Loading...
Ord No 18-25-2531ORDINANCE NO.18-25-2531 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,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,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,Section 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 Page 1 of 4 Ord.No.18-25-2531 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 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 concurrency 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 1 63,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 1 0,2024,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 conducted a second duly noticed public hearing on the Amendment as required by law on March 31,2025,finding the proposed Amendment compliant with state law,necessary,compatible,and in the best interest of the City and community;and WHEREAS,pursuant to Section 163.3184(3)(c)2,adopted amendments must be transmitted to the state land planning agency within ten days of approval on first reading and adoption after second reading;and WHEREAS,although the Amendment was transmitted to the state land planning agency on March 31,2025,the Amendment was not accepted because the City had not yet transmitted its Evaluation and Appraisal Report (“EAR”)-based amendments to its Comprehensive Plan,as required by Section 163.3191,Florida Statutes;and WHEREAS,pursuant to Section 1 63.3184(3)(c)1 ,Florida Statutes,the Commission is required to hold a second duly noticed public hearing within 1 80 days after receipt of agency Page 2 of 4 Ord.No.18-25-2531 comments to consider whether to adopt the proposed comprehensive plan amendments,“unless extended by agreement with notice to the state land planning agency”;and WHEREAS,the state land planning agency acknowledged an extension of the 180- deadline to October 15,2025,meaning the Amendment is still within its window for adoption and transmittal;and WHEREAS,on July 29,2025,the City Commission held a public hearing to consider the EAR-based amendments as required by Section 163.3191,Florida Statutes,on first reading and approved them for transmittal,which transmittal was timely accomplished;and WHEREAS,following approval and transmittal of the EAR-based amendments,the City desires to cure the procedural irregularity and hold a new second reading and duly noticed public hearing to consider and readopt the Ordinance;and WHEREAS,the City Commission reiterates its previous finding that 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 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 forth 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.” 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 163.3 184,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. Page 3 of 4 Ord.No.18-25-2531 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 (3 1 )days after receipt of a notice of completeness from the state land planning agency,as set forth in Section 1 63.3 1 84(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 1 63.3 1 84(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 1 0lh day of December,2024. PASSED AND ADOPTED on second reading on the 5th day of August,2025. ATTEST: CITY READ AND APPROVED AS TO FORM, LANGUAGE,LEGALITY AND WEISS SEROTA HELFMAN COLE &BIERMAN,P.L. CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE:4-0 Mayor Javier Fernandez:Yea Vice Mayor Brian Corey:Yea Commissioner Steve Calle:Yea Commissioner Danny Rodriguez:Yea Commissioner Lisa Bonich:Absent Page 4 of 4 TSDD Staff Report – Planning Board Second Review 3 December 2024 1 EXHIBIT “A” Proposed Future Land Use Map FUTURE LAND USE DESIGNATIONS Transit-Supportive Development (TSDD) Multi-Family Residential (MFR) Downtown SoMi (DS) Townhouse Residential (TR) Mixed Use Commercial / Residential (MUCR) Duplex Residential (DR) Residential / Limited Commercial (RLC) Single-Family Residential (SFR) Mixed Residential Moderate Density (MRMD) Park and Open Space (POS) Commercial Retail and Office (CRO) Public and Institutional (PI) Business Office (BO) Educational (E) Hospital (H) Religious (R) Religious (R) SW 71st St. 6 Subject: Suggested Action: Meeting Date:August 5, 2025 Submitted By:Nkenga Payne Submitted Department:Planning & Zoning Department Item Type:Ordinance Agenda Section:ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) 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. 4/5 (CITY COMMISSION) Agenda Item No. 8. CITY COMMISSION Agenda Item Report Attachments: Aug 5-Ordinance_Amending_Comprehensive_Plan_-_TSD_FLUM_Change_-_Readoption 2R.docx Exhibit A - FLUM_Map_Exhibit_A-R2-5LHL1R1__2_.docx TSDD FLUM and TSDD Density_CC_Staff_Report_-_3-26-2025.docx TSDD ESR - Florida Commerce.pdf TSDD ESR - Florida Commerce - 2.pdf TSDD ESR - Florida Commerce - 3.pdf TSDD ESR - South Florida Regional Planning Council.pdf TSDD ESR - South Florida Regional Planning Council - Agenda.pdf Aug_5-Memo_Re_FLUm_Amendment (2).docx Ad.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO: The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM: Genaro “Chip” Iglesias, City Manager DATE: March 31, 2025 SUBJECT: An ordinance amending the City of South Miami Comprehensive Plan, Future Land Use Element, an ordinance amending the City of South Miami Comprehensive Plan, Future Land Use Map, and an ordinance amending the City of South Miami Zoning Map – Combined Staff Report ___________________________________________________________________________ RECOMMENDATION: City staff has reviewed the amendments for consistency with applicable criteria, and no state agency or local government has provided comments that there will be any adverse effects to resources within their respective jurisdictions by the adoption of the proposed amendments to the City of South Miami Comprehensive Plan, Future Land Use Element, and Future Land Use Map (FLUM). The City of South Miami Zoning Map implements the FLUM and has been amended consistent with it. The Zoning Map has also been reviewed by City staff and found to be consistent with applicable criteria. Staff recommends adoption of the amendment of: 1) the City of South Miami Comprehensive Plan, Future Land Use Element; 2) the City of South Miami Future Land Use Map; and 3) the City of South Miami Zoning Map. BACKGROUND: The South Miami Future Land Use Element and Future Land Use Map amendments were transmitted to the Florida Department of Commerce, other State reviewing agencies, and required local governments on December 20, 2024 for expedited review processing. Agencies are required to reply to the local government (South Miami) within 30 days of transmittal (January 19, 2025) if they have comments relating to adverse impacts on important State resources within their jurisdiction. On January 17, 2025, a letter of response was received from the State land planning agency, Florida Department of Commerce, Bureau o f Planning and Growth, affirming that it had no comments, and on March 17, 2025, the South Florida Regional Planning Council provided a response stating that in review of consistency with the Strategic Regional Policy Plan for South Florida, the amendment does not cause any adverse impact. No comments were received from other reviewing agencies, and it is deemed that such agencies and local governments have no comments. The City of Miami Commission may choose to adopt the proposed Comprehensive Plan amendments within 180 days of the receipt of agency comments and subsequently may choose to adopt the proposed City Zoning Map amendment to implement the proposed Future Land Use Map. 7 South^'Miami THE CITY OF PLEASANT LIVING TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 2 of 24 This is a combined staff analysis for the Comprehensive Plan and zoning amendments. The amendments, together have the effect of more equally distributing transit-supportive development from its current geography on the northwest side of the South Miami Metrorail Station separated by a major urban highway, to support well -scaled mixed-use, transit- supportive redevelopment on the southeast side of the station, in effect completing the transit - oriented walkshed circle. While doing this, the Policy amendment has created a land development regulation that more precisely manages residential density from the existing form- based concept that can allow for extremely high densities, to one that distributes residential development density more logically throughout the district to levels that are consistent with the community-level heavy-rail station and more compatible with the surrounding communities. The result is that while the map amendment doubles the area of the TSDD to include the whole radius around the station, the potential number of residential units is decreased and provides for more logical growth and transition. PUBLIC PROCESS: The more immediate and tangible outcomes of zoning regulation stimulate vigorous public involvement, and these comprehensive plan amendments have benefitted by presentation, discussion, and multiple re-analyses as Land Development Regulations through a twelve-month process of well-attended meetings with heartfelt and focused public comment from the City’s citizens, stakeholders, City board members, and elected officials through a process that encompassed 11 public meetings to amend the TSDD land development regulations. The meetings are listed in the table below. Advertised Public Meeting Date Location TSDD Comprehensive Plan Amendments TSDD Zoning Text Amendments Workshop – initial TSDD recommendations February 6, 2024 City Hall ✔️ ✔️ Workshop – properties in Hometown District February 20, 2024 City Hall ✔️ ✔️ Workshop – subdistricts, heights, densities April 2, 2024 City Hall ✔️ ✔️ South Miami Planning Board - Zoning August 13, 2024 City Hall ✔️ South Miami Commission – Zoning, 1st Reading September 3, 2024 City Hall ✔️ Workshop - subdistricts, heights, densities September 26, 2024 City Hall ✔️ ✔️ Workshop – stakeholder issues October 15, 2024 City Hall ✔️ ✔️ South Miami Commission – Zoning, 2ndReading September 3, 2024 City Hall South Miami Planning Board, all amendments December 3, 2024 City Hall ✔️ ✔️ South Miami Commission, approve transmittal of comprehensive plan amendments. December 10, 2024 City Hall ✔️ ✔️ South Miami Commission, approve adoption of comprehensive plan amendments. March 31, 2025 City Hall ✔️ ✔️ 8 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 3 of 24 LAND DEVELOPMENT REGULATION AMENDMENTS: The term Land Development Regulations (LDR) refers to the entire body of regulations use to define and regulate land development in the City, and includes policies of the City’s adopted Comprehensive Plan, and the adopted elements of the zoning code that implement the Comprehensive Plan. The recommended changes to the LDR require amendment to the City’s adopted Comprehensive Plan Land Use Element, which is made up of adopted goals, objectives and policies that are akin to the City’s constitution for land development and policy, and a Future Land Use Map (FLUM) that also is the policy for land development with which the LDR must be consistent. The Comprehensive Plan is required by and maintained in accordance with the State of Florida Growth Management Act, specifically Florida Statutes Chapter 163, Part II “Growth Policy; County and Municipal Planning; Land Development Regulation”. The status of the comprehensive plan and its relationship between the zoning code and the comprehensive plan is defined by Sections 163.3194, 163.3201, and 163.3203 which in sum state the aforementioned constitutional character of the comprehensive plan for land development, and that the zoning code is the legal implementation of the comprehensive plan policies, and must be based on, related to, and the means of implementation for an adopted comprehensive plan. The Growth Management Act provides for three processes to amend the compre hensive plan: 1) “Coordinated State Review” for Evaluation and Appraisal Report (EAR) based amendments (Sec. 163.3184(4)), 2) “Expedited State Review” (Sec. 163.3184(3)), and 3) “Small Scale Amendments” (Sec. 163.3187). The comprehensive plan amendments proposed here relate to more than a single contiguous land area of less than fifty acres; therefore, the process for these Comprehensive Plan Amendments will be under the “Coordinated State Review” process. The procedures that have been performed toward implementing changes in land use designation, land use policy, zoning regulations and companion zoning designation are in accordance with State Statutes and pursuant to the procedures and requirements in Section 20 - 5.6 and Section 20-5.7 of the City of South Miami Land Development Code. Although the changes are of one effort, to follow required procedures, they are necessarily enacted by the adoption of three separate ordinances that together have the effect to meet the redevelopment intent, with the text amendments for the TSDD zoning already adopted in form that is fully compatible with the Comprehensive Plan policy. 1. 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 transmittal; corrections; severability; conflicts; implementation; and an effective date. 9 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 4 of 24 2. 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. 3. An ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Zoning Map of the City of South Miami, to change the zoning of various properties from: “Transit-Supportive Development District Mixed Use-5 (TSDD MU- 5)”, “Transit-Supportive Development District Mixed Use-6 (TSDD MU-6)”, “Transit- Supportive Development District Mixed Use – Market (TSDD-MUM)”, “Transit-Supportive Development District Public Institutional (TSDD-PI)”, “Specialty Retail (SR)”, “Hometown District Overlay (HD-OV)”, “Historic Overlay (HP-OV)”, “Neighborhood Retail (NR)”, ”Low Density Office (LO)”, “Residential Office (RO)”, “Public Institutional (PI)”, “Hospital (H)”, “Medium-Density Multi-Family Residential (RM-24)”, “Low-Density Multi-Family Residential (RM-18)”, “Townhouse Residential (RT-6)”, “Low Density Single Family (RS-3)”, and “Parks and Recreation (PR)” to “Transit Supportive Development District (TSDD)”; providing for corrections; severability; conflicts; and an effective date. The ordinances are all applied for by the City of South Miami. To effectuate the changes to the Transit-Supportive Development District, the comprehensive plan test and map ordinances will be adopted first, with the adoption hearing of the zoning map amendment being adopted 10 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 5 of 24 sequentially after successful adoption of the comprehensive plan amendments on March 31, 2025. This is a combined staff analysis for the Comprehensive Plan and zoning amendments. COORDINATED STATE AND AGENCY REVIEW: The South Miami Future Land Use Element and Future Land Use Map amendments were transmitted on December 20, 2024 for expedited review processing to the State land planning agency, and the required reviewing agencies and local governments. The submittals were made electronically through the Florida Commerce electronic amendment submittal portal “Comprehensive Plan and Amendment Upload” (https://fldeo.my.salesforce-sites.com/cp/). Agencies are required to reply to the local government (South Miami) within 30 days of transmittal (January 19, 2025) if they have comments relating to adverse impacts on important State resources within their jurisdiction. On January 17, 2025, a letter of response was received from the State land planning agency, Florida Department of Commerce, Bureau of Planning and Growth, affirming that it had no comments. No other comments were receiv ed from other reviewing agencies. It is deemed that such agencies and local governments have no comment. Agency /Local Government Contact Finding Florida Department of Commerce, Bureau of Community Planning and Growth Caldwell Building, 107 East Madison - MSC 160 Tallahassee, Florida 32399-4120 Phone: 850-717-8483 The Department of Commerce provided a letter of response on January 17, 2025, stating that, “Florida Commerce has no comment on the proposed amendment (No. 24-02 ESR) South Florida Regional Planning Council (SFRPC) Oakwood Business Center One Oakwood Boulevard, Suite 221 Hollywood, Florida 33020 Phone: 954-985-4416 The South Florida Regional Planning Council provided a response on March 17, 2025 stating that in review of consistency with the Strategic Regional Policy Plan for South Florida, the amendment does not cause any adverse impact to state or regional resources/facilities. South Florida Water Management District (SFWMD) Water Supply Coordination Unit 3301 Gun Club Road, MSC 4223 West Palm Beach, Florida 33406 Phone: 561-682-6779 No response provided. Deemed as no comment. Florida Department of Transportation (FDOT), District Six Planning & Environmental Management Florida Dept. of Transportation - District 6 1000 NW 111 Avenue, Room 6111-A Miami, Florida 33172 Phone: 305-470-5393 No response provided. Deemed as no comment. Florida Department of Environmental Protection (DEP) Office of Intergovernmental Programs 3900 Commonwealth Boulevard, MS 47 Tallahassee, Florida 32399 Phone: 850-717-9037 No response provided. Deemed as no comment. Florida Department of State (DOS) Bureau of Historic Preservation 500 South Bronough Street Tallahassee, Florida 32399-0250 Phone: 850-245-6496 No response provided. Deemed as no comment. Florida Fish and Wildlife Conservation Commission Farris Bryant Building 620 S. Meridian Street Tallahassee, Florida 850-488-4676 No response provided. Deemed as no comment. Florida Department of Education Office of Educational Facilities 325 West Gaines Street, Suite 1014 Tallahassee, Florida 32399-0400 Phone: 850-245-9296 No response provided. Deemed as no comment. 11 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 6 of 24 Agency /Local Government Contact Finding Miami-Dade County Regulatory and Economic Resources 111 NW 1st Street, 12th Floor Miami, Florida 33128 Phone: 305-375-2835 No response provided. Deemed as no comment. City of Coral Gables Coral Gables City Hall, 405 Biltmore Way Coral Gables, Florida 33134 Phone: 305-460-5235 No response provided. Deemed as no comment. Village of Pinecrest 12645 Pinecrest Parkway Pinecrest, Florida 33156 Phone: 305-234-2133 No response provided. Deemed as no comment. NEED FOR THE AMENDMENTS: The South Miami Hometown and Commercial Lands Rezoning began on November 22, 2022, with public workshops and stakeholder meetings that followed shortly after the kick -off. The South Miami downtown is prominently located in South Dade at the confluence of a South Miami Metro Rail station, South Dixie Highway (US-1) the only major urban arterial that serves all of the eastern tier of South Miami-Dade County, and two major County section-line roads, Red Road (SW 57th Avenue) and Sunset Drive (SW 72nd Street) with Sunset Drive also being the main street for the South Miami downtown. The 160-acre rectangle of land illustrated below and referred to as the South Miami Downtown is the initial motivation for this study. Since 2019, with the catalyst of the COVID-19 Pandemic and the ensuing confluence of in- migration to South Florida, working from home, and shopping from home, the land development market has diminished its prior demand for common goods retail space, and general professional office space, and in place of this, great demands for affordable, workforce, and market rate housing have risen. As part of the rise in the demand for housing, the residential lifestyle component has risen for compact mixed-use developments near alternative mobility access, with flexible workspaces, visitor spaces, and flexible retail focused on a combination of placemaking activities (food & beverage, specialty retail, entertainment) with daily needs to accommodate residents within a walking distance. The chief intent of the rezoning study is to respond to these trends for mixed -use programming in transit-oriented development areas and revitalize the South Miami Downtown for long -term social, environmental, and economic sustainability. Before the study proceeded, realizing that the other commercial areas of the City were subject to similar market forces and the need to shift and revitalize, the South Miami Commission determined and resolved to expand the geographic scope of the study to extend to the other commercial corridors of the City, including Bird Road, Red Road north and south of Downtown, Sunset Drive west of Downtown, and SW 62nd Avenue to the northwest of Downtown. Responding to the background conditions, the need for the amendments is focused on addressing a balance between growth, compatibility, and orderly development, and are expressed as five key concepts: 1. Flexibility in responding to dynamic development markets and investment 12 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 7 of 24 2. Directing density toward infrastructure, specifically the South Miami Metrorail Station 3. Responding to the need for affordable, workforce and market-rate housing 4. Compatibility of intensification to transition to the existing neighborhoods of South Miami 5. Simplification and predictability of regulations to attract investment among comparative opportunities in South Dade. Market Response Flexibility: The land development regulations must also remain flexible and remain relevant to continuously changing markets in the nature and proportion of commercial space, residential space, and the interaction between them. These support zoning text changes accomplish this by: 1. Establishing generalized commercial use categories to replace the long list of incomplete and obsolete enumerated permitted uses. 2. Establishing parking requirements that are coordinated with land use and incorporate reductions for mixed-use, transit proximity and increased pedestrian and bike travel. 3. Establishing a live-work permitted use that provides for as-of-right live-work with building design requirements to provide greater functionality than home-offices. Directing Density Toward Infrastructure: An organized and predictable pattern of development is necessary for sustainable growth. The basis of the organization and predictability is to assure that there is sufficient infrastructure where density and intensity are increased to support additional units of development. Along with density and intensity increases, strategies will be used to align demands and cap acities for infrastructure. 1. Direct the highest densities and intensities to be generally within ¼ mile of the South Miami Metro Rail Station, using full blocks for clarity and consistency. Density and intensity in the TSDD are generally controlled by permissible building heights. 2. Locate the next highest densities and intensities to be generally within ½ mile of the South Miami Metrorail station. 3. Establish a transition area at the edges of the TSDD that lowers permissible building height and commercial uses wherever the district is adjacent to existing neighborhoods. 4. Enable zoning provisions that provide development bonuses for developer -contributed on-site improvements to the public realm and public benefits (such as affordable and workforce housing), or provision of off-site public benefits contributions. Respond to Housing Needs: The Miami-Dade Residential Land Supply / Demand Analysis determines the adequacy of the existing capacities to accommodate projected growth. According to this analysis, South Dade is depleted of land available for single-family homes and will have no more land available for the development of multi-family homes in 2036, even though demand remains high. The analysis summarizes a dire situation when combined with the great emphasis th at 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 13 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 8 of 24 policies and transit-supportive development concepts, resulting in the understanding that the demand for single-family homes signals demand for more multifamily residential. The intent of the zoning amendments envisions development that better leverages the locational relationship of the South Miami Downtown to Metrorail and mobility alternatives, and the fine grain network of walkable streets that defined the Downtown. Compatibility: The essential quality of South Miami’s neighborhoods that continues to retain residents and attract new residents to its single-family neighborhoods is that it is a quiet place to live, with a variety of housing types on small and large lots that is still central to the South Dade b usiness, entertainment, and shopping centers, to the major thoroughfares, and all within 20 to 15 minutes of the Miami International Airport. Paramount in importance to these zoning amendments is to maintain and reinforce compatibility with the City’s existing single-family neighborhoods while also stimulating market-responsive redevelopment. The amendments achieve compatibility through mechanisms of: appropriate transitions in use and scale that adhere to the basic principles of encouraging quality pedestrian design, calibrated parking, green space, minimized curb cuts (increases walkability) and asphaltic surface parking, and carefully formed building heights, setbacks, step-backs and frontage to keep massing that achieves compatibility to both sides of the transition areas. Building height and mass allowances, people-oriented open space, urban street grid, parking and architectural interest and quality are the defining components of a quality downtown and transit-supportive district that people experience. The most salient feature is the focus on urban development intensity and density that is commensurate with the objective to support Miami-Dade County and City of South Miami goals for transit-supportive development within the walkshed of Metrorail stations. Four of the defining components address density and intensity: building height and mass, open space, the urban street grid, and parking. The proposed regulations support these objectives by permitting greater height toward US-1 with transitions to the edge of the district; as well as transitions to respect the historic “Main Street” character of Sunset Drive. The regulations provide for calibrated open space, complete the pedestrian circulation, and provide urban, transit-supportive calibrated parking requirements. TSDD MAP CHANGES: The Transit Supportive Map Changes for both the Future Land Use Map and the Zoning Map are summarized below. The FLUM and Zoning map boundary changes are companion amendments and are geographically congruent, coinciding exactly when superimposed. The FLUM and Zoning Map changes are shown in the following maps, with summary areas and development impact summarized in the table following the maps. 14 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 9 of 24 Existing Future Land Use Map Excerpt for TSDD Map Amendments FUTURE LAND USE DESIGNATIONS Transit-Supportive Development (TSDD) Multi-Family Residential (MFR) Downtown SoMi (DS) Townhouse Residential (TR) Mixed Use Commercial / Residential (MUCR) Duplex Residential (DR) Residential / Limited Commercial (RLC) Single-Family Residential (SFR) Mixed Residential Moderate Density (MRMD) Park and Open Space (POS) Commercial Retail and Office (CRO) Public and Institutional (PI) Business Office (BO) Educational (E) Hospital (H) Religious (R) Religious (R) SW 71st St. 15 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 10 of 24 Proposed Future Land Use Map Excerpt for TSDD Map Amendments 16 FUTURE LAND USE DESIGNATIONS Transit-Supportive Development (TSDD) Downtown So Mi (DS) Mixed Use Commercial /Residential (MUCR) Residential /Limited Commercial (RLC) Mixed Residential Moderate Density (MRMD) Commercial Retail and Office (CRO) Business Office (BO) Hospital (H) Multi-Family Residential (MFR) Townhouse Residential (TR) Duplex Residential (DR) Single-Family Residential (SFR) Park and Open Space (POS) Public and Institutional (PI) Educational (E) Relieious(R) TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 11 of 24 Zoning Map Excerpt for TSDD Map Amendments existing zoning district boundaries in black dash lines existing zoning districts labeled in blue type proposed TSDD boundary in purple dash line with areas highlighted in purple 17 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 12 of 24 TSDD Map Amendment General Impact Summary Regulation Existing FLUM and Text Amendments TSDD Land Area 54.89 acres 112.97 acres Comprehensive Plan Future Land Use Map Designation Transit Supportive Development D. 54.89 ac. Mixed-Use Commercial-Residential 27.74 ac. Residential / Limited Commercial 1.65 ac. Business Office 0.96 ac. Parks and Open Space 3.13 ac. Multi-Family Residential 17.87 ac. Townhouse Residential 1.10 ac. Single-Family Residential 2.25 ac. Hospital 0.88 ac. Public Institutional note 1 2.50 ac. Transit Supportive Development District General Uses Mixed Use Commercial Residential Permissive Mixed Use FAR: Transit Supportive Development: not regulated Mixed-Use Commercial Residential: 1.60 Residential / Limited Commercial: 1.60 Business Office: 1.60 Parks and Open Space: not applicable Multi-Family Residential: not applicable Townhouse Residential: not applicable Single-Family Residential: not applicable Hospital: not applicable Public Institutional: not applicable FAR not directly regulated (FAR is the product of building coverage and number of floors, less parking and open space requirements) Density (maximum) Transit Supportive Development: not regulated Mixed-Use Commercial Residential: 24 DU/ac. Residential / Limited Commercial: 24 DU/ac. Business Office: not applicable Parks and Open Space: not applicable Multi-Family Residential: 24 DU/ac. Townhouse Residential: 8.26 DU/ac. Single-Family Residential: 7.21 DU/ac. Hospital: not applicable Public Institutional: not applicable 200 DU/acre with bonuses in TODA and TSDA subdistricts 150 DU/acre without bonuses in TODA and TSDA subdistricts 100 DU/acre in TSNA Residential Units at Maximum Density (note 2) TSDD MU-5 29.15 acres 7,288 D.U. TSDD MU-6 12.99 acres 5,130 D.U. TSDD MUM 1.86 acres 531 D.U. TSDD PI 3.86 acres 1,523 D.U. TSDD PUD-M 7.02 acres. 1,756 D.U. TOTAL RESIDENTIAL UNITS 16,228 D.U. TSDD TODA & TSDA 76.01 ac. 15,202 D.U. TSDD TSNA 19.51 ac. +1,951 D.U. Less Residential & MU changed to TSDD: replaced MUCR. 27.74 ac. - 665 D.U. replaced RLC 1.65 ac. - 39 D.U. replaced MFR 17.87 ac. - 428 D.U. replaced TR 1.10 ac. - 16 D.U. replaced SFR 2.25 ac. - 13 D.U. TOTAL RESIDENTIAL UNITS 15,992 D.U. Note 1: Public Institutional land that is changed to TSDD-TSDA land in comprised of County owned housing for the elderly, and for the purpose of estimating housing unit impacts, is classified as Multi-Family Residential. Note 2: Density estimation for form-based existing TSDD policy: Residential density is estimated by maximum building coverage and height regulations for the purpose of determining development unit build-out potential. Maximum number of floors are used with attainable zoning bonus allocations, and the first floor is discounted from residential use. Floor heights are 12 stories for TSDD MU-5 and TSDD PI, 8 stories for TSDD MU-6, 9 stories for TSDD-MUM, with respective maximum densities at 250, 395, and 285 DU/ac. The average dwelling unit is estimated at 700 sq. ft, plus 10% common area, plus parking area at 450 sq. ft for 1-½ spaces, for a total of 1,220 per DU. Deductions for existing residential designation areas hanged to TSDD-TSNA are by maximum density for MFR, actual units for TR, and actual lots platted for SFR. 18 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 13 of 24 TSDD ZONING DISTRICT AND SUBDISTRICTS: The Transit Supportive Development District (TSDD) is divided into three subdistricts:  Transit Oriented Development Area (TODA) which is the most intense area, nearest the South Miami Metrorail Station, and consists generally of the existing TSDD MU-6 and TSDD-PI areas. The TODA shall not be located where it is abutting or adjacent tot and single -family zoning district.  Transit Supportive Development Area (TSDA) which is the general walkshed from the South Miami Metrorail Station, and consists generally of the existing TSDD MU-5 and TSDD-P areas. The TSDA shall not be located where it is abutting or adjacent to and single-family zoning district.  Transit Supportive Neighborhood Area (TSNA) which is a limited height, residential area to transition from the TSDA to adjacent neighborhoods. The map below shows intended remapping of the Hometown Overlay Area, and remapping of multi-family residential areas to the TSNA subdistrict. 19 Transit Supportive Development District (TSDD)Subdistricts Transit Oriented Development Area (TODA) Transit Supportive Development Area (TSDA) Transit Neighborhood Supportive Area (TSNA) Sunset Drive ;sW72^Stre^ ith Street TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 14 of 24 RESIDENTIAL DENSITY: The existing Transit Supportive Development District (TSDD) when originally adopted was written as a form-based code in which the intensity and density of development is controlled by building height and massing, and allows for unlimited density and intensity, up to what will fit within their building envelopes. Whereas height, open space and grid size are what people experience, Floor Area Ratio (FAR) and Residential Density (dwelling units per acre) are also tools for a pedestrian, transit- oriented district to be activated and be sustainable. Development is generally limited by the most restrictive of 1) intensity and density controls, 2) building shape and form limits, and 3) parking. Ideally, they should provide similar control in similar instances; however, since many aspects of building and development do not scale similarly, one or the other of the metrics tends to control development, especially as development site areas vary. State legislative changes that include pre-emptive zoning directives regarding height and density in residential projects that include affordable and workforce housing have shed light on unintended consequences that may arise from the form-based approach. To address these, the amendment of the Transit Supportive Development District now includes a maximum residential density that is calibrated to provide density that compares closely to form regulations and does not reduce density from what has been approved based on form and height only. The establishment of a maximum density limit will also improve important land use planning concepts, including:  Establishment of a logical land use pattern  Transition to neighborhoods to control traffic impact, and  More predictive concurrency planning The density maximums have been determined by peer review and prior approvals in the TSDD. These include: Sunset Place 33-story mixed-use 150 DU/acre SoMi - Winn Dixie 9-story mixed-use 149 DU/acre 6075 Sunset Drive 10-story mixed-use 196 DU /acre Coral Gables MX-1 and MX-2 6, 8 stories 125 DU/acre M-D RTZ Community Center 15 stories 125 DU/acre M-D RTZ Metropolitan Center 25 stories 250 DU /acre M-D RTZ Regional Center stories per code 500 DU/acre 20 CODE DEFINES DEVELOPMENT TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 15 of 24 COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT POLICY 1.1.1. AMENDMENT: FLUE Policy 1.1.1 Future Land Use Categories Transit-Supportive Development (TSDD) The Transit-Supportive-Development Future Land Use designation is intended to provide for the development of commercial uses and residential uses as permitted by the Transit -Supportive Development Districts in the City’s Land Development Code in multi-story and mixed-use projects that are characteristic of transit-supportive developments. Permitted residential density shall not exceed 200 dwelling units per acre, except for areas that are designated as Transit Supportive Neighborhood Areas (TSNA) that are established as transitional areas to existing residential neighborhoods, for which the TSNA areas shall not exceed 100 dwelling units per acre. Residential densities in the TSDD shall be further limited as set forth in the implementing Land Development Code. Permitted heights and intensities shall be set forth in the Land Development Code, including design standards. Zoning regu lations shall encourage development within the TSDD land use category in conjunction with limiting new development within the Special Flood Hazard Area and other environmentally sensitive areas. The City shall pursue incentive programs for redevelopment including higher densities, flexible building heights and design standards to ensure the development of responsible, effective and aesthetically pleasing projects. Properties within the TSD, or aggregations of properties within TSDD, any part of which is loc ated directly across a roadway from the South Miami Metrorail Station property, are considered as within the Transit Oriented Area, which may be eligible for incentives provided by statute, if any. Zoning Compatibility: The TSDD includes in Section 20-8.4(C), the maximum residential density limits for the TSDD zoning district. The section reads as: “Density. The number of residential units are limited to as many units as can be constructed within the building form and height requirements of Section 20-8.8 with parking as required by Section 20-8.6, and all other applicable code requirements, such that the residential density is at or less than the requirements of the following table below.” Residential Density TSNA TSDA TODA Maximum Residential Density 100 DU/acre 150 DU/acre 150 DU/acre Maximum for a development that has been awarded development bonus floors in accordance with Section 20-8.8 not applicable 200 DU/acre 200 DU/acre 21 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 16 of 24 AMENDMENT ANALYSIS CRITERIA: The following is the City of South Miami Planning Staff review of the text and map amendments to the City of South Miami Comprehensive Plan, Future Land Use Element, and amendment to the City of South Miami Zoning Map. The City’s Land Development Regulations (LDR) do not include specific enumerated criteria and standards for reviewing the zoning amendment. This professional planning staff review uses generally accepted, professional, and objective criteria that are consistent with State of Florida Growth Management statutes and are similar to and based on Miami-Dade County criteria in which the City of South Miami is located. Criterion 1: Consistent with the Adopted Comprehensive Plan This analysis responds to the zoning amendment changes to support redevelopment of the City’s transit-supportive, walkable downtown core, ensure an orderly pattern of compatible development, protect the City’s established single-family neighborhoods, respond to the need for housing, and provide flexibility for development to respond to changing social and economic trends. Criterion: Whether the zoning amendment is consistent with the City’s adopted Comprehensive Plan. Analysis: The specific goals, objectives and policies of the City of South Miami adopted Comprehensive Plan that are relevant to the proposed zoning amendment are listed below (in italicized typeface), with an evaluation for each policy in black typeface. Each policy is evaluated as:  Supportive: the proposed amendment directly furthers the policy in a measurable or otherwise material way  Consistent: the proposed amendment does not further the policy as above and does not countervail or reduce it.  Not Consistent: the proposed amendment directly countervails the policy. FLU OBJECTIVE 1.1 Future Land Use and Land Development Code Coordination The City shall implement its Future Land Use Plan Map and land use categories through its Land Development Code. Uses that are inconsistent with the community character as set forth on the Future Land Use Map and land use categories shall be eliminated with proper respect for the vested rights of property owners. Amortization shall not be used to implement this objective. Supportive: The proposed zoning amendments delete obsolete uses and modify the intent, descriptions, and criteria of several future land use categories in Policy 1.1.1. Vested rights have not been abrogated. FLU Policy 1.1.2 The City shall periodically review and, as appropriate, revise its land development regulations in order to: eliminate inconsistencies with the Comprehensive Plan and other goals contained in City-adopted documents. Public input on the revisions 22 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 17 of 24 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 in order to ensure that such development and redevelopment is compatible with the surrounding neighborhood; provide for appropriate incentives and bonuses, and; evaluate the costs and benefits of existing incentives and bonuses. Supportive: The proposed amendments have been developed with public input, discussed at a Commission workshop and presented at public hearing, and are developed to provide a framework for future map changes that enhance an orderly pattern of compatible development. FLU Policy 1.1.3 In reviewing proposed amendments to this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant. Supportive: The proposed amendments ensure an appropriate transition to the Sunset Drive Corridor and promote pedestrian-friendly, mixed-use development. The amendments protect the existing neighborhoods at the edge of the TSDD with appropriate transition in residential density of mixed uses. FLU Policy 1.1.4 There shall be no additional intrusion of retail or business uses into residential areas designated on the Future Land Use Map. Business office land use zoning regulations shall contain provisions to protect the quality of life in adjacent single- family residential neighborhoods. Supportive: The compact mixed-use development that the amendments provide for, fosters a compact downtown that supports the goal of reducing encroachment to residential neighborhoods at the edges of the downtown area. FLU Policy 1.1.7 Discourage urban commercial sprawl by promoting growth in the core area surrounding the Metrorail Transit Station by creating a district for new growth which is contained and transit-oriented, thereby relieving the pressure for commercial rezonings outside of this core area. Supportive: The proposed amendments are developed to provide a framework for future zoning map changes that enhance development of a walkable, mixed-use core around the South Miami Metrorail Station, and enhance the transition into the existing residential areas. 23 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 18 of 24 FLU OBJECTIVE 1.3 Public Facilities Assure adequate public facilities to serve new development. FLU Policy 1.3.1 The development code includes language that continues to require that developers shall provide drainage, sewer connections and other public facilities as feasible in conformance with level-of-service standards and concurrent with the development. Development permits shall be conditioned on the provision of such facilities. Consistent: The amendments do not abrogate the provision of adequate infrastructure. FLU Policy 1.3.3 The City of South Miami, through the Land Development Code will coordinate the land uses and future land use changes with the availability of water supplies and water supply facilities. Consistent: The amendments do not abrogate existing requirements for the provision of adequate water supply infrastructure. FLU OBJECTIVE 1.4 Innovative zoning Maintain and review a revised Land Development Code that includes innovative zoning techniques relative to the transition between residential and non- residential districts. FLU Policy 1.4.1 The City shall utilize volumetric studies and mixed land use zoning categories to achieve creative development in the transition areas between commercial and residential land uses. Supportive: The amendments have considered volumetric studies toward evaluating compatibility. FLU OBJECTIVE 1.6 Increase Community Resiliency Increase Community resiliency through land use and built environment decisions. FLU Policy 1.6.1 The City of South Miami shall encourage greener, more energy-efficient and climate resilient construction practices by: a) requiring that the construction or renovation of City-owned facilities meets Florida Green Building Coalition, US Green Building Council Leadership in Energy and Environmental Design (LEED), or other acceptable commercial building standards; b) encouraging commercial developers and builders to require that the construction or renovation of commercial facilities meets Florida Green Building Coalition, US Green Building Council Leadership in Energy and 24 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 19 of 24 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. Supportive: The TSDD amendments provide a bonus program that incentivizes the construction of buildings to progressively higher LEED certifications, or their equivalent. The FLUM amendment extends these requirements to the lands on the southeast side of the South Miami Metrorail Station. FLU Policy 1.6.4 The City shall continue to review and evaluate the Land Development Code according to sustainable community development practices, such as those outlined in the criteria recommended by the United States Green Building Council’s Leadership in Energy and Environmental Design for Neighborhood Development (LEED-ND) certification, the Smart Growth Principals developed by Smart Growth America, the case studies of the Urban Land Institute, or by application of a national rating system for local governments, such as the STAR Community Index TM (STAR) and make recommendations on feasible revisions for incorporating increased sustainability. Supportive: The TSDD amendments provide a bonus program that incentivizes the construction of buildings to progressively higher LEED certifications, or their equivalent. The FLUM amendment extends these requirements to the lands on the southeast side of the South Miami Metrorail Station. FLU Objective 1.8 Greenhouse gas reduction strategies The City shall implement greenhouse gas reduction strategies. FLU Policy 1.8.1 In accordance with Section 255.2575, F.S. the City will construct all future municipal buildings to meet the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system, the Green Building Initiative’s Green Globes rating system, the Florida Green Building Coalition standards, or a nationally recognized, high-performance green building rating system as approved by the Florida Department of Management Services. Supportive: The TSDD amendments provide a bonus program that incentivizes the construction of buildings to progressively higher LEED certifications, or their equivalent. The FLUM amendment extends these requirements to the lands on the southeast side of the South Miami Metrorail Station. 25 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 20 of 24 FLU Policy 1.8.2 The City shall review and consider adopting Design Guideline provisions which encourage the use of the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system, the Green Building Initiative’s Green Globes rating system, the Florida Green Building Coalition standards, or a nationally recognized, high-performance green building rating system for both residential and commercial properties. Supportive: The TSDD amendments provide a bonus program that incentivizes the construction of buildings to progressively higher LEED certifications, or their equivalent. The FLUM amendment extends these requirements to the lands on the southeast side of the South Miami Metrorail Station. FLU Policy 1.8.5 The City shall continue to support transit ready commercial and multi -family development along major transportation corridors and the Metrorail corridor. Supportive: The TSDD amendments provides for pedestrian-enhanced, mixed-use development with residential density that is commensurate with the transit supportive area around the South Miami Metrorail Station. The FLUM amendment extends these requirements to the lands on the southeast side of the South Miami Metrorail Station. FLU GOAL 2 HOMETOWN DISTRICT To preserve and enhance the City's Hometown District (as identified in the City’s Land Development Code) by continuing to foster its development and redevelopment as a vibrant, walkable, mixed-use town center as envisioned in the Hometown plans, Community Redevelopment Agency plans, and other plans that may be adopted by the City. FLU Policy 2.1.3 By 2023, the City shall initiate an update to the Hometown District Master Plan. Consistent: These amendments anticipate redesignation of the Hometown District to a Transit Supportive District (TSDD) designation. Refer to the response to Goal 3. FLU GOAL 3 Transit-Oriented Development District (TSDD) Provide for increased int ensity of mixed-use projects and flexible building heights in designated Transit-Supportive Development Districts (TSDD), to the extent that development and redevelopment in these districts does not adversely impact surrounding primarily residential neighborhoods and uses. Consistent: The Transit Supportive Development (TSDD) maintains full land development regulatory control and allows the Hometown District to support increased use of the South Miami Metrorail Station with greater density, more flexible mixed use-development, while addressing mass and intensity transitions 26 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 21 of 24 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. Finding 1: The proposed TSDD comprehensive plan and zoning amendments are consistent with Criterion 1. Criterion 2: Change in Land Development Conditions Criterion: Whether, and the extent to which, land use and development conditions have changed since the effective date of the existing comprehensive plan, and whether the changes support or work against the proposed amendment. Analysis: Land development conditions have changed. Since 2019, with the catalyst of the COVID-19 Pandemic, and the dramatic ensuing socio-economic changes of in- migration to South Florida, working from home, and shopping from home, t he land development market has dramatically shifted to requiring more flexible and affordable workspaces that are closer to home, and great demands for affordable, workforce and market rate housing in compact mixed-use developments near high-capacity transit. Among the chief intents of these amendments is to respond to the current projections for housing in transit-supportive development areas. See analysis section entitled “Background & Need for the Amendments.” Finding 2: The proposed TSDD comprehensive plan and zoning amendments are consistent with Criterion 2. Criterion 3: Incompatible Land Use Criterion: Whether, and the extent to which, the proposal would result in any incompatible land uses, considering the type and location of uses involved, the i mpact on adjacent or neighboring properties, consistency with existing development, as well as compatibility with existing and proposed land uses. 27 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 22 of 24 Analysis: The Transit Supportive Development (TSDD) text and map amendments are redefined to maintain full land development regulatory control. The TSDD supports increased use of the South Miami Metrorail Station with greater density, more flexible mixed use-development, while addressing mass and intensity transitions and protecting surrounding low-density residential areas from adverse impacts, such as parking intrusion. The text and map in conjunction, strengthen appropriate transitions, increase affordable housing, improve the economy of the City, and reduce peak traffic demand with viable workspaces, retail, entertainment and other commerce integrated with residential development- in a highly walkable area within the pedestrian walk-shed of the South Miami Metrorail Station. Finding 3: The proposed TSDD comprehensive plan and zoning amendments are consistent with Criterion 3. Criterion 4: Adverse Effects Criterion: Whether, and the extent to which, the proposal would adversely affect the property values in the affected area or adversely affect the general welfare. Analysis: The proposed amendments are expected to beneficially affect property values in areas that are affected and their respective surrounding areas. The changes to the TSDD comprehensive plan policy, zoning text, the FLUM , and zoning map will provide the City with more regulatory control to support an orderly development pattern that supports transit and vehicular alternatives while protecting surrounding low-density residential areas from adverse impacts. Mass studies and development analysis has been performed on the proposed regulations, and there are no prima-facie diminutions of value on any land within the existing TSDD land as compared to currently existing rights. Finding 4: The proposed TSDD comprehensive plan and zoning amendments are consistent with Criterion 4. Criterion 5: Orderly and Compatible Land Use Pattern Criterion: Whether the proposal would result in an orderly and compatible land use pattern. Any positive and negative effects of such patterns shall be identified. Analysis: The Transit Supportive Development (TSDD) Future Land Use designation text, zoning text and map amendments are redefined to maintain full land development regulatory control for existing and future map implementations of the TSDD zoning designation. The TSDD is to support increased use of the South Miami Metrorail Station with carefully increased density, more logically distributed density, and more flexible mixed-use development, while addressing mass and intensity transitions and protecting surrounding low-density residential 28 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 23 of 24 areas from adverse impacts. The amendments will promote development that results in an improved orderly and compatible land use pattern over current designations. Finding 5: The proposed TSDD comprehensive plan and zoning amendments are consistent with Criterion 5. Criterion 6: Consistent with the Local Government Comprehensive Planning and Land Development Regulation Act. Criterion: Whether the proposed amendment meets the requirements of F.S. §163.3161, entitled "The Local Government Comprehensive Planning and Land Development Regulation Act.” Analysis: The proposed zoning amendment processes include required notice, public participation, opportunity for intervention by affected parties, application of required criteria and response with data and analysis to assure that the proposed amendment meets the spirit, intent and law of Section 163.3161, Florida Statutes, entitled "The Local Government Comprehensive Planning and Land Development Regulation Act” and Section 163.3184 (3) F.S, entitled “Expedited State Review Process for Adoption Of Comprehensive Plan Amendments.” Finding 6: The proposed TSDD comprehensive plan and zoning amendments are consistent with Criterion 6. CRITERION 7: Internal Consistency with the City’s Land Development Regulations Criterion: Whether the proposal is in conformance with all applicable requirements of the City’s Land Development Regulations. Analysis: This proposed Transit Supportive Development (TSDD) comprehensive plan and zoning text amendments process includes required notice, public participation, opportunity for intervention, application of required criteria with analysis and conclusions. The proposed text amendments have no conflicts with other provisions contained in the City’s land development regulations. Finding 7: The proposed TSDD comprehensive plan and zoning amendments are consistent with Criterion 7. Criterion 8: Concurrency Criterion: Whether, and the extent to which, the proposed amendment results in demands on transportation systems, public facilities, and services; would exceed the capacity of the facilities and services, existing or programmed, including: transportation, water and wastewater services, solid waste disposal, drainage, recreation, education, emergency services, and similar necessary facilities and services. 29 TSDD Comprehensive Plan Amendments and Zoning Map Amendment March 31, 2025 Page 24 of 24 Analysis: The proposed text amendments do not significantly alter requirements for public facilities to serve the future development of specific properties. Together, the increase in TSDD land area combined with the density cap that is introduced as an amendment to Comprehensive Plan Policy 1.1.1, effectively redistribute the total number of potential residential units through a larger TSDD on both sides of the South Maimi Metro Rail Station. There is not a net increase in the number of residential units for the TSDD; therefore, there is not an anticipated increase in the demand for water, wastewater, solid waste, parks, or school infrastructure above that of the current adopted South Miami Land Use Plan. With regard to transportation infrastructure, the entire City of South Miami is within the County’s Transportation Concurrency Exception Area (TCEA). The analysis of the number of net residential units is provided on page 13 of this report. While concurrency requirements for the entire TSDD are not affected by these amendments, each specific development approval will still require infrastructure analysis specific to the site and proposed project. Further, as part of its Evaluation and Appraisal Report (EAR) cycle, the City will be performing its EAR and subsequent amendments that may further address infrastructure demand and capacity. Finding 8: The proposed TSDD comprehensive plan and zoning amendments are consistent with Criterion 8. ATTACHMENTS: 1. Draft Ordinance amending the Official Zoning Map 2. City of South Miami Notice of Public Hearing 3. Legal Ad 30 Ron DeSantis GOVERNOR J. Alex Kelly SECRETARY Caldwell Building | 107 E. Madison Street Tallahassee, FL 32399 850.245.7105 | www.FloridaJobs.org | Twitter: @FLACommerce An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. M E M O R A N D U M TO: Florida Department of Environmental Protection Florida Department of Education Florida Department of State Florida Department of Transportation District 6 South Florida Regional Planning Council South Florida Water Management DATE: December 30, 2024 SUBJECT: COMMENTS FOR PROPOSED EXPEDITED STATE REVIEW PLAN AMENDMENT LOCAL GOVERNMENT/ STATE LAND PLANNING AGENCY AMENDMENT #: SO MIAMI 24-02ESR TSSD Text and Map Amendments STATE LAND PLANNING AGENCY CONTACT PERSON/PHONE NUMBER: James Stansbury/(850)717-8512 The referenced proposed comprehensive plan amendment is being reviewed pursuant to the Expedited State Review Process according to the provisions of Section 163.3184(3), Florida Statutes. Please review the proposed documents for consistency with applicable provisions of Chapter 163, Florida Statutes. Please note that your comments must be sent directly to and received by the above referenced local government within 30 days of receipt of the proposed amendment package. A copy of any comments shall be sent directly to the local government and to the State Land Planning Agency to the attention of Donna Harris, Senior Plan Processor Plan Processing Team at the Department E-mail address: DCPexter@Commerce.fl.gov. Please use the above referenced State Land Planning Agency AMENDMENT NUMBER on all correspondence related to this amendment. Note: Review Agencies - The local government has indicated that they have mailed the proposed amendment directly to your agency. See attached transmittal letter. Be sure to contact the local government if you have not received the amendment. Also, letter to the local government from State Land Planning Agency acknowledging receipt of amendment is attached. 31 FLORIDAC©MMERCE Ron DeSantis GOVERNOR J.Alex Kelly SECRETARY Caldwell Building | 107 E. Madison Street Tallahassee, FL 32399 850.245.7105 | www.FloridaJobs.org | Twitter: @FLACommerce An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. December 30, 2024 RESPONSE VIA EMAIL ONLY Mr. Suramy Cabrera Planning and Zoning Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143-5093 RE: TSSD Text and Map Amendments Dear Mr. Cabrera: Thank you for submitting the proposed comprehensive plan amendment for the City of South Miami. This amendment package will be reviewed pursuant to the Expedited State Review process. The reference number for this amendment package is 24-02ESR. The proposed submission package will be reviewed pursuant to Section 163.3184(3), Florida Statutes. Once the review is underway, you may be asked to provide additional supporting documentation by the review team to ensure a thorough review. You will receive FloridaCommerce’s Comment Letter no later than January 19, 2025. Pursuant to 163.3184(3)(c)1. If the local government fails, within 180 days after receipt of agency comments, to hold the second public hearing, the amendments shall be deemed withdrawn unless extended by agreement with notice to the state land planning agency and any affected person that provided comments on the amendment. Pursuant to 163.3184(3)(c)2. All comprehensive plan amendments adopted by the governing body, along with the supporting data and analysis, shall be transmitted within 10 working days after the final adoption hearing to the state land planning agency and any other agency or local government that provided timely comments under subparagraph (b)2. If the local government fails to transmit the comprehensive plan amendments within 10 working days after the final adoption hearing, the amendments are deemed withdrawn. If you have any questions, please contact me at (850) 717-8491 or by email at donna.harris@commerce.fl.gov. You may also contact James Stansbury, Bureau Chief, will be overseeing the review of the amendments, at (850) 717.8512. Sincerely, Donna Harris, Senior Plan Processor Bureau of Community Planning and Growth DH/ cc: External Agencies 32 FLORIDAC©MMERCE 33 December 20,2024 South’’Miami THE CITY OF PLEASANT LIVING James Stansbury,James.Stansbury@Commerce.fl.gov Yazmin Valdez,Yazmin.Valdez@Commerce.fl.gov Florida Department of Commerce,Community Planning,Development and Services Caldwell Building,107 E.Madison Street Tallahassee,Florida 32399 via e-mail:James.Stansbury@Commerce.fl.gov;Yazmin.Valdez@Commerce.fl.gov Subject:City of South Miami Land Use Plan Amendments Transmittal Dear Ms.Valdez and Mr.Stansbury, The City of South Miami is in the process of implementing several updates to it Comprehensive Plan to address for the needs of the City's community and in the larger context of South Miami- Dade County.These priorities include amendments to the City's land development regulations (LDR)to address:1)a long period of near stagnant development in the City's downtown;2)the policy direction of Miami Dade County to increase walkable,high-density mixed-use development along the Metrorail South Dade Corridor and in particular around the South Miami Station;3)increase the supply of well-integrated,quality affordable and workforce housing;and 4)embrace the intent of State legislation regarding development of affordable and workforce housing with proactive measures by City policy and regulation,while protecting the City's neighborhoods from unintended consequences of pre-emptions.In recognizing these changes, the City began a comprehensive study of its zoning regulations in 2023 and has already adopted the first text change amendment pursuant to Ordinance No.23-24-2508 (2401-ESR).That ordinance will be transmitted to the Dept,of Commerce in short order.At this time,we are transmitting an additional text change and a FLUM change that were approved on first reading on December 10,2024.The attached staff report contains the analysis supporting the two proposed amendments. We recognize that we are in the midst of the EAR process.The adopted amendment,and the two proposed amendments that are transmitted herein represent the most crucial updates.The remainder of the updates will follow. We will continue to keep the Department of Community Planning notified of each change and will include all the LUPA,both text and map and their impacts in a consolidated analysis for the EAR-based amendments which are performing in parallel. City of South Miami |6130 Sunset Drive |South Miami,FL 33143-5093 305.663.6338 |southmiamifl.gov 34 City of South Miami TSDD Comprehensive Plan Amendment Transmittal Letter December 20,2024 Page 2 of 2 Please accept this letter as notification of our request for expedited State review of the attached Future Land Use Element policy text amendments submittal.We look forward to working with you and the Department toward the completion of this review.Please call with any questions. Thank you. Suramy Cabrera, Planning and Zoning Director City of South Miami,Florida cc.Honorable Javier E.Fernandez,Mayor Genaro "Chip"Iglesias,City Manager Tony Recio,City Attorney 35 FLORIDAC©MMERCE Ron DeSantis J.Alex Kelly January 17,2025 The Honorable Javier Fernandez Mayor,South Miami 6130 Sunset Drive South Miami,Florida 33143 Dear Mayor Fernandez, FloridaCommerce has reviewed the proposed comprehensive plan amendment for the City of South Miami (Amendment No.24-02ESR)received on December 20,2024.The review was completed under the expedited state review process.FloridaCommerce has no comment on the proposed amendment. The City should act by choosing to adopt,adopt with changes,or not adopt the proposed amendment. For your assistance,FloridaCommerce has enclosed the procedures for adoption and transmittal of the comprehensive plan amendment.In addition,the City is reminded that: •Section 163.3184(3)(b),Florida Statutes (F.S.),authorizes other reviewing agencies to provide comments directly to the City.If the City receives reviewing agency comments and they are not resolved,these comments could form the basis for a challenge to the amendment after adoption. •The second public hearing,which shall be a hearing on whether to adopt one or more comprehensive plan amendments,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 FloridaCommerce 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 FloridaCommerce within ten working days after the final adoption hearing or the amendment shall be deemed withdrawn 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 FloridaCommerce notifies the City that the amendment package is complete or,if challenged,until it is found to be in compliance by FloridaCommerce or the Administration Commission. Caldwell Building |107 E.Madison Street Tallahassee,FL 32399 850.245.7105 |www.FloridaJobs.org |Twitter:@FLACommerce An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. 36 The Honorable Javier Fernandez January 17,2025 Page 2 of 2 If you have any questions concerning this review,please contact Christina Nazaire,Planning Analyst,by telephone at (850)-717-8532 or by email via Christina.Nazaire@Commerce.fl.gov. Sincerel zf^rnes D.Stansbury,Chief ^Bureau of Community Planning and Growth JDS /cn Endosure(s):Procedures for Adoption cc:Suramy Cabrera,Planning and Zoning Director,City of South Miami Isabel Cosio Carballo,MPA,Executive Director,South Florida Regional Planning Council An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. Caidwell Building |107 E.Madison Street Tallahassee,FL 32399 850.245.7105 |www.FloridaJobs.org |Twitter:@FLACommerce 37 SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163.3184(3),Florida Statutes NUMBER OF COPIES TO BE SUBMITTED:Please submit electronically using FloridaCommerce's electronic amendment submittal portal "Comprehensive Plan and Amendment Upload" (https://fldeo.mY.salesforce-sites.com/cp/)or submit three complete copies of all comprehensive plan materials,of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF)to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government:the appropriate Regional Planning Council, Water Management District,Department of Transportation,Department of Environmental Protection, Department of State,the appropriate county (municipal amendments only),the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only),and the Department of Education (amendments relating to public schools),and for certain local governments,the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER:Please include the following information in the cover letter transmitting the adopted amendment: State Land Planning Agency identification number for adopted amendment package. Summary description of the adoption package,including any amendments proposed but not adopted. Identify if concurrency has been rescinded and indicate for which public facilities. (Transportation,schools,recreation and open space). Ordinance number and adoption date. Certification that the adopted amendment(s)has been submitted to all parties that provided timely comments to the local government. Name,title,address,telephone,FAX number and e-mail address of local government contact. Letter signed by the chief elected official or the person designated by the local government. Revised:December 2024 Page 3 of 4 38 ADOPTION AMENDMENT PACKAGE:Please include the following information in the amendment package: In the case of text amendments,changes should be shown in strike-through/underline format. In the case of future land use map amendments,an adopted future land use map,in color format,clearly depicting the parcel,its future land use designation and its adopted designation. A copy of any data and analyses the local government deems appropriate. Note:If the local government is relying on previously submitted data and analysis,no additional data and analysis is required. Copy of the executed ordinance adopting the comprehensive plan amendment(s). Suggested effective date language for the adoption ordinance for expedited review: "The effective date of this plan amendment,if the amendment is not timely challenged,shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete.If the amendment is timely challenged,this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance." List of additional changes made in the adopted amendment that the State Land Planning Agency did not previously review. List of findings of the local governing body,if any,that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment. Statement indicating the relationship of the additional changes not previously reviewed by the State Land Planning Agency in response to the comment letter from the State Land Planning Agency. Revised:December 2024 Page 4 of 4 39 Lightfoot,Marcus From:Plan_Review <Plan.Review@dep.state.fl.us> Sent: To: Cc: Friday,February 7,2025 3:43 PM Lightfoot,Marcus;DCPexter@commerce.fl.gov Plan_Review Subject:South Miami 24-02ESR Proposed EMAIL RECEIVED FROM EXTERNAL SOURCE To:Marcus Lightfoot,Senior Planner/Zoning Administrator Re:South Miami 24-02ESR -Expedited State Review of Proposed Comprehensive Plan Amendment The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department)has reviewed the above-referenced amendment package under the provisions of Chapter 163, Florida Statutes.The 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. Please submit all future amendments by email to Plan.Review@FloridaDEP.gov.If your submittal is too large to send via email or if you need other assistance,contact Lindsay Weaver at (850)717-9037. 1 40 Lightfoot,Marcus From:Tony Recio <TRecio@wsh-law.com> Sent: To: Tuesday,March 25,2025 3:21 PM Cabrera,Suramy;Lightfoot,Marcus;Mark Alvarez Subject:RE:SFRPC March 17,2025,Agenda Item III.C:Broward Co;Miami-Dade Co;Monroe Co; Coral Gables,Ft Lauderdale,Islamorada;Key Biscayne,Marathon,Miami Bch,Palmetto Bay,Pompano Bch,S.Miami,Sunrise,Sweetwater; Attachments:3.C AgendaMARCH17JII.C LGCP.pdf EMAIL RECEIVED FROM EXTERNAL SOURCE This means SFRPC had no comments to our land use amendments going to Commission on 3/31 Marcus,please add this email and the attachment to first two agenda items for 3/31.Thanks From:Cabrera,Suramy <SCabrera@southmiamifl.gov> Sent:Tuesday,March 25,2025 2:07 PM To:Lightfoot,Marcus <MLightfoot@southmiamifl.gov>;Mark Alvarez <malvarez@CORRADINO.com>;Tony Recio <TRecio @ wsh-law.com> Subject:FW:SFRPC March 17,2025,Agenda Item III.C:Broward Co;Miami-Dade Co;Monroe Co;Coral Gables,Ft Lauderdale,Islamorada;Key Biscayne,Marathon,Miami Bch,Palmetto Bay,Pompano Bch,S.Miami,Sunrise, Sweetwater; Do you all know who reviews this and how we are involved? From:Kathe Lerch <klerch@sfrpc.com> Sent:Monday,March 17,2025 3:58 PM To:bfurr@broward.org;dvonstetina@broward.org;JSESODIA@broward.org;bblakeboy@broward.org; mayor@miamidade.gov;rowega@miamidade.gov;Jerry.Bell@miamidade.gov;jimmy.morales2@miamidade.gov; Stephen.Dorsey@miamidade.gov;Cioffari-Cheryl@MonroeCountv-FL.Gov:boccdis3@monroecounty-fl.gov;Schemper- Emilv@monroecounty-fl.gov;vlago@coralgables.com;dramirez@coralgables.com;jgarcia@coralgables.com; csouthern@coralgables.com;DTrantalis@fortlauderdale.gov;LTappen@fortlauderdale.gov; EParker@fortlauderdale.gov;jhetzel@fortlauderdale.gov;DTrantalis@fortlauderdale.gov;LTappen@fortlauderdale.gov; EParker@fortlauderdale.gov;jhetzel@fortlauderdale.gov;jennifer.deboisbriand@islamorada.fl.us; anita.muxo@islamorada.fl.us;sharon.mahoney@islamorada.fi.us;planningdirector@islamorada.fl.us; jrasco@keybiscavne.fl.gov;jgauger@keybiscayne.fl.gov;ogarcia@kevbiscayne.fl.gov;fcaplan@keybiscayne.fl.gov; landryl@ci.marathon.fi.us;garrettg@ci.marathon.fl.us;sheab@ci.marathon.fl.us;stevenmeiner@miamibeachfl.gov; rmadan@miamibeachfl.gov;kcunningham@palmettobay-fl.gov;jgonzalez@palmettobay-fl.gov; acandelari@palmettobav-fl.gov;nmarano@palmettobay-fl.gov;rex.hardin@copbfl.com;David.Recor@copbfl.com; jean.dolan@copbfl.com;Fernandez,Javier <JFernandez@southmiamifl.gov>;Cabrera,Lourdes <LCabrera@southmiamifl.gov>;Cabrera,Suramy <SCabrera@southmiamifl.gov>;mryan@sunrisefl.gov; mgoldstein@sunrisefl.gov;jkoeth@sunrisefl.gov;communitydevdirector@sunrisefl.gov; mavordiaz@cityofsweetwater.fl.gov;jvera@cityofsweetwater.fl.gov;DCPexternalagencycomments <DCPexternalagencvcomments@deo.myflorida.com> Subject:SFRPC March 17,2025,Agenda Item III.C:Broward Co;Miami-Dade Co;Monroe Co;Coral Gables,Ft Lauderdale,Islamorada;Key Biscayne,Marathon,Miami Bch,Palmetto Bay,Pompano Bch,S.Miami,Sunrise, Sweetwater; 1 41 EMAIL RECEIVED FROM EXTERNAL SOURCE Good afternoon! At the March 17,2025,Council Meeting,the South Florida Regional Planning Council approved the attached report,finding the proposed and adopted amendments generally consistent with the Strategic Regional Policy Plan for South Florida.Should you have any questions,contact Isabel Cosio Carballo, Executive Director,at (954)924-3653 or isabelciaisfrpc.com. Kathe Ann Lerch Director of Administration South Florida Regional Planning Council 1 Oakwood Boulevard,Suite 250,Hollywood,FL 33020 954.924.3653 (o)|klerch(6>sfrpc.com JSFRPC South Florida Regional Planning Council Proudly serving South Florida since 1974 Confidentiality Notice:Please note that Florida has broad public records laws and all correspondence sent via email may be subject to disclosure. Links contained in this email have been replaced.If you click on a link in the email above,the link will be analyzed for known threats.If a known threat is found,you will not be able to proceed to the destination. If suspicious content is detected,you will see a warning. 2 MEMORANDUM South Florida Regional Planning Council 1 Oakwood Boulevard, Suite 250, Hollywood, Florida 33020 954-924-3653 Phone, 954-924-3654 FAX www.sfregionalcouncil.org AGENDA ITEM #III.C _____________________________________________________________________________________ DATE: MARCH 17, 2025 TO: COUNCIL MEMBERS FROM: STAFF SUBJECT: LOCAL GOVERNMENT COMPREHENSIVE PLAN (LGCP) PROPOSED AND ADOPTED AMENDMENT CONSENT AGENDA _____________________________________________________________________________________ Pursuant to the 1974 Interlocal Agreement creating the South Florida Regional Planning Council (Council), the Council is directed by its member counties to “assure the orderly, economic, and balanced growth and development of the Region, consistent with the protection of natural resources and environment of the Region and to protect the health, safety, welfare, and quality of life of the residents of the Region.” In fulfillment of the Interlocal Agreement directive and its duties under State law, the Council reviews local government Comprehensive Plan amendments for consistency with the Strategic Regional Policy Plan for South Florida (SRPP). Pursuant to Section 163.3184, Florida Statutes as presently in effect, Council review of comprehensive plan amendments is limited to 1) adverse effects on regional resources and facilities identified in the SRPP and 2) extra-jurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the Region. The Council’s review of amendments is conducted in two stages: (1) proposed or transmittal and (2) adoption. Council staff reviews the contents of the amendment package once the Department of Economic Opportunity certifies its completeness. A written report of the Council’s evaluation pursuant to Section 163.3184, Florida Statutes, is to be provided to the local government and the State Land Planning Agency within 30 calendar days of receipt of the amendment. Recommendation Find the proposed and adopted plan amendments from the local governments listed as not causing adverse impact to state or regional resources/facilities and without extra-jurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the Region. Approve this report for transmittal to the local governments with a copy to the State Land Planning Agency. 42 SFRPC 2 PROPOSED AMENDMENTS • Miami-Dade County 25-01ESR Proposes amending the Urban Center text in the CDMP Land Use Element to allow properties within the Douglas Road Metropolitan Urban Center, up to ½-mile from the Douglas Road Metrorail Station, to be developed in accordance with the standards applicable to other metropolitan Urban Centers. • Monroe County 25-01ACSC Proposes amending the Monroe County Future Land Use Map (FLUM) from Residential Medium (RM) to Commercial (COMM), for a 0.43-acre property located at 24150 Overseas Highway, Summerland Key, more particularly described as a portion of Lot 1, Dobie’s subdivision. • City of Coral Gables 25-01ER Proposes amending the City of Coral Gables Comprehensive Plan following the Evaluation and Appraisal Report (EAR) Process, aligning the City’s long-term planning framework with state and local priorities. Key updates include updated planning horizons, policy and statutory alignment, land use and zoning adjustments, recreation and open space enhancements, historical preservation improvements, and mobility and infrastructure upgrades. • City of Fort Lauderdale 25-01ESR Proposes amending the City of Fort Lauderdale’s Comprehensive Plan Future Land Use Element to allow community facilities and utility uses as a permitted use in the Parks, Recreation, and Open Space future land use designation, with a restriction on maximum acreage. • Islamorada, Village of Islands 25-01ACSC Proposes amending the Village’s Future Land Use Map from Residential Medium (RM) to Mixed Use (MU) for a 0.42-acre property, located on Upper Matecumbe Key at the request of the applicant. Florida Commerce has identified a comment regarding intergovernmental coordination for the proposed comprehensive plan amendment and the Village of Islamorada should follow up to address it. • City of Miami Beach 25-01ESR Proposes amending the Housing Element to require that the Land Development Regulations be amended to create a definition for a housing impact statement and create a process for the review of statements as part of the development review process. Florida Commerce has technical assistance comments, and the City of Miami Beach should follow up to address them. • Village of Palmetto Bay 25-01ER Proposes amending the Village of Palmetto Bay’s Comprehensive Plan based on the Evaluation and Appraisal Report (EAR). It is noted that the Florida Department of Transportation District Six (FDOT Six) commented that the Village should confirm details related to the maximum allowable development potential of the land use designation. FDOT Six also commented that the amended Comprehensive Plan and supportive documentation have conflicting language regarding the Level of Service (LOS) standards/targets for FDOT roadways. Finally, FDOT Six commented that Table CAP-1 of the Capital Improvement Element, as it references FIHS facilities, should be revised. The Village of Palmetto Bay has received comments from FDOT Six and is working to address the comments in a forthcoming response. 43 3 • City of Pompano Beach 25-01ESR Proposes amending the City of Pompano Beach Comprehensive Plan’s Environmentally Sensitive Lands (ESL) Map to remove the wooded areas on the Airpark Airfield. • City of South Miami 24-02ESR Proposes amending the City’s Comprehensive Plan: Policy 1.1.1 of the Future Land Use Element of the City of South Miami Comprehensive Plan to: • Establish a maximum density of 200 dwelling units per acre in the “Transit-Supportive Development District”; • Change the Future Land Use Designation of parcels currently designated “Mixed-Use Commercial- Residential”, “Residential/Limited Commercial”, “Business Office”, “Parks and Open Space”, “Multi-Family Residential”, “Townhouse Residential”, “Single-Family Residential”, “Hospital”, and “Public Institutional” to “Transit-Supportive Development District.”; and • Modify applicable development regulations implementing the Future Land Use Element Policy 1.1.1 amendment and supporting the Future Land Use Plan with detailed land development regulations that implement the transit-supportive development policies, as well as to support orderly and compatible development. ADOPTED AMENDMENTS • Broward County 24-04ESR Amends the Comprehensive Plan with a restriction by 15% (at least 635) of the proposed dwelling units to affordable housing units at the “moderate-income” level or below (up to 120% of median income) for a minimum of 30 years or in lieu of payment. • Monroe County 24-04ACSC Amends Policy 212.3.2 of the Monroe County Comprehensive Plan to include additional language to permit marinas as an allowed use on parcels that are both within the coastal barrier resource system and located within the Safe Harbor Community Center Overlay District as requested by JKYD, LLC. • Village of Key Biscayne 24-01ESR Amends the Village’s Comprehensive Plan regarding public utility uses within all Future Land Use Map categories. • City of Marathon 24-01ACSC Amends Objective 1-4.1, Provide Workforce-Affordable Housing Building Permit Allocations (BPA), updating zoning, Future Land Use Map, and Land Development Regulations modifying provisions on Early Evacuation for BPAs units. • City of South Miami 24-01ESR Amends the City’s Comprehensive Plan for the Future Land Use Element to provide for the development of an enhanced Town Center area with major corridors. Land Development Code regulations (LDC) to address: 1) a long period of near stagnant development in the City’s downtown; 2) the policy direction of Miami-Dade County to increase walkable, high-density mixed-use development along the Metrorail South Dade Corridor and in particular around the South Miami Station; 3) increase the supply of well-integrated, quality affordable and workforce housing; and 4) embrace the intent of State legislation regarding development of affordable and workforce housing with proactive measure by City policy and regulation, while protecting the City’s neighborhoods from unintended consequences of preemptions. 44 4 • City of Sunrise 24-02ESR Amends the City’s Comprehensive Plan’s Future Land Use Element (FLUE) to increase the number of permitted high-rise residential units by 500 units, from the current development intensity of 2,500 units to 3,000 units, as well as increase the amount of allowable office use square footage by 140,000 square feet from the current 785,000 square feet to 925,000 square feet. • City of Sweetwater 24-02ESR Amends the Future Land Use Map to address newly annexed properties in the city and text amendments to the different elements of the Comprehensive Master Plan. ** Staff Note: Due to the different time requirements for Agencies’ responses, some comments may not have been received. Of the Agencies that have submitted comments, those comments do not reflect potential adverse regional or extra-jurisdictional impacts. No concerns or technical assistance comments reflecting potential adverse regional or extra-jurisdictional impacts were received from local governments or partner agencies. 45 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: August 5, 2025 City Commission Meeting SUBJECT: 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. 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 approving Future Land Use Map changes was initially adopted on March 31, 2025, through Ordinance No.07-25-2520. While the Amendment was properly adopted at that time, the Amendment was not accepted by the state land planning agency because the City had not yet approved and transmitted Evaluation and Appraisal Report (“EAR”)-based amendments as required by Section 163.3191, Florida Statutes. On July 29, 2025, the City Commission considered and approved on first reading the EAR-based amendments, and the City transmitted same thereafter. Section 163.3184(3)(c)1, Florida Statutes, requires the City 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, “unless extended by agreement with notice to the state land planning agency.” The City wrote the state land planning agency to seek an extension to October 15, 2025, which extension date was acknowledged by the agency. With both the requirements of Section 163.3184 and 163.3191 satisfied, the City can now move ahead with re-adoption. 46 SoutP'Miami THE CITY OF PLEASANT LIVING 4A .............................................................................................MIAMI HERALD FRIDAY JULY 25 2025 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,August 5,2025,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,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 DESIGNAT- ED “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. 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 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)deliver 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 Miami-Dade’s public hospital system expects more people in South Flor- ida to have heart problems within the next decade. And the need for more specialized cardiovascular care has become partic- ularly apparent in southern Miami-Dade,a swath of the county that is under- served. Jackson South,a public hospital that has been steadily expanding its cardiac care services through the years,expects to see a 12%increase in cardiovascular disease and a 60%increase in heart valve disease over the next decade or so in the sur- rounding area,according to Edward Borrego,the senior vice president and CEO of Jackson South and Jackson West. On Tuesday,doctors and executives unveiled Jack- son South’s newly reno- vated catheterization lab, where doctors will treat heart and vascular condi- tions,implant pacemakers and perform other mini- mally invasive procedures. The renovation is part of the hospital’s push to ex- pand cardiology and other high-demand services as it seeks to address the “huge need in this community for cardiology and cardioth- oracic”care,longtime Jackson Health System CEO Carlos Migoya told a crowd of doctors and Jack- son executives during the unit’s ribbon-cutting cere- mony. Dr.Hari Mallidi,the chief of cardiac surgery and director of the Jackson Heart Institute,attributes the expected rise in de- mand for cardiac care in the community to Miami- Dade’s rapidly aging pop- ulation and the difficulties some people may have getting timely access to care.He said the hospital serves a population of mainly immigrants,a group that may not always seek or have access to preventative or early care until their condition ad- vances and they become sicker.Doctors consistent- ly say that income,hous- ing,food insecurity,insur- ance status,transportation and other factors in a per- son’s life can impact a person’s health and their ability to access care. JACKSON EXPANDS CARDIAC CARE Jackson South,located at 9333 SW 152nd St.,is part of the county’s public hos- pital system and primarily serves patients who live in Perrine,Richmond Heights,Palmetto Bay, Cutler Bay and other parts of southern Miami-Dade. Jackson Health System serves as a safety net for Miami-Dade County and provides care to everyone, regardless of their insur- ance status or ability to pay. Inside the new lab,doc- tors will use tech that will let them reconstruct 3D models of a patient’s car- diovascular system,as well as the Canon Alphenix Core,a new imaging sys- tem that uses X-ray tech to create high-definition images that will help doc- tors perform minimally invasive procedures with more precision for heart and vascular conditions. Jackson also added more exam rooms for patients in a neighboring building, increasing the available rooms from eight to 18, with an exam area created to focus on conducting stress echo testing,which assesses how well the heart functions when beating fast. Jackson Health says the new lab will “significantly expand Jackson South’s cardiac and vascular capa- bilities from basic diag- nostics and interventions to advanced vascular in- terventions,comprehen- sive interventional radiol- ogy services,and complex cardiovascular treat- ments.”It expects to be able to care for more pa- tients and is estimating a 25%increase in its “out- patient capacity,which will include cardiovascular and interventional radiology procedures.” Some core members of Jackson’s heart team will be rotating between the Miami Transplant Insti- tute,located at Jackson’s main Miami campus,and Jackson South to provide care to patients. That includes Mallidi, the chief of cardiac surgery and director of the Jackson Heart Institute;Dr.Osama Haddad,associate medical director of the Jackson Heart Institute;and Dr. Farhang Yazdchi,director of aortic surgery. “This facility not only represents a significant investment in our infra- structure but also stands as a testament of our commit- ment to advancing cardio- vascular care for our com- munity,”said Dr.Juan Zambrano,director of cardiovascular medicine at Jackson South Medical Center.Plans are currently in the works to renovate the hospital’s second cath lab,too. Jackson South’s cardiac expansion comes on the heels of an upcoming closure of the hospital’s labor and delivery unit. Migoya,in a memo sent to county and state leaders, previously described the maternity ward’s Septem- ber closure as a decision that was made due to a declining birth trend and a growing need for more cardiology and other serv- ices at Jackson South. Borrego,Jackson South’s CEO,told the Miami Her- ald during a tour of the new cath lab that the goal is to make specialty care more accessible for pa- tients by bringing it closer to home. “If they come to our emergency room,not knowing what they have — and if it’s a cardiac issue — they need to know that they’re going to be in safe, and some of the best, hands —with the best technology,”Borrego said. WHY HEART DISEASE IS ON THE RISE Heart disease has been the leading cause of death in the U.S.for decades, according to the U.S.Cen- ters for Disease Control and Prevention.By 2050, at least six in 10 adults in the country could be affected by cardiovascular disease,according to a recent forecast study by the American Heart Asso- ciation. Cardiovascular disease refers to heart attacks,high blood pressure,heart fail- ure,strokes and several heart conditions,including vascular disease,heart arrhythmias and coronary artery disease,the most common heart disease in the U.S. The biggest rise in the total number of people with cardiovascular disease is expected to occur among Hispanic adults,with Black adults projected to see the highest rates of high blood pressure,diabetes,obesity, inadequate sleep and poor diets,according to the forecast,which was pub- lished last year in the asso- ciation’s peer-reviewed journal.Asians are also projected to see a rise in risk factors. A news release on the study indicates this is part- ly because the U.S.is be- coming older and more diverse,with its Hispanic and Asian populations forecast to nearly double by 2060 but also due to “systemic racism,as well as socioeconomic factors and access to care.” Michelle Marchante: 305-376-2708, @TweetMichelleM Hear t disease forecast to rise in South Florida.Here’s what one hospital is doing BY MICHELLE MARCHANTE mmarchante@miamiherald.com MICHELLE MARCHANTE mmarchante@miamiherald.com Dr.Juan Zambrano,director of cardiovascular medicine at Jackson South Medical Center,gives a tour of the newly renovated catheterization lab at Jackson South on Tuesday. Jorge Barahona,a West- chester electrician charged with unspeakable acts that resulted in the death of one adopted child and badly injured another,is competent to stand trial,a judge ruled Wednesday. The gruesome discov- eries of the 10-year-old twins also roused state legislators and put the state’s leading child wel- fare agency under wither- ing criticism for improper oversight that led to a multimillion dollar settle- ment. Miami-Dade Circuit Court Judge Andrea Ricker Wolfson’s decision came at the end of a two-day hearing in which forensic psychologists dueled over Barahona’s competency and opined on his ability to help his defense team at trial. In the end,the judge determined Barahona,58, met the criteria necessary to sit at a defense table across from jurors and fight for his life. Though the judge didn’t set a trial date,she said she believes Barahona is capa- ble of aiding his defense attorneys,and that he understands the charges and the severity of the penalties should he be found guilty.Then she told the defendant he’s sur- rounded by one of the finest defense teams in the state. “I truly encourage you to work with them,”Wolfson said. Wolfson found Barahona incompetent to stand trial in March 2024 and ordered him released from Miami-Dade jail and sent to the Treasure Coast Forensic Treatment Center to recover.Twice in the past six months evalua- tions there determined he was well enough to be competent at trial.Most experts who testified this week attributed that to a series of factors that in- cluded more constructive surroundings than jail. State prosecutors and defense attorneys will return to court for a status update on Sept.19. A YOUNG GIRL BURNED TO DEATH WITH CHEMICALS The shocking 2011 death of 10-year-old Nubia Bara- hona and the near death of her twin brother Victor shocked South Floridians, remained in the headlines for weeks and rocked the state’s Department of Children &Families like few cases before it. Nubia’s badly decom- posed body was found by police wrapped in plastic and covered with chem- icals in the back of Baraho- na’s pick-up truck on the side of I-95 in West Palm Beach.Victor,who some- how survived,was in the truck’s cab suffering sei- zures from chemical burns. Next to Victor in the driver’s seat:Barahona, who also managed to burn himself with chemicals, police said. It wasn’t long before an investigation of the fam- ily’s Westchester home uncovered the numerous gruesome acts the Baraho- nas did to their adopted children,police said.They said Barahona and his wife Carmen Barahona,74,beat and tortured the twins, tying them with electrical cord and shocking them in a bathtub with the door locked.A state legislator said the couple smeared feces into the twins’faces when they were upset with them. Both Barahonas were charged with first-degree murder,first-degree at- tempted murder and sev- eral counts of aggravated child neglect.Carmen flipped in 2020,agreeing to a life sentence in ex- change for her testimony. Jorge,who will now stand trial,is facing the death penalty. The trial was delayed for more than a decade as hundreds of depositions were taken and as the state’s child welfare agen- cy dealt with the fallout. Victor,who was last known to be living with relatives in Texas,was awarded $3.75 million by Florida state legislators in 2017. EXPERTS:BARAHONA UNDERSTANDS RAMIFICATIONS The hearing concluded Wednesday with two final expert witnesses offering contrasting opinions on Jorge Barahona’s ability to stand trial. “If he’s calm,he can help and understands,” forensic psychologist Dyra Bodan said before leaving the stand. Psychologist Sandra Klein,though,said Baraho- na seemed unable to move past delusions that in- cluded missing evidence and pictures that just don’t exist. “I’ve never found that Mr.Barahona did not have a level of difficulties,”she said. Finally,the attorneys closed,with lead defense attorney Khurrum Wahid telling Wolfson she needed to signal that Barahona be surrounded by an envi- ronment of mental health experts who could give him cognitive behavioral therapy and put him on specific medications to be functional—something that wouldn’t happen in jail. “We do it in probation orders.I’m not sure it would be completely out- side the realm of the court’s power,”said Wa- hid. Miami-Dade Assistant State Attorney Laura Adams had a different perspective. “At the end of the day,” she said,“this defendant’s stubbornness does not render him incompetent.” Charles Rabin: 305-376-3672, @chuckrabin Barahona competent to stand trial for murder of daughter,tor ture of twin brother BY CHARLES RABIN crabin@miamiherald.com SAM NAVARRO Miami Jorge Barahona looks on from inside a courtroom during a competency hearing on Tuesday. The mother of singer Sean Kingston will spend the next five years behind bars for fleecing jewelers and other businesses out of more than $1 million,a Fort Lauderdale federal court judge ruled Wednesday. In March,a jury found Janice Turner,63,and Sean Kingston,35,guilty of five wire fraud-related offenses, court records show.They were indicted in July 2024, weeks after authorities raided Kingston’s rented seven-bedroom,7,966 sq ft. home in Southwest Ranch- es. Kingston and Turner, according to the indict- ment,orchestrated a lucra- tive wire fraud scheme from April 2023 to March 2024. They falsely represented that they made legitimate wire transfers for vehicles, jewelry and other goods. But the businesses never received payment. Among their alleged fraudulent transactions included:$480,000 for two watches,$285,000 for another watch,and $159,702.78 for a car,total- ing more than $1 million in goods. Turner was facing up to two decades in federal prison.Her attorneys urged U.S.District Court Judge David S.Leibowitz sentence Turner to two-and-a-half years because of her charity work,“myriad of health issues,and minimal crimi- nal history.” In a document filed days before the sentencing, Turner’s attorneys acknowl- edged that she will be de- ported to Jamaica due to her conviction.In 2006, Turner pleaded guilty to bank fraud and served more than a year in federal pri- son. Kingston will be sen- tenced on Aug.2 8.In a post before his arrest,Kingston said,“People love negative energy!I am good and so is my mother!” Grethel Aguila: @GrethelAguila Sean Kingston’s mother convicted in $1M fraud scheme BY GRETHEL AGUILA gaguila@miamiherald.com 47 A \_../*h