Ord No 07-25-2520ORDINANCE NO. 07-25-2520
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING THE FUTURE LAND USE MAP OF
THE FUTURE LAND USE ELEMENT OF THE CITY OF
SOUTH MIAMI COMPREHENSIVE PLAN TO CHANGE
THE FUTURE LAND USE DESIGNATION OF PARCELS
CURRENTLY DESIGNATED "MIXED-USE
COMMERCIAL-RESIDENTIAL", "RESIDENTIAL /
LIMITED COMMERCIAL", "BUSINESS OFFICE", "PARKS
AND OPEN SPACE", "MULTI-FAMILY RESIDENTIAL",
"TOWNHOUSE RESIDENTIAL", "SINGLE FAMILY
RESIDENTIAL", "HOSPITAL", AND "PUBLIC
INSTITUTIONAL" TO THE "TRANSIT-SUPPORTIVE
DEVELOPMENT" DESIGNATION; PROVIDING FOR
TRANSMITTAL; 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 furtherance of such authority; and
WHEREAS, through the Community Planning Act, codified in Part II, Chapter 163,
Florida Statutes, the Florida Legislature requires that municipalities adopt comprehensive plans
and that such plans be amended as part of a continuous and ongoing local planning process; and
WHEREAS, the City of South Miami Comprehensive Plan was originally adopted on
January 18,1989, pursuant to Ordinance No. 03-89-1418, and was last amended by Ordinance No.
23-24-2508 adopted on October 1, 2024; and
WHEREAS, Sections 163.3184, Florida Statutes, provides mechanisms for local
governments to consider amendments to their adopted comprehensive plans; and
WHEREAS, Section 163.3184(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-
Supportive Development (TSD) is intended to provide for multi-story and mixed-use commercial
and residential developments that align with transit-supportive principles as established in the
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Ord . No. 07-25-2520
City's Land Development Code, including standards for permitted heights, densities, and
intensities; and
WHEREAS, the City Commission desires to change the future land use map designation
of the parcels currently designated "Mixed-use Commercial-Residential", "Residential/Limited
Commercial", "Business Office", "Parks and Open Space", "Multi-Family Residential",
"Townhouse Residential", "Single Family Residential", "Hospital", and "Public Institutional" to
"Transit-Supportive Development" (the "Proposed Map Amendment"); and
WHEREAS, the Proposed Map Amendment is consistent with the Goals, Objectives, and
Policies of the City's Comprehensive Plan and will support the contemporaneously proposed
zoning map amendment; and
WHEREAS, the Proposed Map Amendment, when evaluated with concurrent legislation
adopting a maximum density within the "Transit Supportive Development" designation, has been
found to meet concurrency standards for the purpose of a Future Land Use Map amendment,
provided that concUlTency determinations are subject to final evaluation at time of site plan
approval pursuant to Section 20-4.1 of the Land Development Code (the "LDC"); 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 of the Proposed Map 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 Proposed Map Amendment on first
reading ; and
WHEREAS, the Commission has conducted a second duly noticed public hearing on the
Proposed Map Amendment as required by law on March 31, 2025 , and 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 con'ect and are incorporated
herein by this reference.
Section 2. Amending the City of South Miami Comprehensive Plan Future Land
Use Map. The City Commission hereby adopts the Proposed Map Amendment to the City of
South Miami Future Land Use Map as indicated on the Map set fOlth in Exhibit "A" attached
hereto, to change the future land use map designation of the parcels currently designated "Mixed-
use Commercial-Residential", "Residential/Limited Commercial", "Business Office", "Parks and
Open Space", "Multi-Family Residential", "Townhouse Residential", "Single Family
Residential", "Hospital ", and "Public Institutional" to "Transit-Supportive Development."
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Ord . No. 07-25-2520
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
(10) working days after first reading/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 conforming 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.
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 thi11y-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 lOth day of December, 2024.
PASSED AND ADOPTED on second reading on the 3pt day of March, 2025.
ATTEST:
CITyc tt Rt
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND EX:277EOF
-WEISS SEROTA HELFMAN COLE
& BIERMAN , P.L.
CITY ATTORNEY
APPROVED :
COMMISSION VOTE :
Mayor Javier Fernandez:
Vice Mayor Brian Corey :
Commissioner Steve Calle:
Commissioner Danny Rodriguez :
Commissioner Lisa Bonich:
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4-0
Yea
Absent
Yea
Yea
Yea
Ord . No. 07-25-2520
EXHIBIT itA"
Proposed Future Land Use Map
_ SW 76th Street
t
FUTURE LAND USE DESIGNATIONS
_ Transit-Supportive Development (TSDD) Multi-Family Residential (MFR)
Downtown SoMi (OS)
Mixed Use Commercial/Residential (MUCR) o Residential/Limited Commercial (RLC) o Mixed Residential Moderate Density (MRMD)
Commercial Retail and Office (CRO) o Bus i ness Office (BO)
_ Hospital (H)
Townhouse Residential (TR)
Duplex Residential (DR) o Single-Family Residential (SFR)
Park and Open Space (POS)
Public and Institutional (PI)
Educational (E)
Religious (R)