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Ord No 08-25-2521ORDINANCE NO. 08-25-2521 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE ZONING MAP OF THE CITY OF SOUTH MIAMI, TO CHANGE THE ZONING OF V ARIOUS PROPERTIES FROM: "TRANSIT-SUPPORTIVE DEVELOPMENT DISTRICT MIXED USE-5 (TSDD MU-5)", "TRANSIT-SUPPORTIVE DEVELOPMENT DISTRICT MIXED USE-6 (TSDD MU-6)", "TRANSIT-SUPPORTIVE DEVELOPMENT DISTRICT MIXED USE -MARKET (TSDD-MUM)" , "TRANSIT-SUPPORTIVE DEVELOPMENT DISTRICT PUBLIC INSTITUTIONAL (TSDD-PI)", "SPECIALTY RETAIL (SR)", "HOMETOWN DISTRICT OVERLAY (HD-OV)", "HISTORIC OVERLAY (HP-OV)", "NEIGHBORHOOD RETAIL (NR)", "LOW DENSITY OFFICE (LO)", "RESIDENTIAL OFFICE (RO)", "PUBLIC INSTITUTIONAL (PI)", "HOSPITAL (H)", "MEDIUM- DENSITY MULTI-FAMILY RESIDENTIAL (RM-24)", "LOW-DENSITY MULTI-FAMILY RESIDENTIAL (RM- 18)", "TOWNHOUSE RESIDENTIAL (RT-6)", "LOW DENSITY SINGLE FAMILY (RS-3)", AND "PARKS AND RECREATION (PR)" TO "TRANSIT SUPPORTIVE DEVELOPMENT DISTRICT (TSDD)"; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami (the "City"), has filed application no. PB-24-027 requesting an amendment to the Official Zoning Map pursuant to Section 20-5.7 of the Land Development Code (the "LDC") to change the zoning designation of various properties from: "Transit-SuppOitive Development District Mixed Use-5 (TSDD MU-5)", "Transit-Supportive Development District Mixed Use-6 (TSDD MU-6)", "Transit-Supportive Development District Mixed Use -Market (TSDD-MUM)", "Transit-Supportive Development District Public Institutional (TSDD-Pi)", "Specialty Retail (SR)", "Hometown District Overlay (HD-OV)", "Historic Overlay (HP-OV),', "Neighborhood Retail (NR)", "Low Density Office (LO)", "Residential Office (RO)", "Public Institutional (PI)", "Hospital (H)", "Medium-Density Multi- Family Residential (RM-24)", "Low-Density Multi-Family Residential (RM-18)", 'Townhouse Residential (RT-6)", "Low Density Single Family (RS-3)", and "Parks And Recreation (PP)" To "Transit Supportive Development District (TSDD)" (the "Proposed Rezoning"); and WHEREAS, the City has contemporaneously requested an amendment to the Comprehensive Plan Future Land Use Map C'FLUM") 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 Page 1 of3 Ord . No. 08-25-2521 Residential", "Townhouse Residential", "Single Family Residential", "Hospital", and "Public Institutional" to "Transit-Supportive Development" (the "Proposed Map Amendment"); and WHEREAS, the Future Land Use Element of the Comprehensive Plan emphasizes development and enhancement of its transit supportive area including the Town Center, and along major cOiTidors 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") designation is intended to provide for multi-story and mixed- use commercial and residential developments that align with transit-suppOitive principles as established in the City's Land Development Code, including standards for permitted heights, densities, and intensities; and WHEREAS, City officials and staff find that the amendment is consistent with the Goals, Objectives, and Policies of the City's Comprehensive Plan and is in compliance with Section 20- 5.7 of the LDC, provided the City Commission (the "Commission") first approves the Proposed Map Amendment; and WHEREAS, the Planning Board, sitting as the City's local planning agency in accordance with Chapter 163, Florida Statutes, reviewed the proposed amendment to the Official Zoning Map at a public hearing on December 3, 2024, provided for public participation in the process, and recommended approval of the amendment by a vote of six 6 -0; and WHEREAS, this Ordinance was duly noticed and presented to the Commission in two readings, with second reading conducted as the public hearing required pursuant to Section 166.041(3), Florida Statutes, and Section 20-5.7, LDC, on March 31, 2025; and WHEREAS, the City Commission finds that this Ordinance is in the best interest and welfare of the City. 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 hue and correct and are incorporated herein by this reference. Section 2. Amending the Official Zoning Map. That the City of South Miami Official Zoning Map is hereby amended as indicated on the Map set forth in Exhibit "A", attached hereto, to change the zoning designation of various properties from "Transit-Supportive Development District Mixed Use-5 (TSDD MU-5)", "Transit-Supportive Development District Mixed Use-6 (TSDD MU-6)", "Transit-Supportive Development District Mixed Use -Market (TSDD-MUM)", "Transit-Supportive Development District Public Institutional (TSDD-Pi)", Page 2 of3 Ord. No. 08-25-2521 "Specialty Retail (SR)", "Hometown District Overlay (HD-OV)", "Historic Overlay (HP-OV)", "Neighborhood Retail (NR)", "Low Density Office (LO)", "Residential Office (RO)", "Public Institutional (PI)", "Hospital (H)", "Medium-Density Multi-Family Residential (RM-24)", "Low-Density Multi-Family Residential (RM-18)", "Townhouse Residential (RT-6)", "Low Density Single Family (RS-3)", and "Parks And Recreation (PP)" to "Transit Supportive Development District (TSDD)." Section 3. Corrections. Confonning language or technical scrivener-type corrections may be made by the City Attorney for any confonning amendments to be incorporated into the final Ordinance for signature. Section 4. Severability. If any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a COUlt of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. 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 6. Implementation. The City Manager is hereby authorized to take any and all necessary action to implement the purposes of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective upon the effective date of the ordinance amending the Comprehensive Plan Future Land Use Map to implement the Proposed Map Change considered contemporaneous with this Ordinance. 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: READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION T EREOF WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. CITY A TIORNEY APPROVED: 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 Page 3 of3 Ord . No. 08-25-2521 . - Exhibit liP{' Proposed Zoning Map Amendment existing zoning district boundaries in black dash lines existing zoning districts labelled in blue type proposed TSDD boundary in purple dash line with area highlighted in purple ... ' •. ,.. sw .. '",:_ • .' ~ ~ ----- • I I PI r-- • RM-1a ,~ ~ t ___ --.,.-----.a ,_~ i-, if iH !til , ; ___ ..L--~"" . • r _ .. _ ......... , I I • , . :-_..... PR I I 't." ,Lo. iU l ' ~ :.-,':".~ r - -.. _ .. -.. r- r-'" -1-... I I " .,: -..= I I -~ - -I J PI ' L_........ _____ -// ... "" :O •• .i I'·, /~ . '" __ r ...... ~ . J RM-14 §.... '\ i i"" .... I I ' 1-. ODD-MUS Q r - - - -• , .. -;/ RO -:-......... 1 ,. JI ,~,,' i , ~D.}tR " Y' ---~-----, ~ !.. '-' . · ... 1 .. . .. 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