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Ord No 02-25-2515ORDINANCE NO. 02-25-2515 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, COMPREHENSIVELY AMENDING THE CITY OF SOUTH MIAMI COMPREHENSIVE PLAN, SPECIFICALLY THE FUTURE LAND USE ELEMENT, TO PROVIDE FOR DEVELOPMENT OF AN ENHANCED TOWN CENTER AREA AND MAJOR CORRIDORS, WITH SURROUNDING DEVELOPMENT SUPPORTIVE OF THE TOWN CENTER, SPECIFICALLY BY AMENDING THE FUTURE LAND USE ELEMENT; PROVIDING FOR TRANSMITTAL; 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, Section 163.3167, Florida Statutes, requires the City of South Miami (the "City") to maintain a comprehensive plan to guide its future development and growth (the "Comprehensive Plan"); and WHEREAS, Section 163.3184(3), Florida Statutes, provides for an Expedited State Coordinated Review Process for Comprehensive Plan Amendments; 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, the Future Land Use Element also emphasizes sustainability initiatives, including green house reduction goals; and WHEREAS, at the same time, 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 Page I of4 Ord. No. 02-25-2515 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 bas lagged and the City has so far had challenges in leveraging its desirable location, proximity to mass transit, and centralized historic Town Center area, to foster sufficient new development; and WHEREAS, the City Commission finds that development in the transit supportive areas that includes the Town Center, and along major corridors and surrounding supportive development, as implemented by the Comprehensive Plan, lags far behind the urbanized centers of surrounding cities and population centers, leading to stagnation in tax base growth, and frustrating the aim of residents living, working, and enjoying a walkable, mixed-use town center area; and WHEREAS, to address this, and to foster appropriate development of the Town Center and transit-supportive areas, the City Commission commissioned a Planning Study to identify appropriate amendments to its Comprehensive Plan and Land Development Code; and WHEREAS, after having evaluated the Planning Study and considered the City's goals for development and enhancement of its transit supportive area including the Town Center, and along major corridors and surrounding supportive development, the City Commission further finds that amendments to its Comprehensive Plan that further encourage development, while continuing to protect lower density neighborhoods, are appropriate; and WHEREAS, the City Commission desires to amend its Comprehensive Plan in manner reflected in Exhibit "A" attached hereto (the "Amendment"); and WHEREAS, on May 14, 2024, the Planning Board, sitting as the City's local planning agency in accordance with Chapter 163, Florida Statutes, reviewed this Ordinance at a duly noticed public hearing, and voted 7 -0 to recommend approval ofthe Amendment to the City Commission; and WHEREAS, the City Commission held its first public hearing on the proposed Amendment on June 18, 2024, and, having complied with the notice requirements in Sections 163.3184 and 166.041 of the Florida Statutes, approved the Amendment on fust reading and authorized transmittal; and WHEREAS, following the first public hearing, the Amendment was transmitted to the appropriate reviewing agencies within ten (10) working days of its approval, as required by Section 163.3184, Florida Statutes, which reviewing agencies raised no objection to its adoption; and WHEREAS, pursuant to Section 163.3184(3)(c)l, Florida Statutes, the Commission is required to hold a second duly noticed public hearing within 180 days after receipt of agency comments to consider whether to adopt the proposed comprehensive plan amendments; and PageZof4 Ord. No. 02-25-25 I 5 WHEREAS, on October 1, 2024, the Commission conducted a second duly noticed public hearing on the Amendment, as required by law, and adopted Ordinance No. 23-24-2508, approving the Amendment; and WHEREAS, following the second public hearing, Section 163.3184(3)(c)2, Florida Statutes, requires that the adopted comprehensive plan amendments and supporting data and analysis be transmitted to the appropriate reviewing agencies within ten (10) working days after the final adoption hearing; and WHEREAS, the City did not timely transmit the adopted Amendment and consequently the Florida Department of Commerce will not deem the amendment in compliance with the Community Planning Act; and WHEREAS, the Ordinance cannot become effective until deemed in compliance with Section 163.3184, Florida Statutes; and WHEREAS, the City is still within the 180-day timefi'ame to hold the second public hearing and take final action on the Amendments; and WHEREAS, the Florida Department of Commerce has advised the City to readopt and timely transmit the Amendment, as required by law, to cure the procedural irregularity; and WHEREAS, the City desires to hold a new second reading and public hearing to consider and readopt the Ordinance; and WHEREAS, the City Commission further finds the proposed Amendment complies with state law, and is necessary, compatible, and in the best interest of the City and community. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Amending the City of South Miami Comprehensive Plan. The City Commission hereby adopts the Amendment to the Comprehensive Plan attached hereto as Exhibit "A." I Section 3. Transmittal. The City Manager is hereby authorized and directed to transmit the Amendment to the the state land planning agency and all commenting agencies within ten (10) working days after adoption, as required by Section 163.3184, Florida Statutes. Section 4. Corrections. Confonning language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final Ordinance for signature. I Coding: SlAkethfe. wallis are deletions to the existing words. Underlined words are additions to the existing words. Changes made after the Planning Board hearing are indicated with dSHliis S&lIillsthrsHgh and double undedine. Pagelof4 Ord. No. 02-25 -25 15 Section S. Severability. [I' any section , cl a use, sentence, or phrasc o f thi s Ordinance is for any reason h e ld invalid or uncon s titutiona l by a co urt of co mp e tent jurisdiction, the holding s hall not affe ct th e validity orthe re maining p ortion s o r thi s Ordinance. Section 6. Conflicts. That a ll ordi nances or parts o f o rdin ances, re so lution s o r parts of resolution s, in co nfli ct he rewith , arc repeal ed to Ih e ex tent of s uc h confli c t. Section 7. Implementation. Th e C it y Manager is he reby authorized to take a ny a nd all necessa ry act ion to implement the purpos e s of thi s Ordina nce. Section 8. Effective Date. Thi s Ord in a nc e s ha ll become effecti ve thirty-one (3 1) days after rece ipt of a notic e of comp[etencss from th e s ta te land pl a nnin g agenc y, as set forth in Section 163.3 [84(3)(c )4., Florida Statutes , unl ess a pe tition to c ha ll cnge th e Co mprehens ive Plan amendment is filed with the Divi s ion of Admin is trati ve He a rin gs purs uant to Section 163 .3 [84(5), Florida Statutes, in w hi ch in s tan ce the Ordinance s ha ll become effective up o n iss uanc e of a final order finding the Comprehensive Pl an am e ndment(s) in co mpli a nce. PASSED o n first readin g on th e 18 'h day of Jun e, 2024. PASSED AND ADOPTED o n second re ad in g o n th e 2[" day of Ja nuarv , 2025. ATTEST: READ AND APPROVED AS TO FORM , LANGUAGE, LEGALITY AND EXECUTION THEREOF APPROVED: - ) -----G OR----.. ----., COM MIS S ION VOTE: Mayor Jav ier Fermind ez: Vi ce Mayor B ri an Corey : Co mmis s io ner Steve Ca ll e : Co mmi ss ion e r Lisa Boni c h : Co mmi ss io ner Dann y Rodriguez : Page 4 01'4 4-0 Yea Yea Yea Absent Yea South Miami Comprehensive Plan Text Amendments rev September 25, 2024 page 1 EXHIBIT A SOUTH MIAMI COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT TEXT1 FLU GOAL 1 Maintain and Improve City’s Neighborhoods To maintain and improve the City’s neighborhoods, and the quality of life of existing and future residents. 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. FLU Policy 1.1.1. Future Land Use Categories This section contains language which explains the intent of the future land use map. Zoning regulations which permit uses that are specifically permitted by this section and that also permit uses that are less intensive than those permitted by this section shall may be deemed to be consistent with the comprehensive plan. All existing zoning districts that are depicted on the City’s adopted zoning map are deemed to be consistent with the City’s adopted comprehensive plan. Less intensive for this Land Use Element shall mean a use of land that has lower impact on infrastructure or lower capacity for peak occupancy;and shall be measured by: (1) residential density (dwelling units per acre of lot area) for residential uses, (2) floor-lot ratio (habitable, air- conditioned floor area on all floors divided by the lot area) for non-residential uses, and (3) building height with building façade width for mixed-use structures. Zoning regulations that are more restrictive in residential density, non-residential intensity, height and other building dimensional criteria than the provisions of this section shall may also be consistent with the comprehensive plan. Nothing in this plan is intended, or has the effect of, limiting or modifying the right of any person to complete any planned development which has been issued a final planned development order which is in full force and effect and where development has commenced and is continuing in good faith, provided that all regulations and conditions as imposed by the City are met. Any legally granted variances to a development code regulation which implements this plan shall be deemed to be a legally granted variance to this plan and as such shall be deemed to be consistent with this plan. This variance provision shall apply to all elements and sections of this plan. Vested Rights: Nothing contained herein shall be construed as affecting validly existing vested rights. It shall be the duty and the responsibility of the applicant alleging vested rights to affirmatively demonstrate the legal requisites of vested rights. Vested rights shall require a demonstration to the Mayor and City Commission of the City of South Miami that the applicant (1) has relied in good faith, (2) upon some act or omission of the government, and (3) has made 1 Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words. Changes made after the Planning Board hearing are indicated with an underlined strikethrough or double underline. Changes made prior to second reading are indicated with double strikethrough and double underlined and highlighted in grey. 19 South Miami Comprehensive Plan Text Amendments rev September 25, 2024 page 2 such a substantial change in position or incurred such extensive obligations and expenses to the applicant’s detriment as to create an undue hardship. The mere existence of zoning contrary to the South Miami Comprehensive Plan shall not be determined to vest rights. Development actions where all required approvals have been received, or orders and permits that preceded the official adoption of this Comprehensive Plan shall remain in full force and effect but subject to all applicable zoning laws and regulations of the City. The land development regulations to be adopted shall provide for specific standards to carry out these concerns. Future Land Use Categories. The following land uses are included on the City’s Future Land Use Map. The City’s Land Development Code (LDC), which permits uses that are specifically permitted by this section and that also permits uses that are less intensive than those permitted by this section, may be deemed to be consistent with the comprehensive plan. Zoning regulations that are more restrictive than the provisions of this section may also be consistent with the comprehensive plan. The terms "less intensive" and "more restrictive" in this section are not defined in this plan. Single-Family Residential The Single-Family land use category is intended to provide for one residential dwelling unit on each parcel of land. New parcels should have a minimum area equal to or larger than the median of the existing building sites in the surrounding area. In areas where existing platting is characterized by parcels larger than 10,000 square feet, zoning regulations should be consistent with surrounding parcel sizes. Sites large enough to be subdivided into parcels of 10,000 square feet or larger could be zoned accordingly, but only if such zoning would be compatible with surrounding development. Duplex Residential The Duplex Residential category is intended to provide for two residential dwelling units per parcel of land. Each dwelling unit should have its own direct access from the out-of-doors. Two- family structures should be developed at densities that do not exceed two dwelling units per 10,000 square feet. Townhouse Residential The “Townhouse Residential” category is intended to promote limit development to townhouse type dwelling units on parcels of land not less than 10,000 square feet in area , as a residential land use category as described herein. Each dwelling unit shall should have its own direct access from the street front. out-of-doors, “Townhouse Residential” dwelling units shall should be developed at densities no greater than 36 dwelling units per net acre. that do not exceed one dwelling unit per 7,260 square feet of site area. “Townhouse Residential” dwelling units shall permit individual multi-story dwelling units, and may be attached such that each unit facade is horizontally variegated such that the building mass is visually compatible with its surroundings. Townhouse dwelling units may optionally use the first ground floor above minimum flood elevation for a Live- Work Unit (LWU) as permitted by the City’s Land Development Code, or optionally may use the first floor as a front facing Accessory Dwelling Units (ADU) as described in Section 163.31771 Florida Statutes. The LWU or ADU shall have a separate front-facing entrance, and at least one front facing window on its façade. ADU shall be made available, as required by the city’s zoning regulations at an affordable rate to extremely-low-income, very-low-income, or low-income person or persons, as such terms are defined in the Florida Statutes. Single-family residences are also permitted on individual lotsin accordance with zoning regulations.Townhouse dwelling units, 20 South Miami Comprehensive Plan Text Amendments rev September 25, 2024 page 3 exclusive of ADUs, shall be developed at densities no greater than 18.15 20dwelling units per net acre. Individual parcels which meet the minimum site size of 10,000 square feet in area could be developed for use as single-family residential dwelling units. The Townhouse Residential Land Use Category shall be implemented by the “Townhouse” (“RT-18”) zoning district, and may be implemented in the following existing zoning districts: “Two Family/Townhouse Residential” (“RT-9”), “Townhouse” (“RT-6”), “Low-Density Multifamily Residential” (“RM-18”), “Medium- Density Multifamily Residential” (“RM-24”), and “Residential Office” (“RO”) subject to zoning district regulations. The Townhouse designation permits all existing uses until such occupancies are voluntarily abandoned for 180 days or greater, or until the existing structure for the use is formally deemed unsafe or is found to be in violation of minimum code requirements after an opportunity to cure is afforded by the City’s special master. Mixed Residential-Moderate Density The Mixed-Residential Moderate Density category is intended to allow the development of residential projects that include, or consist of, two-family and/or townhouse residential structures. Under this land use category, any tract of land upon which a two-family or townhouse residential development is located shall have a land area of at least 6,300 square feet. In addition, for each dwelling unit in a development, there shall be an average of 3,150 square feet of land in the overall tract, including areas held in common ownership and the area of driveways. Each dwelling unit shall have its own direct access from the out-of-doors. Land designated Mixed Residential- Moderate Density may be developed with detached single-family residential uses.[NOTE: This was previously marked for deletion in the first reading version, but discussed at first reading as being retained] Multi-Family Residential The Multiple-Family Residential land use category is intended to provide for residential densities of up to a maximum of 24 dwelling units per net acre. Multiple-family residential development shall be designed in order to create environmentally-sensitive and well-landscaped settings with pedestrian and multi-modal, transit-oriented amenities. Zoning regulations shall be implemented to preserve the existing densities of developed properties within established districts. Designers should be encouraged to produce unique, flexible, multi-level projects, such as mixed-use developments, including ancillary retail and office uses on ground floor levels. Business Office (Low Intensity and Volume) The Business Office land use category is intended to provide for the development of very-low intensity office uses that typically experience a low volume of visitors or clients and have low trip generation rates. In addition, heavy landscaping and screening shall be provided for parking areas, trash storage and other site characteristics that might have a negative impact on adjacent residential uses. Further, sites shall be developed with adequate parking and vehicular access that does not rely on neighborhood streets. The City recognizes the sanctity of the residential neighborhoods and desires to protect them from potentially adverse uses. Consequently, no amendments to the Future Land Use Map shall be made which develops or expands a Business Office district into an area designated for residential development. Commercial Retail and Office The Commercial Retail and Office land use category is intended to provide for commercial uses as permitted by the Land Development Code. retail and retail service office use and office services 21 South Miami Comprehensive Plan Text Amendments rev September 25, 2024 page 4 that are characteristic of commercial development. Adopted zoning regulations shall reinforce the "no widenings" policy as set forth in the Transportation Element by encouraging the containment of the Commercial Retail and Office designation only on land that fronts and has direct access to South Dixie Highway (US-1). development along existing State and County high-design roadway facilities. The City recognizes the sanctity of the residential neighborhoods and desires to protect them from potentially adverse uses. Consequently, no amendments to the Future Land Use Map shall be made which develops or expands or designates the a Commercial Retail and Office Land Use Category district into an area designated for single-family residential development. Mixed-Use Commercial / Residential The Mixed-Use Commercial / Residential land use category is intended to provide for the development of mixed-use projects of a scale and form that is compatible to adjacent areas designated for residential development. Mixed-use development my be as horizontal mixed uses with commercial and residential uses in different adjacent buildings or vertical mixed uses with commercial and residential development arranged in one building. different levels of retail uses, office uses, retail and office services, and residential dwelling units with an emphasis on mixed- use development that is characteristic of traditional downtowns. Permitted heights, form regulations, and intensities shall be as set forth in the Land Development Code. The Mixed-Use Commercial / Residential designation is intended for development sites with frontages along certain half section line and section line roadways to provide walkable commerce with design transitions to adjacent residential neighborhoods. Only lands located fronting on the following listed roadways may be designated in this category: SW 40th Street (Bird Road), SW 64th Street, SW 72nd Street (Sunset Drive), SW 67th Avenue (Ludlum Road), SW 72nd Avenue, and SW 57 th Avenue (Red Road), and SW 62nd Avenue (between SW 64th Street and South Dixie Highway/US- 1).. Regulations regarding the permitted height, density and intensity in zoning districts for areas designated as Mixed-Use Commercial/Residential shall provide incentives for transit-oriented development and mixed-use development. Zoning regulations shall reinforce "no widenings" policy set forth in the Transportation Element by encouraging use of the MetroRail system. The City adopts a F.A.R. of 1.6 for this land use category which is the existing F.A.R. in the Land Development Code for the corresponding zoning district. In addition, the City adopts a maximum residential density of 24 dwelling units per acre for this district. In order to ensure a mix of uses, the City requires that a minimum of two of the above uses must be developed within this category. For residential projects, at a minimum, at least one floor must allow retail or office. For retail projects, at a minimum, at least one floor must contain residential or office. For office projects, at a minimum, at least one floor must contain residential or retail. Transit-Supportive Oriented Development District (TSODD) The Transit-SupportiveOriented Development Future Land Use designation District 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 office uses, office services, office-related retail, retail, retail services, and residential uses in multi-story and mixed- use projects that are characteristic of transit-supportiveoriented developments. Permitted heights, residential densities, and non-residential intensities shall be set forth in the Land Development Code, including design standards. Zoning regulations shall encourage development within the TSODD 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 increased building heights and design 22 South Miami Comprehensive Plan Text Amendments rev September 25, 2024 page 5 standards to ensure that responsible, effective and aesthetically pleasing projects result. Properties within 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. Downtown SoMi (DS): The Downtown SoMi (DS) category is intended to provide for the establishment of place-making mixed-use and transit-supportive development that is urban in form and scale, and addresses the scale and compatibility to the established context of Sunset Drive. This category authorizes a mixture of uses, densities, intensities, and heights that contribute to a vibrant urban experience within walking distance to rail-based rapid transit. The Downtown SoMi area comprises contiguous parcels of land of ten (10) acres or greater and located southeast of principal arterial South Dixie Highway (US-1), west of minor arterial Red Road (SW 57th Avenue), north of minor arterial Sunset Drive (SW 72nd Street), and east of SW 58th Avenue. Permitted uses and structures on both a temporary and permanent basis include retail, restaurant, residential, hotel, office, entertainment, theaters, attractions, permanent and nonpermanent kiosks, active rooftop uses, and those uses reasonably accessory thereto. Permitted heights in the DS category shall be up to 33 stories with limitations for specific locations within the category, further limiting the number of stories of specific subzones, and specific building heights in feet above street level, both as further defined in the Downtown SoMi district regulations of the South Miami Land Development Code. The permitted Floor Area Ratio (F.A.R.) shall be up to 1.8 and shall only apply to non-residential structures. Permitted residential density shall be up to 150 dwelling units per acre. Hotel uses within this category shall be deemed part of the commercial intensity and shall not be counted for purposes of calculating residential density. Residential uses shall not count towards F.A.R. and commercial uses (including hotel uses) shall not count towards residential density. Public Institutional Uses The Public and Institutional land use category is intended to provide for public schools, municipal facilities, utilities, and similar uses. Areas designated public and institutional should not be used for other purposes without an amendment to this plan. Zoning regulations could permit public and institutional uses on sites not so designated by this plan. Educational Uses The Educational Uses land use category is intended to provide for public school uses. Areas designated as Educational should not be used for other purposes without an amendment to this plan. Zoning regulations could permit public educational uses on sites not so designated by this plan. Public schools are hereby defined as public institutions of general education offering kindergarten through 12th grade education or some substantial portion thereof, and are owned and operated by the Miami-Dade County Public School system which also offers recreation opportunities. Parks and Open Space The Parks and Open Space land use category is intended to provide for public parks, park and open space areas, including those associated with public schools and other government entities. Sites designated Parks and Open Space should not be used for other purposes without an amendment to 23 South Miami Comprehensive Plan Text Amendments rev September 25, 2024 page 6 this land use plan. Zoning regulations could permit park and open space uses on sites not so designated by this plan. Zoning regulations should permit park-related buildings (e.g., indoor athletic and passive recreation facilities) on land designated as Parks and Open Space.) Residential / Limited Commercial District The Residential/Limited Commercial District future land use map category is intended to allow for low-density residential development and limited commercial development in a transition area abutting single family homes. The maximum height of all new construction shall be two stories. Residential development shall be limited to townhouse development at a maximum of 5 units per acre. Commercial development shall be limited to a maximum floor-area-ratio of 0.80 and shall include only those retail and personal service (office) needs for the local neighborhood residential areas. The specific type of retail and office uses shall be set forth in the appropriate zoning use district in the Land Development Code. The Land Development Code shall provide for a mandatory no-construction buffer / landscape area and a required wall or fence at the rear of all properties facing or abutting single family residential. Mixed use development is encouraged. Existing buildings and uses which are not consistent with the standards for this land use category or with standards for the zoning use district applied to this area may continue to exist and function but shall be subject to the non-conforming regulations set forth in Land Development Code Section 20-4.8.[NOTE: This was previously marked for deletion in the first reading version, but discussed at first reading as being retained] Religious The Religious land use category is intended to be applied to development projects and properties providing religious facilities and could also permit other ancillary uses implemented by the category, with building heights and intensities compatible with surrounding districts. Areas designated religious should not be used for other purposes without an amendment to this plan. Zoning regulations could permit religious uses on sites not so designated by this plan. Hospital The Hospital land use category shall be applied to development projects and properties providing hospital facilities with building heights and intensities compatible with existing uses, adjacent uses, and special uses. 24 South Miami Comprehensive Plan Text Amendments rev September 25, 2024 page 7 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 anduses; ensure appropriate height and site development 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. FLU Policy 1.1.3 In reviewing proposed amendments to this plan and the Future Land Use Zoning Map, compatibility with adjacent uses shall be the major determinant. FLU Policy 1.1.4 There shall be no additional intrusion of retail or business uses into single-family 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. FLU Policy 1.1.5 Although there are currently no military installations within or proximate to South Miami, the City shall adhere to State statutory requirements to ensure compatibility of new development and redevelopment with military operations if a military installation is located within or within one- half mile of its boundaries in the future. FLU Policy 1.1.6 Enforce the City’s zoning and other Land Development Code provisions. 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. FLU OBJECTIVE 1.2 Historic Preservation Preserve historic buildings, sites and districts located within the City through the appropriate mechanisms. FLU Policy 1.2.1 The Historic Preservation Board shall (1) review development proposals for historically designated properties and (2) encourage designation of significant properties to assure preservation of the City's limited historic resources. FLU Policy 1.2.2 25 South Miami Comprehensive Plan Text Amendments rev September 25, 2024 page 8 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. 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. FLU Policy 1.3.2 The City shall seek to ensure bicycle and pedestrian connectivity in all areas within its boundaries, in accordance with neighborhood plans, the Intermodal Transportation Plan. 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. 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. FLU OBJECTIVE 1.5 Public Schools City shall continue to coordinate with Miami-Dade County Public Schools in accordance with the "Amended and Reinstated Interlocal Agreement for Public School Facility Planning in Miami- Dade County", as it may be amended from time to time. FLU Policy 1.5.1 The City shall participate with the Miami-Dade County Public Schools in review of criteria and standards necessary to assure adequate public school capacity, including new schools and expansion of existing schools. FLU Policy 1.5.2 During pre-development program planning and site selection activities, the City shall coordinate with the Miami-Dade County Public Schools and continue to seek, where feasible and mutually acceptable, to collocate schools with other public facilities; such as parks, libraries, and community centers to the extent possible. FLU OBJECTIVE 1.6 Increase Community Resiliency Increase Community resiliency through land use and built environment decisions. 26 South Miami Comprehensive Plan Text Amendments rev September 25, 2024 page 9 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; 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. FLU Policy 1.6.2 The City of South Miami shall expedite permitting for photovoltaic systems to promote the use of solar energy. FLU Policy 1.6.3 The City of South Miami shall expedite permitting for the installation of alternative fuel and electric vehicle charging infrastructure. 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 ™ (STAR) and make recommendations on feasible revisions for incorporating increased sustainability. FLU Policy 1.6.5 An integral part of the City planning processes shall be consideration for adapting the built environment to the impacts of climate change including resource management, flood control and stormwater management, community development and capital planning. Adaptation strategy options may include but are not limited to: protection; accommodation; managed retreat; avoidance, and/or other options. FLU Policy 1.6.6 The City to consider Adaptation Action Areas based on best and most current available data. 27 South Miami Comprehensive Plan Text Amendments rev September 25, 2024 page 10 FLU OBJECTIVE 1.7 Opportunities for Community Participation with City-wide Resiliency Increase opportunities for the community to learn about and participate in decision-making processes regarding resiliency and climate change adaptation. FLU Policy 1.7.1 The City of South Miami shall provide information to the public and community stakeholders about the current and potential impacts of climate change and sea level rise, as well as mitigation, protection, accommodation and adaptation strategies. FLU Policy 1.7.2 The City of South Miami shall continue to support public education and outreach programs addressing issues including but not limited to: energy efficiency; water conservation; solid waste reduction and recycling; composting; urban food production; urban forests; native landscaping; air quality, greenhouse gas reduction, and climate change adaptation and response planning. 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. FLU Policy 1.8.2 The City shall review and consider adopting Design Guideline provisions which encourage sustainable development including but not limited to leveraging mass transit and creating walkable neighborhoods which reduce dependence on vehicles and the use of 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 for both residential and commercial properties. FLU Policy 1.8.3 Within two (2) years of adoption of this element, the City shall explore incentives to reduce greenhouse gases through leveraging mass transit and creating walkable neighborhoods which reduce dependence on vehicles and the for use of green building standards in new development and redevelopment. FLU Policy 1.8.4 By 2020, the City shall develop a “Pedestrian and Bicycle Network Study” that will evaluate the cost, funding techniques and sources, and timeline necessary to create a pedestrian and bicycle network that links the City’s parks, recreational and natural amenities, and business districts. 28 South Miami Comprehensive Plan Text Amendments rev September 25, 2024 page 11 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. FLU Policy 1.8.6 The City shall continue to support the existing Miami-Dade County Transit bus routes that service the City. FLU Policy 1.8.7 The City shall continue to participate in Miami-Dade County’s curbside recycling program unless a better program is available. FLU Policy 1.8.8 The City shall support urban food production. FLU OBJECTIVE 1.9 Encourage a Sense of Community The City shall encourage a sense of community among the residents through community events, public art, and public spaces. FLU Policy 1.9.1 The City shall facilitate and encourage special events aimed at drawing residents together. FLU Policy 1.9.2 The City should try to coordinate a public art program with Miami-Dade County. FLU Policy 1.9.3 Encourage farmer markets within the City. 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 OBJECTIVE 2.1 Encourage Development within Hometown District Discourage urban commercial sprawl by enhancing downtown South Miami as the City’s prime retail and commercial service center, in accordance with the Future Land Use Map. There shall be no major commercial rezonings of single-family residential properties. FLU Policy 2.1.1 Continue to monitor parking usage to determine when and where additional municipal parking areas should be provided. FLU Policy 2.1.2 Oppose street widenings that would either feed more through traffic into the downtown area or adversely impact its pedestrian amenities in downtown South Miami. 29 South Miami Comprehensive Plan Text Amendments rev September 25, 2024 page 12 FLU Policy 2.1.3 By 2023, the City shall initiate an update to the Hometown District Master Plan. FLU Policy 2.1.4 Shared parking regulations shall be adopted. FLU GOAL 23 Transit-SupportiveOriented Development (TSD) District (TODD) Provide for increased intensity of mixed-use projects and flexible building heights in designated Transit-Supportive Oriented Development (TSD)Districts (TODD), to the extent that development and redevelopment in these districts does not adversely impact surrounding primarily residential neighborhoods and uses. FLU OBJECTIVE 23.1 Support higher densities and intensities in TSD TODD Support higher densities and intensities in the TSDTODD areas to take advantage of the proximity of the Metrorail and create an area where residents can live and work in a pedestrian-oriented environment. FLU Policy 23.1.1 Pursue traffic policies, parking policies and pedestrian amenity policies that enhance the mass transit and town center functions. FLU Policy 23.1.2 The City shall maintain and, as appropriate, expand the Transit-Supportive 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. FLU Policy 2.1.3 As part the City’s redevelopment of City Hall, and to better leverage open space opportunities for residents and visitors, Jean Willis Park may be relocated on the City Hall campus with connection to a new location adjacent to the Underline. FLU Policy 23.1.43 The City shall, by 2022, review the TSOD and amend the Comprehensive Plan and zoning Land Development Rregulations to ensure they are designed to achieve the goals of the City, and especially, those associated with affordable housing and parking regulations. FLU GOAL 34 Protect Natural Environment To preserve and enhance the natural environmental characteristics of South Miami. FLU OBJECTIVE 34.1 Coordinate land uses with the natural environment Coordinate future land uses with topography, hydrology, flood maps, soil conditions and the availability of facilities and services. This objective is met if future land uses and development intensities are consistent with the Future Land Use Map and in compliance with other relevant development regulations of the City. 30 South Miami Comprehensive Plan Text Amendments rev September 25, 2024 page 13 FLU Policy 34.1.1 Maintain the single-family land use and zoning in west central South Miami in order to protect the wellfields that abut the City near Ludlam Road; specifically, Nelson Homesites subdivision, Tranquility Estates subdivision, Linden Acres subdivision, Sunset Circle subdivision, the unplatted area immediately west of Sunset Circle, South Side Estates subdivision and the parcel area immediately south of South Side Estates. FLU OBJECTIVE 34.2 Preserve Natural Resources Preserve natural resources whenever possible. Natural resources shall be defined as specific communities of regional ecological significance. FLU Policy 34.2.1 The Environmental Review and Preservation Board shall review development applications as identified in the Land Development Code to assure realistic protection and enhancement of natural features, particularly water bodies and tree stands. FLU Policy 34.2.2 The City shall assist the Miami-Dade County Division of Environmental Resource Management in the protection and preservation of the Girl Scout Park as a “natural forest community," for as long as the park is designated by DERM as a "natural forest community.” FLU OBJECTIVE 34.3 Sewer Facilities Assist the County in making land available for sewer facilities as required and coordinate with the County on connecting remaining areas of the City to public sanitary sewer. FLU Policy 34.3.1 Reserve land for pump stations if required by the County's extension of sewer lines. FLU Policy 34.3.2 Continue to coordinate with Miami-Dade County to schedule the implementation of the City’s Sanitary Sewer Master Plan as funding is available. FLU OBJECTIVE 34.4 Special Flood Hazard Area Preserve floodplain areas via floodplain management and limiting development within the Special Flood Hazard Area. FLU Policy 34.4.1 In coordination with the Transit-Oriented Development District, permit more intense development only in those areas which are located outside of the Special Flood Hazard Area. FLU Policy 34.4.2 The City to consider the effectiveness of a Transfer of Development Rights program (TDR) that would allow building density and intensity to be transferred from areas including historically designated properties, the Special Flood Hazard Area and other environmentally sensitive areas, in order to permit development within the Transit-Oriented Development District, while reducing the permitted intensities within areas including the Special Flood Hazard Areas, historically designated properties, or other environmentally sensitive areas. 31 South Miami Comprehensive Plan Text Amendments rev September 25, 2024 page 14 FLU GOAL 45 Revitalization of commercial areas outside of the Hometown District. To achieve revitalization and renewal of areas designated as redevelopment areas. FLU OBJECTIVE 45.1 Continue efforts of the Community Redevelopment Agency Continue to support the South Miami Community Redevelopment Agency’s (SMCRA) mission in order to spearhead efforts to work with citizens and stakeholders to improve the quality of life for citizens, businesses and property owners in the South Miami Community Redevelopment Area. FLU Policy 5.1.1 Continue to implement and periodically update the South Miami Community Redevelopment Plan for the area generally bounded by SW 62nd Street to the north; Red Road to the east; Sunset Drive to the south; and SW 62nd Avenue to the west. FLU Policy 5.1.2 Continue to implement priority SMCRA programs and projects, including but not limited to: "in- fill" housing, construction of multi-family units, substantial rehabilitation of housing (HUD Complex), and streetscape and infrastructure improvements. FLU Policy 5.1.3 Support the continuation of SMCRA beyond its scheduled expiration in 2020. FLU OBJECTIVE 5.2 Maximize redevelopment resources Maximize resources for redevelopment by utilizing applicable federal, state, local and private incentive/funding programs. FLU Policy 5.2.1 Maintain and support the South Miami Community Redevelopment Area's designation as an Urban ln-fill and Redevelopment Area, pursuant to F.S. 163.2514. FLU Policy 5.2.2 Obtain planning and implementation funding for the South Miami Community Redevelopment Area’s mission from grants available through the Urban lnfill and Redevelopment Area grant program, the Community Development Block grant program and other appropriate grant programs. FLU OBJECTIVE 5.3 Support Bird Road Commercial Area To preserve and enhance the Bird Road commercial area while ensuring the compatibility of commercial and mixed-uses with the adjacent residential properties. FLU Policy 5.3.1 The City will seek opportunities to support and promote the development and redevelopment of mixed- the commercial uses in this corridor consistent with the Land Development Regulations. 32 South Miami Comprehensive Plan Text Amendments rev September 25, 2024 page 15 FLU OBJECTIVE 5.4 Support Commercial Areas along US 1 To preserve and enhance other commercial areas, including the east side of U.S. 1, while ensuring the compatibility of commercial uses with adjacent residential properties. FLU Policy 5.4.1 The City will seek opportunities to support and promote the commercial uses in this the South Dixie Highway (US-1) corridor. FLU Policy 5.4.2 The City will initiate a study of this corridor to determine the appropriate level of intensity of development, and the desired mix of uses, including housing. FLU GOAL 6 Support the Economic Viability of the City To support the economic viability of the City through an adequate tax base and development that allows for the efficient provision of City services. FLU OBJECTIVE 6.1 Increase the City’s tax base through appropriate development Continue to increase the City’s tax base and fiscal health through new development and redevelopment, increased property values, annexations, impact fees, grants, and other strategies as appropriate. FLU Policy 6.1.1 Zone for new development and redevelopment in accordance with the Future Land Use Map, including multi-story and mixed-use districts. FLU Policy 6.1.2 By 2020, and on a regular basis thereafter, the City shall re-evaluate the calculation levels of the park impact fee and consider the feasibility of enacting impact fees for other public services and facilities, as allowed by law. The fees shall be set at the level determined appropriate to cover the needs associated with the demand for services from the new development. FLU Policy 6.1.3 The City shall seek to improve the delivery of services and reduce inefficiencies through a program of annexations that will result in more logical City boundaries and reduce enclaves. FLU Policy 6.1.4 The City should cooperate with and assist private commercial property owners in the creation of economic development programs, such as a Business Improvement District. 33 Agenda Item No:4. City Commission Agenda Item Report Meeting Date: January 21, 2025 Submitted by: Marcus Lightfoot Submitting Department: Planning & Zoning Department Item Type: Ordinance Agenda Section: Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, COMPREHENSIVELY AMENDING THE CITY OF SOUTH MIAMI COMPREHENSIVE PLAN, SPECIFICALLY THE FUTURE LAND USE ELEMENT, TO PROVIDE FOR DEVELOPMENT OF AN ENHANCED TOWN CENTER AREA AND MAJOR CORRIDORS, WITH SURROUNDING DEVELOPMENT SUPPORTIVE OF THE TOWN CENTER, SPECIFICALLY BY AMENDING THE FUTURE LAND USE ELEMENT; PROVIDING FOR TRANSMITTAL; CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 4/5 (CITY MANAGER-PLANNING DEPT.) Suggested Action: Attachments: 4AD0391-Memo Re Comp Plan Amendment.DOCX CC_Towncenter_Comp_Plan_Staff_Report.docx Ordinance Amending Comprehensive Plan Text Amendment-Second Reading January 2025 CLEAN.DOCX Exhibit_A_to_Ordinance_--_South_Miami_Comprehensive_Plan_Draft_Text_Recommendations_9-25-24.docx Business Impact Estimate-Comp Plan Amendment-01-21-25.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:January 21, 2025 City Commission Meeting SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, COMPREHENSIVELY AMENDING THE CITY OF SOUTH MIAMI COMPREHENSIVE PLAN, SPECIFICALLY THE FUTURE LAND USE ELEMENT, TO PROVIDE FOR DEVELOPMENT OF AN ENHANCED TOWN CENTER AREA AND MAJOR CORRIDORS, WITH SURROUNDING DEVELOPMENT SUPPORTIVE OF THE TOWN CENTER, SPECIFICALLY BY AMENDING THE FUTURE LAND USE ELEMENT; PROVIDING FOR TRANSMITTAL; CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. The accompanying Ordinance is before you to consider re-adoption at a new second reading/public hearing to address a procedural issue in the transmission of the Comprehensive Plan Amendment (the "Amendment"). The Ordinance was initially adopted on October 1, 2024, through Ordinance No. 23-24-2508. While the Amendment was properly adopted at that time, the City’s transmittal of the adopted Amendment to the Florida Department of Commerce as required under Section 163.3184(3)(c)2, Florida Statutes was delayed beyond the statutory period. The Florida Department of Commerce has advised that the City may cure the issue by holding a new second public hearing and re-adopting the Amendment. This is possible because the City remains within the 180-day statutory timeframe(from the date of the City’s receipt of comments from the State agencies) to adopt an amendment. Accordingly, the purpose of this second reading is to readopt the Ordinance, cure the procedural issue, and ensure timely transmittal of the adopted Amendment to the reviewing agencies, as required by law. 2 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:January 21, 2025 SUBJECT:Ordinance amending the City of South Miami comprehensive plan, specifically the future land use element, to provide for development of an enhanced Town Center area and major corridors, with surrounding development supportive of the town center, specifically by amending the future land use element ___________________________________________________________________________ RECOMMENDATION: The amendments support the City’s vision for its downtown area as a vibrant mixed-use district with residential populations, employment space, entertainment, and retail attractions in a compact pedestrian district that will support increased use of the Metrorail transit station at its center. All eight of the analysis criteria have been reviewed and found to be satisfied by the amendments. The City of South Miami staff recommends the adoption of these Future Land Use Element amendments. 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. As work proceeded, it became clear that to perform the necessary zoning amendments and fulfill the desired direction of redevelopment, it would also be necessary to perform amendments to the policies of the City’s adopted Comprehensive Plan, particularly the Future Land Use Element policies and Future Land Use Map. The Future Land Use Element Policies (text) is the subject of this ordinance. Any additional policies in the Housing Element, Transportation Element, Recreation and Open Space Element, and Capital Improvement Element that need to be updated will be part of the larger process of the Evaluation and Appraisal Report (EAR) based amendments. The Land Use Element amendments proposed here are those necessary to continue to update zoning ordinances. ANALYSIS/PROCESS: The City’s adopted Comprehensive Plan Land Use Element is made up of adopted goals, objectives, and policies that are akin to the City’s constitution for land development and policy. 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) Evaluation and Appraisal Report (EAR) based amendments, 2) Expedited State Review, and 3) Small Scale Amendments (Sec. 163.3187). 3 These proposed text changes to the Comprehensive Plan amendments are permissible by the Expedited State Review process. The process for adopting amendments to the City’s Comprehensive Plan is established by Florida’s Community Planning Act, which directs municipalities to maintain a comprehensive plan for their future development and growth, and authorizes them to maintain and examine the plan from time to time to adjust to changing needs. The City of South Miami is committed to maintaining consistency with State requirements and policy direction and to implementing municipal goals and objectives through flexible and performance-oriented land development regulations and incentives, increasing predictability in development outcomes, and supporting responsible and well-placed development in the City. Consistent with these commitments, the combined amendments stimulate a geographically and functionally unified development program that addresses contemporary and future market expectations, proactively address the demand for housing in South Dade, and provide land policy direction to support transit utilization of Miami Dade County’s Metro Rail and other transit investments, consistent with the County’s goals for the Rapid Transit Zones (RTZ). The Growth Management Act provides for three processes to amend a local comprehensive plan: 1) Evaluation and Appraisal Report (EAR) based amendments, 2) Expedited State Review, and 3) Small Scale Amendments (Sec. 163.3187). The amendments will be performed permissible by the Expedited State Review process pursuant to Florida Statutes Section 163.3187 Process for adoption of small-scale comprehensive plan amendment. The City of South Miami Planning Board is the City’s Local Planning Agency (LPA) and was the first hearing held for recommendation of these amendments to the City Commission, pursuant to the requirements of the State of Florida Growth Management Act, Ch. 163.3174, Florida Statutes with the criteria for the expedited amendment process governed by Ch. 163.3184. Subsequent to the LPA referral, the first reading by the City Commission of the Future Land Use Plan amendment was held on June 18, 2024,and approved for transmittal to the Florida Land Planning Agency which is the Florida Department of Commerce (DOC) for State and intergovernmental review. The proposed comprehensive plan amendment package was reviewed by the DOC and other state agencies, local agencies, governments, and other jurisdictions. The DOC and participating agencies have completed their review, and the City has not obtained any objections. The comments that were received from participating agencies are summarized below. Florida Department of Commerce The Florida Department of Commerce reviewed the proposed comprehensive plan amendment package for the City of South Miami (Amendment No. 24-0lESR) received on July 2, 2024. The review was completed under the expedited state review process. The Department has no comment on the proposed amendment. Florida Department of Transportation, District 6 The Florida Department of Transportation, District 6 reviewed the amendment package per the requirements of Chapter 163 Florida Statutes and found the proposed text amendments would not adversely impact transportation resources and facilities of state importance. In addition, FDOT, District 6 recommended that the City continue to identify and address the safety needs of all modes of travel, including public transportation. The District encourages the City to include pedestrian and bicycle facilities to promote a safe walkable and connected community consistent with ss. 163.3177, Florida Statutes. 4 Florida Department of Environmental Protection The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water and wastewater treatment. Based on our review of the submitted amendment package, the Department has found no provision that, if adopted, would result in adverse impacts to important state resources subject to the Department’s jurisdiction. Miami Dade County Department of Regulatory and Economic Resources The Miami-Dade County Department of Regulatory and Economic Resources, Planning Division, Metropolitan Planning Section received the package and sent an e-mail on August 26 to the City stating that intends to review the amendment package; however, at this time no comments have been received. The amendments were transmitted on July 1, 2024, following Commission approval to transmit (first reading of the ordinance to adopt) on June 18, 2024. Florida Statute provides that reviewing agencies are to respond within 60 days of transmittal, which date was on Friday, August 30, 2024. If the City receives comments before the Commission hearing to adopt, such comments will be read into the record. Section 163.3184(3)(b), F.S., authorizes other reviewing agencies to provide comments directly to the City. If the City receives reviewing agency comments within the required time period of 30 days after receipt by the State land planning agency [Sec. 163.3184(4)(c)], and they are not resolved, these comments could form the basis for a challenge to the amendment after adoption. The second public hearing to adopt the amendment must be held within 180 days of your receipt of agency comments or the amendment shall be deemed withdrawn unless extended by agreement with notice to the Florida Department of Commerce and any affected party that provided comment on the amendment pursuant to Section 163.3184(3)(c)l., F.S. The adopted amendment must be transmitted to Florida Department of Commerce within ten working days after the second public hearing pursuant to 163.3184(3)(c)2., F.S. Under Section 163.3184(3)(c)2. and 4., F.S., the amendment effective date is 31 days after the Florida Department of Commerce notifies the City that the amendment package is complete. The process for adoption of the transmitted amendment is summarized by the exhibit below. The companion zoning code amendments will also be brought before the City Commission based on the criteria contained in Section 20-5.6 and Sections 20-5.5, 20-5.7, and 20-5.24 of the City of South Miami Land Development Code. 5 Comprehensive Plan Amendment Expedited State Review Intergovernmental Review Process Local government and agencies notified submittal is complete. (within 5 working days) Review agencies send comments to DOC and city of South Miami (within 30 days of receipt of complete amendment) Affected person may request DOC to review impacts to affected party Affected person includes: •Affected local government •Persons owning property,residing,or owning/operating a business within the Village •Owners of real property that is the subject of the amendment (must be within 30 days after transmittal) DOC sends Objections,Recommendations, Comments (30 days of receipt of complete amendment) Department of Agriculture (County only) Department of Education (Education Element only) Miami Dade County RER,DERM,WASA,DTPW South Florida Regional Planning Council South Florida Water Management District Florida Department of Transportation,D6 Department of Environmental Protection Department of State Florida Fish and Wildlife Commission Local government transmits three copies of the plan amendment to Department of Commerce (DOC)and one copy to each review agency within 10 business days (local government may request review at transmittal) City Response Within 180 days of DOC response Adopted Amendment with Objection or Deficient In Compliance without Objection or Challenge DEO notices Village of Palmetto Bay of completeness and deficiencies (5 working days of receipt of amendment) Adopted Amendment becomes effective 31 Days after notice of completeness from DOC DOC requests hearing with Florida Division of Administrative Hearings (within 30 days of issuing notice of completeness) Administrative Proceeding (challenge limited to agency comments related to adverse impact of important state resource or facility) City of South Miami 2nd Hearing to Adopt Amendment (within 180 days of receipt of DEO response) Affected Party Challenge within 30 days or adoption Village of Palmetto Bay Transmits Adopted Package with Executed Ordinance to DEO and Participating Agencies (within 10 working days) DOC issues Notice of Intent to find amendment not in compliance No new issues after 21 days from NOI In Compliance Voluntary Compliance Agreement Administrative Final Order Effective Date of Order /Amendment (90 days) 6 NEED FOR THE AMENDMENTS Market Response Flexibility The land development regulations, or which the Land Use Element policies are a part defines intents and limits for development, it must also remain flexible to continuously be relevant to changing markets in the nature and proportion of commercial space, residential space, and the interaction between them. These Land Use Element amendments will support zoning text changes to accomplish this 1. Establish new generalized commercial use categories to replace the long list of incomplete and obsolete enumerated permitted uses. 2. Establish new parking requirements that are coordinated with use categories and incorporate reductions for mixed-use, transit proximity, increased use of alternative travel modes, and increased pedestrianism. 3. Establish a live-work permitted use that provides for as-of-right live-work with building design requirements to provide greater functionality than home-offices while maintaining neighborhood character. 4. Establish a new Neighborhood Mixed Use Category to allow general commercial and residential mixes in a flexible 4-story building along commercial corridors that reorients the corridors for local commercial activities along pedestrian frontages. The use focuses on scale and intensity of uses and allows range of commercial use, and mixed-use ratios for the buildings which may be any combination of retail, office and multi-family residential use. Transitional massing and buffers will be required where they abut single-family neighborhoods. 5. Establish a new live-work townhouse zoning district text and apply on the zoning map on existing commercial and multi-family properties along major corridors as a transitional zone between the commercial corridors and existing residential areas. The residential designation is to provide for: 3-story and 4-story structures with required setbacks and step-backs to improve neighborhood compatibility along the rear lot line. The Townhouse designation would also provide: o as-of-right live-work space or auxiliary living unit on the ground floor; o a market-based response to affordable and workforce housing controlled by owner-occupants that live above and/or own the building; and provide an urban, walkable and affordable housing product as Auxiliary Dwelling Units (ADU) pursuant to Section 163.31771, Florida Statutes; and o transition higher traffic corridors to residential properties along the rear lot line. 6. Replace “Residential Office”(“RO”), “Low-Intensity Office” (“LO”), “Neighborhood Retail” (“NR”) and “Specialty Retail”(“SR”) outside of Hometown District with the proposed Townhouse land use designation and its implementing TH-18 Zoning District, that responds to the strong demand for affordable and workforce housing and implements the intent of the Live Local Act, while providing enhanced protection from the pre-emptive provisions of the act, restoring local land use self-determination. 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. 7 Direct the highest densities and intensities to be generally within ¼ mile of the South Miami Metro Rail Station. Locate the next highest densities and intensities to be generally within ½ mile of the South Miami Metrorail station. Enable zoning provisions that provide development bonuses for developer-contributed on-site and off-site infrastructure that improve the public realm and provide other defined benefits to the City. Specific text language is modified as and where needed to support these efforts to be proposed in the City’s zoning code and on the forthcoming proposed amendments to the City’s zoning map. 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 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 is done to determine 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 the development of single-family homes, and the development of single-family homes is contrary to the County’s RTZ policies and the City’s Transit Oriented Development policies. The nearly unachievable reality to develop single-family homes results in the understanding that the demand for single-family homes signals demand for larger, market-rate multifamily residential to satisfy these needs. The intent of the amendments envisions development that better leverages the relationship of the South Miami Downtown, as well as to increase affordable and market-rate residential development along its corridors that is also sensitive to compatibility with adjacent neighborhoods. 8 Compatibility The essential quality of South Miami’s neighborhoods that continues to retain residents and attract new residents to its single-family neighborhoods is the quality of the residential environment, with a variety of housing types on small and large lots that are central to South Dade business, entertainment and shopping centers, to the major thoroughfares, and within 20 to 15 minutes of the Miami International Airport. Paramount in importance to these Land Use Element policy amendments is to maintain and reinforce compatibility with the City’s existing single-family neighborhoods as the Land Development. Regulations also are intended to stimulate market responsive redevelopment. These Land Use Element amendments, while not addressing this level of detail, have been reviewed and recommended to enable the forthcoming zoning code changes to 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 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. ANALYSIS OF COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT TEXT AMENDMENTS The following is the City of South Miami Planning Staff review of the text amendments to City of South Miami Comprehensive Plan, Future Land Use Amendment. The City’s Land Development Regulations (LDR) do not include specific enumerated criteria and standards for reviewing the amendments to the Comprehensive Plan. 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 changes in policy direction that are provided by the Comprehensive Plan amendment to support zoning amendments that are needed to support redevelopment of the City’s transit-supportive, walkable downtown core, insure an orderly pattern of compatible development, protect 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. In addition to these Land Use Plan Amendments (LUPA), the City will be implementing its Evaluation and Appraisal Report (EAR). The LUPA text amendments are based on a substantial public process that satisfies the EAR-based amendment process. Criterion:Whether the amendment proposal is internally consistent with the established goals and policy directions of the City’s Comprehensive Plan. Analysis:The specific goals, objectives, and policies of the City of South Miami adopted Comprehensive Plan that are relevant to the proposed amendment are listed below (in italicized typeface), with an evaluation for each policy in black typeface. As broader aspirational statements of intent, the Goals and Objectives are not directly evaluated, but provided for reference to the intent of policies. 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 9 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 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 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 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, 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 1.1.7 Discourage urban commercial sprawl by promoting growth in the core area surrounding the Metrorail Transit Station by creating a district for new growth that 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 map changes that enhance the development of a walkable, mixed-use core around the South Miami Metrorail Station, and enhance the transition into the existing residential areas with Future Land Use categories better defined for such transitions. 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. 10 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 volumetrics through the development of zoning code proposals that these Future Land Use Plan Amendments are proposed for compatibility. Amendments to the zoning districts are to be adopted subsequently, and in this process have been considered alongside the comprehensive plan amendments to provide more tangible consideration for public input. 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 the 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 the designated Transit- Supportive Development District (TSDD), to the extent that development and redevelopment in this district will not adversely impact surrounding primarily residential neighborhoods and uses. Consistent: The Transit Oriented Development (TODD) designation is redefined as a Transit Supportive District (TSDD) to maintain full land development regulatory control and allow the Hometown Overlay 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. 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. 11 Criterion 1 Finding:The proposed Future Land Use Element text 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 the analysis section entitled “Background & Need for the Amendments.” Finding:The proposed Future Land Use Element text 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 text amendments, particularly the Transit Supportive Development (TSDD) designation and the changes to the Townhouse Designation are redefined to maintain full land development regulatory control for existing and future map implementations of the TSDD and Townhouse designations. The TSDD land use supports increased use of the South Miami Metrorail Station with greater density, and mixed-use development, while addressing mass and intensity transitions and protecting surrounding low-density residential areas from adverse impacts, such as parking intrusion. The TSDD includes transitional requirements, and along with the Townhouse designation is redefined to create neighborhood residential transition areas toward more intense development and corridors. Both land uses also provide incentives for increased market-rate and affordable-housing that is well integrated and provides for affordable workspaces within the City’s downtown area. The Townhouse Future Land Use designation goals are to create appropriate transitions, increase affordable housing, improve the economy of the City, and reduce peak traffic demand with viable workspaces integrated with residential development. Finding:The proposed Future Land Use Element text amendments are consistent with Criterion 3. 12 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 redefinition of the TODD to TSDD 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, such as parking intrusion. The Townhouse designation is expected to increase the value of its existing areas and areas that will be redesignated in the future with greater opportunities for increased numbers of housing units and greater flexibility to create both residential and workspace value. It is expected that the effect on value will be positive. No adverse impact is anticipated to Townhouse- designated sites or surrounding single-family residential development, because the zoning implementation of the designation will have strong transitional requirements to assure highly compatible development. Finding:The proposed Future Land Use Element text 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 text amendments, particularly the Transit Supportive Development (TSDD) designation and the changes to the Townhouse Designation are redefined to maintain full land development regulatory control for existing and future map implementations of the TSDD and Townhouse designations. The TSDD is 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. The Townhouse designation is redefined to create neighborhood residential transition areas toward more intense development and corridors, while providing for increased market-rate and affordable housing integrated into single developments, and also provide for affordable workspaces within the developments. The amendments to both designations will promote development that results in an improved orderly and compatible land use pattern over current designations. Finding:The proposed Future Land Use Element text 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. 13 Analysis:The proposed Comprehensive Plan amendment process includes 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:The proposed Future Land Use Element text amendments are consistent with Criterion 6. CRITERION 7INTERNAL 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 Future Land Use Element text amendment 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:The proposed Future Land Use Element text 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 alter requirements for public facilities to serve the future development of specific properties. Only the amendments to the Townhouse Future Land Use designation include a de facto increase in density; however, the Townhouse designation as such is not applied to any land in the City with zoning or other land development regulations that will permit the density increase without a Future Land Use Map (FLUM) and/or Zoning Map amendment. The City will consider and adopt FLUM and Zoning Map amendments based on the adopted text amendments and implementing zoning requirements. At the time of the proposal and transmittal of companion FLUM amendments, the analysis will include a comprehensive concurrency analysis on demands on the transportation system {noting that the entire City is within a Transportation Concurrency Exception Area (TCEA), water and wastewater services, solid waste disposal, drainage, recreation, education, and emergency services. Finding:The proposed Future Land Use Element text amendments are consistent with Criterion 8. 14 BUSINESS IMPACT ESTIMATE 1 Meeting Date: January 21, 2025 Agenda Item Number: R.1. Title of Proposed Ordinance: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, COMPREHENSIVELY AMENDING THE CITY OF SOUTH MIAMI COMPREHENSIVE PLAN, SPECIFICALLY THE FUTURE LAND USE ELEMENT, TO PROVIDE FOR DEVELOPMENT OF AN ENHANCED TOWN CENTER AREA AND MAJOR CORRIDORS, WITH SURROUNDING DEVELOPMENT SUPPORTIVE OF THE TOWN CENTER, SPECIFICALLY BY AMENDING THE FUTURE LAND USE ELEMENT; PROVIDING FOR TRANSMITTAL; CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. Summary of Proposed Ordinance and Statement of Public Purpose to be Served: This ordinance proposes to amend the City’s Comprehensive Plan to foster appropriate development of the Town Center and transit-supportive areas. The City Commission commissioned a Planning Study to identify appropriate amendments to its Comprehensive Plan and Land Development Code. After having evaluated the Planning Study and considered the City’s goals for development and enhancement of its transit supportive area including the Town Center, and along major corridors and surrounding supportive development,the City Commission further finds that amendments to its Comprehensive Plan that further encourage development, while continuing to protect lower density neighborhoods, are appropriate. Estimate of Direct Economic Impact on Private/For Profit Businesses: a. Estimate of Direct Business Compliance Costs: None. b. New Charges/Fees on Businesses Impacted: None. c. Estimate of Regulatory Costs: None. Good Faith Estimate of Number of Businesses Likely Impacted: 1 This Business Impact Estimate is provided to comply with the requirements of Section 166.041(4), Florida Statutes. Please note that this Business Impact Estimate may be revised following its initial posting as new information or feedback becomes available. 34 Property owners and businesses in the Town Center area and major corridors will benefit from the amendments to the City’s Comprehensive Plan, which aim to further encourage development while protecting lower design neighborhoods. Any Additional Information: N/A Applicable Exemptions2: This Business Impact Estimate is not required for ordinances that fall under the following exemptions: ☐The proposed ordinance is required for compliance with Federal or State law or regulation. ☐The proposed ordinance relates to the issuance or refinancing of debt. ☐The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget. ☐The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant, or other financial assistance accepted by the municipal government. ☐The proposed ordinance is an emergency ordinance. ☐The proposed ordinance relates to procurement. ☐The proposed ordinance is enacted to implement the following: ☐Development orders and development permits, as those terms are defined in s. 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under ss. 163.3220- 163.3243; ☐Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality; ☐Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; ☐Section 553.73, Florida Statutes, relatingto the Florida Building Code; or ☐Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code 2 If one or more boxes are checked under this section, it indicates that the Village has determined that a business impact estimate is not required by state law for the proposed ordinance, but the Village is providing the business impact estimate as a courtesy. 35 4A .............................................................................................MIAMI HERALD FRIDAY JANUARY 10 2025 Notice of Funding Availability (NOFA) Community Development Block Grant (CDBG-CDFA 14.218), Emergency Solutions Grant (ESG-CDFA 14.231) and Housing Opportunities for Persons with AIDS (HOPWA-CDFA 14.241) Requests for Proposals to be Issued February 3,2025 The City of Miami is seeking Proposals through this Notice of Funding Availability (NOFA)for interested not-for-profit organizations to serve as subrecipients (CDBG/ESG)or project spon- sors (HOPWA)to carry out eligible activities supporting the City’s Annual Action Plan goals and objectives for FY2025 (October 1,2025 through September 30,2026)and FY2026 (October 1,2026 through September 30,2027).The City will issue two separate online Requests for Proposals (RFPs)on Monday,February 3,2025,9 a.m.,to allocate funds from the US Department of Housing and Urban Development (HUD),specifically CDBG,ESG and HOPWA funds.The two RFPs are as follows:1)Community Development Block Grant (CDBG) or Emergency Solutions Grant (ESG)funding and 2)Housing Opportunities for Persons with AIDS (HOPWA)funding.The City reserves the right to use these RFPs for any future funding source received for services covered under said RFPs in FY2025/2026. Both RFPs will be available at www.miamigov.com/communitydevelopment ,linking to the web-based ZoomGrants™application management system.Attending the workshop(s)is not mandatory but encouraged.The following are approximate amounts available for each pro- gram (pending HUD confirmation of awards):CDBG:$3,500,000;ESG:$450,000,HOPWA: $1,500,000 RFP #1:Public Service,Economic Development,Housing (CDBG)and Home- less Services (ESG) Link:www.miamigov.com/CDBG-ESG-workshop RFP #2:Tenant Based Rental Assistance,Permanent Housing Placement (PHP), HQS,Short Term Rental Mortgage &Utility,Project Based Operating Support and Technical Assistance (HOPWA) Link:www.miamigov.com/HOPWA-workshop Workshop #1:Wednesday,February 5,2025,6-8 pm (CDBG/ESG) Little Haiti Cultural Center,Community Room,212 NE 59 Terrace,Miami,FL 33137 Workshop #2:Saturday,February 8,2025,10 am -12 noon (CDBG/ESG) Black Box Theater,Charles Hadley Park,1350 NW 50 St.,Miami,FL 33142 Workshop #3:Tuesday,February 11,2025,1 pm -3 pm (CDBG/ESG) Miami City Hall,Commission Chambers,3500 Pan American Drive,Miami,FL 33133 Workshop #4:Friday,February 21,2025,10 am-12 noon (HOPWA) Coral Gate Park,1415 SW 32 Ave.,Miami,FL 33145 RFP SUBMISSION DEADLINE: Monday,March 3,2025,12 midnight All RFPs must be submitted:Via the web-based ZoomGrants™application Requests for special accommodations may be directed to the Department of Housing &Com- munity Development at (305)416-2080 no less than three (3)business days prior to the workshop date. (AD#18943) CITY OF SOUTH MIAMI,FLORIDA CITY COMMISSION MEETING NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on Tuesday,January 21,2025,at 7:00 p.m.at South Miami City Hall Commission Chambers,6130 Sunset Drive,South Miami,FL 33143,to consider the following public hearing item(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,COMPREHENSIVE- LY AMENDING THE CITY OF SOUTH MIAMI COMPREHENSIVE PLAN,SPECIFICALLY THE FUTURE LAND USE ELEMENT, TO PROVIDE FOR DEVELOPMENT OF AN ENHANCED TOWN CENTER AREA AND MAJOR CORRIDORS,WITH SUR- ROUNDING DEVELOPMENT SUPPORTIVE OF THE TOWN CENTER,SPECIFICALLY BY AMENDING THE FUTURE LAND USE ELEMENT;PROVIDING FOR TRANSMITTAL;CORRECTIONS;SEVERABILITY;CONFLICTS;IMPLEMENTATION;AND AN EFFECTIVE DATE. Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/j/3056636338),by phone by calling +1-786-635-1003 and entering Meeting ID:3056636338 when prompted,or in person in the Commission Chambers,and where their appearance will be broadcast on the Zoom platform,and where they can participate. All interested parties are invited to attend and will be heard. For further information,please contact the City Clerk’s Office at:305-663-6340. Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that if a person decides to appeal any decision made by the Commission with respect to this matter,such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. ADA:To request a modification to a policy,practice or procedure or to request an auxiliary aide or service in order to participate in a City program,activity or event,you must on or before 4:00 p.m.3 business days before the meeting (not counting the day of the meeting)de- liver your request to the City Clerk by telephone:305-663-6340,by mail at 6130 Sunset Drive,South Miami,Florida or email at npayne@ southmiamifl.gov. Nkenga A.Payne,CMC,FCRM City Clerk dent-elect Donald Trump. “Venezuelan democracy activist Maria Corina Ma- chado and President-elect Gonzalez are peacefully expressing the voices and the WILL of the Venezue- lan people with hundreds of thousands of people demonstrating against the regime,”Trump wrote on his X account.“The great Venezuelan American community in the United States overwhelmingly support a free Venezuela, and strongly supported me.These freedom fight- ers should not be harmed, and MUST stay SAFE and ALIVE!” In Washington,a Na- tional Security Council official also deplored the regime’s actions.“We are tracking very closely pub- lic reports of Maduro and his representatives arrest- ing opposition leader Ma- ria Corina Machado as part of their campaign of intimidation against Vene- zuela’s democratic opposi- tion.We condemn such arrests,repression and intimidation,which can- not obscure the fact that Edmundo Gonzalez Urru- tia is the true winner of the July 2 8 elections.“ Machado had appeared previously before thou- sands of supporters in Chacao amid a series of demonstrations held in- side and outside Venezue- la in support of Gonzalez, who the opposition says won the July 2 8 election by defeating Maduro by a margin of 67%to 30%. Gonzalez,who left Ve- nezuela in September to avoid arrest,is scheduled to return on Friday to be sworn in as president despite plans by Maduro to do the same. Standing on the roof of a truck in front of an ave- nue packed with support- ers,Machado said the regime had only a few hours left and declared that the regime’s efforts to intimidate people to stay home had failed.“I have never felt so proud in my life.All over Venezuela people took to the streets.” She had previously said via her X account:“This is over.Venezuela will be free!” Machado had not ap- peared in public for four months,remaining in hiding in response to the regime’s frequent threats to arrest her.But she called on all Venezuelans to take to the streets this week to defend the elec- tion results. The opposition’s decla- ration of victory is accept- ed by a growing number of countries,whose gov- ernments say the regime’s claim that Maduro won with 52%of the vote is not believable,specially be- cause of its refusal to provide supporting evi- dence as his opponents have done. The overwhelming ma- jority of Venezuelans — 90%according to the latest polls —believe Ma- duro’s claims that he won the election are fraudu- lent. Fearing that Gonzalez’s return to Venezuela this week might lead to major unrest,Maduro mobilized the country’s military, sending soldiers to patrol the streets of major cities and carrying out new arrests of opponents and individuals whom he calls mercenaries. McClatchy Washington correspondent Michael Wilner contributed to this report. Antonio Maria Delgado: 305-376-2180, @DelgadoAntonioM FROM PAGE 1A MACHADO ALEXIA FODERE For the Miami Herald Members of the Venezuelan community gather in Doral on Thursday in support of Venezuelan opposition leaders María Corina Machado and Edmundo Gonzalez. FEDERICO PARRA AFP/Getty Images/TNS Venezuelan opposition leader María Corina Machado addresses supporters in Caracas on Thursday. ALEXIA FODERE For the Miami Herald Venezuelan political activist Jose Amalio Graterol talks to the crowd at the rally in Doral on Thursday. A cyclist died after be- ing hit by a car on Okee- chobee Road near Hialeah Gardens on Thursday morning,according to the Florida Highway Patrol. Around 7 a.m.,a white Honda sedan traveling west on Okeechobee Road and approaching North- west 8 7th Avenue struck the bicyclist,who died at the scene from his in- juries,according to the Florida Highway Patrol. The agency did not identify the cyclist or the driver. Westbound Okeechobee Road was closed,with traffic being diverted onto Northwest 8 7th Avenue, but it was reopened. It is unclear if the driver was at fault or will be cited or charged. Over the years,several cyclists have been killed after being hit by drivers, particularly on the Ricken- backer Causeway. Cyclist is killed in rush-hour crash on Okeechobee Road near Hialeah Gardens, FHP says THE COLLISION WAS NEAR NORTHWEST 87TH AVENUE.OVER THE YEARS,SEVERAL CYCLISTS HAVE BEEN KILLED AFTER BEING HIT BY DRIVERS, PARTICULARLY ON THE RICKENBACKER CAUSEWAY. BY MILENA MALAVER mmalaver@miamiherald.com 36