be
permitted in this category.
vi. Parking area sales and pick-up shall not be
permitted in this category, except by special
use approval.
2. i. Parking area sales are permitted only as a
conditional use, and may not include sales
of alcoholic beverages. Parking area sales
areas are not permitted where they directly
abut or are adjacent to a single-family
residential district.
ii. The distance requirements between
premises that sell alcoholic beverages set
forth Chapter 4 (Alcoholic Beverages) shall
not apply within the TODA and TSDA
subdistricts.
C. Entertainment Uses
1. i. This category permits and regulates
establishments that provide entertainment
uses, such as: coin arcades, movie theaters,
performance theaters, piano bars, children’s’
2. i. Entertainment uses that are located where
the property directly abuts or is across a
street from a single-family residential
district, may be permitted by approval as a
Special Use pursuant to Section 20.5-7.
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(Supp. No. 25)
Page 10 of 57
Section 20-8.5
Permitted and Special Non-Residential Uses in the TSDD District
In Accordance with Section 20-8.3(C)(2)
PERMITTED USES SPECIAL USES
interactive experiences, interactive themed
rooms, puzzle and game rooms.
ii. Service of food, beverages, and alcoholic
beverages that is ancillary to the
entertainment is permitted.
iii. Ambient sound levels outside the building shall
not exceed the requirements Chapter 15,
Article III of the City code.
iv. All entertainment shall be completely enclosed
at all times. Permanent outdoor amphitheaters
and other open-air stage spaces shall not be
permitted in this category, except by special
use approval.
ii. Permanent outdoor amphitheaters and
other open-air stage spaces may be
permitted by approval as a Special Use
pursuant to Section 20.5-7, and Section 20-
3.4 “Special Use Conditions.”
iii. Adult entertainment by special use approval
after public hearing, only where located in
the TODA and at least 1,000 feet from any
public, charter, or private school, day
nursery, public library, or public park as
measured along a straight line from the
nearest point on the property proposed for
an adult entertainment establishment and
the nearest portion of the school, nursery,
library, or public park.
D. Professional Offices
1. i. This category permits and regulates enclosed
facilities used primarily for the business of
professionals with only limited public and
client transactions occurring on-site. The
category does not permit establishments
where the manufacture or assembly of goods
is performed, which uses are regulated in the
“Artisan Light Industry” Category. The category
does not permit offices that include public
counter services with queuing or waiting areas,
which uses are regulated by the “General
Retail and Personal Services” Category.
ii. Professional offices that are workplaces for
single or multiple business entities, where the
workspace is comprised of non-manufacturing
workspaces for individual work, team
interactions, and in-person public interface. An
office may include kitchens, dining areas, and
storage areas that are intended for the use of
employees, clients, and business visitors.
iii. Co-work and incubator spaces that provide
small office spaces and shared desks to
companies and individuals on a monthly or
daily basis with shared kitchens, dining spaces,
2. i. Research and development centers that
require storage or use of non-medical
hazardous materials may be permitted by
approval as a Special Use pursuant to
Section 20.5-7, and Section 20-3.4 “Special
Use Conditions.”
ii. Veterinary offices where on-sight
overnight boarding facilities are needed to
be used only for procedures that require
preparation, monitoring, and recovery
from medical procedures may be
permitted by Special Use. Boarding, and
day-boarding not related to surgical
procedures is not permitted.
Created: 2023-01-20 14:27:59 [EST]
(Supp. No. 25)
Page 11 of 57
Section 20-8.5
Permitted and Special Non-Residential Uses in the TSDD District
In Accordance with Section 20-8.3(C)(2)
PERMITTED USES SPECIAL USES
cafes and non-alcohol-serving bars, exercise
spaces, conference rooms, and office
equipment services are permitted, with all
amenities permitted under the “Professional
and Medical Offices” Category.
iv. Research and development centers that
require special equipment rooms or laboratory
rooms are permitted in this category such that
the creation of noxious odors, other airborne
emissions to the outdoors, and ambient noise
levels that exceed the City requirements are
not exceeded. Storage or use of non-medical
hazardous materials shall not be permitted in
this category, except by special use approval.
v. Facilities used for the business of providing
medical services, minor procedures, and
diagnostics on an outpatient basis consisting of
periodic visits by patients are permitted.
Ambulance-based medical services or on-sight
inpatient facilities are not permitted. Twenty-
four (24) hour emergency departments,
ambulatory surgical centers, and urgent care
centers are permitted. Uses supplementary to
principal medical services such as pharmacy
uses, conference spaces, administrative areas,
day care, cafeteria/food services, etc. shall be
permitted in conjunction with principal use.
vi. Medical research offices that include regular
patient visits are permitted in this category.
vii. Medical research offices that do not include
regular patient visits shall be categorized as
professional offices, and are permitted in this
category.
viii. Extended care services that include regular
visits such as Prescribed Pediatric Extended
Care (PPEC) are permitted in this category.
ix. Mental health, psychological, and
rehabilitation therapy is permitted in this
category.
Created: 2023-01-20 14:27:59 [EST]
(Supp. No. 25)
Page 12 of 57
Section 20-8.5
Permitted and Special Non-Residential Uses in the TSDD District
In Accordance with Section 20-8.3(C)(2)
PERMITTED USES SPECIAL USES
x. Veterinary offices for providing services to
personally-owned domestic animals on an
outpatient basis. On-sight overnight boarding
facilities are not permitted, except by special
use permit.
xi. All veterinary uses shall be located within a
fully enclosed, air-conditioned, and
soundproofed structure. The hours of
operation for visits and treatment shall not be
earlier than 7:00 am and not later than 9:00
pm. Hours of operation shall not prevent
emergency medical treatment. Veterinary
offices must be accessible from outdoors, on a
public street, or in an internal vehicle drop-off
and pick-up area.
E. Civic Uses
1. i. This category permits and regulates uses that
are accessible to the public and serve
community needs that are religious,
recreational, educational, cultural and
governmental needs of the community.
Governmental offices without counter service
or assembly spaces are not included in this
category, which uses are regulated by the
“Professional and Medical Office” Category.
ii. Civic uses include but are not limited to
meeting spaces, clubhouses, libraries, police
stations, fire stations, post offices, religious
buildings, museums, public athletic facilities,
auditoriums, arts buildings, roof-top
community gardens, and government facilities.
iii. This category permits and regulates adult
daycare: which is a non-residential facility,
whether operated for profit or not, that
supports the health, nutritional, social, and
daily living needs of no less than three (3)
adult persons in a professionally staffed, group
setting. Adult daycare facilities shall not offer
overnight stays or medical treatment but
provide basic services for part of the day only.
Created: 2023-01-20 14:27:59 [EST]
(Supp. No. 25)
Page 13 of 57
Section 20-8.5
Permitted and Special Non-Residential Uses in the TSDD District
In Accordance with Section 20-8.3(C)(2)
PERMITTED USES SPECIAL USES
Basic services include but are not limited to:
therapeutic programs, social and health
activities and services, leisure activities; self-
care training, nutritional services, and respite
care.
F. Private Educational
1. i. This category permits and regulates
educational and instructional facilities that
serve the educational needs of the City and
other post-secondary educational needs,
including universities, colleges, commuter
colleges, universities, vocational education
centers, and private schools including high
schools, middle schools, elementary schools, K
and pre-K. Online campus facilities that serve
educational needs entirely by web-based and
other remote methods are regulated by the
“Professional and Medical Office” Category.
ii. Public and Charter Schools are not permitted
and regulated by this category and are
permitted by the “Public School and Places of
Assembly” Category.
2. i. High schools, middle schools, elementary
schools, K and pre-K schools shall provide a
traffic impact assessment, traffic access and
queuing analysis for administrative review
and acceptance.
i. These uses may be permitted by approval as
a Special Use pursuant to Section 20.5-7,
and Section 20-3.4 “Special Use
Conditions.”
G. Public School and Places of Assembly
1.
i. This category permits and regulates places of
assembly that include places of worship and
other places of assembly related to community
ministering and other social functions, clubs,
day nurseries, kindergarten, and after-school
care licensed by the State of Florida
Department of Health and Rehabilitative
Services, schools, private clubs and religious
facilities.
ii. Places of worship and other places of assembly
shall have no structure less than 100 feet from
any residential district.
iii. Public and Charter Schools must comply with
all applicable State and County requirements,
and the adopted City of South Miami
Comprehensive Plan.
2. ii. Charter Schools must comply with all
applicable State and County requirements
and the adopted City of South Miami
Comprehensive Plan, may be reviewed
pursuant to Section 20.5-7, and Section 20-
3.4 “Special Use Conditions.”
Notwithstanding anything to the
contrary, the maximum student capacity
provided in Section 20-3.4(23)(a) shall
not apply within the TSDD.
Created: 2023-01-20 14:27:59 [EST]
(Supp. No. 25)
Page 14 of 57
Section 20-8.5
Permitted and Special Non-Residential Uses in the TSDD District
In Accordance with Section 20-8.3(C)(2)
PERMITTED USES SPECIAL USES
iv. Child Day Care facilities are permitted pursuant
to meeting all applicable criteria of the State of
Florida and Miami-Dade County.
v. Community Centers are permitted uses for
which the space and programmed uses are not
age restricted.
vi. Senior Day Care facilities are permitted uses
for which the space and programmed uses are
age restricted to persons of 60 years of age or
older.
H. Limited Automobile Business
1. i. This category permits the sales and placement
of boutique, collector, specialty vehicles,
antique or ancient vehicles, low production
volume vehicles, and motorcycles where
display, sales, and limited floor inventory are
entirely within enclosed buildings and do not
include service or restoration work. An antique
or ancient vehicle is as defined by Florida
Statute 320.086. A low-production volume
vehicle is defined as defined as a producer of
less than 10,000 vehicles globally per year. A
specialty vehicle is a custom vehicle that is
unique, or a homologation vehicle. A collector
vehicle is any vehicle that is not for sale
ii. Vehicular museums, and space for private
collectors to place and/or display a vehicle
collection are permitted.
iii. Limited Automobile Businesses shall have no
open parking or vehicle storage lot.
iv. On-site inventory of vehicles for display or sale
is limited only to inventory that is located on
the sales or display floor. All other inventory
shall be remotely located and delivered to the
sales location up sale commitment.
v. Vehicles as applied to this section include 4, 3,
or 2-wheeled powered vehicles.
vi. Sales or display vehicles may not be stored in
driveways at any time
2. i. Minor repair or preparation work that is
ancillary to the sales, and maintenance of
display vehicles may be permitted as a
special use. All such work shall be enclosed
with doors closed during servicing, and
vehicles must be stored completely within
the building at all times. garage doors
closed immediately before and immediately
after a person, vehicle or equipment is
entering or exiting the building. Waste oil
containers and general trash dumpsters
shall be maintained in locked enclosures
and shall not be located at the front of the
property or adjacent to a residentially
zoned district. Specifically precluded are the
creation of noxious odors, other airborne
emissions to the outdoors, and/or ambient
noise levels that exceed the City's
requirements.
ii. An existing business, that performs
automobile repair or preparation work that
is not related to the sales of collector and
specialty vehicles, may continue to operate
on its existing site without expansion. Any
relocation, building or facility modification
or expansion may be permitted as a special
use, subject to the following requirements:
All such work shall be enclosed with doors
closed during servicing, and vehicles must
Created: 2023-01-20 14:27:59 [EST]
(Supp. No. 25)
Page 15 of 57
Section 20-8.5
Permitted and Special Non-Residential Uses in the TSDD District
In Accordance with Section 20-8.3(C)(2)
PERMITTED USES SPECIAL USES
vii. Any outdoor sales or display space, whether
permanent or temporary for any amount of
time is prohibited.
viii. Vehicular public art shall be permitted as part
of the South Miami Art in Public Places
program, subject to the requirements of
Section 7-17 of the City of South Miami code.
ix. Commercial truck sales are not permitted.
x. Automobile repair, maintenance or servicing
that is for the general public and not limited to
display and sales vehicle minor cleaning and
preparation is not permitted.
xi. Service, construction or restoration work that
is ancillary to the sales and display shall not be
permitted in this category, except by special
use approval.
xii. New gasoline service stations are not
permitted.
xiii. The generation of ambient noise levels that
exceed criteria of Section 20-3.6 (Q) (3) and
Chapter 15, Article III of the City code is not
permitted.
be stored completely within the building at
all times. garage doors closed immediately
before and immediately after a person,
vehicle, or equipment enters or exits the
building. Waste oil containers and general
trash dumpsters shall be maintained in
locked enclosures and shall not be located
at the front of the property or abutting a
residentially zoned district. Specifically
precluded are the creation of noxious
odors, other airborne emissions to the
outdoors, and/or ambient noise levels that
exceed the City’s requirements. Trucks and
other commercial equipment may not be
stored or serviced under any condition.
I. Warehousing and Storage
1.
i. Warehousing and self-storage are not
permitted in, except as ancillary uses for the
sole use of commercial and residential tenants,
and such locations shall not be accessible by or
visible to the general public.
J. Artisanal Occupation
1. i. This category permits and regulates artisan
manufacture and sales, meaning a business
using light machinery and hand tools that is
consumer-facing and sells part or all of its
production through the on-premises
storefront.
ii. This category includes: fabrication, viewing and
sale of art, artisan or craft work, with all
fabrication only of one-off custom, made-to-
2
.
i. Artisanal Light Industry establishment that
is larger than 4,000 square feet in floor area
may be permitted by approval as a Special
Use pursuant to Section 20.5-7, and Section
20-3.4 “Special Use Conditions.”
Created: 2023-01-20 14:27:59 [EST]
(Supp. No. 25)
Page 16 of 57
Section 20-8.5
Permitted and Special Non-Residential Uses in the TSDD District
In Accordance with Section 20-8.3(C)(2)
PERMITTED USES SPECIAL USES
order batch production, or production of
perishable goods with no more than one-week
inventories. Examples include but are not
limited to: artist studios, custom print shops,
bookbinders, custom jewelers, watchmakers,
bespoke tailors, dressmakers and shoemakers,
event catering preparations, and other similar
endeavors.
iii. The category also includes artisanal production
of consumables, such as bakeries, breweries,
and vintners with off-site distribution and retail
consumer on-site sales for consumption off-
site; such that all other criteria in this category
are met.
iv. The maximum gross leasable area for an
individual establishment in this category is
4,000 square feet.
v. Such establishments must include a front-
facing sales showroom area with a glazed area
that is consistent with other retail and shall be
maintained in clean and transparent condition
and shall provide view towards customer
areas, showroom areas, or final assembly areas
that do not include any views to processes that
would be harmful, disruptive or otherwise
incompatible.
vi. All manufacturing and preparation shall be
completely enclosed with entrance and
delivery/loading doors closed all work times.
vii. Service doors shall not be oriented toward the
front of the property and shall not be on a
façade that abuts or is adjacent to a
residentially-zoned district.
viii. All waste and general trash containers shall be
maintained in locked enclosures that shall not
be located at the front of the property or
facing a residentially-zoned district.
ix. Specifically precluded are the creation of
noxious odors, dust, soot, or other airborne
particles and emissions to the outdoors.
Created: 2023-01-20 14:27:59 [EST]
(Supp. No. 25)
Page 17 of 57
Section 20-8.5
Permitted and Special Non-Residential Uses in the TSDD District
In Accordance with Section 20-8.3(C)(2)
PERMITTED USES SPECIAL USES
Noxious odors are those known to be harmful
to health, or unpleasant to common standards.
Food preparation and cooking that is similar to
odors that would be caused by restaurant
kitchens is not to be considered noxious.
x. The generation of ambient noise levels that
exceed criteria of Section 20-3.6 (Q) (3) and
Chapter 15, Article III of the City code.is not
permitted.
K. Hotel
i. The Hotel Use Category is a Commercial Use
Category
ii. This category permits the establishment and
operation of uses for temporary lodging of
visitors. The following uses are included:
iii. Hotels that include hotel rooms and suites that
include limited ensuite kitchen facilities, and
are entered by enclosed hallways, or hallways
that open to interior courtyards.
iv. Amenities that are for the sole use of hotel
guests are included as part of the hotel uses.
Examples include fitness, spa and pool
facilities.
v. Restaurants, cafes, and bars that are available
to hotel guests and the general public shall
also be included in this category if the patron
entrance to the restaurant is within the hotel
lobby, and does not open directly to a public
street.
vi. Condominium hotels, including timeshares and
managed lock-out units are permitted in this
category. The lockout component of such unit
shall be counted toward the hotel use for the
purpose of calculating FAR and parking. The
permanent residence component of the lock-
out unit shall be counted toward residential
density calculations and parking calculations.
i. Night clubs and other entertainment uses
that serve alcoholic beverages within a
hotel may be permitted by approval as a
Special Use pursuant to Section 20.5-7, and
Section 20-3.4 “Special Use Conditions.”
Created: 2023-01-20 14:27:59 [EST]
(Supp. No. 25)
Page 18 of 57
Section 20-8.5
Permitted and Special Non-Residential Uses in the TSDD District
In Accordance with Section 20-8.3(C)(2)
PERMITTED USES SPECIAL USES
vii. Bed and Breakfasts are permitted and
regulated as a hotel, without regard to number
of rooms.
viii. Motels with rooms that are accessed from
open hallways and stairs that face parking lots
or public open space are not permitted.
ix. Home-sharing is not permitted and regulated
by the Hotel use category.
(A) Vertical Location. Commercial uses are permitted on all floors.
(B) Drive-through services and sales are not permitted in any location in the TSDD zoning district.
(C) All existing legal uses and structures established prior to the enactment of these TSDD district
regulations shall be deemed to be lawful, conforming, and permitted uses and structures unless the
use is abandoned for more than six (6) consecutive months or any such structure is damaged by more
than 50% of its replacement value. A structure damaged by less than 50% of its replacement value
may be repaired or reconstructed so long as a building permit is obtained within 18 months of the
damage event, during which time the use will not be considered abandoned so long as the owner
diligently pursues permitting of the repairs or reconstruction. Legally nonconforming uses and
structures within the TSDD district shall be subject to the provisions of Section 20-4.8, South Miami
Land Development Code.
1
20-8.6 Parking.
(A) TSDD Parking Regulations. Parking in the TSDD must be developed and managed primarily as an
element of infrastructure critical to enhancing South Miami's tax base through the economic success
of the district.
(B) General Regulations.
(1) All outside surface parking is to be located at the rear of building if feasible, otherwise, it shall
be located at the side of the building, in accordance with this section. Under no circumstances,
shall is outside surface parking to be located on a Primary Street or at the front of the building.
(2) Where appropriate, rights-of-way adjacent to business property may be improved by the
abutting property owner to provide on-street parking, and such on-street parking may be
credited towards the required minimum spaces by written agreement approved by the City
Manager. The City Manager shall determine if the installation of paid parking regulation is
warranted and appropriate for the area.
Page 19 of 57
(3) Properties that cannot provide the required number of spaces on-site or through the provision
of off-site spaces pursuant to Section 20-8.6(C)(4) for a change to a use other than one that is
medical in nature, shall purchase monthly parking permits from the City for the number of
spaces that aren't provided on-site or through the provision of off-site spaces pursuant to
Section 20-4.4(F). Proof of purchase of the permits shall be submitted at the time of application
for and renewal of the Business Tax Receipt for the use(s) occupying the property. Failure to
obtain the required permit(s) in any given month shall be treated as a violation of this Code
pursuant to Section 20-6.3. New construction or expansions of the gross floor area of an
existing building shall provide the required number of spaces pursuant to Section 20-3.3 and
Section 20-4.4.
(4) Off-site parking shall be is permitted in accordance with Section 20-4.4 provided the site
providing the parking is within the boundaries of the TSDD, but not within 75 feet of any
property not zoned TSDD, or within the TSNA subdistrict., A long-term lease may be substituted
for the Unity of Title if the owner and the lessee, if any, agree to the revocation of any
applicable certificate of occupancy, certificate of use, and/or business tax receipt if the lease
expires or is terminated and no alternative and allowable off-site parking or on-site parking is
provided for in accordance with this section. As a condition to a certificate of occupancy or
certificate of use, as applicable, the owner shall execute an agreement, in form and substance
acceptable to the City Attorney, acknowledging that the certificate of occupancy, certificate of
use, and/or business tax receipt is conditioned on the provision of the parking and that any
change to the availability of such parking may render the the certificate of occupancy,
certificate of use, and/or business tax receipt void, and indemnifying and holding harmless the
City.
(5) Parking fees shall be permitted under this section, except for the minimum number of spaces
designated for residential units as required by Section 20-8.6(C).
(6) No open-air storage of vehicles shall be is permitted, other than for parking spaces as defined
in Section 20-2.3.
(7) Parking for bicycles shall be provided in safe, convenient, accessible locations, and protected
from the elements, if possible. Accessible routes shall be provided between the required bicycle
parking and any public bicycle lanes, paths, or routes on adjacent streets.
(8) In the case of Large-Scale Developments (see Section 20-8.7), the City Commission may require
space for bikeshare, rideshare, valet parking, shared parking, pick-up and drop-off by on-
demand rides, and/or delivery services.
(C) Required Parking by Use.
The number of parking spaces required for development within the TSDD, shall be calculated based
on the parking rates for each subdistrict established by the table below. These parking requirements
are based on the Institute of Transportation Engineers (ITE) Parking Generation Manual for parking in
urban areas and are modified for district-wide, mixed-use shared parking, and for walking proximity
to transit; therefore, shared-use parking studies and parking studies for reduced parking by reason of
proximity to transit shall not be applicable. The parking amount requirements are based on the
general use categories provided in Section 20-8.5.
Page 20 of 57
Number of Parking Spaces TSNA TSDA and TODA
General Retail and Personal Services Category not applicable 1 space / 450 gsf
Food and Beverage Establishments not applicable 1 space / 250 gsf
Entertainment not applicable 1 space / 300 gsf
Professional Offices not applicable 1 space / 750 gsf
Medical Offices not applicable 1 space / 600 gsf
Civic not applicable 1 space / 525 gsf
Educational, Colleges not applicable 1 space / 350 gsf
Educational, High Schools not applicable 1 space / 5 students
Educational, Middle Schools not applicable 1 space / 14 students
Educational, Elementary Schools not applicable 1 space / 10 students
Artisanal Occupational Spaces not applicable 1 space /2,000 gsf
Hotel not applicable 1 space /2 rooms
Multi-Family Residential, Studio Unit 0.75 space per unit 0.75 spaces per unit
Multi-Family Residential, 1 Bedroom 1 space per unit 0.75 spaces per unit
Multi-Family Residential, 2 Bedrooms 1½ spaces per unit 1 space per unit
Multi-Family Residential, 3 or more Bedrooms 2 spaces per unit 1 space per unit
Townhouse 2 spaces per unit 2 spaces per unit
Live-Work Units 2 spaces 2 spaces
Residential Nursing Home not applicable ½ space per unit
Community Residence ½ space per bed ½ space per bed
gsf: gross square feet, measured as the entire floor area of a use, from wall centerlines, and to
include back-of-house components, but not including circulation or services that are outside of
the entrance door. Structured parking shall not be counted toward the gross floor area
calculation of developments within the TSDD, but shall count towards the height.
(1) Bicycle Parking:
(a) Bicycle parking shall be provided as established in the table below:
Use of Building Space Bicycle Rack Space
General Retail and Personal Services 1 outdoor rack space per 10 vehicle spaces required
Food and Beverage Establishments 1 outdoor rack space per 15 vehicle spaces required
Entertainment 1 outdoor rack space per 15 vehicle spaces required
Professional and Medical Offices 1 secure indoor space per 15 vehicle spaces required
Civic 1 outdoor rack space per 15 vehicle spaces required
Educational, Colleges 1 outdoor rack space per 10 vehicle spaces required
Educational, High Schools 1 outdoor rack space per 10 vehicle spaces required
Educational, Middle Schools 1 outdoor rack space per 5 vehicle spaces required
Educational, Elementary Schools 1 outdoor rack space per 5 vehicle spaces required
Artisanal Occupational Spaces 1 space /20,000 gsf
Hotel 1 shared bicycle and dock space for every 15 rooms
or 1 outdoor rack space per 15 rooms
Multi-Family Residential 1 secure indoor space per 15 vehicle spaces required
Page 21 of 57
Live-Work Units 1 secure indoor space
(b) All outdoor rack spaces shall be located in secure, well-illuminated locations, shall not
impede pedestrian paths, and shall be located in an area that is protected from weather by
the building or a dedicated shelter / canopy.
(c) Shared-use bicycle docks may be counted toward the requirement for bicycle parking for
hotels.
(2) Motorcycle and scooter parking shall count towards up to 5% of vehicle parking requirements.
Motorcycle and scooter spaces shall be marked for motorcycles and scooters, have a minimum
dimension of 8 feet long by 4 feet wide per two-wheeled vehicle, and shall have direct access to
parking circulation aisles. The location of these spaces is encouraged to increase the utilization of
garage floor area by using unused areas near building structures and corners.
(3) Horizontal, non-mechanized tandem (stacked) parking spaces shall may be permitted toward the
off-street parking requirement for multi-family dwelling units with 3 or more bedrooms,
townhouses, and Live-Work Units where both tandem spaces are assigned to the same dwelling
unit.
(4) Horizontal tandem (stacked) parking spaces and mechanically stacked parking spaces may be
permitted toward the off-street parking requirement for mixed-uses, subject to the requirements
of Sections 20-4.4(I)(1), 20-4.4(I)(3), and 20-4.4(I)(4).
(5) Adult day care facilities shall provide one accessible passenger loading zone per every 5,000 gross
square feet of facility area.
(D) Parking structures in the TSDD zoning district.
(1) At the rear of the property the setback requirement for garages may be eliminated only if the
garage:
(a) Abuts an existing garage; or
(b) Abuts a permanent open space.
(2) Garages in the TSDD shall comply to the following requirements.
(a) Garages shall be designed in accordance with the requirements of the Regulating Plan in
Section 20-8.9. and the Architectural Standards, Section 20-8.10.
(b) Garages shall be screened with fenestration, and other architectural treatment that replicates
the design of the rest of the building, or by art in compliance with this section and permitted
as part of the South Miami Art in Public Places program, subject to the requirements of
Section 7-17 of the City of South Miami code.
(c) Where a garage fronts on a primary street façade, architectural design and fenestration for
screening shall include grillwork at the openings that provides a backdrop to appear as the
opening of an actual window.
(d) Garages that are substantially open on their street-facing facades that reveal parked vehicles
within the garage are not permitted. Entire sides or substantial lengths of parking garage walls
designed to be open with no fenestration are prohibited. Long runs of openings that do not
conform to or replicate a window or storefront pattern are prohibited. Metal grillwork within
the openings that do not replicate a window or storefront pattern are prohibited.
Page 22 of 57
(e) Garages shall not front on a street or property line that is adjacent to an existing residentially
zoned area, without a habitable liner use that shields the view and sound of parking from the
residential area.
(f) Landscaping in a private or public open space may optionally be used to screen a parking
structure.
(3) Freestanding garages may only be allowed in TSDA and TODA subdistricts and may not exceed six
(6) levels in height.
(4) Where garage structures are attached to and part of a use that is permitted within the subdistrict
where it is located, such parking structures may be partially located within any adjacent TSDD
subdistrict.
(5) Underground parking is defined as having more than sixty (60) percent of its structure below
grade.
(E) Loading, Delivery and Curbside Pick-up Zones
(1) Adequate space for loading, unloading, and delivery of materials, goods, or services in the TSDD
shall be provided and maintained on the same unified site as the building which it serves.
Loading and/or unloading spaces for unified mixed-use projects shall be provided and
maintained in accordance with the following:
(2) Each loading space shall be directly accessible from a street or alley without crossing or entering
any other required loading or unloading space, and shall be arranged for convenient and safe
ingress and egress by motor truck and/or trailer combination, require no more than 3 turning
maneuvers, and be acceptable by the City Engineer.
(3) Loading spaces and docks shall be shielded from view from any street or public space. Screening
from view may be accomplished by location within a parking garage, or by a driveway door to be
maintained in the closed position at all times when not in use.
(4) Loading access or egress shall not be from a primary street as established in Section 20-8.9.
Where a property is located on two primary streets, and loading access and egress is not
feasible except at one of the primary streets, the location of the loading acces shall be by
written determination of the City Development Services Director.
(5) Loading access or egress shall not be from the front of any building.
(6) All off-street loading spaces shall also be accessible from the interior of the building or buildings
that it is intended to serve.
(7) Where a development is a unified horizontal mixed-use development, loading spaces may be
consolidated into a single logistics center. Consolidated loading areas may be excepted from
internal circulation access, and shall provide an operation plan. Consolidated loading may only
be approved as part of a Large-Scale Special Exception per Section 20-8.7.
(8) On-street loading shall be provided for parcel delivery, car-sharing and taxi pick-up and drop-off,
and prepared food deliveries; unless otherwise provided on-site within the project.
(9) The number and size of off-street and on-street loading spaces shall be provided in accordance
with the table below.
Page 23 of 57
Stand-Alone Use or
Component of Mixed-Use
Unified Development
Residential Lodging Retail /
Restaurant Office
Limited Auto
Artisanal
Occupation
Warehousing
/ Storage
Small Loading Berth
20 ft. long by 10 ft. wide by 12 ft.
high
1 per 100
DU
1 per 100
rooms
1 for first
50,000 s.f.
1 per
100,000
s.f.
0
Medium Loading Berth
35 ft. long by 12 ft. wide by 15 ft.
high
1 per 200
DU
1 per 300
rooms
1 per
100,000 s.f.
1 per
250,000
s.f.
0
Large Loading Berth
55 ft. long by 12 ft. wide by 15 ft.
high
0 0 1 per
100,000 s.f. 0 1 per 100,000
s.f.
On-Street or On-site Parcel
Delivery Space
30 ft long on street reserved
space
Stopping only, 15 minute
maximum
1 per
building
1 per
building
1 per
50,000 s.f.
1 per
100,000
s.f.
1 per
100,000 s.f.
On Street or On-Site Car Share
Pick-Up
22 ft long on street reserved
space
Standing only, 5 minute
maximum
1 per
200
dwelling
units
1 per
50 rooms
1 per
50,000 s.f.
1 per
100,000
s.f.
1 per
100,000 s.f. On-Street or On-Site Car-Share
Food Delivery
22 ft long on street reserved
space
Standing only, 5 minute
maximum
20-8.7 Large-scale development special exception.
(A) All Large-scale Developments in the Transit-Supportive Development District (TSDD) shall provide only
one or more permitted uses in compliance with all the required TSDD conditions and standards as
well as the conditions and standards set forth in this section. Any alterations or additions to existing
property or Development in the TSDD that result in the Development meeting the definition of a
Large-scale Development, shall conform to the provisions of this section. Existing heights of existing
buildings and existing floors may remain in their current condition; however, additional floors, if
authorized, may only be added if they are developed in accordance with this section.
(B) A Large-scale Development is defined as the development of any building site that is more than forty
thousand (40,000) square feet or any development, as defined in Section 380.04, Florida Statutes
(hereinafter referred to as "Development"), that is in excess of four (4) stories. A Large-scale
Page 24 of 57
Development shall be reviewed by the Planning Board and shall require approval by the City
Commission. The computation of the size of the Development to determine if it is a Large -scale
Development includes the square footage of an alteration or addition to an existing site and the
square footage of the existing site that is being altered or to which an addition is being proposed.
(1) A Large-scale Development Special Exception (“Special Exception”) shall be valid for eighteen (18)
months unless a greater period is approved by the City Commission in the development order
resolution, within which time a building permit must be obtained. The expiration date shall be
tolled for any legal, administrative, or judicial challenge to the development orderuntil the
conclusion of such challenge, including all appeals.
Notwithstanding the foregoing, the City Manager or City Commission may extend the Approval
Term of a Special Exception for one additional year or for some other amount of time as
appropriate under the circumstances. An application for an extension of the Approval Term of a
Special Exception shall be filed sixty (60) days prior to the expiration of the Approval Term.
(2) Any property designated as a Large-scale Development may have residential uses on the first
floor, however, residential uses are not permitted on the first floor within that portion of the
building or development fronting on the primary street, as defined in Section 20-8.2.
(C) General Requirements.
(1) The owner of the land on which a Large-scale Development is to be constructed and the developer
of the project shall enter into a development agreement with the City (“Development
Agreement”). The Development Agreement shall require approval by the City Commission at a
public hearing before the issuance of a building permit. The Development Agreement may include
provisions to mitigate the impacts of the Large-Scale Development in addition to implementing
any other requirements of this Land Development Code or the City Code, as may be amended.
(2) The use for which the Large-Scale Development is intended is specifically listed as a permitted use
for the TSDD district, TODA subdistrict, or TSNA subdistrict as applicable and established in
Sections 20-8.4 and 20-8.5.
(3) The use complies with the general requirements and any other requirements that the City
Commission may consider appropriate and necessary.
(4) All such uses shall comply with all requirements established in this article, unless additional or
more restrictive requirements are set forth below or by the City Commission.
(5) All such uses must be of a compatible and complementary nature with any existing or planned
surrounding uses. The City Commission shall determine the overall compatibility of the
development with the existing or planned surrounding uses.
(6) If during the review process it is determined that the Development, as proposed, will potentially
cause adverse impacts, the Planning and Zoning Department may recommend, and the City
Commission may require as a condition of approval, remedial measures to eliminate or reduce,
to the extent possible, these impacts. Development projects that are recommended for remedial
measures will not be required to submit a new application unless it is determined by the Planning
and Zoning Department that the remedial changes would have the effect of increasing the density,
FAR, or height of the development, or if there is a change to the mix of uses which increases
project trip generation more than ten percent (10%). Remedial measures may include, but are not
limited to:
Page 25 of 57
(a) Additional screening or buffering;
(b) Additional landscaping;
(c) Building orientation;
(d) Relocation of proposed open space, or alteration of the use of such space;
(e) Pedestrian and bicycle safety and access;
(f) Changes to ingress and egress;
(g) Addressing traffic flow to and from the development to avoid intrusion on local streets in
nearby single -family residential areas; or
(h) Improvement of the streets adjacent to the project, if applicable.
(D) Project Approval.
(1) Required Conditions. Prior to approving a Large-scale Development, the City Commission must
find that the development meets the requirements set forth in subsection (C) above and that it:
(a) Will not adversely affect the health or safety of persons residing or working in the vicinity of
the proposed use;
(b) Will not be detrimental to the public welfare, property, or improvements in the neighborhood;
and
(c) Complies with all other applicable Code provisions.
(2) Additional Conditions. The City Commission may designate such additional requirements in
connection with the approval of a Large-Scale Development as will, in its opinion, assure that such
development will conform to the foregoing requirements.
(E) Reapplication for Development Review. If the City Commission disapproves of a Large-Scale
Development, no reapplication for the same, or substantially the same, project may be made within
six (6) months of the date of final disapproval by the City Commission of the original application unless
evidence is submitted and accepted by the City Commission that justifies such reconsideration.
(F) No commercial retail store within the TSDD, except a grocery, shall exceed forty thousand thousand
(40,000) square feet of gross floor area. Structured parking shall not be counted toward the gross
floor area calculation for this purpose.
(G) Where there is no minimum distance between adjacent buildings, nor a minimum building setback
from a property line, one (1) of the following conditions shall be met:
(1) If the distance from the exterior wall to the property line is less than five (5) feet at any location,
the applicant must provide the Planning Department with a copy of a maintenance easement in
favor of the adjacent property; or
(2) The structure shall be built on the property line and the owner shall give a maintenance easement
to the adjacent property owner(s).
(H) In no instance shall a roof overhang extend beyond the property line, except in the front of the
building.
(I) The City Commission shall have the discretion to condition the granting of a Special Exception and
memorialize such conditions in a Development Agreement with the Applicant, in a form acceptable
Page 26 of 57
to the City. As set forth in Section 20-8.9(C), the Development Agreement may include provisions to
mitigate the impacts of the Large-scale Development in addition to implementing any other
requirements of this Land Development Code or the City Code, as m ay be amended. The
Development Agreement, after it has been drafted by the City Attorney shall be subject to approval
by the City Commission. A separate agreement or covenant ("Covenant") that provides for
maintenance of common elements and any other condition specified as a prerequisite to approval of
the Special Exception ("Maintenance Covenants") shall be signed by the owner of the property in
question. The Maintenance Covenant shall be treated as a covenant running with and binding the land
upon which the Development is situated, and it shall be recorded in the land records of Miami-Dade
County and, at the option of the City and if allowed by law, the Maintenance Covenant may be re-
recorded when necessary or required to maintain, uninterrupted, the effectiveness of the covenant
running with the land. The Covenant shall provide that the owner and his/her/its grantees, heirs,
successors, and assigns ("Owner") shall comply with the Maintenance Covenants at the Owner's
expense and without any cost to the City.
(1) In the event that any special exception condition includes the development of any common areas
("Common Areas"), the Maintenance Covenant shall include the following provisions:
(a) the Common Areas shall continue in existence, as part of the structure and those Common
Areas shall be operated and maintained at the expense of the Owner of the property so long
as the Development continues to exist, in whole or in part;
(b) the operation and maintenance of the Common Areas shall include a provision for landscaping
in accordance with an approved site and development plan, approved by the City Commission,
or as amended from time to time with approval of the City Commission, for the maintenance
of the landscape as well as other maintenance services and private security protection of the
Common Areas;
(c) the Owner shall continue, operate, and maintain the Common Areas in such a manner as to
keep such areas in good order, clean, attractive, fully functional (subject to interruption for
maintenance, repair, restoration, and renovation) and, generally, so as not to create a nuisance
to owners, occupants and users of the adjacent land and surrounding areas and to the general
public.
(2) The Maintenance Covenant shall define the phrase "continue, operate and maintain", as it applies
to landscaping, to include, but not be limited to, the following activities:
(a) The monitoring of the landscape areas by a recognized landscape expert, acceptable to the
City, and the preparation of reports by such expert certifying that the landscaping is in
compliance or is not in compliance with the approved Landscape Plan and all provisions
included in such plan pertaining to pruning, fertilizing and general maintenance; the reports
shall be prepared annually;
(b) The replacing of plants, trees, shrubs, or the like, at the Owner's sole expense, as determined
by the landscape expert to be necessary in order for the landscaping to perpetually be in
compliance with the Landscape Plan; and
(c) In the event that the City disagrees with the opinion of the landscape expert hired by the
Owner, the City shall have the right to hire its own landscape expert whose decision shall be
final. If the City's expert agrees with the expert hired by the Owner, the City shall pay the cost
of its own expert, otherwise, the Owner shall pay the cost of the City's expert.
Page 27 of 57
(3) The Development Agreement and the Maintenance Covenant shall contain the following
provision:
(a) In the event the Owner breaches its agreement ("a Default") and fails to cure the default
within thirty (30) days ("the Cure Period") after receiving written notice of the default or fails
to use all due diligence in commencing the cure and in proceeding to effectuate the cure a
fine will be assessed against the Owner as set forth below in this paragraph (a). If the Owner
is unable to timely cure the default after receiving written notice, the Owner may request an
extension of time from the City Commission which shall be granted ("Extended Cure Period")
upon presentation of substantial competent evidence establishing the Owner's good faith and
due diligence, justifiable reasons for the delay and the amount of time needed to cure the
default. In the event that the Owner fails to cure the default within the Cure Period, or within
the Extended Cure Period, whichever is greater, a fine shall be assessed against the owner in
the amount of one hundred fifty dollars ($150.00), or such amount as may be set forth in the
City Fee Schedule, for each day the owner remains in default thereafter. If the Development
is determined to be out of compliance for thirty (30) days after the Cure Period or Extended
Cure Period, as applicable, the Development Agreement may be revoked by Resolution of the
City Commission after a public hearing.
(b) In the event that a fine is assessed against the Owner, or the City incurs any expense towards
curing the default, the City shall have the right to file a lien, or a continuing special assessment
lien, as may be applicable, against the property and file a lien foreclose action for the full
amount of money incurred by the City for said expense as well as for any fine that has been
assessed. The City's lien shall be perfected upon being recorded in the land records in Miami-
Dade County, Florida and shall be of equal rank and dignity as the lien of City's ad valorem
taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to,
or against the land in question, unless in conflict with state statutes or Miami-Dade County
code.
(c) The City shall have the right to proceed against the Owner to collect the above-described costs
and expenses without resorting to a lien and/or lien foreclosure. The City's remedies shall
include all those available in law or in equity, including injunctive relief. The exercise of one
available remedy shall not be deemed a waiver of any other available remedy.
(d) Invalidation of any of the covenants identified in Section 20-8.9, by judgment of court shall
not affect any of the other provisions, which shall remain in full force and effect. In the event
of a violation of the Development Agreement or the Maintenance Covenant, in addition to
any other remedies available, the City of South Miami is hereby authorized to withhold any
future permits, and refuse to make any inspections or grant any approvals, until such time as
the Development Agreement or the Maintenance Covenant are complied with. All rights,
remedies and privileges granted pursuant to the Development Agreement and/or
Maintenance Covenant shall be deemed to be cumulative and the exercise of any one or more
shall neither be deemed to constitute an election of remedies, nor shall it preclude the party
exercising the same from exercising such other additional rights, remedies, or privileges.
(J) The Development Agreement required by this Section 20-8.9 is not intended to mean a development
agreement under F.S. §§ 163.3220—163.3243, as amended by the Florida Legislature (the
“Development Agreement Statute”). Notwithstanding the foregoing, an applicant may seek that the
Development Agreement be approved under the Development Agreement Statute provided the
Development Agreement meets the requirements of this Section 20-8.9 and the Development
Page 28 of 57
Agreement Statute, is adopted pursuant to the Development Agreement Statute, and is subject to the
requirements and remedies set forth in the Development Agreement Statute.
(K) To the extent that a project includes Affordable or Workforce Housing, the applicant is encouraged to
consider commitments to reserve units for Florida Hometown Heroes Loan Program housing or
successor program supported by the Florida Housing Finance Corporation, with any such
commitments to be included in the Development Agreement. To the extent feasible, accommodations
to assist eligible city employees in obtaining such housing are encouraged.
20-8.7.1 Administrative Approval of Minor Modifications to an Approved Development within the TSDD
District
The purpose of this section is to secure the ability of a property owner to make minor modifications to a
previously approved development on land that is within the TSDD district, as contemporaneously
designated at the time of Minor Modification application, district that was previously obtained through
the public hearing process. The intent of this section is to establish the framework for a streamlined and
expedited administrative approval process for specific minor modifications. Consistent with these stated
intents and purposes, an application for a Minor Modification to an Approved Development may be
reviewed and approved administratively in accordance with the procedures of this section.
(A) Terms & Definitions. For purpose of this section the term “Approved Development” shall mean: A
development within the TSDD which has received Special Exception for a Large-Scale Development
approval following review by the Design Review Board and public hearings by the Planning Board
and City Commission.
(B) Administrative Approval. An administrative approval of a Minor Modification shall constitute a final
development order approval. For clarity, no further public hearing review or public hearing approval
shall be required for an Approved Development to obtain administrative approval for a Minor
Modification.
(C) Minor Modification. An applicant shall have the right to make a modification or a series of
modifications to an approved Final Site Plan prior to the issuance of a building permit, provided the
proposed modifications, either individually or cumulatively conform with the following criteria:
(1) Building Footprint. The ground floor building footprint shall not exceed the dimensions provided
for in the approved Final Site Plan by more than three percent (3%) or five (5) feet in any horizontal
direction, whichever is lesser.
(2) Vehicular Circulation. The vehicular circulation shall not be materially altered from that vehicular
circulation approved in the Final Site Plan. Notwithstanding the forgoing, minimal adjustments to
the location of driveways of less than three (3) feet shall be deemed a Minor Modification.
(3) Vehicular Parking. The number of on-site vehicular parking spaces provided may be modified so
long as the total number of on-site vehicular parking spaces provided is consistent with all code
requirements and is within five percent (5%) of the number provided in the approved Final Site
Plan.
Page 29 of 57
(4) Exterior Architectural Features & Material Selections. Exterior architectural features and material
selections may be modified so long as they are generally consistent with the architectural
character, materials, and color palette in the approved Final Site Plan.
(5) Building Height. The overall building height may be increased by up to five percent (5%) of the
previously approved building height so long as the building height does not exceed the permitted
maximum building height. The overall building height may be reduced.
(6) Residential Units. The number of residential units may be increased so long as the total number
of residential units provided is within five percent (5%) of the number provided in the approved
Final Site Plan. The number of residential units may be reduced.
(D) Application & Approval Process. An applicant for a Minor Modification shall submit to the Planning
and Zoning Department a proposed modified site plan and letter of intent outlining the proposed
modifications. The Planning and Zoning Department shall review the modified site plan to the
approved Final Site Plan for compliance with this section within thirty (30) days of submission.
Following review, the Planning and Zoning Director (or his/her designee) shall submit a
recommendation to the City Manager. Upon receipt of a recommendation of approval from the
Planning and Zoning Department, the City Manager shall review and affix any conditions deemed
expedient to further the intent of this Section 20-8.9 or to mitigate any additional impacts of the Minor
Modification. If approved by the City Manager, the City Manager shall place a copy of the approved
Site Plan with Minor Modification in the TSDD file. Notice of the administrative decision regarding the
Minor Modification shall be posted on the City’s website within ten (10) days of the transmission of
the recommendation of approval to the City Manager.
(E) No Impact on Approval Term. Neither the application for, or the issuance of, a Minor Modification
shall extend Special Exception validity periods, including specifically the Approval Term, established in
Section 20-8.9.
20-8.8 Bonus allocations.
(A) The bonus applicability tables in Section 20-8.8(G), shall be applicable only to the TODA and TSDA
subdistricts as established in Section 20-8.3. Bonus development area or height shall not be awarded
to any building that is in the TSNA subdistrict.
(B) Bonus floor allocations may be awarded as habitable stories up to the maximum number of building
floors permitted by the TSDD Building Height Plan of Section 20-8.9(C). The Building Height Plan
establishes a maximum number of stories that is permittable as-of-right for each subdistrict, and also
establishes a maximum number of stories that may be applied through the Bonus Allocation program
of this section. The stories that are attainable through the Bonus Allocation program shall not exceed
the number of stories established by the TSDD Building Height Plan of Section 20-8.9(C).
(C) All bonuses shall may only be awarded to a development application through the Large-Scale
Development Special Exception process, pursuant to Section 20-8.7. A Large-Scale Development is
defined as the development of any building site that is more than forty thousand (40,000) square feet
or any development, as defined in Section 380.04, Florida Statutes (hereinafter referred to as
"Development"), or that is in excess of four (4) stories.
Created: 2021-08-25 13:25:30 [EST]
(Supp. No. 24)
Page 30 of 57
(D) Unused floor area from as-of-right floors may not be applied against bonus floors. Bonus floors shall
only be achieved through, and consist entirely of floor area derived from, the bonus program set forth
herein.
(E) The stories that are attainable through the Bonus Allocation program are not as-of-right, and shall
only be permitted if approved by the City Commission through the Large-Scale Development Special
Exception process, pursuant to Section 20-8.7.
(F) Any and all bonus floors through bonus area that are awarded to a proposed site plan, are only
applicable to the specific site plan, and are not severable to any other land or other site plan on the
same land.
(G) The development bonuses and qualifications described in the table below are applicable to the Transit
Oriented Development Area (TODA) subdistrict, and the Transit Supportive Development Area (TSDA)
subdistrict of the TSDD zoning district.
Bonus Bonus Requirement Bonus Floor Area
Maximum
Application
Number of
Bonus
Stories
Public Benefits Bonus
Payment In Lieu
Public Open
Space
Sec. 20-8.8(H)
For every 100 square feet of
open space provided (as
established by Section 20-9
(B)), that exceeds the
required open space criteria
in Section 20-9 (B), with
additional open space
meeting all criteria in
Section 20-9 (B)
2,400 square feet
of additional floor
area on bonus
floors
4 stories
Payment to the City
of South Miami Public
Benefit Trust Fund in
accordance with
Section 20-8.8(L)
Affordable
Housing
Bonus
Sec. 20-8.8(I)
For every 100 square feet of
affordable housing units in
aggregate
300 square feet of
market-rate
housing in
aggregate
2 stories
Payment to in the City
of South Miami Public
Benefit Trust Fund in
accordance with
Section 20-8.8(L)
Workforce
Housing
Bonus
Sec. 20-8.8(J)
For every 100 square feet of
workforce housing units in
aggregate
200 square feet of
market-rate
housing in
aggregate
2 stories
Payment to the City
of South Miami Public
Benefit Trust Fund in
accordance with
Section 20-8.8(L)
Sustainability
Sec. 20-8.8(K) LEED Gold
1 story
Payment to the City
of South Miami Public
Benefit Trust Fund in
accordance with
Section 20-8.8(L)
Created: 2021-08-25 13:25:30 [EST]
(Supp. No. 24)
Page 31 of 57
Bonus Bonus Requirement Bonus Floor Area
Maximum
Application
Number of
Bonus
Stories
Public Benefits Bonus
Payment In Lieu
LEED Platinum 2 stories
Payment to the City
of South Miami Public
Benefit Trust Fund in
accordance with
Section 20-8.8(L)
Sunset Drive
Buffer Area
Bonus, Sec.
20-8.8(M)
For every 1 square foot of
unused floor area from
an eligible sending site, 1
square foot of bonus area
may be transferred to an
eligible receiving site
maximum of
proposed floor
plate permitted
above the
highest non-
bonus floor of
eligible receiving
site.
No maximum Not applicable.
Subjec to Certificate
of Eligibility and
Certificate of
Transfer, See Sec.
20-8.8(M)
(H) Public Open Space Bonus: The Open Space Bonus shall require the development of additional public
open space that exceeds required open space as established in Section 20-8.9(C). Required open space
and bonus open space shall be combined to create public areas of significance and shall be located
and designed in compliance with Section 20-8.9. Such areas shall be open to the general public as set
forth in an easement memorialized by the Development Agreement, acceptable to the City Manager
and City Attorney, providing public access from 6:00 am to 9:00 pm, and subject to reasonable rules
and regulations.
Where the development of open space includes the relocation of a public park within the
development site, the relocated park area may be used toward the open space bonus if the relocation
explicitly supports an existing policy of the City’s adopted Comprehensive Plan to relocate the subject
park, and the cost of relocation, improvement and reprograming are borne entirely by the developer.
The development of additional open space shall be eligible for the award of two (2) bonus floors and
2,400 square feet of bonus floor area for every 100 square feet of additional open space that exceeds
the amount required by Section 20-8.9(C).
(I) Affordable Housing Bonus: Affordable housing shall be limited to rents or a sales price that is
affordable to qualifying households at 80% of Area Median Income as set forth by Miami-Dade County
statistics promulgated by the U.S. Department of Housing and Urban Development. The owner shall
commit by covenant prior to building permit to maintain such affordability restriction on the property
for a minimum period of 25 years. Units thus restricted shall be spread among all unit types in the
building and shall be interspersed throughout the building to avoid overconcentration in any portion
of the building. Impact fees, as set forth in Section 7-3.2, shall be waived for the floor area devoted
to Affordable Housing.
Created: 2021-08-25 13:25:30 [EST]
(Supp. No. 24)
Page 32 of 57
(J) Workforce Housing Bonus: Workforce housing shall be limited to rents or sales prices that are
affordable to qualifying households at 140% of Area Median Income as set forth by Miami-Dade
County statistics promulgated by the U.S. Department of Housing and Urban Development. The owner
shall commit by covenant prior to building permit to maintain such affordability restriction on the
property for a minimum period of 25 years. Units thus restricted shall be spread among all unit types
in the building and shall be interspersed throughout the building to avoid overconcentration in any
portion of the building.
(K) Sustainability Bonus: Provided all buildings on the property are constructed for certification to a
minimum LEED or equivalent certification as required by Section 20-8.10(B), individual buildings
developed to higher sustainability standards shall be eligible for bonus height as follows:
(1) LEED Gold (60 - 79 points): For each eight-hundred (800) square feet of a building that achieves
LEED GOLD, or equivalent certification approved by the City Manager, the overall development
shall qualify for one-hundred (100) square foot of bonus floor area.
(2) LEED Platinum (80+ points), PassivHaus, or Living Building Challenge certification, or equivalent
certification approved by the City Manager: For each four-hundred (400) three square feet of a
building that achieves LEED Platinum, PassivHaus, or Living Building Challenge certification, the
overall development shall qualify for one-hundred (100) square foot of bonus floor area.
(3) Prior to issuance of a building permit, the owner shall post a bond or letter of credit for the benefit
of the City in an amount in accordance with Section 20-8.8(L), plus fifty percent (50%). Such bond
or letter of credit shall be released only if the building obtains the intended certification within
one year following temporary or final certificate of occupancy, whichever is first to occur. If the
intended certification is not produced to the City Manager on or before the one-year anniversary
of the temporary or final certificate of occupancy, whichever is first to occur, the City may claim
the full amount of the bond or draw the full amount of the letter of credit.
(L) In lieu of providing the in-kind public benefits to be eligible for approval of bonus floors, an owner may
make a contribution of payment in lieu to the City of South Miami Public Benefit Trust Fund as follows:
(1) The basis of all bonus payment-in-lieu amounts is the awarded gross bonus floor area; therefore,
for additional bonus floors that are above the base height limit described in Section 20-8.9(C), the
bonus payment-in-lieu will be equal to the sum for all bonus floor gross floor area of each bonus
story times the amount per square foot. Rates for the bonus payment-in-lieu shall be based on
the date of large scale development approval, unless the rate is increased before the master
building permit is obtained, in which case any difference between the total bonus payment
calculated based on the rate in place at time of master building permit and the bonus payment
made following large scale development approval, shall be due and payable to the City on or
before issuance of the master building permit. All payments shall be deposited in the City’s Public
Benefit Trust Fund to be established.
(2) The contribution amount to the City of South Miami Public Benefit Trust Fund shall be $30.00 per
square foot of bonus floor area until December 31, 2026, with such payment to be made within
ninety (90) days of large scale development approval.
(3) In the event that in-kind benefits are committed to at the large scale development approval stage,
but are later withdrawn and not incorporated into the development project at time of building
Created: 2021-08-25 13:25:30 [EST]
(Supp. No. 24)
Page 33 of 57
permit, the developer shall pay a 37.5% penalty over and above the regular bonus contribution
rate, with the total contribution due at building permit.
(4) As of January 1, 2027, the contribution rate shall be increased to $50 per square foot of bonus
floor area until December 31, 2027, and thereafter be re-evaluated and adjusted in January of
each year thereafter. The re-evaluated rate shall be recommended by the City Manager, and
approved by the City Commission, with each year’s rate based on the average ground cost per unit
of bonus development for approved developments in the TSDD for the two years that are
contemporaneously prior. The City shall re-evaluate the public benefit bonus contribution rates
and recalibrate the rates to achieve the objectives to promote increased density in the Transit
Supportive Development District and achieve the public benefit objectives. In the event that the
Commission has not reevaluated the rate in the calendar year preceding January 1, 2028, or as of
any January 1 thereafter, the then-existing contribution rate shall automatically be increased by
$1.50 on each such date.
(5) The Commission of the City of South Miami may waive contributions to the City of South Miami
Public Benefits Trust Fund for development that is sited on land that is owned by the City of South
Miami at the time of application, if such waiver is determined to be in the public interest.
(M) Sunset Drive Buffer Area Bonus
(1) Eligible sending sites
(a) A property owner within the Sunset Drive Buffer as determined by the Building Height
Plan provided in Section 20-8.9(C) shall be eligible to apply to sell their unused
development rights.
(2) Eligible receiving sites
(a) A property owner within the Transit Supportive Development Area (TSDA) or the Transit
Oriented Development Area (TODA) which is eligible to utilize bonus allocations in
accordance with this Section.
(3) Transferrable development rights
(a) Upon application from an eligible sending site, the Director of Development Services or
their designee shall calculate the unused floor area of a sending site which shall be
determined by calculating the maximum developable floor area for the property based on
an ten-story envelope and 80% lot coverage, and subtracting the existing or proposed
building floor area of the sending site.
(b) The Director of Development Services or their designee may require the property owner to
provide additional materials needed to demonstrate the transferrable floor area sought to
be certified for sale for the property.
(c) Certificate of Eligibility. Upon review of a complete application from an eligible sending site,
the Director of Development Services or their designee shall issue a Certificate of Eligibility
stipulating the total unused floor area available for transfer. No eligible floor area shall be
transferred except in accordance with subsection (4) below.
(4) Certificate of Transfer
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(a) Prior to the City Commission’s review of a special exception application for a Large -scale
Development in accordance with Section 20-8.7, any applicant seeking to utilize the Sunset
Drive Buffer Area Bonus shall obtain a Certificate of Transfer from the City. A Certificate of
Transfer is a document issued by Director of Development Services or their designee that
authorizes the transfer of all or a portion of the unused floor area from an eligible sending
site to the eligible receiving site. Once a Certificate of Transfer has been issued, the sending
site cannot use the floor area identified in the Certificate of Transfer on the sending site.
(b) To qualify for a Certificate of Transfer, the sending site property owner or its tenant(s) must
have completed qualifying improvements to the sending site since January 1, 2025 at the
time of the application for a Certificate of Transfer. Qualifying improvements are limited to
new construction, remodeling, reconstruction, or expansion of an existing building, façade
improvements, or other modifications to the building that increase the number of potential
uses of the building available to tenants and visitors. Maintenance, repairs, or replacement
of plumbing, mechanical, electrical, and structural components of the building that do not
increase the number of potential uses of the building available to tenants and visitors.
(c) The Applicant requesting the Certificate of Transfer shall provide documentation
demonstrating the improvements to the sending site and the cost of the construction of
such improvements.
(d) In no event shall the floor area authorized for transfer pursuant to a Certificate of Transfer
exceed the amount resulting from dividing the cost of construction of the improvements to
the sending site by $15 for Certificates of Transfer issued on or before December 31, 2026,
or $25 thereafter
(e) $2.50 per square foot authorized by a Certificate of Transfer shall be remitted to the City
prior to issuance of the Certificate of Transfer, which funds shall be used for public
improvements to Sunset Drive within the TSDD zone.
(f) As a condition of the issuance of a Certificate of Transfer, the eligible sending site shall
execute and record a covenant on its property, in form and substance acceptable to the City
Manager and City Attorney, that the owner, and its successors and assigns shall not pursue
development densities, intensities, or tax reductions resulting in reduced property tax
revenue to the City under Section 166.04151, Florida Statutes, or any other law adopted by
the State of Florida or Miami-Dade County providing for additional or different
development intensities through a preemption of the City’s laws (collectively “Preemption
Laws”), as such Preemption Laws may be adopted or amended from time to time.
20-8.9 Regulating plan—Intent.
This section establishes the Regulating Plan that defines the district-wide regulations for development on
the properties within the Transit Supportive Development District (TSDD). The Regulating Plan consists of
the following plans:
20-8.9 (A) Street Hierarchy Plan
20-8.9 (B) Open Space Plan
20-8.9 (C) Building Height Plan
20.8.9 (D) Building Location, Massing, and Form Requirements
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20-8.9 (A) Street Hierarchy Plan
The Street Hierarchy Plan is intended to support the City’s vision for a highly connected, multi-modal,
pedestrian, and bike-friendly network of streets to support a mixed-use, transit-supportive downtown.
(1) The street hierarchy plan identifies the function and classification of each street within the TSDD, and
the standards for existing streets concerning dimensions for determining dedication, construction,
and redevelopment by the City of South Miami and property owners.
(2) Sidewalk requirements established in this Section, supercede the sidewalk width requirement of
Section 17-19.
(3) Redevelopment of existing rights-of-way to the center-line shall be the responsibility of the individual
property owners for the portion of the right-of-way on all sides of development that is considered
street frontage, and shall be in accordance with the City of South Miami TSDD Streetscape Plan to be
established.
(4) Wherever the existing right-of-way does not accommodate the location of the build-to-line at the
edge or outside of the public right-of-way, a dedication amounting to the minimum required to
achieve this criterion shall be made by the owner prior to the City’s issuance of a building permit.
(5) The Street Hierarchy Plan is established by the map exhibit in this section and by the list provided
below that establishes the Primary Streets, Secondary Streets, Alleys and Paseo locations.
(6) For each street type and right-of-way width, the cross-section criteria provided in the table below
shall be the street standards applied for all new development towards determining build-to line
location and to guiding streetscape improvement approvals. The cross-section criteria below,
excluding the right-of-way widths, dedication requirements, and build-to line, shall be subject to
modification based on the adoption of a Streetscape Master Plan. In the event of a conflict between
such cross-section criteria and the Streetscape Master Plan, the terms of the Streetscape Master Plan
shall control.
Transit Supportive Development District (TSDD) Primary Streets Right-of-Way
Width
Sunset Drive (SW 72nd St.) SW 63rd Avenue to South Dixie Highway (US-1) 80 ft.
Sunset Drive (SW 72nd St.) South Dixie Highway (US-1) to Red Road (SW 57th Avenue) 100 ft.
SW 70th Avenue SW 62nd Avenue to South Dixie Highway (US-1) 70 ft.
SW 62nd Avenue SW 68th Street to South Dixie Highway (US-1) 50 ft.
SW 59th Place SW 67th Street to Sunset Drive (SW 72nd Street) 50 ft.
SW 59th Avenue Sunset Drive (SW 72nd Street) to SW 76th Street 50 ft.
SW 58th Avenue South Dixie Highway (US-1) to SW 76th Street 50 ft.
Red Road (SW 57th Av.) SW 64th Street to SW 74th Terrace 100 ft.
South Dixie Hwy (US-1) Red Road (SW 57th Avenue) to SW 62nd Avenue 160 ft.
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Transit Supportive Development District (TSDD) Secondary Streets Right-of-Way
Width
SW 68th Street SW 62nd Avenue to Red Road (SW 57th Avenue) 50 ft.
SW 69th Street SW 62nd Avenue to SW 58th Place 50 ft.
SW 71st Street SW 61st Avenue to SW 59th Place 50 ft.
SW 71st Street South Dixie Highway (US-1) to SW 58th Avenue 50 ft.
SW 73rd Street South Dixie Highway (US-1) to Red Road (SW 57th Avenue) 50 ft.
SW 73rd Street SW 62nd Place to SW 62nd Avenue 50 ft.
SW 74th Street SW 61st Avenue to Red Road (SW 57th Avenue) 50 ft.
SW 74th Terrace SW 59th Avenue to Red Road (SW 57th Avenue) 50 ft.
SW 76th Street SW 62nd Avenue to SW 58th Avenue 50 ft.
SW 62nd Place Sunset Drive (SW 72nd Street) to SW 74th Street 50 ft.
SW 61st Court SW 70th Street to Sunset Drive (SW 72nd Street) 50 ft.
SW 61st Court Sunset Drive (SW 72nd Street) to Metrorail ROW 50 ft.
SW 61st Avenue SW 69th Street to Sunset Drive (SW 72nd Street) 50 ft.
SW 59th Place SW 74th Street to SW 76th Street 50 ft.
SW 59th Court SW 73rd Street to SW 74th Street 50 ft.
SW 59th Court SW 74th Street to SW 76th Street 50 ft.
Dorn Avenue (SW 59th Av) Sunset Drive (SW 72nd Street) to SW 76th Street 50 ft.
SW 58th Place SW 67th Street to Commerce Lane 50 ft.
SW 58th Court Sunset Drive (SW 72nd Street) to SW 74th Street 50 ft.
SW 58th Avenue South Dixie Highway (US-1) to SW 76th Street 50 ft.
SW 57th Court Sunset Place to SW 74th Terrace 50 ft.
Commerce Lane SW 58th Place to SW 68th Street 30 ft.
Progress Road SW 58th Place to SW 68th Street 30 ft.
Transit Supportive Development District (TSDD) Alleys Right-of-Way
Width
Commerce NW Alley Northwest of Commerce Lane
SW 58th Place to SW 68th Street 20 ft.
Sunset South Alley South of Sunset Drive
SW 58th Ct. to SW 58th Av. (part of City garage property) 20 ft.
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Transit Supportive Development District (TSDD) Paseos Length
(approx.)
Width
(minimum)
SW 61st Avenue Paseo Mid-block, north to south
between SW 68th Street and SW 69th Street 280 ft. 20 ft.
SW 71st Street West Paseo Mid-block, east to west
between SW 62nd Avenue and SW 61st Court 165 ft. 20 ft.
SW 71st Street East Paseo Mid-block, east to west
between SW 61st Court and SW 61st Avenue 215 ft. 20 ft.
SW 73rd Street Paseo Aligned with SW 73rd Street west of SW 62nd Av.
between SW 62nd Avenue and SW 61st Court 260 ft. 20 ft.
Street Hierarchy Plan
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TSDD Street, Streetscape and Build-To Criteria
Street Type Primary St.
Sunset West
Primary St.
Sunset East
Primary St.
SW 62 Ave
Primary
Street
Secondary
Street Alley
Right-of-Way
Cross-Section 100 ft. 80 ft. 70 ft. 50 ft. 50 ft. 22 ft.
Travel Lanes 2 by 11 ft.
2 by 14 ft. 2 by 11 ft. 2 by 11 ft. 2 by 11 ft. 2 by 11 ft. 2 by 11 ft.
Planted Median &
Turn Lane width 10 ft. 10 ft. 10 ft.
4 ft. plated
area with
street lights
none none
On-Street
Parking Lanes none 8 ft. wide
each side none none 8 ft. wide
each side none
Bike Lane sharrow
markings
sharrow
markings
6 ft. buffered
lane ea. side
6 ft.
protected
lane ea. Side
(except on
Dorn/59th
Avenue
between
Sunset Drive
and 73rd St.)
none none
Total
Pavement width 60 ft. 48 ft. 44 ft. 38 ft. 38 ft. 22 ft.
Sidewalk Curb &
Landscape Zone
8 ft. wide
each side
6 ft. wide
each side
6 ft. wide
each side
4 ft. wide
each side
4 ft. wide
each side 0 ft.
Pedestrian
Through Zone
12 ft. wide
each side
10 ft. wide
each side
12 ft. wide
each side
7 ft. wide
each side
7 ft. wide
each side 0 ft.
Sidewalk Width
Total
20 ft. wide
each side
16 ft. wide
each side
18 ft. wide
each side
11 ft. wide
each side
11 ft. wide
each side 0 ft.
Street Section
Width Total 100 ft. 84 ft. 80 ft. 60 ft. 60 ft. 22 ft.
Build-To Line 0 ft. from
property line
41 ft from
roadway
centerline
5 ft.
setback from
property line
5 ft.
setback from
property line
5 ft.
setback from
property line
0 ft. from
property line
Abutting
Building Height
to Top
6 to 16
stories.
84 to 202 ft.
4 stories
50 ft.
6 to 10
stories.
84 to 130 ft.
8 to 16
stories.
106 to 202 ft.
6 to 16
stories.
84 to 202 ft.
8 to 16
stories.
106 to 202 ft.
20-8.9 (B) Open Space Plan
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The intent of the Open Space Plan is to encourage landmark opportunities, including plazas, squares,
courtyards, pocket parks, and paseos as required for public passage, assembly, and social activity in visible
and functional locations. It is the intent to integrate open spaces to create a sense of place and activate
the sidewalks and streets. The goal for TSDD Open Space Plan is to achieve ten percent (10%) of community
open space in the public realm throughout the district.
1. There are requirements for public open space and private open space, as defined below:
a. Public Open Space: public open space is to be located at ground level, at the outside of a building,
directly adjacent to a street, at the same general elevation of the street, and must be ADA
accessible. Public open space is to be maintained for general public access without restriction as
to residency, tenancy or patronage of a business within the development.
b. Private Open Space: a private open space is for the use of residents in the residential components
of mixed-use buildings, and is located interior to a development site and may also be accessible
open space on a podium, or at a terrace level above the street. Private open space is for the
common use of the residents, visitors, or other inhabitants of a building, and may be restricted to
residency, tenancy or patronage of a business within the development; however, private
balconies, terraces, courts and other spaces that are exclusive only to a single occupant or special
group of occupants shall not count toward Private Open Space.
2. Types of public open space. The following types of open space shall be used to meet required open
space criteria or to count toward open space performance standards for bonus criteria.
a. Plaza: a public open space that is used for pedestrian circulation and as a gathering space, and is
lined with active uses in the buildings fronting the plaza. A plaza is primarily hardscaped to support
market, civic or entertainment activity. A plaza is on the same building site to which it is used as
open space.
b. Square: a public open space that is used for pedestrian circulation and as a gathering space, is
similar to a plaza; however, a square may be separated by a vehicular right-of-way on one or more
sides from the site to which it used as open space.
c. Pocket Park: a small open space that is used as a passive activity gathering space. It does not have
a circulation function to the building for which it is used as an open space.
d. Linear Open Space: an area that runs alongside the property boundary with the public right-of-
way to enhance the pedestrian experience and use of the right-of-way and open space in a
manner that both function together. When fronting commercial establishments that serve food
or beverages, linear open space may be used for consumption of food and beverages in a manner
that enhances the public right-of-way streetscape and does not reduce or otherwise impede
pedestrian passage along the adjacent sidewalk. Linear open space may not be organized as a
hedgerow or grass area parallel to the edge of the building and shall be organized with seating
areas, fountains, art, or other points of interest.
e. Paseo: a linear open space that is used primarily for circulation through a block. It may include
passive gathering space along its sides, and may serve small retail uses along its sides.
3. Open space area requirements shall be based on net unified development lot area and shall apply to
all unified development sites with an area of 20,000 square feet and greater.
4. Public open spaces, both required and by bonus allocation shall be provided outside of the right -of-
way, and in accordance with these standards.
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5. Public open space shall be a unified area of contiguous publicly accessible space at ground level that
has at least one side abutting the property line and a public right-of-way.
6. Public open space locations shall prioritize high visibility locations at corners of and along Primary
Streets as established in the Street Hierarchy Plan, Section 20-8.9(A) to serve the needs of employees
and visitors with more active amenities (including art, fountains, but not play or sports areas) and
larger sizes.
7. Where feasible, public open space locations are also to be located at distributed locations along
Secondary Streets as established in the Street Hierarchy Plan, Section 20-8.9(A) to serve the needs of
district residents with smaller pocket parks and plazas with passive programming.
8. Paseos are to be located at the locations established in the Street Hierarchy Plan, Section 20-8.9(A) to
serve pedestrian needs and reinforce a fine-grain pedestrian network throughout the Transit
Supportive Development District. They are required to pass through oddly shaped or unusually long
blocks, especially to access to parks, schools, mass transit facilities, and community services.
a. Paseos shall be a minimum of twenty (20) feet wide, and shall have a minimum unobstructed
walking path of ten (10) feet wide. The sides of the paseo may be used for landscape or street
furniture.
b. Paseos shall be open to the sky for their entire width for at least fifty-percent (50%) of their length.
c. Paseos shall have planters and benches and include points of interest features along the sides.
d. Architecturally compatible pavers shall be used for the pedestrian surface.
e. Pedestrian seating shall be provided, and consist of a minimum of four (4) persons per seventy-
five (75) linear feet, and with fifty-percent (50%) protected from weather.
f. Landscaping shall be provided on twenty (20%) of the length along the sides of the paseo that is
not in the clear pedestrian path, with locations as appropriate to conditions of natural light.
Planters or in-ground landscaping may be used. Other conditions of Section 20-4.5 shall apply.
g. Lighting for pedestrian ways shall be provided to ensure personal safety. Lighting shall be
integrated into the architectural character both in terms of illumination and fixtures. Lighting shall
not impact off-site uses or traffic on adjacent streets. Lighting shall consist of downlighting from
top of the 1st floor of the abutting building. The illumination level shall average ½ foot candle at a
maximum ratio of 10 to 1, illuminated from one hour before sunset to one hour after sunrise.
9. Playgrounds and active sports are to be programmed in designated parks for safety and security and
are not intended for public open spaces as required herein.
10. A restrictive covenant for the owner’s perpetual maintenance of all public open spaces shall be
recorded prior to building permit in a form approved by the City Attorney.
11. Buildings and open spaces shall provide amenities to improve the microclimate along streets, with
respect to excessive heat or sunlight. Shade trees shall be planted to provide additional climate
protection and contribute to an attractive pedestrian environment.
12. Except as provided herein, landscape shall be provided as required in City of South Miami Landscape
Standards Section 20-4.5, 20-4.5.1 and 20-8.
13. The private open space requirement is applied to residential multi-family buildings and the residential
component of mixed use buildings. Private open space shall be provided in the form of interior
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courtyards, balconies, terraces, lawns, community gardens, amenity recreation decks, and landscaped
roof terraces and gardens on buildings and parking structures.
a. The amount of private open space is established in Section 20-8.9(B) 14.
b. Private open space may include outdoor food or drink service areas for restaurants or other uses.
c. Private open space may be programmed with sports activities, such that building and safety
standards are met.
d. Parking shall not be required for any use of private open space.
e. The area of any covered patio, gazebo, or other roofed shade structures shall count towards
meeting the private open space requirements if two sides are opened to the outside.
14. Open Space requirements below shall supersede the requirements of Section 20-4.5. All other
requirements of Section 20-4.5 shall apply.
Open Space Requirement
Administrative Approval
Development Site:
20,000 to 40,000 sq. ft.
Large Scale Development
Special Exception:
more than 40,000 sq. ft. unified
development site
or more than 4 stories
Public Open Space
Type: Courtyard, Pocket Park, or
Linear Open Space
Plaza, Square, Paseo, or Linear
Open Space
Area without bonus award
(minimum) 5% of lot area 10% of lot area
Frontage,
minimum on right-of-way line(s) 20 feet 40 feet
Depth, min. perpendicular to
property line 15 feet 15 feet
Elevation Not more than 3 feet above
sidewalk grade
Not more than 3 feet above
sidewalk grade
Landscaping:
permeable surface in-ground or
in permanent planters
Maximum of 60% and
minimum of 30% of required
open space.
Shade tree canopy shall be
counted as permeable
landscape open space at 700
sq. ft. per tree.
Maximum of 60% and
minimum of 30% of required
open space.
Shade tree canopy shall be
counted as permeable
landscape open space at 700
sq. ft. per tree.
Number of Trees
1 per 1,500 sq. ft.
of open space
Minimum 80% shade trees
Remainder may be substituted
at 2 palms per shade tree.
1 per 1,500 sq. ft.
of open space
Minimum 80% shade trees.
Remainder may be substituted
at 2 palms per shade tree.
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Open Space Requirement
Administrative Approval
Development Site:
20,000 to 40,000 sq. ft.
Large Scale Development
Special Exception:
more than 40,000 sq. ft. unified
development site
or more than 4 stories
Shade Tree Specifications
Minimum 35% native trees
15-foot spread at maturity
20- foot height at maturity
Non-Native Trees:
10-foot high at planting
2-inch caliper at planting
Native Trees:
8-foot high at planting
4-inch caliper at planting
Minimum 35% native trees
15-foot spread at maturity
20- foot height at maturity
Non-Native Trees:
10-foot high at planting
2-inch caliper at planting
Native Trees:
8-foot high at planting
4-inch caliper at planting
Palm Tree Specifications
Minimum 35% native trees
15-foot spread at maturity
14-foot high at planting
2-inch caliper at planting
Minimum 35% native trees
15-foot spread at maturity
14-foot high at planting
2-inch caliper at planting
Pedestrian seating – minimum
required
4 persons per 1,000 square
feet
4 persons per 1,000 square
feet
50% to be protected from
weather
Paseos:
Paseo minimum width
20 feet total
10 ft. clear pedestrian through
zone
30 feet total
15 ft. clear pedestrian path
through zone
Private Open Space:
Private Open Space Types:
Balconies, terraces,
community gardens, amenity
recreation decks, landscaped
roof gardens
Balconies, terraces,
community gardens, amenity
recreation decks, landscaped
roof gardens
Private Open Space Area Minimum, 50 sq. ft.per
residential unit
Minimum, 50 sq. ft.per
residential unit
Landscaping: permeable surface
in-ground or planters
Minimum 20% of required
open space
Minimum 20% of required
open space
Trees: shade tree in-ground or
platers
Not required on roof gardens and
terraces
1 per 1,000 sq. ft.
of private open space located
at ground level
1 per 1,000 sq. ft.
of private open space located
at ground level
20-8.9 (C) Building Height Plan
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The Building Height Plan is established to regulate minimum and maximum building heights, numbers of
stories, and floor-to-floor heights in the TSDD zoning district by subdistrict according to the table below
and by the Building Height Plan, Section 20-8.9 (C)(2).
(1) Maximum numbers of floors and maximum heights without bonuses are based on the table below,
and are regulated by subdistricts: TSNA, TSDA, and TODA. The number of floors not including any
bonuses and building heights permitted without any bonuses may be considered as of right.
(2) Building Heights and Number of Stories by subdistrict
TSNA TSDA TODA
Number of Stories:
Minimum Number of Stories 2 4 4
Maximum Number of Stories Without Bonuses 6 8 8
Maximum Building Height Without Bonuses:
Building Height as defined in Section 20.8-2 94 ft. 128 ft 128 ft
Building Height to the top of the roof slab 84 ft. 108 ft. 108 ft.
Maximum Building Height for Stand-Alone Garages
Maximum number of parking decks above ground 2 5 5
Building Height to the top of highest parking deck or roof 24 ft. 52 ft. 52 ft.
Height to top of parapet or screening feature per Section
20-8.9(C)(8)
per Section
20-8.9(C)(8)
per Section
20-8.9(C)(8)
Floor Heights (measured as floor-to-floor):
First Floor Height Minimum 10 ft. 12 ft. 12 ft.
Second Story and Above Height Minimum 10 ft. 10 ft. 10 ft.
Mezzanines:
Maximum Percent of Floor Area Below Mezzanine 0% 33% 33%
(3) Bonuses are based on the requirements for the bonuses to be applied in Section 20.8-8. Bonuses are
applicable differentially within each subdistrict in accordance to the Regulating Plan, Section 20-
8.9(d)(4) and subject to City Commission approval as part of a large scale development; therefore,
building heights and numbers of floors with bonuses are not to be considered as-of-right by zoning
subdistrict, nor a right that is applicable equally throughout the subdistricts.
(4) Bonuses may not be applied to stand-alone garages, unless the garage includes habitable stories
above the parking decks.
(5) The Building Height Plan of Section 20-8.9(C)(5) establishes the maximum building floor and height
limits with bonuses. The intent is to provide the greatest densities and intensities of development
directly around the South Miami Metrorail Station, with building heights diminishing to achieve
compatibility at the edges of the TSDD with the adjacent existing residential communities in the City.
In addition to balancing the goals of transit-supportive development and neighborhood compatibility,
the height plan provides considerations for light and air on streets, and application of concepts of
enclosure, sightlines and view termination, and breezeways.
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(6) Residential Buffer: All properties within the Transit Supportive Development Districts are subject to
the compatibility requirement that any building or parts of a building that are within seventy-five (75)
feet of a property line that is abutting or adjacent to a single-family residential zoning district shall not
exceed three (3) stories and forty (40) feet to the top of the roof.
(7) Structures, equipment, and design features above the roof.
a. Roof appurtenances, and architectural design features may exceed the roof by twelve (12) feet.
b. All machinery, elevator shafts, stairwell shafts, and non-architectural features shall be shielded
from view by parapets of other architectural design features, such that they are not visible on a
view angle from the property line across the adjacent street at a height of five (5) feet above
ground level.
(8) The height to top of parapet or screening feature may rise no more than forty-eight (48) inches from
the roof, except for where a parapet feature is considered to contribute to the historic context of the
location. If they are to shield from view solar-generation panels, the parapet may rise at an angle to
the north side of the building to fully shield from view the rear of the panel array.
(9) The building height plan is provided below. Height plan boundaries are generally located on the right-
of-way centerline or a property line. Buffers that show height controls in front of step-back lines are
located within properties. They are indicated in the building height plan as cross-hatched areas, and
have horizontal depths from their respective build-to or step-back lines as provided in Section 20-
8.9(C).
(10) Building heights along both sides of Sunset Drive as established in the TSDD Street Hierarchy Plan,
from South Dixie Highway (US-1) to Red Road (SW 57th Avenue) shall be as described herein with the
description superseding interpretation of the map.
a. On the south side of Sunset Drive from South Dixie Highway (US-1) to Dorn Avenue (SW 59th
Avenue), the entire block may be constructed to a maximum height of sixteen (16) floors and two-
hundred and four (204) feet to the rooftop, consisting of eight (8) floors of as-of-right height and
eight (8) bonus floors, except that all development within seventy (70) feet of the center-line of
Sunset Drive shall not exceed the higher of: (i) four (4) stories and fifty (50) feet or (ii) the existing
height of any portion of such area improved with a building on the property as of the date this
ordinance is adopted, provided such portion of the building is within the Historical Overlay District
b. On the south side of Sunset Drive to SW 73rd Street, within the north portion of the block within
155 feet from the centerline of Sunset Drive from Dorn Avenue (SW 59th Avenue) to Red Road
(SW 57th Avenue), properties shall be limited to a maximum height of four (4) floors and fifty (50)
feet to the rooftop.
c. On the north side of Sunset Drive from South Dixie Highway (US-1) to SW 58th Avenue, the south
portion of the block within 140 feet from the centerline of Sunset Drive may be constructed to a
maximum height of four (4) floors and fifty (50) feet to the rooftop. On the part of the block
extending from one-hundred and forty feet (140) north of the centerline of Sunset Drive, buildings
may be constructed to a maximum height of six (16) floors and two-hundred and four (204) feet
to the rooftop, consisting of eight (8) floors of as-of-right height and eight (8) bonus floors.
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Maximum Building Heights Plan
Transit Supportive Development District "-E~'B~~r~~~
Building Height Plan ~1 lJ~~~
(number of stories and building heights to roof are 1Il..L-1t=:t::J
the maximum possible with all bonuses applied)
6 stories & 84 feet
10 stories & 132 feet
14 stories & 180 feet
_ 16 stories & 204 feet
~ Residential Buffer: 3 stories & 40 ft. high,
7S ft. back from property line
~ Sunset Buffer: 4 stories & 50 ft. high from
edge of ROW to midpoint of block
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20-8.9 (D) Building Location, Massing, and Form Requirements
Building Fronting Primary Street or Secondary Street: -> Primary Street Secondary Street
Development Mixed Use or
Single Use Building
Mixed Use or
Single Use Building
Lot Dimensions
Minimum Net Area (sq. ft.) 5,000 5,000
Minimum Frontage (ft.) 50 50
Build-To Lines and Setbacks for First (1st) through Fourth (4th) Stories
Front Façade 1st Build-to-Line (ft.)
0
refer to Section
20-8.9(D)(2)
0
refer to Section
20-8.9(D)(2)
Front façade minimum horizontal variation spacing (ft.) (max.) 70 70
Front Façade Second Layer (for vertical variation) (ft.) (min.) 5 5
Side Street Façade 1st Build-to Line (ft.)
0
refer to Section
20-8.9(D)(2)
0
refer to Section
20-8.9(D)(2)
Side Street Façade minimum vertical variation spacing (ft.)(max) 70 70
Side Street Façade second layer (for vertical variation) (ft.) (min) 5 5
Interior Side Setback (ft.) 0 0
R Rear Setback (ft.) 0 0
Rear Setback from Public Alley (ft.) 0 0
Rear Setback from Dedicated Accessway (ft.) 0 0
Rear Accessway two-way width (depth of lot) (ft.) 22 22
Rear Landscape Buffer between Dedicated Accessway and
Abutting Single-Family Zone (ft.) not applicable 5
Building Frontage Along Street (see Sec.20-8.9(D)(5), (6) and (7)
Sunset Drive: Frontage at the Build-to Line for Ground Floor 70% not applicable
Frontage at the Build-To Line for Ground Floor Story 70% 80%
Frontage at the Build-To Line for Second through Sixth Stories 80% 85%
Frontage at the Build-To Line for Seventh Story and Above 75% 80%
Minimum Distance Between Buildings at ground level (ft.) 0 0
Development Site Coverage
Maximum Building Lot Coverage (%) 80%
Maximum Single Floorplate above 4th story (gross square feet) 20,000 20,000
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(1) The build-to line is established to bring building frontages to the sidewalk, and to provide
adequate, safe and comfortable sidewalks for a walkable retail environment where comfort
includes the room for two people walking in opposite directions pass with comfortable personal
space for pedestrians, and to provide for window shoppers. Shade tree in grates spaced at 25-
foot intervals may narrow the pedestrian through zone, but maintain areas for people to pass by
each other. Areas between trees may be used for street furniture, and bicycle amenities in
conformance with City streetscape plans.
(2) Frontage ratios along street front ground floors are measured along the build-to line and are to
continue vertically for the height of the ground floor (up to 24 feet high). The percentage of
unbuilt space along street fronts may be met by the design of recessed entryways and foyers to
storefronts, offices, and residences, and by small courtyards that may also count as open space.
No continuous wall shall be more than 70 feet wide. Storefront recess areas may accommodate
display windows that are angled (not parallel) to the street.
(3) Frontage along street front upper floors are measured along the build-to line, and are to continue
vertically for the height of each floor to which they are located. The percentage of unbuilt façade
along the build-to line may be met by the design of recessed terraces or may be met by balcony
lines at the build-to lines with the structural building wall recesses. Variety of façade lines is
encouraged.
20-8.10 Architectural standards
The Architectural Standards are intended to provide a degree of predictability about the quality of building
designs and to promote harmony among buildings.
A primary goal for the Architectural Standards is authenticity. The standards encourage construction that
is straightforward and functional, and that draws its ornament and variety from the traditional assembly
of genuine materials. Good site planning and street relationship; use of authentic materials; and
contextuality of design elements and styles are some of the principles encouraged to ensure an attractive
and tasteful aesthetic image for the neighborhood.
20-8.10(A) General Requirements
(1) All construction must comply with The Florida Building Code, the latest edition, as amended. The
general requirements shall be the same as those specified in Sections 20-7.16 through 20-7.2.
Buildings shall be constructed as varying masses with different materiality, texture and depth.
(2) For building articulation and to break the façade massing, varied materials and extrusion of
elements shall be used. Horizontal and vertical extrusions will be used to create the desired
building form. Building massing treatment shall address a pedestrian scale to enhance the street
level public realm area.
a. Vertical form shall be in accordance with the dimensions established in Section 20-8.9(D).
b. The use of a variety of architectural attributes and materiality shall enhance the street -level
experience.
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(3) Except for portions of buildings or developments improved with townhouses, buildings shall
provide fenestration on all sides in accordance with Section 20-8.10(C).
(4) Except for portions of buildings or developments improved with townhouses, public main
entrances shall include a recessed entry of at least three (3) foot depth from primary streets. The
intent is to create a transition space near entrance doors and pedestrians walking along the
sidewalk.
(5) Glare. In all districts, any lighting shall be arranged so as not to shine directly on any residential
use. Direct or sky-reflected glare, when from floodlights.
(6) Service and loading areas shall not be visible from public streets and adjacent residential
properties. All service areas shall be screened from the view of any pedestrian or vehicular path.
(7) All parking structures in the TSDD shall be screened from view where facing any street, or any
view from an adjacent residentially zoned are in the City of South Miami.
a. Parking garage screening shall be by permanent architectural design elements that are
permanently affixed or an integral part of the garage façade structure.
b. Parking garage screening, where permitted, may include screens that may be permitted as
part of the South Miami Art in Public Places program, subject to the requirements of Section
7-17 of the City of South Miami code.
20-8.10(B) Sustainable Buildings
The purpose of this article shall be to promote sustainable development within the City of South Miami
TSDD zoning district by supporting resilient design and construction practices. Sustainable building
practices will promote the economic and environmental health of the City and ensure that the City
continues to become environmentally resilient. This article is designed to achieve the following objectives:
increase energy efficiency in buildings; encourage water and resource conservation; reduce waste
generated by construction projects; reduce long-term building operating and maintenance costs; improve
indoor air quality and occupant health; contribute to meeting state and local commitments to reduce
greenhouse gas production and emissions; and encourage sound urban planning principles.
(1) Sustainability requirements.
a. All buildings and building additions on a unified development site above 40,000 square feet
shall be constructed for certification by the U.S. Green Building Council (USGBC) to a minimum
Silver certification for Leadership in Energy and Environmental Design (LEED) (50 to 59 points)
or equivalent certification.
b. All buildings and building additions on sites between 20,000 square feet and 40,000 square
feet shall be constructed for certification by the U.S. Green Building Council (USGBC) (green)
for Leadership in Energy and Environmental Design (LEED) (40 – 49 points) or equivalent
certification
c. Buildings that are constructed as townhouses, both as a buffer use or as a primary use in the
TSDD, shall not be required to meet these sustainability requirements. Where townhouses are
part of a larger development, the other buildings or portions of the development that are
20,000 square feet or greater shall be required to meet sustainability requirements as
established in paragraphs 20-8.10(B)(1)a. and 20-8.10(B)(1)b. above.
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(2) Standards. This article shall be administered using standards developed for and standards
developed by the Florida Green Building Council, United States Green Building Council (USGBC).
All eligible participants who are certified as having satisfied all of the requirements of the green
building certification, including, but not limited to, any monetary or certification requirements,
are eligible for a partial or full refund of the sustainability fee identified in paragraph (4), herein
based upon the level of compliance with the regulations in this article.
(3) Generally. A sustainability fee will be assessed for all eligible participants. The calculation of the
fee, provisions for refunding all or portions of the fee, its purpose, and eligible uses are detailed
within this division.
(4) Sustainability fee calculation.
a. In order to obtain a temporary certificate of occupancy (TCO), certificate of occupancy (CO),
or certificate of completion (CC), whichever comes first, the eligible participant must first post
a sustainability fee payment bond or issue full payment of the sustainability fee to the City.
The sustainability fee shall be valued at five (5) percent of the total construction valuation of
the building permit. However, the eligible participant may be entitled to a refund or partial
refund, of the bond, or payment of the sustainability fee, based upon achieving the program
certification levels in the compliance schedule below:
FGBC Florida Green High-Rise Residential Building Standard Certification Compliance
Schedule
Level of Certification Achieved Sustainability Fee Reimbursement to Participant for
Meeting Certain Green Building Certification Levels
Failure to obtain Certification 0% refund of bond or payment of Sustainability fee
Certified (green) 50% refund of bond or payment of Sustainability fee
Silver, Gold, or Platinum Certified 100% refund of bond or payment of Sustainability fee
If the proof of green building certification is provided prior to the obtaining a TCO, CO, or CC,
the "sustainability fee" shall be in the full amount identified above, minus the refund for the
level of green building certification achieved identified in the certification compliance
schedule.
b. The sustainability fee shall be valuated upon the eligible participant's submittal at the time of
application for temporary certificate of occupancy (TCO), certificate of occupancy (CO), or
certificate of completion (CC), whichever comes first, upon review by the Planning and Zoning
Department during zoning review of the certificate. The sustainability fee bond or full
payment shall be provided by participant prior to obtaining a temporary certificate of
occupancy (TCO), certificate of occupancy (CO) or certificate of completion, whichever comes
first.
c. Refund of the sustainability fee or bond to the eligible participant may occur as provided for
in subsection (a), above, provided the eligible participant complies with the certification
compliance schedule within the timeframe identified in Paragraph (4)(b).
d. The entirety of the sustainability fee shall be forfeited to the City based upon participant's
failure to achieve the applicable green building certification levels identified paragraph(4)(a)
within the timeframe identified in Paragraph (4)(b).
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5. Review procedures.
a. Prior to obtaining a temporary certificate of occupancy, certificate of occupancy (CO) or
certificate of completion (CC), whichever comes first, the qualifying projects shall post a bond
with the City, or in the alternative, provide a payment to the City, in the amount of the
"sustainability fee" identified in Paragraph (4)(a).
b. Within one (1) year from the receipt of a certificate of occupancy (CO) or certificate of
completion (CC), the owner shall submit proof of green building certification for the
development from the green building certification agency.
i. The bond or payment provided, or percentage thereof, shall be refunded to program
participants that have achieved a level of green building certification identified in the
certification compliance schedule in Paragraph (6).
ii. The Planning and Zoning Department Director may approve, upon the request of the
eligible participant, a one-time one-year extension, provided proof that the green building
certification agency's review remains pending to determine final certification.
c. Building permit applications for a green building project submitted or resubmitted for review
shall be given priority review over projects that are not green building projects by the City's
departments reviewing such applications.
d. All building inspections requested for green building projects shall be given priority over
projects that are not green building projects.
6. Deposit of funds; account.
a. The City shall establish a sustainability and resiliency fund. The revenue generated through
the sustainability fee program shall be deposited in the sustainability and resiliency fund.
i. Interest earned under the account shall be used solely for the purposes specified for funds
of such account.
ii. Sustainability fees deposited and credited to the sustainability and resiliency fund
account, and credited to the eligible participant, pursuant to Paragraph (7), shall be
identified, within the City's sustainability and resiliency fund.
iii. Appropriation of deposited funds in the sustainability and resiliency fund shall not be
permitted until the applicable refund period, established in Paragraph (7)(b), for those
funds has lapsed.
iv. Should the eligible participant provide a bond, rather than pay the sustainability fee, then,
the City shall safeguard the bond, to ensure compliance with this article. The City shall
return the bond or make a claim for a portion of the bond, depending on the eligible
participant's compliance with Paragraph (7)(b) and Paragraph (6)(a).
b. Earned fees in the sustainability and resiliency fund shall be utilized to provide public
improvements that increase the sustainability and resiliency of the City. Expenditures from
these funds shall require prior City Commission approval. Prior to any expenditure, the City
Manager shall provide a recommendation to the City Commission.
c. Such improvements that increase the resiliency of the City may include:
i. Environmental restoration projects;
ii. Environmental remediation projects;
iii. Environmental monitoring;
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iv. Green infrastructure;
v. Enhanced stormwater quality and quantity improvements; and/or
vi. Sustainability planning efforts.
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20-8.10(C) Building Elevations
1) Buildings shall abut the street-front sidewalk and orient the primary entrance or entrances toward
the street, or the corner of two streets if the corner includes an entry plaza, and the building façade
is angled, of uses a convex or concave curved façade to accommodate the entry plaza area.
2) All new construction and major reconstruction along street frontages must provide windows and
entrances or other features to afford interest to pedestrians and to enhance the pedestrian quality of
the environment.
3) Along a frontage containing a required building line, transparent glazing shall be used as provided in
the table below for the horizontal dimension of the first-floor elevation between 2 feet and 12 feet
height for the first floor and measured by the horizontal dimension for upper floors, without limitation
to vertical placement.
Glazing and Transparency Minimum
Requirement
First Floor
(minimum)
2nd through
4th Floor
Above
4th Floor
Sunset Drive 70% 40% 50%
Primary Street 70% 40% 50%
Secondary Street
(except where fronted by townhouses) 50% 40% 40%
Paseo 50% 30% 30%
4) Reflective glass that mirrors external surroundings shall not be used for any external glazing.
5) All glazing is to meet building code requirements for energy efficiency and impact resistance.
6) In addition to vertical variation required in Section 20-8.9(D), on Sunset Drive and Primary Streets,
architectural features such as brows, variation of surface material, or variation of glazing patterns or
color, shall be used to provide horizontal visual relief and interest. At minimum, a cornice or other
visual break line in the façade design at the tops of the fourth floor, eighth floor, and the two top
floors shall be provided. Brows used for this purpose may not encroach beyond the property lines or
build-to lines established in Section 20-8.9(D).
20-8.10(D) Building Encroachments
1) Canopies: Buildings shall provide amenities to improve the climate along streets, and reduce excessive
heat or sunlight for pedestrian comfort. Where appropriate, canopies can be provided along the street
frontage of buildings, and shall be designed so as not to obstruct views and access between building
entrances, the sidewalk, and the street. Canopies shall be a minimum of twenty (20) feet wide , and
have a break of at least 1 foot between canopies. Canopies shall be a minimum of 12 feet high from
the sidewalk grade to the lowest point of the canopy, and shall not extend more than 6 feet on primary
streets or 3 feet on secondary streets.
2) Balconies:
a. Balconies on the façade below the second level are not permitted.
b. Balconies on stories above the ground floor level, may not encroach the build-to line.
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c. No storage or display of items other than furniture shall be permitted on balconies. Balconies may
not be enclosed or screened.
20-8.10(E) Historic Context
1) All new construction along the blocks of Sunset Avenue, shall provide interpretive facades in design
and materials for the first and second floors or up to the first step-back that are compatible with the
structures on the same block that are zoned in the Historic Overlay.
2) Where a development site includes a property that is zoned in the Historic Overlay, the new façade
shall integrate the historically significant features as part of its design at the stories below the step-
back level.
20-8.11 Street standards.
(A) Landscaping and Utilities. All plant materials shall conform to the standards for Florida No. 1 or better
as given in “Grades and Standards for Nursery Plants” Part I, 1963 and Part II, State of Florida,
Department of Agriculture, Tallahassee, or equal thereto. Grass sod shall be clean and reasonably free
of weeds and noxious pests or diseases. Grass areas shall be planted in species normally grown as
permanent lawns. Grass areas must be sodded. All new landscaping must incorporate the xeriscape
principles provided in Section 20-7.17. Existing healthy plant material may remain and be
incorporated into future streetscape projects.
(1) Tree requirements:
(a) Tree Requirements for Lands Zoned TSDD. Landscaping and tree protection requirements shall
be subject to the provisions of Sections 20-4.5 and 20-4.5.1. Notwithstanding the foregoing,
in recognition of the infill nature of lands zoned TSDD, an applicant may satisfy the
requirements of this section with the following adjustments, credits, and mitigation.
(b) Site Tree Adjustments. When the minimum number of trees required under Section 20-4.5
cannot be reasonably planted on the ground level of the subject property, the applicant may
utilize one or more of the following adjustments:
i. Minimum Number of Site Trees Required. In order to promote safe, functional, and
accessible public sidewalks and, at the same time, encourage the activation of public
plazas and encourage the improvement of the public realm with public seating areas
while avoiding conflict with landscape features, where the minimum number of street
trees cannot be reasonably accommodated, the City Manager may designate (i) a
location within the City for the planting of any remaining required trees or (ii) a payment
to the City consistent with the costs of planting the deficient required trees.
ii. Site Trees in the Public Right-of-Way. Site Trees may be planted within the public right-
of-way so long as they are within ten (10) feet of the private property line and the trees
do not unreasonably interfere with the activities of the right-of-way. Site Trees planted
in the public right-of-way shall be in addition to any Street Tree requirement for a site
and shall only count toward the Site Tree requirement for that site. When trees are
requested by a property owner to be planted within the right-of-way, the requesting
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property owner shall execute a covenant provided by the City to provide for the
maintenance of such trees subsequent to planting.
(2) Shade trees may be planted to provide additional climate protection and contribute to an
attractive pedestrian environment. Street trees shall be planted on all street frontages in
accordance with section 20-4.5.1(O). The street tree requirement may be modified or waived at
the discretion of the Development Services Director upon a demonstration of practical difficulty
in strict compliance. Any such waiver shall be the smallest deviation from the requirements
necessary to maximize the health of the tree and maintenance of the public realm.
(2) Utilities. Where feasible and permissible all electrical power utilities, communication, and other
utility lines shall run underground.
20-8.12 Unity of Title or Covenant in Lieu of Unity of Title.
(A) A Unity of Title or Covenant In Lieu of Unity of Title, in a form acceptable to the City Attorney, as set
forth in Section 20-5.16, is required for all platted lots in any development project within the TSDD if
any of the following conditions exist:
(1) If a development project is to be built on two (2) or more abutting platted lots;
(2) If the required parking for a development project is located on a lot other than on the site that is
generating the required parking.
20-8.13 Waivers
Specific deviations from the TSDD zoning code sections 20-8.9, Regulating Plan and 20-8.10, Architectural
Standards that are consistent with the principles and intent of the TSDD zoning district shall be relieved
by waivers, depending upon the nature of the deviation, the property attributes, and the applicable
regulations. Waivers are intended to relieve practical difficulties in complying with the strict requirements
of this Code. Waivers shall include a complete waiver or partial adjustment of an applicable requirement,
and for the purpose of the TSDD zoning regulations, the terms are one and the same. All of the
requirements herein shall apply to waivers and adjustments. Waivers are not intended to relieve specific
cases of financial hardship, nor to allow circumventing of the intent of the TSDD. A waiver may not be
granted if it conflicts with the City Code or the Florida Building Code, is contrary to the public interest, or
results solely from the actions of the applicant. Waivers may be approved by the City Commission in
connection with a large scale development approval, or by waiver application for smaller developments,
and only for properties that meet specific criteria.
(A) Permitted waivers. A waiver shall be authorized to be granted only if the minor deviation is less than
ten percent (10%) of a quantifiably regulated standard set forth in sections 20-8.9, Regulating Plan
and 20-8.10, Architectural Standards.
(B) Prohibited waivers. Waivers shall not be granted if the minor deviation:
1. allows a prohibited use, or one that is contrary to the City of South Miami Comprehensive Plan;
2. establishes or expands a use that is otherwise prohibited;
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3. has the effect of increasing density or intensity of a use beyond that permitted by the TSDD
district and its sub-districts;
4. is requested because of the presence of nonconformities in the zoning district or uses in an
adjoining zoning district;
5. Is requested because of prior variances or waives granted.
(C) Waiver application.
(1) A complete application shall include the application form, applicable fee(s), a current survey, a
site plan, building elevations, a landscape plan, and additional information determined as
necessary for determination by the Planning Director.
(2) A waiver application that is made for a development that is eligible for administrative site plan
review, shall follow the general procedures for assuring neighborhood awareness of the request.
All applications for a waiver shall be accompanied by a map that shows all properties and the
names of all property owners within a five hundred (500) foot radius of the subject propert y. A
notarized affidavit shall be presented to the Planning and Zoning Department within five (5)
business days of submittal of a n accepted application, attesting that the applicant gave notice
of the proposed application to all the property owners within the noted five hundred (500) foot
radius by regular U.S. mail with the exception of the abutting, or contiguous, property owners,
who shall be made aware via Certified Mail. The affidavit shall be accompanied by a copy of the
notification letter together with copies of the Certified Mail receipts.
(3) A waiver application that is made as part of a 20-8.7 large-scale development special exception,
shall be reviewed pursuant to the application procedures and review standards of the process
provided in Section 20-8.7 and 20-8.7.1 Administrative Approval of Minor Modifications to an
Approved Development within the TSDD District, as part of any such application.
(D) Waiver Approval and Grant. Upon receipt of a complete application for waiver for development
eligible for administrative site plan review, it shall be reviewed and a determination issued by the
Planning Director to grant, deny or grant with conditions the requested waiver.
(1) Appeal of an administrative determination to grant, deny, or grant with conditions a requested
waiver, may be appealed by the applicant or affected party pursuant to section 20-6.2. An affected
party is one that was noticed as a property owner within a five hundred (500) foot radius of the
subject property. The appeal must be filed with the Development Services Director within 30 days
of the decision on the Waiver.
(E) Criteria and standards for granting waivers:
(1) Practical difficulty . The granting of a waiver based on practical difficulty shall balance the rights
of property owners in the TSDD and adjacent districts within the City and the need of the
individual applicant based on an evaluation of the factors below:
b. whether a waiver of the minor deviation would be compatible with development patterns
in the TSDD;
c. whether the essential character of the TSDD will be preserved;
d. whether the waiver of minor deviation can be approved without causing substantial
detriment to adjoining properties;
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e. whether the waiver of minor deviation would do substantial justice to the property owner
as well as to other property owners justifying a relaxation of the TSDD requirements;
f. whether the plight of the applicant is due to unique circumstances of the property and/or
applicant which would render conformity with the strict requirements of this chapter
unnecessarily burdensome; and
g. whether the special conditions and circumstances that exist are the result of actions beyond
the control of the applicant.
(2) Conditions and safeguards may be imposed. In granting any waiver, appropriate modifications
or conditions may be prescribed to mitigate the proposed deviation and to ensure safeguards
in conformity with the Comprehensive Plan and the City Code or any other enacted ordinance.
(3) The effect and limitation of a waiver shall be applicable to the development for which it is
granted and not to the individual applicant, nor shall it be applicable to the land.
(F) Waivers for Irregular Lots And Office Development Limited to Six Stories. Through a large scale
development approval, the Commission may approve waivers to ground floor requirements and
limitations, and limitations related to horizontal dimensions for irregular Lots or mixed -use projects
that include office uses within properties limited to six stories in height, where there are practical
difficulties in meeting the regulations and the change is in the best interest of the City. Waivers
under this section may exceed 10% of the limitations established in this code. Where waivers are
approved for open space and/or on -site or street trees, the applicant shall be required to provide a
monetary contribution into the “South Miami Public Benefit Trust Fund” in an amount negotiated by
the City Commission to be utilized for the improvement of existing public parks; or by undertaking
and incorporating off-site improvements and enhancements, as approved by the City Commission, to
a public park within the TSDD and/or the City. Such contribution or off-site improvement shall not
satisfy more than 50% of the required open space and/or private open space requirements of a
proposed project. Waivers shall be based on a consideration of the factors provided in Section 20 -
8.13(E).
Agenda Item No:18.
City Commission Agenda Item Report
Meeting Date: December 10, 2024
Submitted by: Marcus Lightfoot
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section:
Subject:
QUASI-JUDICIAL WARNING:
THE FOLLOWING MATTER IS CONSIDERED TO BE QUASI-JUDICIAL. PLEASE REVIEW THE
RESTRICTIONS THAT ARE MORE FULLY SET FORTH AT THE END OF THIS AGENDA.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING ARTICLE VIII “TRANSIT-SUPPORTIVE DEVELOPMENT DISTRICT” TO MODIFY APPLICABLE
DEVELOPMENT REGULATIONS; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE. 4/5 (CITY MANAGER-PLANNING DEPT.)
Suggested Action:
Attachments:
4A48572-CC Memo Re Planning Board Consideration of TSDD.DOCX
TSDD Staff Revised CM Report Final.docx
Ordinance_Re_TSDD_Regulations_-_second_readling.docx
4A48609-Exhibit A To TSDD Regulations Ordinance.DOCX
4A48598-Proposal from J Avino.DOCX
Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Lillian Arango and Tony Recio, City Attorneys
CC:Genaro “Chip” Iglesias
DATE:December 10, 2024 City Commission Meeting
SUBJECT:PLANNING BOARD CONSIDERATION OF TSDD ORDINANCES
The Planning Board met as the City’s Local Planning Agency on December 3, 2024
to consider the four ordinances implementing the TSDD regulations. The four ordinances
propose the following:
1. Change to the Future Land Use Map of the Comprehensive Plan to change the
name on the map to Transit Supportive Development, and to change the
designation for properties that are part of the Transit Supportive Development
District (“TSDD”) area but are not currently designated for Transit Supportive
Development.
2. Change to the Land Use Element text of the Comprehensive Plan to enact a
200 dwelling unit per acre maximum density within the Transit Supportive
Development designation.
3. Change to the Zoning Map to change the name of the TODD district to TSDD,
and to change the zoning of parcels within the TSDD area that not current
zoned TODD to TSDD.
4. Land development regulations for the TSDD.
The first three ordinances were reviewed by the Planning Board for the first time on
December 3rd, and are on your December 10th agenda for consideration on first reading.
The first two ordinances require transmittal to state and regional agencies, and Miami-
Dade County, for review and comment prior to second reading. The third ordinance
cannot be adopted until the first ordinance is adopted.
The Planning Board unanimously recommended adoption of the first three ordinances
with little comment.
The fourth ordinance was considered by the Planning Board for a second time on remand
from the Commission pursuant to its request in the November 4, 2024, Commission
meeting. On remand, the Planning Board heard from several property owners on Sunset
Drive then held a lengthy discussion regarding the ordinance.
2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
Their final recommendation was to recommend to the Commission that it bifurcate
the ordinance into two pieces of legislation: one with the bulk of the regulations,
and another with Sunset Drive and the TSNA areas (shown as crosshatched in the
map below) so that those areas could receive further consideration from staff.
The Board’s intention is that the bulk of the regulations move forward at this time, and a
new ordinance addressing the Sunset Drive and the TSNA areas be brought to them for
consideration with massing studies and potentially a transfer of floor area to address
Sunset Drive. The Board’s recommendation as to the bulk of the regulations was
for approval, subject to further consideration of reducing the minimum unit sizes
(to encourage residential opportunities to more people) and increasing the number
of bonus floors that can be obtained through the public open space bonus (to
encourage public open space).
The Board members had the following observations and comments:
-Minimum unit sizes
o PB Member Guerra proposed reducing the minimum unit sizes
3
CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
o Wants to provide more residential ownership opportunities at more
affordable price points
o Concerned about a Fair Housing challenge
-Open space bonus
o PB Member Guerra suggests providing a greater incentive to seek
more public open space
Allow for more floors of bonus to be obtained through the open
space bonus
-Sunset Drive Buffer area
o PB Member Guerra supportive of TDRs or similar incentive program
Also too restrictive to bring buffer area all the way south to 73
rd
Street
o PB Member Ortega wants Commission to consider more balance on
south portion of Sunset Drive block (abutting 73rd Street)
o PB Member Corvison supportive of Commission consideration of
treating properties fronting on 73rd Street differently from those on
Sunset Drive, allowing for more height
o PB Chair Barrera was concerned about equity for Sunset Drive owners
He was supportive of extending Sunset Place Sunset Zone
regulations to Sunset Drive, or to use TDRs (Barrera wants a
massing study from staff) – not equitable otherwise
o PB Member Miller drew a distinction between Sunset Place and the
rest of Sunset (especially south side adjacent to it)
He urged the City’s Planning staff to consider TDRs
-Neighborhood Residential Buffer Area/75 feet stepback
o PB Member Guerra wants to consider reducing 75 feet, OK with
leaving it at four stories
o PB Member Miller wants it to be three stories for townhouses, and
extend buffer from 74th Terrace (and theoretical extension to west)
south, perhaps consider buffer to be 3 stories to 5 stories, rather than
current 4 to 6
He does not support splitting blocks, thinks the entire block should
be subject to the lesser height when the block is adjacent to single
family residential
-Generally
o PB Chair Barrera considered deferring the items for staff to address:
Single family buffer - south of 74
th Street
Massing for Sunset Drive
4
CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
Finally, there were several owners on Sunset Drive that raised various concerns about
the treatment of properties on Sunset Drive and the north side of SW 73rd Street in the
Town Center area. Mr. Javier Aviño, on behalf of owners of property on Sunset Drive,
presented a proposal for a transfer of floor area. The proposal is attached to this memo.
If the Commission is to consider it, we recommend that a new sub-paragraph (5) be added
that provides the following:
(5)As a condition of the issuance of a Certificate of Transfer, the
eligible sending site shall execute and record a covenant on its
property, in form and substance acceptable to the City Manager and
City Attorney, that the owner, including its successors and assigns,
shall not pursue development densities, intensities, or tax reductions
resulting in reduced property tax revenue to the City under Section
166.04151, Florida Statutes, or any other law adopted by the State
of Florida or Miami-Dade County providing for additional or different
development intensities through a preemption of the City’s laws
(collectively “Preemption Laws”), as such Preemption Laws may be
adopted or amended from time to time.
5
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO: The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM: Genaro “Chip” Iglesias, City Manager
DATE: December 10, 2024
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING ARTICLE VIII “TRANSIT-SUPPORTIVE DEVELOPMENT DISTRICT” TO
MODIFY APPLICABLE DEVELOPMENT REGULATIONS; PROVIDING FOR CORRECTIONS;
SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING POLICY 1.1.1 OF THE FUTURE LAND USE ELEMENT OF THE CITY OF SOUTH
MIAMI COMPREHENSIVE PLAN TO ESTABLISH A MAXIMUM DENSITY OF 200 DWELLING UNITS
PER ACRE IN THE “TRANSIT-SUPPORTIVE DEVELOPMENT DISTRICT” AND MODIFY ITS
DESCRIPTION; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION;
AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE FUTURE LAND USE ELEMENT OF THE
CITY OF SOUTH MIAMI COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND USE
DESIGNATION OF PARCELS CURRENTLY DESIGNATED “MIXED-USE COMMERCIAL-RESIDENTIAL”,
“RESIDENITAL / LIMITED COMMERCIAL”, “BUSINESS OFFICE”, “PARKS AND OPEN SPACE”,
“MULTI-FAMILY RESIDENTIAL”, “TOWNHOUSE RESIDENTIAL”, “SINGLE FAMILY RESIDENTIAL”,
“HOSPITAL”, AND “PUBLIC INSTITUTIONAL” TO “TRANSIT-SUPPORTIVE DEVELOPMENT
DISTRICT” PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND
AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING THE ZONING MAP OF THE CITY OF SOUTH MIAMI, TO CHANGE THE ZONING OF
VARIOUS PROPERTIES FROM: “TRANSIT-SUPPORTIVE DEVELOPMENT DISTRICT MIXED USE-5
(TSDD MU-5)”, “TRANSIT-SUPPORTIVE DEVELOPMENT DISTRICT MIXED USE-6 (TSDD MU-6)”,
“TRANSIT-SUPPORTIVE DEVELOPMENT DISTRICT MIXED USE – MARKET (TSDD-MUM)”,
“TRANSIT-SUPPORTIVE DEVELOPMENT DISTRICT PUBLIC INSTITUTIONAL (TSDD-PI)”,
“SPECIALTY RETAIL (SR)”, “HOMETOWN DISTRICT OVERLAY (HD-OV)”, “HISTORIC OVERLAY (HP-
OV)”, “NEIGHBORHOOD RETAIL (NR)”, ”LOW DENSITY OFFICE (LO)”, “RESIDENTIAL OFFICE (RO)”,
“PUBLIC INSTITUTIONAL (PI)”, “HOSPITAL (H)”, “MEDIUM-DENSITY MULTI-FAMILY RESIDENTIAL
(RM-24)”, “LOW-DENSITY MULTI-FAMILY RESIDENTIAL (RM-18)”, “TOWNHOUSE RESIDENTIAL
2
(RT-6)”, “LOW DENSITY SINGLE FAMILY (RS-3)”, AND “PARKS AND RECREATION (PR)” TO
“TRANSIT SUPPORTIVE DEVELOPMENT DISTRICT (TSDD)”; PROVIDING FOR CORRECTIONS;
SEVERABILITY; CONFLICTS; AND AN EFFECTIVE DATE.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 3
TRANSIT SUPPORTIVE DEVELOMENT DISTRICT AMENDMENTS
STAFF REPORT
BACKGROUND
The South Miami Hometown and Commercial Lands Rezoning began on November 22, 2022, with public
workshops and stakeholder meetings that followed shortly after the kick-off. The South Miami downtown
is prominently located in South Dade at the confluence of a South Miami Metro Rail station, South Dixie
Highway (US-1) the only major urban arterial that serves all of the eastern tier of South Miami-Dade
County, and two major County section line roads, Red Road (SW 57th Avenue) and Sunset Drive (SW 72nd
Street) with Sunset Drive also being the main street for the South Miami downtown. The 160-acre
rectangle of land illustrated below and referred to as the South Miami Downtown is the initial motivation
for this study.
Since 2019, with the catalyst of the COVID-19 Pandemic and the ensuing confluence of in-migration to
South Florida, working from home, and shopping from home, the land development market has
diminished its prior demand for common goods retail space, and general professional office space, and in
place of this, great demands for affordable, workforce, and market rate housing have risen. As part of the
rise in the demand for housing, the residential lifestyle component has risen for compact mixed-use
developments near alternative mobility access, with flexible workspaces, visitor spaces, and flexible retail
focused on a combination of placemaking activities (food & beverage, specialty retail, entertainment) with
daily needs to accommodate residents within a walking distance.
The chief intent of the rezoning study is to respond to these trends for mixed-use programming in transit-
oriented development areas, and revitalize the South Miami Downtown for long term social,
environmental and economic sustainability.
Before the study proceeded, realizing that the other commercial areas of the City were subject to similar
market forces and the need to shift and revitalize, the South Miami Commission determined and resolved
to expand the geographic scope of the study to extend to the other commercial corridors of the City,
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 4
including Bird Road, Red Road north and south of Downtown, Sunset Drive west of Downtown, and SW
62nd Avenue to the northwest of Downtown.
The South Miami Hometown and Commercial Lands Rezoning began on November 22, 2022, with public
workshops and stakeholder meetings followed shortly after the kick-off. As work proceeded, it became
clear that to perform the necessary zoning amendments to fulfill the desired direction of redevelopment,
it would also be necessary to perform amendments to the policies of the City’s adopted Comprehensive
Plan, that the zoning amendments could be adopted as companion implementations to. Text amendments
to the Future Land Use Plan of the City’s Comprehensive Plan have been adopted.
As the rezoning work proceeded in the summer of 2023, State Bill 102, the “Live Local Act” was passed
that further underscores the commitment of the State of Florida to addressing a shortage of affordable
and workforce housing supply. Along with its provisions to stimulate affordable and workforce housing,
The Live Local Act included zoning and comprehensive plan pre-emptions that would affect the zoning
recommendations and further underscore the need for additional comprehensive plan changes, most
specifically to address height, density and pre-emptions for commercial and mixed-use zoning categories
and parking pre-emptions in transit-oriented developments. The proposed code addresses the need for
affordable and workforce housing and also addresses pre-emptions.
FOUR AMENDMENTS
The recommended changes to the LDR require amendment to the City’s adopted Comprehensive
Plan Land Use Element, which is made up of adopted goals, objectives and policies that are akin
to the City’s constitution for land development and policy, and a Future Land Use Map (FLUM)
that also is the policy for land development with which the LDR must be consistent. The
Comprehensive Plan is required by and maintained in accordance with the State of Florida Growth
Management Act, specifically Florida Statutes Chapter 163, Part II “Growth Policy; County and
Municipal Planning; Land Development Regulation”. The status of the comprehensive plan and its
relationship between the zoning code and the comprehensive plan is defined by Sections
163.3194, 163.3201, and 163.3203 which in sum state the aforementioned constitutional
character of the comprehensive plan for land development, and that the zoning code is the legal
implementation of the comprehensive plan policies, and must be based on, related to, and the
means of implementation for an adopted comprehensive plan.
The Growth Management Act provides for three processes to amend the comprehensive plan:
1) “Coordinated State Review” for Evaluation and Appraisal Report (EAR) based amendments, 2)
“Expedited State Review ”, and 3) “Small Scale Amendments” (Sec. 163.3187). The comprehensive
plan amendments proposed here relate to more than a single contiguous land area of less than
fifty acres; therefore, the process for these Comprehensive Plan Amendments will be under the
“Coordinated State Review” process.
The procedures that have been performed toward implementing changes in land use designation,
land use policy, zoning regulations and companion zoning designation are in accordance with
State Statutes and pursuant to the procedures and requirements in Section 20-5.6 and Section
20-5.7 of the City of South Miami Land Development Code. Although the changes are of one
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 5
effort, to follow required procedures, they are necessarily enacted by the adoption of four (4)
separate ordinances that together have the effect to meet the larger redevelopment intent.
1. PB-24-024 – Zoning Text Amendment
An ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending
Article VIII “Transit-Supportive Development District” to modify applicable development
regulations; providing for corrections; severability; conflicts; implementation; and an effective
date.
2. PB-24-025 – Comprehensive Plan Text Amendment
An ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending
Policy 1.1.1 of the Future Land Use Element of the City of South Miami Comprehensive Plan
to establish a maximum density of 200 dwelling units per acre in the “Transit-Supportive
Development District” and modify its description; providing for corrections; severability;
conflicts; implementation; and an effective date.
3. PB-24-026 – Comprehensive Plan Future Land Use Map (FLUM) Amendment
An ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending
the Future Land Use Map of the Future Land Use Element of the City of South Miami
Comprehensive Plan to change the Future Land Use Designation of parcels currently
designated “Mixed-Use Commercial-Residential”, “Residential/Limited Commercial”,
“Business Office”, “Parks and Open Space”, “Multi-Family Residential”, “Townhouse
Residential”, “Single-Family Residential”, “Hospital”, and “Public Institutional” to “Transit-
Supportive Development District” providing for corrections; severability; conflicts;
implementation; and an effective date.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 6
4. PB-24-027 – Zoning Map Amendment
An ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending
the Zoning Map of the City of South Miami, to change the zoning of various properties from:
“Transit-Supportive Development District Mixed Use-5 (TSDD MU-5)”, “Transit-Supportive
Development District Mixed Use-6 (TSDD MU-6)”, “Transit-Supportive Development District
Mixed Use – Market (TSDD-MUM)”, “Transit-Supportive Development District Public
Institutional (TSDD-PI)”, “Specialty Retail (SR)”, “Hometown District Overlay (HD-OV)”,
“Historic Overlay (HP-OV)”, “Neighborhood Retail (NR)”, ”Low Density Office (LO)”,
“Residential Office (RO)”, “Public Institutional (PI)”, “Hospital (H)”, “Medium-Density Multi-
Family Residential (RM-24)”, “Low-Density Multi-Family Residential (RM-18)”, “Townhouse
Residential (RT-6)”, “Low Density Single Family (RS-3)”, and “Parks and Recreation (PR)” to
“Transit-Supportive Development District (TSDD)”; providing for corrections; severability;
conflicts; and an effective date.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 7
.
The four ordinances are all applied for by the City of South Miami. To effectuate the changes to
the Transit-Supportive Development District, ordinances will all have to be adopted, with the final
readings of the zoning text and map amendments being adopted sequentially after adoption of
the Comprehensive Plan policy and map changes.
This is a combined staff analysis for the map amendments and companion text amendments.
NEED FOR THE AMENDMENTS
Responding to the background conditions, the need for the amendments is focused on addressing a
balance between growth, compatibility and orderly development, and are expressed as five key concepts:
▪ Flexibility in responding to dynamic development markets and investment
▪ Directing density toward infrastructure, most specifically the South Miami Metrorail Station
▪ Responding to the need for affordable, workforce and market rate housing
▪ Compatibility of intensification to function for and transition to the existing neighborhoods of
South Miami
▪ Simplification and predictability of regulations to attract investment among comparative
opportunities in South Dade.
Market Response Flexibility
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 8
The land development regulations must also remain flexible and remain relevant to continuously changing
markets in the nature and proportion of commercial space, residential space, and the interaction between
them. These support zoning text changes accomplish this by:
1. Establishing new generalized commercial use categories to replace the long list of incomplete and
obsolete enumerated permitted uses.
2. Establishing new parking requirements that are coordinated with use categories and incorporate
reductions for mixed-use, transit proximity and increased pedestrian and bike travel.
3. Establishing a live-work permitted use that provides for as-of-right live-work with building design
requirements to provide greater functionality than home-offices
Directing Density Toward Infrastructure
An organized and predictable pattern of development is necessary for sustainable growth. The basis of the
organization and predictability is to assure that there is sufficient infrastructure where density and
intensity are increased to support additional units of development. Along with density and intensity
increases, strategies will be used to align demands and capacities for infrastructure.
▪ Direct the highest densities and intensities to be generally within ¼ mile of the South Miami Metro
Rail Station, generally and using full blocks for clarity and consistency. Density and intensity in the
TSDD are generally controlled by permissible building heights
▪ Locate the next highest densities and intensities to be generally within ½ mile of the South Miami
Metrorail station, generally and using full blocks for clarity and consistency.
▪ Establish a transition area at the edges of the TSDD that lowers permissible building height and
commercial uses wherever the district is adjacent to existing neighborhoods.
▪ Enable zoning provisions that provide development bonuses for developer-contributed on-site
improvements to the public realm and public benefits (such as affordable and workforce housing),
or provision of off-site public benefits contributions.
Respond to Housing Needs
One of the chief reasons for the amendments is to respond to the current projections for mixed use
programming and transit-supportive land use. The City’s policy direction for the rezoning and enabling
land use plan amendments is to implement flexible and performance-oriented land development
regulations, increase predictability of development outcomes, and support compatible, well-placed
development in the City.
The Miami-Dade Residential Land Supply / Demand Analysis determines the adequacy of the existing
capacities to accommodate projected growth. According to this analysis, South Dade is depleted of land
available for single-family homes and will have no more land available for the development of multi-family
homes in 2036, even though demand remains high. The analysis summarizes a dire situation when
combined with the great emphasis that the County has established to control urban sprawl and develop
housing near Metrorail stations and in Rapid Transit Zones (RTZ). There is no significant land near
Metrorail for development of single-family homes, and the development of single-family homes is
contrary to the County’s RTZ policies and transit supportive development concepts. The un-achievability
to develop single-family homes in the transit supportive areas results in the understanding that the
demand for single family homes signals demand for more larger multifamily residential to meet the need.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 9
The intent of the zoning amendments envisions development that better leverages the locational
relationship of the South Miami Downtown to Metrorail and mobility alternatives, and the fine grain
network of walkable streets that defined the Downtown.
Compatibility
The essential quality of South Miami’s neighborhoods that continues to retain residents and attract new
residents to its single-family neighborhoods is that it is a quiet place to live, with a variety of housing types
on small and large lots that is still central to the South Dade business, entertainment and shopping centers,
to the major thoroughfares, and all within 20 to 15 minutes of the Miami International Airport. Paramount
in importance to these zoning amendments is to maintain and reinforce compatibility with the City’s
existing single-family neighborhoods while also stimulating market responsive redevelopment. The zoning
amendment achieve compatibility through mechanisms of: appropriate transitions in use and scale that
adhere to the basic principles of encouraging quality pedestrian design, calibrated parking, green space,
minimized curb cuts (increases walkability) and asphaltic surface parking, and carefully formed building
heights, setbacks, step-backs and frontage to keep massing that achieves compatibility to both sides of
the transition areas. Building height and mass allowances, people-oriented open space, urban street grid,
parking and architectural interest and quality are the defining components of a quality downtown and
transit-supportive district that people experience. The most salient feature is the focus on urban
development intensity and density that is commensurate with the objective to support Miami-Dade
County and City of South Miami goals for transit supportive development within the walkshed of Metrorail
stations. Four of the defining components address density and intensity: building height and mass, open
space, the urban street grid, and parking.
The proposed regulations support these objectives by permitting greater height toward US-1 with
transitions to the edge of the district; as well as transitions to respect the historic “Main Street ” character
of Sunset Drive. The regulations provide for calibrated open space, complete the pedestrian circulation,
and provide urban, transit-supportive calibrated parking requirements.
Simplification and Predictability
Simplicity and clarity of the zoning code is essential as a matter of civil responsibility to provide land
development laws that are accessible and plainly written in common terms that every citizen can read and
understand for each themselves. Simplicity and clarity of the zoning code is also an essential concept
toward attracting development and redevelopment, whereby the package of property rights for any parcel
of land with the City’s jurisdiction is obtainable from reading the code, so that investors can determine
good fits for proformas that meet their return criteria, and not pass over South Miami for more easily
ascertained estimates of return. The simplification and predictability of the code amendments is achieved
through four forms:
1. Zoning district text is reorganized to use tables where possible, and organize and simplify
requirements.
2. Requirements are expressed as mandatory requirements or choices that have definite outcomes.
Aspirational language is minimized and mostly in statements of intent at the beginning of sections.
3. Enumerated permitted uses are replaced with permitted use categories with performance criteria.
4. Parking regulations are also simplified by permitted use categories, and mixed-use and transit
reductions are incorporated into the requirements without further shared calculations and
methodology approvals.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 10
TSDD MAP CHANGES
The Transit Supportive Map Changes for both the Future Land Use Map and the Zoning Map are
summarized below. The FLUM and Zoning map boundary changes are companion amendments and are
geographically congruent, coinciding exactly when superimposed. The FLUM and Zoning Map changes are
shown in the following maps, with summary areas and development impact summarized in the table
following the maps.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 11
Existing Future Land Use Map Excerpt for TSDD Map Amendments
FUTURE LAND USE DESIGNATIONS
Transit-Supportive Development (TSDD) Multi-Family Residential (MFR)
Downtown SoMi (DS) Townhouse Residential (TR)
Mixed Use Commercial / Residential (MUCR) Duplex Residential (DR)
Residential / Limited Commercial (RLC) Single-Family Residential (SFR)
Mixed Residential Moderate Density (MRMD) Park and Open Space (POS)
Commercial Retail and Office (CRO) Public and Institutional (PI)
Business Office (BO) Educational (E)
Hospital (H) Religious (R)
Religious (R)
SW 71st St.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 12
Proposed Future Land Use Map Excerpt for TSDD Map Amendments
FUTURE LAND USE DESIGNATIONS
_ Transit-Supportive Development (TSDD) _ Multi-Family Residential (MFR)
_ DowntownSoMi(DS) D TownhouseResidential(TR)
D Mixed Use Commercial/Residential (MUCR) D Duplex Residential (DR)
D Residential/ Umited Commercial (RLC) D Single-Family Residential (SFR)
D Mixed Residential Moderate Density (MRMD) _ Park and Open Space (POS)
_ Commercial Retail and Office (CRO) D Public and Institutional (PI)
D Business Office (BO) D Educational (E)
_ HosDital (HI _ Reli.ious (RI
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 13
Zoning Map Excerpt for TSDD Map Amendments
existing zoning district boundaries in black dash lines
existing zoning districts labelled in blue type
proposed TSDD boundary in purple dash line with area highlighted in purple
-------
---
" , -
" -,
-,
-
----
-
" ,-, ,
, ,
. -..... -
1. •• "
.,
;rODD-MU6
-
"
--
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 14
TSDD Map Amendment General Impact Summary
Regulation Existing FLUM and Text Amendments
TSDD Land Area 54.89 acres 112.97 acres
Comprehensive Plan
Future Land Use
Map Designation
Transit Supportive Development D. 54.89 ac.
Mixed-Use Commercial-Residential 27.74 ac.
Residential / Limited Commercial 1.65 ac.
Business Office 0.96 ac.
Parks and Open Space 3.13 ac.
Multi-Family Residential 17.87 ac.
Townhouse Residential 1.10 ac.
Single-Family Residential 2.25 ac.
Hospital 0.88 ac.
Public Institutional note 1 2.50 ac.
Transit Supportive Development District
General Uses
Mixed Use
Commercial
Residential
Permissive
Mixed Use
FAR:
Transit Supportive Development: not regulated
Mixed-Use Commercial Residential: 1.60
Residential / Limited Commercial: 1.60
Business Office: 1.60
Parks and Open Space: not applicable
Multi-Family Residential: not applicable
Townhouse Residential: not applicable
Single-Family Residential: not applicable
Hospital: not applicable
Public Institutional: not applicable
FAR
not directly regulated
(FAR is the product of building coverage and
number of floors, less parking and open space
requirements)
Density (maximum)
Transit Supportive Development: not regulated
Mixed-Use Commercial Residential: 24 DU/ac.
Residential / Limited Commercial: 24 DU/ac.
Business Office: not applicable
Parks and Open Space: not applicable
Multi-Family Residential: 24 DU/ac.
Townhouse Residential: 8.26 DU/ac.
Single-Family Residential: 7.21 DU/ac.
Hospital: not applicable
Public Institutional: not applicable
200 DU/acre
with bonuses
in TODA and TSDA subdistricts
150 DU/acre
without bonuses
in TODA and TSDA subdistricts
100 DU/acre in TSNA
Residential Units at
Maximum Density
(note 2)
TSDD MU-5 29.15 acres 7,288 D.U.
TSDD MU-6 12.99 acres 5,130 D.U.
TSDD MUM 1.86 acres 531 D.U.
TSDD PI 3.86 acres 1,523 D.U.
TSDD PUD-M 7.02 acres. 1,756 D.U.
TOTAL RESIDENTIAL UNITS 16,228 D.U.
TSDD TODA & TSDA 76.01 ac. 15,202 D.U.
TSDD TSNA 19.51 ac. +1,951 D.U.
Less Residential & MU changed to TSDD:
replaced MUCR. 27.74 ac. - 665 D.U.
replaced RLC 1.65 ac. - 39 D.U.
replaced MFR 17.87 ac. - 428 D.U.
replaced TR 1.10 ac. - 16 D.U.
replaced SFR 2.25 ac. - 13 D.U.
TOTAL RESIDENTIAL UNITS 15,992 D.U.
Note 1: Public Institutional land that is changed to TSDD-TSDA land in comprised of County owned housing for the elderly, and for the purpose of
estimating housing unit impacts, is classified as Multi-Family Residential.
Note 2: Density estimation for form-based existing TSDD policy: Residential density is estimated by maximum building coverage and height
regulations for the purpose of determining development unit build-out potential. Maximum number of floors are used with attainable zoning bonus
allocations, and the first floor is discounted from residential use. Floor heights are 12 stories for TSDD MU-5 and TSDD PI, 8 stories for TSDD MU-6,
9 stories for TSDD-MUM, with respective maximum densities at 250, 395, and 285 DU/ac. The average dwelling unit is estimated at 700 sq. ft, plus
10% common area, plus parking area at 450 sq. ft for 1-½ spaces, for a total of 1,220 per DU. Deductions for existing residential designation areas
hanged to TSDD-TSNA are by maximum density for MFR, actual units for TR, and actual lots platted for SFR.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 15
TSDD ZONING DISTRICT AND ITS SUBDISTRICTS
The Transit Supportive Development District (TSDD) is divided into three subdistricts:
▪ Transit Oriented Development Area (TODA) which is the most intense area, nearest the South
Miami Metrorail Station, and consists generally of the existing TSDD MU-6 and TSDD-PI areas. The
TODA shall not be located where it is abutting or adjacent tot and single-family zoning district.
▪ Transit Supportive Development Area (TSDA) which is the general walkshed from the South Miami
Metrorail Station, and consists generally of the existing TSDD MU-5 and TSDD-P areas. The TSDA
shall not be located where it is abutting or adjacent to and single-family zoning district.
▪ Transit Supportive Neighborhood Area (TSNA) which is a limited height, residential area to
transition from the TSDA to adjacent neighborhoods.
The map below shows intended remapping of the Hometown Overlay Area, and remapping of multi-family
residential areas to the TSNA subdistrict.
.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 16
RESIDENTIAL DENSITY
FUTURE LAND USE ELEMENT TEXT AMENDENT &
COMPANION ZONING TEXT AMENDMENT
The existing Transit Supportive Development
District (TSDD) when originally adopted was
written as a form-based code in which the intensity
and density of development is controlled by
building, and allows for unlimited density and
intensity, up to what will fit within their building
envelopes. Whereas height, open space and grid
size are what people experience, Floor Area Ratio
(FAR) and Residential Density (dwelling units per
acre) are also tools for a pedestrian, transit-
oriented district to be activated and be sustainable.
Development is generally limited by the most
restrictive of 1) intensity and density controls, 2)
building shape and form limits, and 3) parking. Ideally, they should provide similar control in similar
instances; however, since many aspects of building and development do not scale similarly, one or the
other of the metrics tends to control development, especially as development site areas vary.
State legislative changes that include pre-emptive zoning directives regarding height and density in
residential projects that include affordable and workforce housing have shed light on unintended
consequences that may arise from the form-based approach. To address these, the amendment of the
Transit Supportive Development District now includes a maximum residential density that is calibrated to
provide density that compares closely to form regulations and does not reduce density from what has
been approved based on form and height only.
The establishment of a maximum density limit will also improve important land use planning concepts,
including:
• Establishment of a logical land use pattern
• Transition to neighborhoods to control traffic impact, and
• More predictive concurrency planning
The density maximums have been determined by peer review and prior approvals in the TSDD. These
include:
Sunset Place 33-story mixed use 150 DU/acre
SoMi - Winn Dixie 9 story mixed-use 149 DU/acre
6075 Sunset Drive 10 story mixed-use 196 DU /acre
Coral Gables MX-1 and MX-2 6, 8 stories 125 DU/acre
M-D RTZ Community Center 15 stories 125 DU/acre
M-D RTZ Metropolitan Center 25 stories 250 DU /acre
M-D RTZ Regional Center stories per code 500 DU/acre
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 17
Comprehensive Plan Future Land Use Amendment
FLUE Policy 1.1.1 Future Land Use Categories
Transit-Supportive Development (TSDD)
The Transit-Supportive-Development Future Land Use designation is intended to provide for the
development of commercial uses and residential uses as permitted by the Transit-Supportive Development
Districts in the City’s Land Development Code in multi-story and mixed-use projects that are characteristic
of transit-supportive developments. Permitted residential density shall not exceed 200 dwelling units per
acre, except for areas that are designated as Transit Supportive Neighborhood Areas (TSNA) that are
established as transitional areas to existing residential neighborhoods, for which the TSNA areas shall not
exceed 100 dwelling units per acre. Residential densities in the TSDD shall be further limited as set forth
in the implementing Land Development Code. Permitted heights and intensities shall be set forth in the
Land Development Code, including design standards. Zoning regulations shall encourage development
within the TSDD land use category in conjunction with limiting new development within the Special Flood
Hazard Area and other environmentally sensitive areas. The City shall pursue incentive programs for
redevelopment including higher densities, flexible building heights and design standards to ensure the
development of responsible, effective and aesthetically pleasing projects . Properties within the TSD, or
aggregations of properties within TSD, any part of which is located directly across a roadway from the
South Miami Metrorail Station property, are considered as within the Transit Oriented Area, which may be
eligible for incentives provided by statute, if any.
Zoning Amendment
The TSDD amendment includes in Section 20-8.4(C), the maximum residential density limits for the TSDD
zoning district. The section reads as:
“Density. The number of residential units are limited to as many units as can be constructed within
the building form and height requirements of Section 20-8.8 with parking as required by Section
20-8.6, and all other applicable code requirements, such that the residential density is at or less
than the requirements of the following table below.”
Residential Density TSNA TSDA TODA
Maximum Residential Density 100 DU/acre 150 DU/acre 150 DU/acre
Maximum for a development that has been
awarded development bonus floors in accordance
with Section 20-8.8
not applicable 200 DU/acre 200 DU/acre
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 18
PERMITTED USES
Commercial real estate markets are more rapidly evolving than ever before to responding to: the realities
of consumer shifts toward on-line purchases, more highly brand sensitive lifestyles retail, changes in the
way office space is used, and to the new demands of made-in-place economies. It is ever more important
to assure flexibility of uses and occupations for future redevelopment. A “retail apocalypse”, long heralded
by direct-to-consumer retailing has been accelerated by the pandemic. The lifestyles retail sector is also
saturating and facing intense competition and short business cycles. The resurgence of made-in-place,
makers economy requires well-regulated spaces that can be accommodated in a mixed-use environment
alongside sales-only retail, professional services, offices and other commercial.
The Transit Supportive Development District permitted and special uses section is proposed to support
new commercial and mixed-use markets and to accommodate those needs with greater latitude and
administrative determinations. The overall goals are a healthy and vibrant downtown that is characterized
by high occupancy rates, strong demand, and multiple and varied points of interest to attract local and
regional trade area pedestrian traffic.
As an alternative to specific, enumerated non-residential uses that are not fully inclusive of current needs
and include many outdated uses, group classifications of permitted and conditional uses are proposed.
(A) General Retail & Personal Services : Establishments that provide goods and services geared
toward consumers. Retail uses in this category shall conduct all sales within the establishment.
(B) Food and Beverage Establishments : Uses in this group shall include full -service restaurants, fast
food restaurants, bars and pubs . Outdoor dining areas are permitted as an accessory use,
pursuant to City requirements.
(C) Entertainment: Uses in this group shall include entertainment uses to satisfy the needs of
adjacent neighborhoods and the region. All entertainment uses shall be completely enclosed.
Ambient sound levels outside the building shall not exceed the requirements of the City.
(D) Professional Offices: Facilities used primarily for the business of professionals with only limited
transactions occurring on-site. Medical services on an outpatient basis and medical research are
included in this category; however, parking is differentiated for medical offices. Mental health,
psychological and rehabilitation therapy are considered medical offices.
(E) Civic Uses: Uses that are accessible to the public and serves the religious, recreational,
educational, cultural or governmental needs of the community.
(F) Educational: Facilities that serve the educational needs of the adult population and other post-
secondary educational activities.
(G) Public Schools and Places of Assembly: Places of assembly, places of worship, day nurseries,
kindergarten and after-school care licensed by the State of Florida Department of Health and
Rehabilitative Services, high schools, middle schools and elementary schools. Parking is
differentiated among these uses.
(H) Limited Automotive Business: Sales of collector and specialty vehicles, where display, sales,
and limited floor inventory are entirely within enclosed buildings and do not include
service or restoration work.
(I) Warehousing and Storage: Self-storage and warehousing is not permitted except as ancillary for
residential and commercial tenants
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 19
(J) Artisanal Commerce: Artisan manufacture and sales are businesses using light machinery
and hand tools that is consumer-facing and sells part or all of its production through the
on-premises storefront.
(K) Hotel: Temporary lodging for visitors and includes hotels, condominium hotels, timeshares and
managed lock-outs. It is a commercial category.
(L) Residential: Multi-family dwelling units are permitted tin the Transit Supportive Development
District. Accessory Dwelling Units are not permitted in the TSDD, except as part of townhouse
units in the TSNA. Two-family duplexes, and single-family residences are incompatible with the
scale and intensity of the TSDD and not permitted in the TSDD.
(M) Live / Work Units (LWU): LWU are a space within a mixed-use building that is used jointly
for commercial and residential purposes.
TSNA TSDA TODA
General Retail and Professional Services not permitted permitted permitted
Food and Beverage Establishments not permitted permitted permitted
Entertainment not permitted permitted permitted
Professional Offices not permitted permitted permitted
Civic Uses not permitted permitted permitted
Educational not permitted permitted permitted
Public Schools and Places of Assembly not permitted permitted permitted
Limited Automotive Business not permitted not permitted permitted
Warehousing and Storage ancillary only ancillary only ancillary only
Artisan Occupation not permitted permitted permitted
Hotel not permitted permitted permitted
Residential permitted permitted permitted
Live / Work Units permitted permitted permitted
Live / Work Units
Live / Work Units (LWU) are proposed to be permitted throughout the Transit Supportive Development
district and all three subdistricts. LWU go beyond home offices to foster incubator and viable workspaces
for the upstairs resident with front doors to the workspace on the street, and separated living spaces above
or in back. LWU provide a bricks and mortar space for pedestrian-scaled commerce that may not be viable
in a leased commercial space and provide a space to allow for telecommuters that can enhance their
business with a small street presence.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 20
In addition to supporting a sustainable local
economy with small businesses that are
locally owned, these spaces create market-
based cross subsidy by the owner that
simultaneously can provide affordable
housing with affordable commercial
incubator space.
An LWU is purpose-built or purpose-
renovated space that combines a
commercial use and living space, for
proprietorship and operation of the
business by the resident as an ongoing
enterprise. The workspace is suitable for
running a business that is a permitted use
or a lawfully approved special use.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 21
PARKING
The commercial zoning amendments are intended to encourage redevelopment, and in the process build
compact, pedestrian-oriented areas, and discourage underutilized parking areas that perforated the intent
to create a pedestrian-oriented downtown that encourages transit use within the walkshed of the South
Miami Metro Rail Station.
The existing general parking requirements of the City codes are based on providing for the needs of
suburban, automobile-oriented mobility, and in general tend to over-park many land uses and building
occupation. The existing parking requirements do not include allowances for the expectation of shared
use parking by complementary uses located in a compact walkable area. Providing parking at a suburban
level, countervails the redevelopment vision by:
▪ Increasing traffic for local circulation among uses within the City, thereby reducing safety and
comfort for pedestrians, bicyclists, and micro-mobility users such as e-scooters;
▪ Increasing redevelopment cost;
▪ Adding additional driveways that interrupt safe pedestrian flow along sidewalks;
▪ Creation of parking fields in front of uses that must then be setback from the sidewalk and remove
the continuous paths and points of interest that foster pedestrian use;
▪ Creation of unsightly parking areas along the street that counter the effect of landscaped public
realm spaces and regulated building facades to enhance pedestrian comfort;
▪ Increasing heat-island effects with increased needs for surface parking asphalt absorbing heat
whether it is needed or not;
▪ Decreasing security with large empty spaces at night and distancing the benefits of eyes on the
street and eyes on the building frontages.
To unify the requirements of the zoning code to support the pedestrianism of the mixed-use district, to
reduce wasted open space for parking supply, prepare for a future less dependent on automobiles and to
incentivize sustainable development by reducing the amount of parking required, the amount of parking
required has been reevaluated.
The proposed number of parking spaces required for new development shall be calculated based on the
parking ratios given in the table below. The parking requirements are based on the Institute of
Transportation Engineers (ITE) Parking Generation Manual 5th Edition with reduction for shared use (20%)
unless the rate is derived from an urban center context given in the ITE recommendation, and reduction
for proximity to transit (20%). Reduction for proximity to transit is based on the TSDD being within the
walkshed of Metro Rail.
In addition to revised parking rates, bicycle storage / parking requirements have been retained and revised
for residential and mixed use. Bicycle parking and storage as a height bonus has been deleted and all
bicycle parking and storage is required.
Motorcycle, scooter and other two-wheeled parking are now included as spaces that can be counted for
up to 5% toward the number of spaces requirement. This addresses trends in the Maimi area toward
greater use of scooters and also allow the use of substandard spaces in garages near structures and in
corners, thereby increasing parking space efficiency.
The revised parking requirements are provided in the table below along with the current number of spaces
requirement. Parking requirements may still be met by payments to the City for parking-in-lieu.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 22
PROPOSED PARKING REQUIREMENTS COMPARISON TO CURRENT PARKING REQUIREMENTS
PERMITTED USE CATEGORY EXISTING TSNA TSDA & TODA
General Retail and Personal Services Category 1 space / 300 gsf not applicable 1 space / 450 gsf
Food and Beverage Establishments 1 space / 100 gsf not applicable 1 space / 250 gsf
Entertainment 1 space / 4 seats not applicable 1 space / 300 gsf
Professional Offices 1 space / 250 gsf not applicable 1 space / 750 gsf
Medical Offices 1 space / 200 gsf not applicable 1 space / 600 gsf
Civic 1 space / 300 gsf not applicable 1 space / 525 gsf
Educational, Colleges 1 space / 400 gsf not applicable 1 space / 350 gsf
Educational, High Schools 1 space / 400 gsf not applicable 1 space / 5 students
Educational, Middle Schools 1 space / 300 gsf not applicable 1 space / 14 students
Educational, Elementary Schools 1 space / 300 gsf not applicable 1 space / 10 students
Artisanal Occupational Spaces not applicable not applicable 1 space /2,000 gsf
Hotel 1 space / room not applicable 1 space /2 rooms
Multi-Family Residential, Studio Unit 0.75 space per unit 0.75 space per unit 0.75 spaces per unit
Multi-Family Residential, 1 Bedroom 0.75 spaces per unit 1 space per unit 0.75 spaces per unit
Multi-Family Residential, 2 Bedrooms 0.75 spaces per unit 1½ spaces per unit 1 space per unit
Multi-Family Residential, 3 or more Bedrooms 1 space per unit 2 spaces per unit 1 space per unit
Townhouse 2 spaces per unit 2 spaces per unit not applicable
Live-Work Units 2 paces per unit +
commercial part 2 spaces 2 spaces
Residential Nursing Home ½ space per unit not applicable ½ space per unit
Community Residence ½ space per bed ½ space per bed ½ space per bed
Loading and delivery space standards have been written for the urban mixed-use environment and include
on-street space requirements for parcel deliver, taxi and car-share pick-up / drop off, and for prepared
food deliveries. The requirements also provide for consolidated delivery spaces for large-scale mixed-use
project.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 23
DEVELOPMENT BONUSES
Development bonuses are an important part of the
ability of the zoning code to incentivize
redevelopment that delivers important public
benefits. The important characteristics for providing
useful and meaningful bonuses as incentives are to:
▪ Provide bonuses in exchange for permanent
characteristics that are a public benefit;
▪ Provide reasoned economic parity between the
benefit sought and the development bonus;
▪ Provide a bonus that does not incur a financial
cost to the City;
▪ Provide benefits that can also provide long-term
benefits to the developer and owner;
▪ Provide a menu of possible benefits that a developer can provide for development bonuses to allow
for differences among settings and costs where bonuses are applied;
▪ Limit the cumulative effect of development bonuses overall;
▪ Limit bonuses away from sensitive areas where additional benefit would be to the detriment of
existing neighborhoods or preservation areas.
Improvements: All height increases above the “base” permitted heights of development in the “Transit
Oriented Development Area (TODA) subdistrict and the Transit Supportive Development Area (TSDA)
subdistricts. The bonus program is not applicable in the Transit Supportive Neighborhood Areas (TSNA).
Bonus Process: All bonuses are to be determined by the City Commission at a public hearing through the
Large-Scale Development Special Exception process, and decisions are to be based on the criteria.
Bonus Program Types: Bonuses can be either on-site improvements or off-site improvements which are of
a pay-in-lieu type. The available menu of bonuses is summarized in the table below.
Pay-In-Lieu Bonus Program: In lieu of providing the in-kind public benefits to be eligible for approval of
bonus floors, an owner may make a contribution of payment in lieu to the City of South Miami Public
Benefit Trust Fund as follows:
(1) The basis of all bonus payment-in-lieu amounts is the awarded gross bonus floor area; therefore, for
additional bonus floors that are above the base height limit, the bonus payment-in-lieu will be equal
to the sum for all bonus floor gross floor area of each bonus story times the amount per square foot.
(2) The contribution amount to the City of South Miami Public Benefit Trust Fund shall be $30.00 per
square foot of bonus floor area until December 31, 2026 and increased to $50 per square foot after
then, with such payment to be made within 90 days of the bonus approval at City Commission and
deposited in the City’s Public Benefit Trust Fund to be established.
(3) In the event that in-kind benefits are committed to at the development approval stage, but are later
withdrawn and not incorporated into the development project at time of building permit, the
developer shall pay a 37.5% penalty over and above the regular bonus contribution rate, with the total
contribution due at building permit.
Bonus Floor Mass Illustration
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 24
(4) The contribution rate shall be re-evaluated before January 1, 2028, and for each year after on January
1. The re-evaluated rate shall be recommended by the City Manager, and approved by the City
Commission, with each year’s rate based on the average ground cost per unit of bonus development
for approved developments in the TSDD for the two years that are contemporaneously prior. The City
shall re-evaluate the public benefit bonus contribution amounts and recalibrate the rates to achieve
the objectives of increased density in the Transit Supportive Development District and achieve the
public benefit objectives. In the event that the Commission has not reevaluated the rate on or before
January 1, 2028, or on any January 1 thereafter, the then-existing contribution rate shall automatically
be increased by $1.50 on each such date.
(5) The Commission of the City of South Miami may waive contributions to the City of South Miami Public
Benefits Trust Fund for development that is sited on land that is owned by the City of South Miami at
the time of application, if such waiver is determined to be in the public interest.
Bonus Bonus Requirement Bonus Floor Area
Maximum
Application
Number of
Bonus
Stories
Public Benefits
Bonus Payment In
Lieu
Public
Open Space
Sec. 20-8.8(H)
For every 100 square feet of open
space provided as established by
Section 20-9 (B), that exceeds the
required open space criteria in
Section 20-9 (B), with additional
open space meeting all criteria in
Section 20-9 (B)
2,400 square feet of
additional floor area on bonus
floors
2 stories
Payment to the City of
South Miami Public
Benefit Trust Fund in
accordance with
Section 20-8.8(L)
Affordable
Housing
Bonus
Sec. 20-8.8(I)
For every 100 square feet of
affordable housing units in
aggregate
300 square feet of market-
rate housing in aggregate 2 stories
Payment to in the City
of South Miami Public
Benefit Trust Fund in
accordance with
Section 20-8.8(L)
Workforce
Housing
Bonus
Sec. 20-8.8(J)
For every 100 square feet of
workforce housing units in
aggregate
200 square feet of market-
rate housing in aggregate 2 stories
Payment to the City of
South Miami Public
Benefit Trust Fund in
accordance with
Section 20-8.8(L)
Sustainability
Sec. 20-8.8(K)
LEED Gold: For every 800 square
feet of floor area that achieves
certification to a minimum LEED
Gold or equivalent certification
100 square feet of additional
floor area on bonus floors 1 story
Payment to the City of
South Miami Public
Benefit Trust Fund in
accordance with
Section 20-8.8(L)
LEED Platinum: For every 400
square feet of floor area that
achieves certification to a
minimum LEED Platinum or
equivalent certification
100 square feet of additional
floor area on bonus floors 2 stories
Payment to the City of
South Miami Public
Benefit Trust Fund in
accordance with
Section 20-8.8(L)
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 25
REGULATING PLAN, STREET HIERARCHY
The Street Hierarchy Plan supports the City’s vision for a highly connected, multi-modal, pedestrian, and
bike-friendly network of streets to support a mixed-use, transit-supportive downtown.
(1) The street hierarchy plan identifies the function and classification of each street within the TSDD, and
the standards for existing streets concerning dimensions for determining dedication, construction,
and redevelopment by the City of South Miami and property owners.
(2) Sidewalk requirements supersede the sidewalk width requirement of Section 17-19.
(3) Redevelopment of existing rights-of-way to the center-line shall be the responsibility of the individual
property owners for the portion of the right-of-way on all sides of development that is considered
street frontage, and shall be in accordance with the City of South Miami TSDD Streetscape Plan to be
established.
(4) Wherever the existing right-of-way does not accommodate the location of the build-to-line at the
edge or outside of the public right-of-way, a dedication amounting to the minimum required to
achieve this criterion shall be made by the owner prior to the City’s issuance of a building permit.
(5) The Street Hierarchy Plan is established by the map exhibit in this section and by the list provided
below that establishes the Primary Streets, Secondary Streets, Alleys and Paseo locations.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 26
(6) For each street type and right-of-way width, the cross-section criteria provided in the table
below shall be the street standards applied for all new development towards determining
build-to line location and to guiding streetscape improvement approvals.
TSDD Street, Streetscape and Build-To Criteria
Street Type Primary St.
Sunset West
Primary St.
Sunset East
Primary St.
SW 62 Ave
Primary
Street
Secondary
Street Alley
Right-of-Way
Cross-Section 100 ft. 80 ft. 70 ft. 50 ft. 50 ft. 22 ft.
Travel Lanes 2 by 11 ft.
2 by 14 ft. 2 by 11 ft. 2 by 11 ft. 2 by 11 ft. 2 by 11 ft. 2 by 11 ft.
Planted Median &
Turn Lane width 10 ft. 10 ft. 10 ft.
4 ft. plated
area with
street lights
none none
On-Street
Parking Lanes none 8 ft. wide
each side none none 8 ft. wide
each side none
Bike Lane sharrow
markings
sharrow
markings
6 ft. buffered
lane ea. side
6 ft.
protected
lane ea. side
none none
Total
Pavement width 60 ft. 48 ft. 44 ft. 38 ft. 38 ft. 22 ft.
Sidewalk Curb &
Landscape Zone
8 ft. wide
each side
6 ft. wide
each side
6 ft. wide
each side
4 ft. wide
each side
4 ft. wide
each side 0 ft.
Pedestrian
Through Zone
12 ft. wide
each side
10 ft. wide
each side
12 ft. wide
each side
7 ft. wide
each side
7 ft. wide
each side 0 ft.
Sidewalk Width
Total
20 ft. wide
each side
16 ft. wide
each side
18 ft. wide
each side
11 ft. wide
each side
11 ft. wide
each side 0 ft.
Street Section
Width Total 100 ft. 84 ft. 80 ft. 60 ft. 60 ft. 22 ft.
Build-To Line 0 ft. from
property line
41 ft from
roadway
centerline
5 ft.
setback from
property line
5 ft.
setback from
property line
5 ft.
setback from
property line
0 ft. from
property line
Abutting
Building Height
(below step-back)
not
applicable
4 stories
58 ft.
not
applicable
not
applicable
not
applicable
not
applicable
Abutting
Building Height
to Top
6 to 16
stories.
84 to 202 ft.
4 to 10
stories.
58 to 130 ft.
6 to 10
stories.
84 to 130 ft.
8 to 16
stories.
106 to 202 ft.
6 to 16
stories.
84 to 202 ft.
8 to 16
stories.
106 to 202 ft.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 27
REGULATING PLAN, OPEN SPACE
The intent of the Open Space Plan is to encourage landmark opportunities, including plazas, squares,
courtyards, pocket parks, and paseos as required, for public passage, assembly, and social activity in visible
and useful locations. It is the intent to integrate open spaces to create a sense of place and activate the
sidewalks and streets. The goal for TSDD Open Space Plan is to achieve ten percent (10%) of community
open space in the public realm throughout the district.
There are requirements for public open space and private open space, as defined below:
I. Public Open Space: public open space is to be located at ground level, at the outside of a building,
directly adjacent to a street, at the same general elevation of the street.
II. Private Open Space: a private open space is located interior to a development site and may also be
accessible open space on a podium, or at a terrace level above the street. Private open space is for
the common use of the residents, visitors, or other inhabitants of a building, and may be restricted
to residency, tenancy or patronage of a business within the development.
Types of public open space include:
a. Plaza: a public open space that is used for pedestrian circulation and as a gathering space, and is
lined with active uses in the buildings fronting the plaza. A plaza is primarily hardscaped to support
market, civic or entertainment activity. A plaza is on the same building site to which it is used as
open space.
b. Square: a public open space that is used for pedestrian circulation and as a gathering space, is
similar to a plaza; however, a square may be separated by a vehicular right-of-way on one or more
sides from the site to which it used as open space.
c. Pocket Park: is a small open space that is used as a passive activity gathering space. It does not
have a circulation function to the building to which it is used as an open space.
d. Linear Open Space: an area that runs alongside the property boundary with the public right-of-
way to enhance the pedestrian experience and use of the right-of-way and open space in a
manner that both function together. When fronting commercial establishments that serve food
or beverages, linear open space may be used for consumption of food and beverages in a manner
that enhances the public right-of-way streetscape and does not reduce or otherwise impede
pedestrian passage along the adjacent sidewalk. Linear open space may not be organized as a
hedgerow or grass area parallel to the edge of the building and shall be organized with seating
areas, fountains, art, or other points of interest.
e. Paseo: is a linear open space that is used primarily for circulation through a block. It may include
passive gathering space along its sides, and may serve small retail uses along its sides.
Open requirements are for unified development site over 20,000 square feet, and increase for Large Scale
Developments on sites of more than 40,000 square feet. The open space requirements can be a difficult
to achieve space on smaller properties, and are therefore not required for development sites that are less
than 20,000 square feet of unified lot area.
The open space requirements below shall supersede the requirements of Section 20-4.5. All other
requirements of Section 20-4.5 shall apply.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 28
Open Space Requirement
Administrative Approval
Development Site:
20,000 to 40,000 sq. ft.
Large Scale Development
Special Exception:
more than 40,000 sq. ft.
unified development site
or more than 4 stories
Public Open Space
Type: Courtyard, Pocket Park, or
Linear Open Space
Plaza, Square, Paseo. or
Linear Open Space
Area without bonus award (minimum) 5% of lot area 10% of lot area
Frontage, minimum on right-of-way line(s) 20 feet 40 feet
Depth, min. perpendicular to property line 15 feet 15 feet
Elevation Not more than 3 feet above
sidewalk grade
Not more than 3 feet above
sidewalk grade
Landscaping:
permeable surface in-ground or in
permanent planters
Maximum of 60% and
minimum of 30% of
required open space.
Shade tree canopy shall be
counted as permeable
landscape open space at
700 sq. ft. per tree.
Maximum of 60% and
minimum of 30% of
required open space
Shade tree canopy shall be
counted as permeable
landscape open space at
700 sq. ft. per tree.
Number of Trees
1 per 1,500 sq. ft.
of open space
Minimum 80% shade trees
Remainder may be
substituted at 2 palms per
shade tree.
1 per 1,500 sq. ft.
of open space
Minimum 80% shade trees.
Remainder may be
substituted at 2 palms per
shade tree.
Shade Tree Specifications
Minimum 35% native trees
15-foot spread at maturity
20- foot height at maturity
Non-Native Trees:
10-foot high at planting
2-inch caliper at planting
Native Trees:
8-foot high at planting
4-inch caliper at planting
Minimum 35% native trees
15-foot spread at maturity
20- foot height at maturity
Non-Native Trees:
10-foot high at planting
2-inch caliper at planting
Native Trees:
8-foot high at planting
4-inch caliper at planting
Palm Tree Specifications
Minimum 35% native trees
15-foot spread at maturity
14-foot high at planting
2-inch caliper at planting
Minimum 35% native trees
15-foot spread at maturity
14-foot high at planting
2-inch caliper at planting
Pedestrian seating – minimum required 4 persons per 1,000 square
feet
4 persons per 1,000 square
feet, 50% to be protected
from weather
Paseos:
Paseo minimum width 20 feet total 30 feet total
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 29
Open Space Requirement
Administrative Approval
Development Site:
20,000 to 40,000 sq. ft.
Large Scale Development
Special Exception:
more than 40,000 sq. ft.
unified development site
or more than 4 stories
10 ft. clear pedestrian
through zone
15 ft. clear pedestrian path
through zone
Private Open Space:
Private Open Space Types:
Balconies, terraces,
community gardens,
amenity recreation decks,
landscaped roof gardens
Balconies, terraces,
community gardens,
amenity recreation decks,
landscaped roof gardens
Private Open Space Area Minimum 50 sq. ft. per
residential unit
Minimum 50 sq. ft. per
residential unit
Landscaping: permeable surface in-ground
or planters
Minimum 20% of required
open space
Minimum 20% of required
open space
Trees: shade tree in-ground or planters
Not required on roof gardens and terraces
1 per 1,000 sq. ft.
of private open space
located at ground level
1 per 1,000 sq. ft.
of private open space
located at ground level
The tree requirements allow flexibility to balance the importance of shade trees that provide important
pedestrian comfort, reduce heat island effect, and provide water retention and transpiration, with the
need for retail visibility in key locations. The balance for open space is at 80% shade trees and with the
ability to meet 20% of the requirement with palm trees at a 2 to 1 ratio. This provides for site designs that
provide improved commercial visibility at building, restaurant and retail entrances.
The requirement for native trees has been provided as required in other sections of the City’s landscape
requirements.
Tree requirements have been excepted for roof gardens and terraces. While the City encourages green
roofs on all new construction, the requirement for trees on roofs or the tops of other structures may cause
increased building structural costs, other engineering liabilities, and possible conflicts with rooftop solar
array location. There are two general types of green roofs: 1) intensive roofs, which are thicker, with a
minimum depth of 13 cm (about 5 inches) and can support a wider variety of plants but are heavier, require
heavier roof structure, and need more maintenance; and 2) extensive roofs, which are shallow, with
depths from 2 cm (about ¾-inch) ,are lighter than intensive green roofs, do not generally require heavier
roof structure, and require minimal maintenance. The City encourages both types; and the choice is left
for individual development reviews. Extensive roofs have most of the environmental and private open
space benefits of green roofs, but do not require heavier load-bearing structure and do not create
potential drainage problems. Xeriscape landscape on green roofs should also be encouraged.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 30
REGULATION PLAN, BUILDING HEIGHTS
The Building Height Plan is established to create appropriate transitions in building mass, density and
intensity. There are two components that regulate building height. The section includes a table that
regulates base height according to the subdistrict. The subdistricts, particularly the TODA with the existing
TSDD-MU-6, and the TSDA with the existing TSDD-MU-5 align on the zoning map. TSDD-MU-M and TSDD-
P become TSDA, and TSDD-PI (Library, City Hall, and the Police Station) becomes TODA. The base heights
assure that there is no diminution of exiting development rights. Bonuses are in addition to the base
heights, are determined by public hearing at City Commission and are not a right.
When bonuses are applied, there is a need to control height from the tallest in nearest proximity to the
South Miami Metrorail Station and then transition down logically and gradually toward the edges of the
TSDD to existing neighborhoods. The Building Heights Plan accomplishes this transition of height,
independently of other sub-district regulations.
The TODA and TSDA subdistricts are eligible for a menu of bonuses that a site developer may elect to
apply and be awarded. If, for example, the height plan allows for six floors greater than base height, then
then six bonuses may be applied and no more. If in another location the height plan allows for four stories
over the base height, then only four bonus floors may be requested and applied, even if the menu of
bonus provides more options.
Height regulations are expressed in stories, and overall building height. Overall building height is provided
to the top of roof, and to the top of all building features, allowing twenty feet for architectural screening
and active rooftop amenities.
Base heights by sub-district are summarized below.
TSNA TSDA TODA
Number of Stories:
Minimum Number of Stories 2 4 4
Maximum Number of Stories Without Bonuses 6 8 8
Maximum Building Height Without Bonuses:
Building Height as defined in Section 20.8-2 94 ft. 128 ft. 128 ft.
Building Height to the top of the roof slab 84 ft. 108 ft. 108 ft
Maximum Building Height for Stand-Alone Garages
Maximum number of parking decks above ground 2 5 5
Building Height to the top of highest parking deck or roof 24 ft. 52 ft. 52 ft.
Height to top of parapet or screening feature per Section
20-8.9(C)(8)
per Section
20-8.9(C)(8)
per Section
20-8.9(C)(8)
Floor Heights (measured as floor-to-floor):
First Floor Height Minimum 10 ft. 12 ft. 12 ft.
Second Story and Above Height Minimum 10 ft. 10 ft. 10 ft.
Mezzanines:
Maximum Percent of Floor Area Below Mezzanine 0% 33% 33%
Preservation of the Sunset Drive historic main street environment is also accomplished through the
Building Height Plan that requires that the first 30 feet horizontally from the build-to line along Sunset
Drive to rise two stories and 34 feet with active rooftops on the second floor encouraged.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 31
Transition to existing neighborhoods is also accomplished by the Building Height Plan that requires that
any TSDD property that is adjacent to a single-family neighborhood, will be limited to 4 stories and 50 feet
for the first 75 feet horizontally from the property line.
The Building Heights Plan that limits overall building height with bonuses is provided below is included in
the proposed code section.
Building Height Plan
6 stories & 84 feet
10 stories & 132 ~ feet
14 stories & 180 !-7i feet
_ 16 stories & 204 ~ feet
~ Residential Buffer: 4 stories & 50 ft. high,
75 ft. back from property line
E::t Sunset Buffer: ~~tories & 2Q M-ft. high,
~g k. eask frem SblA5et ROw
t
"
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 32
REGULATION PLAN, BUILDING FORM
Building location on the site, massing, and form requirements are provided to inform high quality
pedestrian environment without being overly restrictive and allow designers to respond with a range of
eclectic designs. The building form regulations focus on: 1) the relationship of the building to the sidewalk;
2) horizontal frontage massing to keep the pattern of the pedestrian experience more varied, and 3)
vertical massing to address air, light, enclosure and visual perception on the street by pedestrians and to
maintain quality of the upper story residential environment. The regulations treat primary streets for more
pedestrian and commercial activity, whereas secondary streets are for pedestrian activity weighted more
to circulation.
The build-to line is established to bring building frontages to the sidewalk, and to provide adequate, safe
and comfortable sidewalks for a walkable retail environment where comfort includes the room for two
people walking in opposite directions to pass with comfortable personal space for pedestrians, and
window shoppers. Shade tree in grates spaced at 25-foot intervals may narrow the pedestrian through
zone but maintain areas for people to pass by each other. Areas between trees may be used for street
furniture, and bicycle amenities in conformance with City streetscape plans.
Frontage ratios along street front ground floors are measured along the build-to line and are to continue
vertically for the height of the ground floor. The percentage of unused first layer distance along street
fronts may be met by the design of recessed entryways and foyers to storefronts, offices, and residences,
and by small courtyards that may also count as open space. Storefront recess areas may accommodate
display windows that are angled to the street.
Frontage along street front upper floors is measured along the build-to line, and are to continue vertically
for the height of each floor on which they are located. The percentage of unused façade along the build-
to line may be met by the design of recessed terraces or may be met by balcony lines at the build-to lines
with the building wall recessed. Variety of façade lines is encouraged.
The regulations are established for frontages on primary streets and on secondary streets as summarized
in the table on the following page.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 33
Building Fronting Primary Street or Secondary Street: -> Primary Street Secondary Street
Development Mixed Use or Single
Use Building
Mixed Use or Single
Use Building
Lot Dimensions
Minimum Net Area (sq. ft.) 5,000 5,000
Minimum Frontage (ft.) 50 50
Build-To Lines and Setbacks for First (1st) through Fourth (4th) Stories
Front Façade 1st Build-to-Line (ft.) 0
refer Sec 20-8.9(D)(2)
0
refer Sec 20-8.9(D)(2)
Front façade minimum horizontal variation spacing (ft.) (max.) 70 70
Front Façade Second Layer (for vertical variation) (ft.) (min.) 5 5
Side Street Façade 1st Build-to Line (ft.) 0
refer Sec 20-8.9(D)(2)
0
refer Sec 20-8.9(D)(2)
Side Street Façade minimum vertical variation spacing (ft.)(max) 70 70
Side Street Façade second layer (for vertical variation) (ft.) (min) 5 5
Interior Side Setback (ft.) 0 0
Rear Setback (ft.) 0 0
Rear Setback from Public Alley (ft.) 0 0
Rear Setback from Dedicated Accessway (ft.) 0 0
Rear Accessway two-way width (depth of lot) (ft.) 22 22
Rear Landscape Buffer between Dedicated Accessway
and Abutting Single-Family Zone (ft.) not applicable 5
Building Frontage Along Street (see Sec.20-8.9(D)(5), (6) and (7)
Sunset Drive: Frontage at the Build-to Line for the Ground Floor 70% not applicable
Frontage at the Build-To Line for Ground Floor Story 70% 80%
Frontage at the Build-To Line for the Second through Sixth Stories 80% 85%
Frontage at the Build-To Line for the Seventh Story and Above 75% 80%
Minimum Distance Between Buildings at ground level (ft.) 0 0
Development Site Coverage
Maximum Building Lot Coverage (%) 80%
Maximum Single Floorplate above 4th story (gross square feet) 20,00 20,000
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 34
ARCHITECTURAL STANDARDS
Architectural standards complement the building massing, building height and open space regulations of the
Regulating Plan with requirements that address the visual interest and quality of the built environment, energy
efficiency of buildings, building surfaces, encroachment elements, and historic context along Sunset Drive. The
language of the architectural standards is regulatory, and balance enough regulations to assure quality of
design, and avoidance of over-regulation that may inhibit imaginative design solutions without an architectural
vernacular. Requirements are more qualitative and are intended to guide the City Commission for approval of
the Large-Scale Development Special Exception process, and to guide City staff through smaller development
with administrative approvals.
The architectural standards, under the Sustainable Buildings subsection, require all buildings on sites between
20,000 and 40,000 square feet to be constructed for certification by the U.S. Green Building Council (USGBC)
(green) for Leadership in Energy and Environmental Design (LEED) (40 – 49 points) or equivalent certification.
For buildings on site over 40,000 square feet in area, the project is to be constructed to a minimum Silver LEED
or equivalent certification for (50 to 59 points). In the TSDD, bonuses are provided for LEED Gold and Platinum
certifications. Townhouses are exempt from sustainability requirements.
The architectural standards regulate building glazing and transparency to provide high quality pedestrian
experience with points of interest, and to provide for high quality development on upper floors. The regulations
are to the horizontal dimension of glazing on building facades, and vary by street hierarchy. The table below
provides a summary.
Glazing and Transparency Minimum
Requirement First Floor 2nd through 4th
Floor
Above 4th
Floor
Sunset Drive 70% 40% 50%
Primary Street 70% 40% 50%
Secondary Street 50% 40% 40%
Paseo 50% 30% 30%
This section does not permit completely reflective (mirror) glazing in order to make a safe environment for
birds. Ultra clear and mirror glass present a serious hazard for birds. Energy efficient building code limits the
use of ultra clear glass, and this architectural code also limits the use of highly reflective glazing to provide a
measure of avian safety in recognition of the many bird habitats within and surrounding South Miami.
The architectural standards address building encroachments to regulate the location and extent of canopies on
the ground floor to improve the climate along sidewalks. The section also regulates the location and extension
of balconies on upper floors.
The last section of the architectural standards addresses the historic context of Sunset Drive and the buildings
that are in the Historic Overlay zone. The section provides for flexibility, and requires that new construction
along these blocks provide interpretive facades in design and materials to reproduce and reinforce the historic
elements of these buildings. The code does not require that these elements be preserved, but instead to be
replaced and reinterpreted to allow for larger new construction buildings that is safe and viable for the current
mixed-use market.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 35
WAIVERS
The TSDD zoning code provides a comprehensive set of regulatory requirements to foster redevelopment,
support transit and walkability, preserve the surrounding neighborhoods, permit and support high quality
development, and dissuade development that does not fit these goals. In meeting these goals with
requirements that still provide room for creativity, yet address a large area with different mixes of competing
needs, we recognize that there are instances where some standards and criteria may need to be waived for
small deviations.
The City’s zoning code currently has a variance process that requires the criteria of “hardship” to be met ,
which is a standard that is arduous to support without the presence of extreme circumstances. Because
of this, it is important for the TSDD zoning district to have an alternative deviation process for certain
criteria, where the full spirit of the code is still met. Section 20-8.13, “Waivers” has been added to provide
the waiver process and criteria for the TSDD zoning district only.
Specific minor deviations from the TSDD zoning code sections 20-8.9, Regulating Plan and 20-8.10,
Architectural Standards that are consistent with the principles and intent of the TSDD zoning district shall
be relieved by waivers. Waivers are intended to relieve practical difficulties in complying with the strict
requirements of this Code. Waivers are not intended to relieve specific cases of financial hardship, nor to
allow circumventing the intent of the TSDD. A waiver may not be granted if it conflicts with the City Code
or the Florida Building Code, is contrary to the public interest, or results solely from the actions of the
applicant. A waiver shall be granted only if the minor deviation is less than 10% of a quantifiably
regulated standard set forth in the Regulating Plan or Architectural Standards.
Waivers shall not be granted if the minor deviation: (1) allows a prohibited use, or one that is contrary
to the City of South Miami Comprehensive Plan; (2) establishes or expands a use that is otherwise
prohibited; (3) the effect of increasing density or intensity of a use beyond that permitted by the TSDD
district and its sub -districts; (4) is requested because of the presence of nonconformities in the zoning
district or uses in an adjoining zoning district; or (5) is requested because of prior variances or waive rs
granted.
The waiver application and approval processes are provided in Section 20 -8.13(C) and Section 20-
8.13(D) respectively.
The criteria for waiver approval are finding of a “practical difficulty.” The criteria that shall be used for
the finding of a practical difficulty shall balance the rights of property owners in the TSDD and adjacent
districts within the City and the need of the applicant based on an evaluation of the factors below :
a. whether a waiver would be compatible with development patterns in the TSDD;
b. whether the essential character of the TSDD will be preserved;
c. whether the waiver can be approved without causing substantial detriment to adjoining properties;
d. whether the waiver would do substantial justice to the property owner as well as to other property
owners justifying a relaxation of the TSDD requirements;
e. whether the plight of the applicant is due to unique circumstances of the property and/or applicant
which would render conformity with the strict requirements of this chapter unnecessarily
burdensome; and
f. whether the special conditions and circumstances that exist are the result of actions beyond the
control of the applicant
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 36
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 37
ZONING ORDINANCE AMENDMENT ANALYSIS CRITERIA
The following is the City of South Miami Planning Staff review of the text amendments to City of South
Miami Zoning Code. The City’s Land Development Regulations (LDR) do not include specific enumerated
criteria and standards for reviewing the zoning amendment. This professional planning staff review uses
generally accepted, professional and objective criteria that are consistent with State of Florida Growth
Management statutes and are similar to and based on Miami-Dade County criteria in which the City of
South Miami is located.
CRITERION 1: CONSISTENT WITH THE ADOPTED COMPREHENSIVE PLAN
This analysis responds to the zoning amendment changes to support redevelopment of the City’s transit
supportive, walkable downtown core, ensure an orderly pattern of compatible development, protect with
the City’s established single-family neighborhoods, respond to the need for housing and provide flexibility
for development to respond to changing social and economic trends.
Criterion: Whether the zoning amendment is consistent with the City’s adopted Comprehensive
Plan.
Analysis: The specific goals, objectives and policies of the City of South Miami adopted
Comprehensive Plan that are relevant to the proposed zoning amendment are listed
below (in italicized typeface), with an evaluation for each policy in black typeface. Each
policy is evaluated as:
• Supportive: the proposed amendment directly furthers the policy in a measurable
or otherwise material way
• Consistent: the proposed amendment does not further the policy as above and
does not countervail or reduce it.
• Not Consistent: the proposed amendment directly countervails the policy.
FLU OBJECTIVE 1.1 Future Land Use and Land Development Code Coordination
The City shall implement its Future Land Use Plan Map and land use categories through
its Land Development Code. Uses that are inconsistent with the community character as
set forth on the Future Land Use Map and land use categories shall be eliminated with
proper respect for the vested rights of property owners. Amortization shall not be used to
implement this objective.
Supportive: The proposed zoning amendments delete obsolete uses and modify the
intent, descriptions, and criteria of several future land use categories in Policy 1.1.1.
Vested rights have not been abrogated.
FLU Policy 1.1.2
The City shall periodically review and, as appropriate, revise its land development
regulations in order to: eliminate inconsistencies with the Comprehensive Plan and other
goals contained in City-adopted documents. Public input on the revisions shall be obtained
through a variety of sources and activities. Revisions should implement recommendations
contained in neighborhood or special area plans; ensure appropriate transitions between
different neighborhoods and uses; ensure appropriate height and site development
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 38
requirements; promote pedestrian friendly, mixed-use development and redevelopment;
buffer neighborhoods from the encroachment of incompatible uses; provide additional
standards regulating tear-downs and new construction, reconstruction or additions in
developed single family residential neighborhoods in order to ensure that such
development and redevelopment is compatible with the surrounding neighborhood;
provide for appropriate incentives and bonuses, and; evaluate the costs and benefits of
existing incentives and bonuses.
Supportive: The proposed amendments have been developed with public input, discussed
at a Commission workshop and presented at public hearing, and are developed to provide
a framework for future map changes that enhance an orderly pattern of compatible
development.
FLU Policy 1.1.3
In reviewing proposed amendments to this plan and the Zoning Map, compatibility
with adjacent uses shall be the major determinant.
Supportive: The proposed amendments ensure an appropriate transition to the
Sunset Drive Corridor and promote pedestrian-friendly, mixed-use development.
The map amendment creates a better opportunity for consistent design at the
west edge along Sunset Drive.
FLU Policy 1.1.4
There shall be no additional intrusion of retail or business uses into residential
areas designated on the Future Land Use Map. Business office land use zoning
regulations shall contain provisions to protect the quality of life in adjacent single-
family residential neighborhoods.
Supportive: The compact mixed-use development that the amendments provide
for, fosters a compact downtown that supports the goal of reducing encroachment
to residential neighborhoods at the edges of the downtown area.
FLU Policy 1.1.7
Discourage urban commercial sprawl by promoting growth in the core area surrounding
the Metrorail Transit Station by creating a district for new growth which is contained and
transit-oriented, thereby relieving the pressure for commercial rezonings outside of this
core area.
Supportive: The proposed amendments are developed to provide a framework for future
zoning map changes that enhance development of a walkable, mixed-use core around the
South Miami Metrorail Station, and enhance the transition into the existing residential
areas.
FLU Policy 1.2.2
The historic character of Sunset Drive, as evidenced by its designation as a historic
roadway both to the east and west of the City, should be continued within the City
of South Miami via State or Federal designation.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 39
Supportive: The TSDD amendments, including the changes to the zoning text,
provide for substantial decrease in height, intensity, and massing along Sunset
Drive to support the scale of the historic context along Sunset Drive.
FLU OBJECTIVE 1.3 Public Facilities
Assure adequate public facilities to serve new development.
FLU Policy 1.3.1
The development code shall include language that continues to require that the developers
shall provide drainage, sewer connections and other public facilities as feasible in
conformance with level-of-service standards and concurrent with the development.
Development permits shall be conditioned on the provision of such facilities.
Consistent: The amendments do not abrogate the provision of adequate infrastructure.
FLU Policy 1.3.3
The City of South Miami, through the Land Development Code will coordinate the land
uses and future land use changes with the availability of water supplies and water supply
facilities.
Consistent: The amendments do not abrogate existing requirements for the provision of
adequate water supply infrastructure.
FLU OBJECTIVE 1.4 Innovative zoning
Maintain and review a revised Land Development Code that includes innovative zoning
techniques relative to the transition between residential and non-residential districts.
FLU Policy 1.4.1
The City shall utilize volumetric studies and mixed land use zoning categories to achieve
creative development in the transition areas between commercial and residential land uses.
Supportive: The amendments have considered volumetric studies toward evaluating
compatibility.
FLU OBJECTIVE 1.6 Increase Community Resiliency
Increase Community resiliency through land use and built environment decisions.
FLU Policy 1.6.1
The City of South Miami shall encourage greener, more energy-efficient and
climate resilient construction practices by:
a) requiring that the construction or renovation of City-owned facilities meets
Florida Green Building Coalition, US Green Building Council Leadership in
Energy and Environmental Design (LEED), or other acceptable commercial
building standards;
b) encouraging commercial developers and builders to require that the
construction or renovation of commercial facilities meets Florida Green
Building Coalition, US Green Building Council Leadership in Energy and
Environmental Design (LEED), or other acceptable commercial building
standards;
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 40
c) encouraging and supporting personnel within the Planning and Zoning
Department, Building Department, and Public Works Department to obtain
and maintain LEED Green Associate certification;
d) re-evaluating finish floor elevation standards with respect to projected sea level
rise scenarios and flooding potential, and;
e) incorporating building design specifications that increase resistance to more
frequent and/or intense storm events.
Supportive: The TSDD amendments provide a bonus program that incentivizes the
construction of buildings to progressively higher LEED certifications, or their
equivalent.
FLU Policy 1.6.4
The City shall continue to review and evaluate the Land Development Code
according to sustainable community development practices, such as those outlined
in the criteria recommended by the United States Green Building Council’s
Leadership in Energy and Environmental Design for Neighborhood Development
(LEED-ND) certification, the Smart Growth Principals developed by Smart Growth
America, the case studies of the Urban Land Institute, or by application of a
national rating system for local governments, such as the STAR Community Index
TM (STAR) and make recommendations on feasible revisions for incorporating
increased sustainability.
Supportive: The TSDD amendments provide a bonus program that incentivizes the
construction of buildings to progressively higher LEED certifications, or their
equivalent
FLU Objective 1.8 Greenhouse gas reduction strategies
The City shall implement greenhouse gas reduction strategies.
FLU Policy 1.8.1
In accordance with Section 255.2575, F.S. the City will construct all future municipal
buildings to meet the United States Green Building Council (USGBC) Leadership in
Energy and Environmental Design (LEED) rating system, the Green Building
Initiative’s Green Globes rating system, the Florida Green Building Coalition
standards, or a nationally recognized, high-performance green building rating
system as approved by the Florida Department of Management Services.
Supportive: The TSDD amendments provide a bonus program that incentivizes the
construction of buildings to progressively higher LEED certifications, or their
equivalent.
FLU Policy 1.8.2
The City shall review and consider adopting Design Guideline provisions which
encourage the use of the United States Green Building Council (USGBC) Leadership
in Energy and Environmental Design (LEED) rating system, the Green Building
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 41
Initiative’s Green Globes rating system, the Florida Green Building Coalition
standards, or a nationally recognized, high-performance green building rating
system for both residential and commercial properties.
Supportive: The TSDD amendments provide a bonus program that incentivizes the
construction of buildings to progressively higher LEED certifications, or their
equivalent.
FLU Policy 1.8.3
Within two (2) years of adoption of this element, the City shall explore incentives
for use of green building standards in new development and redevelopment.
Supportive: The TSDD amendments provide a bonus program that incentivizes the
construction of buildings to progressively higher LEED certifications, or their
equivalent.
FLU Policy 1.8.5
The City shall continue to support transit ready commercial and multi-family
development along major transportation corridors and the Metrorail corridor.
Supportive: The TSDD amendments provide for pedestrian-enhanced, mixed-use
development with residential density that is commensurate with the transit
supportive area around the South Miami Metrorail Station.
FLU GOAL 2 HOMETOWN DISTRICT
To preserve and enhance the City's Hometown District (as identified in the City’s Land
Development Code) by continuing to foster its development and redevelopment as a vibrant,
walkable, mixed-use town center as envisioned in the Hometown plans, Community
Redevelopment Agency plans, and other plans that may be adopted by the City.
FLU Policy 2.1.3
By 2023, the City shall initiate an update to the Hometown District Master Plan.
Consistent: These amendments anticipate redesignation of the Hometown District to a
Transit Supportive District (TSDD) designation. Refer to the response to Goal 3.
FLU GOAL 3 Transit-Oriented Development District (TSDD)
Provide for increased intensity of mixed-use projects and flexible building heights in
designated Transit-Supportive Development Districts (TSDD), to the extent that
development and redevelopment in these districts does not adversely impact surrounding
primarily residential neighborhoods and uses.
Consistent: The Transit Supportive Development (TSDD) maintains full land development
regulatory control and will allow the Hometown district, existing Transit Supportive
District, and future map implementations of the TSDD to support increased use of the
South Miami Metrorail Station with greater density, more flexible mixed use-
development, while addressing mass and intensity transitions and protecting surrounding
low-density residential areas from adverse impacts, such as parking intrusion.
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 42
FLU Policy 3.1.2
The City shall maintain and, as appropriate, expand the Transit-Oriented Development
Districts delineated on the Future Land Use Plan Map. Development and redevelopment
in these districts shall occur in accordance with adopted development and redevelopment
plans and the land development regulations, and shall not adversely impact surrounding
neighborhoods and uses.
Consistent: Refer to the response to Goal 3.
FLU Policy 3.1.3
The City shall, by 2022, review the TODD area and amend the Comprehensive Plan and
zoning regulations to ensure they are designed to achieve the goals of the City, and
especially, those associated with affordable housing and parking regulations.
Consistent: Refer to the response to Goal 3.
Finding 1: The proposed TSDD comprehensive plan and zoning amendments are consistent with
Criterion 1.
CRITERION 2: CHANGE IN LAND DEVELOPMENT CONDITIONS
Criterion: Whether, and the extent to which, land use and development conditions have changed
since the effective date of the existing comprehensive plan, and whether the changes
support or work against the proposed amendment.
Analysis: Land development conditions have changed. Since 2019, with the catalyst of the COVID-
19 Pandemic, and the dramatic ensuing socio-economic changes of in-migration to South
Florida, working from home, and shopping from home, the land development market has
dramatically shifted to requiring more flexible and affordable workspaces that are closer
to home, and great demands for affordable, workforce and market rate housing in
compact mixed-use developments near high-capacity transit. Among the chief intents of
these amendments is to respond to the current projections for housing in transit-
supportive development areas. See analysis section entitled “Background & Need for the
Amendments.”
Finding 2: The proposed TSDD comprehensive plan and zoning amendments are consistent with
Criterion 2.
CRITERION 3: INCOMPATIBLE LAND USE
Criterion: Whether, and the extent to which, the proposal would result in any incompatible land
uses, considering the type and location of uses involved, the impact on adjacent or
neighboring properties, consistency with existing development, as well as compatibility
with existing and proposed land uses.
Analysis: The Transit Supportive Development (TSDD) text and map amendments are redefined to
maintain full land development regulatory control. The TSDD supports increased use of
the South Miami Metrorail Station with greater density, more flexible mixed use-
development, while addressing mass and intensity transitions and protecting surrounding
low-density residential areas from adverse impacts, such as parking intrusion. The text
and map in conjunction, strengthen appropriate transitions, increase affordable housing,
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 43
improve the economy of the City, and reduce peak traffic demand with viable workspaces,
retail, entertainment and other commerce integrated with residential development- in a
highly walkable area within the pedestrian walk-shed of the South Miami Metrorail
Station.
Finding 3: The proposed TSDD comprehensive plan and zoning amendments are consistent with
Criterion 3.
CRITERION 4: ADVERSE EFFECTS
Criterion: Whether, and the extent to which, the proposal would adversely affect the property
values in the affected area, or adversely affect the general welfare.
Analysis: The proposed amendments are expected to beneficially affect property values in areas
that are affected and their respective surrounding areas. The changes to the TSDD
comprehensive plan policy, zoning text, the FLUM and zoning map will provide the City
with more regulatory control to support an orderly development pattern that supports
transit and vehicular alternatives while protecting surrounding low-density residential
areas from adverse impacts. Mass studies and development analysis has been performed
on the proposed regulations, and there are no prima-facie diminutions of value on any
land within the existing TSDD land as compared to currently existing rights.
Finding 4: The proposed TSDD comprehensive plan and zoning amendments are consistent with
Criterion 4.
CRITERION 5: ORDERLY AND COMPATIBLE LAND USE PATTERN
Criterion: Whether the proposal would result in an orderly and compatible land use pattern. Any
positive and negative effects on such pattern shall be identified.
Analysis: The Transit Supportive Development (TSDD) Future Land Use designation text, zoning text
and map amendments are redefined to maintain full land development regulatory control
for existing and future map implementations of the TSDD zoning designation. The TSDD is
to support increased use of the South Miami Metrorail Station with carefully increased
density, more logically distributed density, and more flexible mixed use-development,
while addressing mass and intensity transitions and protecting surrounding low-density
residential areas from adverse impacts. The amendments to will promote development
that results in an improved orderly and compatible land use pattern over current
designations.
Finding 5: The proposed TSDD comprehensive plan and zoning amendments are consistent with
Criterion 5.
CRITERION 6: CONSISTENT WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT.
Criterion: Whether the proposed amendment meets the requirements of F.S. §163.3161, entitled
"The Local Government Comprehensive Planning and Land Development Regulation Act.”
TSDD Staff Report – City of South Miami Commission Second Reading 10 December 2024 44
Analysis: The proposed zoning amendment processes include required notice, public participation,
opportunity for intervention by affected parties, application of required criteria and
response with data and analysis to assure that the proposed amendment meets the spirit,
intent and law of Section 163.3161, Florida Statutes, entitled "The Local Government
Comprehensive Planning and Land Development Regulation Act” and § 163.3187 F.S,
entitled “Process for Adoption of Small-Scale Comprehensive Plan Amendment.”
Finding 6: The proposed TSDD comprehensive plan and zoning amendments are consistent with
Criterion 6.
CRITERION 7: INTERNAL CONSISTENCY WITH THE CITY’S LAND DEVELOPMENT REGULATIONS
Criterion: Whether the proposal is in conformance with all applicable requirements of the City’s
Land Development Regulations.
Analysis: This proposed Transit Supportive Development (TSDD) comprehensive plan and zoning
text amendments process includes required notice, public participation, opportunity for
intervention, application of required criteria with analysis and conclusions. The proposed
text amendments have no conflicts with other provisions contained in the City’s land
development regulations.
Finding 7: The proposed TSDD comprehensive plan and zoning amendments are consistent with
Criterion 7.
CRITERION 8: CONCURRENCY
Criterion: Whether, and the extent to which, the proposed amendment results in demands on
transportation systems, public facilities and services; would exceed the capacity of the
facilities and services, existing or programmed, including: transportation, water and
wastewater services, solid waste disposal, drainage, recreation, education, emergency
services, and similar necessary facilities and services.
Analysis: The proposed text amendments do not significantly alter requirements for public facilities
to serve the future development of specific properties. Together, the increase in TSDD
land area combined with the density cap that is introduced as an amendment to
Comprehensive Plan Policy 1.1.1, effectively redistribute the total number of potential
residential units through a larger TSDD on both sides of the South Maimi Metro Rail
Station. There is not a net increase in the number of residential units for the TSDD;
therefore, there is not an anticipated increase in the demand for water, wastewater, solid
waste, parks, or school infrastructure above that of the current adopted South Miami Land
Use Plan. With regard to transportation infrastructure, the entire City of South Miami is
within the County’s Transportation Concurrency Exception Area (TCEA). The analysis of
the number of net residential units is provided on page 13 of this report. While
concurrency requirements for the entire TSDD are not affected by these amendments,
each specific development approval will still require infrastructure analysis specific to the
site and proposed project. Further, as part of its Evaluation and Appraisal Report (EAR)
cycle, the City will be performing its EAR and subsequent amendments that may further
address infrastructure demand and capacity.
Finding 8: The proposed TSDD comprehensive plan and zoning amendments are consistent with
Criterion 8.
4A .............................................................................................MIAMI HERALD FRIDAY NOVEMBER 29 2024
places at the same time.
Delcy said Wednesday
that the two months and 14
days that Gauthier and the
others spent under arrest
shows that “Haiti is a coun-
try with a lot of injustice,
where the people who know
the law,studied the law,
decided to deliberately
violate the law and the
rights of four people in this
country.”
From the outset,the
police and the judiciary
could have simply verified
that the day Colo was killed
Gauthier “was in Antony
Blinken’s motorcade,with a
lot of other policemen,”
Delcy said.
He accused several offi-
cials,including the police
director,the police inspec-
tor general,the government
prosecutor and former
justice minister,of being
complicit in having Gauth-
ier arrested.Gauthier was
arrested after the U.S.Em-
bassy was alerted about the
blatant killing not far from
its premises.Embassy offi-
cials responded by telling
the Haitian police force to
do its job.
Instead,Delcy said au-
thorities arrested his client
in an attempt to frame him
for what investigators say
was a police operation.
They “held the commis-
sioner in prison on the
pretext that the U.S.Em-
bassy and the Department
of State gave orders to hold
the commissioner in pri-
son,”Delcy said,echoing
comments that were repeat-
edly heard from Haitian
officials when commenting
about the case.
Salomon,the investiga-
tive judge,gave his recom-
mendation to free Gauthier
and the others a week ago.
But Croix-des-Bouquets
prosecutor Carl Giovanni
Aubourg,who had the men
jailed,dragged the process
out,forcing a visit from a
human-rights defender
followed by several phone
calls.
“Today he is free and ...
is waiting to go back to
work to continue to protect
and serve the population
just how he has been doing
for more than 25 years,”
Delcy said of Gauthier,who
is among several cops who
had their homes taken over
by armed gangs.
This is not the first high-
profile case involving al-
leged extrajudicial police
killings.Last week,the
French medical charity
Médecins Sans Frontières,
also known as Doctors
Without Borders,suspend-
ed operations in the capital,
citing police threats and
attacks after an alleged
execution of two of its pa-
tients by police and a vigi-
lante group.Neither the
police nor the government
has made any public state-
ments about the allega-
tions.
The investigation into
Colo’s killing has raised
serious concerns about how
the police force,under new
command as it tries to fight
a new wave of gang vio-
lence,investigates and
treats its own officers and
carries out investigations.It
has also raised questions
about corruption in the
judiciary and a possible
police cover-up,with sup-
porters of Gauthier insisting
he was the target of person-
al vendettas.
“Justice has triumphed
over arbitrariness.The
arrest was badly done and
there was abuse,”said
Pierre Esperance,executive
director of the National
Human Rights Defense
Network in Port-au-Prince.
“These types of things
cannot continue.If the first
response is to arrest and
humiliate police officers,
especially those involved in
the fight against gangs ...,it
will discourage police offi-
cers.”
The case attracted the
attention of Tabarre resi-
dents,who protested
Gauthier’s arrest,and hu-
man-rights groups con-
cerned about abuse within
the Haiti National Police.
Marie Yolene Gilles,an
activist who follows police
issues closely,paid a visit to
the Canape-Vert prison,
where she met with Gauth-
ier and other jailed police
officers.Esperance,mean-
while,assigned one of his
staff to stay on top of
Gauthier’s case,including
tracking down the prose-
cutor on Tuesday and
Wednesday to sign court
documents after the release
was ordered.
If not for this assistance,
Esperance said,“Gauthier
and the others would still
be in prison.”
Gauthier’s release does
not end the case.However,
when an investigative judge
orders a prisoner released,
it often signals that the
judge will eventually decide
not to bring charges be-
cause the evidence gath-
ered during the judge’s
inquiry did not meet the
burden of proof.
Several sources told the
Herald that Colo,who was
known as Bouki,was the
subject of a year-long police
investigation due to his
involvement in drug traf-
ficking and his ties to Vitel-
’homme Innocent,the
powerful gang leader who is
the subject of a $2 million
FBI bounty.
Police investigators made
no mention of the alleged
connection in their 16-page
investigative report,which
was obtained by the Herald.
They say four armed,hood-
ed individuals,dressed in
black,shot Colo in the head
and injured a woman near-
by after jumping out of a
green Isuzu pick-up truck
bearing the inscription
“POLICE”in yellow.
The operation,they said,
was an extrajudicial police
killing,and claimed the
truck belonged to Gauthier.
Jacqueline Charles:
305-376-2616,
@jacquiecharles
FROM PAGE 1A
HAITI
JOSE A.IGLESIAS jiglesias@miamiherald.com,file
Livenston Gauthier,left,speaks to Roger Lamartinière,the
then-head of the Croix-des-Bouquets police station.
Gauthier was jailed for more than two months.‘Today he is
free and ...is waiting to go back to work to continue to
protect and serve the population just how he has been
doing for more than 25 years,’his lawyer said.
‘‘JUSTICE HAS TRIUMPHED OVER
ARBITRARINESS.THE ARREST WAS
BADLY DONE AND THERE WAS ABUSE.
P ierre Esperance,executive director of the National
Human Rights Defense Network in Port-au-Prince
contempt and go to jail?I
asked you a f---ing ques-
tion,a--hole,”Culver
said.The commission
found that Culver also
failed to allow Newton his
right to be heard.
The commission found
that in each case Culver
violated aspects of Flor-
ida’s judicial canon in-
cluding:He did not es-
tablish,maintain and en-
force the highest standards
of conduct;he did not
promote judicial confi-
dence in the integrity and
impartiality of the judi-
ciary;and he was not faith-
ful to the law,patient,
dignified and courteous.”
The Supreme Court
agreed he violated the
canons and that Culver’s
conduct toward Newton
was so unacceptable and
damaging to public opin-
ion that he could have
been a candidate for re-
moval from the bench.
However,the commission
said it had received “over-
whelming”mitigating
evidence.
Several figures from the
18th Circuit Court testified
to Culver’s character.They
included State Attorney
Phil Archer,Chief Judge
Charles Crawford,ex-Chief
Judge Jessica Recksiedler
and Seminole County chief
assistant public defender
James Dowdy.
Culver told the commis-
sion his behavior arose
from the stress of being his
ailing father’s primary
caregiver.He has been
seeing a psychologist since
April 2022 and has taken
an anger-management
course.
He has apologized to
other judges on the 18th
Circuit for his conduct
and any potential embar-
rassment to the judiciary
and told the commission
even he was shocked by
his profanity.He ac-
knowledged that mem-
bers of the public were
rightly appalled,accord-
ing to records from both
the commission and the
Supreme Court.
FROM PAGE 3A
JUDGE
2015 alleging it was trying
to coerce Florida into
expanding Medicaid.
The Tampa-based at-
torney is now Trump’s
pick to serve as U.S.at-
torney general after his
first choice,Matt Gaetz,
removed himself from
contention.
The repeal of the Affor-
dable Care Act or the end
of subsidies would likely
hit many Floridians hard,
Darius said.
The insurance plans
protect the state’s resi-
dents from medical debt
and the program’s infra-
structure,with federal
money paying for naviga-
tors who help residents
find the best plan,tries to
steer people away from
enrolling in overly expen-
sive plans that won’t
cover their needs.
“The argument we’ve
been hearing is how ex-
pensive everything is,”he
said.“The last thing we
want to do is pour gasoline
on that particular fire.”
An increase in the
state’s uninsured level
would further strain the
resources of hospitals in
Florida’s rural areas and
put their viability at risk,
Darius said.Those hospi-
tals already operate on
virtually no profit,in part,
because Florida remains
one of 10 states not to
expand access to Med-
icaid to more low-income
residents.
Three rural hospitals —
Shands Regional Medical
Center Live Oak,Shands
Regional Medical Center
Starke and Shands Lake
Shore Regional Medical
Center in Lake City —
have closed since 2020.
FROM PAGE 3A
HEALTH
111