Ord No 06-25-2519ORDINANCE NO. 06-25-2519
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING POLICY 1.1.1 OF THE FUTURE
LAND USE ELEMENT OF THE CITY OF SOUTH MIAMI
COMPREHENSIVE PLAN TO ESTABLISH A MAXIMUM
DENSITY OF 200 DWELLING UNITS PER ACRE IN THE
"TRANSIT -SUPPORTIVE DEVELOPMENT"
DESIGNATION AND MODIFY ITS DESCRIPTION;
PROVIDING FOR TRANS MITT AL; CORRECTIONS;
SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND
AN EFFECTIVE DATE.
WHEREAS, A11icle 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 fUl1herance 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 163.84(3), Florida Statutes, provides for an Expedited State Review
Process for Comprehensive Plan Amendments; and
WHEREAS, the Future Land Use Element emphasizes development and enhancement of
its transit supportive area including the Town Center, and along major corridors and surrounding
supportive development, and encourages development, while continuing to protect lower density
neighborhoods; and
WHEREAS, Policy 1.1.1. of the Future Land Use Element provides that the Transit-
Supp0l1ive Development ("TSD") designation is intended to provide for multi-story and mixed-
use commercial and residential developments that align with transit-supportive principles as
established in the City's Land Development Code, including standards for permitted heights,
densities, and intensities; and
WHEREAS, the TSD policies encourage development in transit-supportive areas while
limiting new development in Special Flood Hazard Areas and other environmentally sensitive
areas; and
WHEREAS, while the City's TSD policies support the pursuit of incentive programs, such
as increased densities, building heights, and design standards, to foster responsible and
aesthetically pleasing redevelopment, the current policies do not limit maximum density; and
WHEREAS, the City Commission finds that a maximum density is an appropriate
mechanism to ensure that adopted levels of service continue to be met and to provide for orderly
development patterns within the TSD; and
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Ord . No. 06-25-2519
WHEREAS, after having considered the City's goals, the City now seeks to amend its
Comprehensive Plan to establish a maximum density of 200 dwelling units per acre in the TSD,
ensuring consistency with the City's planning goals and standards; and
WHEREAS, the City Commission desires to amend its Comprehensive Plan in manner
reflected in the Exhibit "A" attached hereto (the "Amendment"); and
WHEREAS, on December 3,2024, 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 6 -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 December 10, 2024, and, having complied with the notice requirements in Sections
163.3184 and 166.041 of the Florida Statutes, approved the Amendment on first reading and
authorized transmittal; and
WHEREAS, the Commission has conducted a second duly noticed public hearing on the
Amendment as required by law on March 31, 2025, and fUl1her 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 MA YOR 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." 1
Section 3. Transmittal. The City Manager is hereby authorized and directed to
transmit the Amendment to the state land planning agency and all commenting agencies within ten
(l0) working days after adoption, as required by Section 163 .3184, Florida Statutes.
Section 4. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any confOlming amendments to be incorporated into the
final Ordinance for signature.
Section 5. Severability. If any section, clause, sentence, or phrase of this Ordinance
is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this Ordinance.
I Coding: StrilH!thra\lgh wards are deletions to the existing words. Underlined words are additions to the existing
words . Changes made after the Planning Board hearing are indicated with thntillil strilii!tlu€lllgk and double underline .
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Ord. No. 06-25-2519
Section 6. Conflicts. That all ordinances or parts of ordinances, resolutions or parts
of resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 7. Implementation. The City Manager is hereby authorized to take any and
all necessary action to implement the purposes of this Ordinance .
Section 8. Effective Date. This Ordinance shall become effective thirty-one (31) days
after receipt of a notice of completeness from the state land planning agency, as set forth in Section
163.3184(3)( c )4., Florida Statutes, unless a petition to challenge the Comprehensive Plan
amendment is filed with the Division of Administrative Hearings pursuant to Section 163.3184(5),
Florida Statutes, in which instance the Ordinance shall become effective upon issuance of a final
order finding the Comprehensive Plan amendment(s) in compliance.
PASSED on first reading on the 10lh day of December, 2024.
PASSED AND ADOPTED on second reading on the 31 51 day of March, 2025.
ATTEST :
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
w S SEROTA HELFMAN COLE
& BIERMAN, P.L.
CITY ATTORNEY
APPROVED :
M
COMMISSION VOTE:
Mayor Javier Fernandez:
Vice Mayor Brian Corey:
Commissioner Steve Calle:
4-0
Yea
Absent
Yea
Commissioner Danny Rodriguez: Yea
Commissioner Lisa Bonich: Yea
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Ord . No. 06-25-2519
EXHIBIT "A"
SOUTH MIAMI COMPREHENSIVE PLAN
FUTURE LAND USE ELEMENT TEXT2
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
***
Transit-Supportive Development (TSD)
The Transit-Supportive Development Future Land Use designation is intended to provide for the
development of commercial uses and residential uses as permitted by the Transit-SuppOltive
Development Districts in the City's Land Development Code in multi-story and mixed-use
projects that are characteristic of transit-supportive developments. Pelmitted 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 TSD 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 increased building heights and design standards to
ensure that responsible, effective and aesthetically pleasing projects result. The maximum
residential density within the TSD designation shall not exceed 200 units per acre. Propelties
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 .
***
2 Stl iketlll ougl. VVOI ds are deletions to the existing words. Under lined wo rds are additions to the existing
words. Changes made after the Planning Board hearing are indicated with an underlined strikethrough or
double underl ine . Changes made prior to second reading are indicated with doable stl iketlll oagl. and dmJ.b..le.
uoderlioag and highlighted in grey.
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