Ord No 25-23-2476ORDINANCE NO. 25-23-2476
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING THE ZONING MAP
OF THE CITY OF SOUTH MIAMI, TO CHANGE THE ZONING
DISTRICT APPLICABLE TO THE PROPERTY LOCATED AT
5795 SUNSET DRIVE, FROM "SPECIAL TY RETAIL (SR)" WITH
HOMETOWN DISTRICT OVERLAY DESIGNATION TO
"DOWNTOWN SOMI (DS)" ZONING DISTRICT WITH NO
HOMETOWN DISTRICT OVERLAY DESIGNATION, BASED ON
AN APPLICATION SUBMITTED BY MIDTOWN
DEVELOPMENT, LLC; PROVIDING FOR CORRECTIONS;
SEVERABILITY; CONFLICTS; AND AN EFFECTIVE DATE.
WHEREAS, the applicant, Midtown Development, LLC (the nApplicant"), has filed application
no. PB-23-020 requesting an amendment to the Official Zoning Map pursuant to Section 20-5.7 of the
Land Development Code (the "LDC") to change the designation of the property at 5795 Sunset Olive
(the '•Property") from "Specialty Retail (SR)" with a "Hometown Disttict Overlay'• designation to
"Downtown SoMi (OS)" with no "Hometown District Overlay" designation (the "Proposed Rezoning•');
and
WHEREAS, the Applicant has contemporaneously requested an amendment to the
Comprehensive Plan Future Land Use Map (FLUM) to redesignate the Property from nMixed-Use
Commercial Residential (MUCR4Y' to "Downtown SoMi (DS)" (the "Proposed Map Amendment");
and
WHEREAS, City officials and staff find that the amendment is consistent with the Goals,
Objectives, and Policies of the City's Comprehensive Plan and is in compliance with Section 20-5.7 of
the LDC. provided the City Commission (the "Commission") first approves the Proposed Map
Amendment; and
WHEREAS, the Planning Board, sitting as the City's local planning agency in accordance with
Chapter 163, Florida Statutes, reviewed the proposed amendment to the Official Zoning Map at a public
hearing on October 10, 2023, provided for public participation in the process, and recommended
approval of the amendment by a vote of six (6) to zero (0); and
WHEREAS, this Ordinance was duly noticed and presented to the Commission in two readings,
with second reading conducted as the public hearing required pursuant to Section 166.041(3), Florida
Statutes, and Section 20-5.7, LDC, on November 21, 2023; and
WHEREAS, the City Commission finds that this Ordinance is in the best interest and welfare of
the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:1
1 Coding: Skile:elhFeugli woFas are deletions to the existing words. Underlined words are additions to the existing words.
Modifications proposed by the Planning Boord are shaded in grey. Changes between first and second reading are indicated
with eeuldc 8ffHiBlhre11gl1 and double underline~
Page 1 of3
Ord. No. 25-23-2476
Section 1. Recitals . Th e above-sta ted recitals a re true and correct and are in corporated
he re in by thi s refere nce.
Section 2. Amending the Official Zoning Map. T ha t the C ity of South Miami Official
Zo ning Map is h ereby a mended as indicated on the Map set forth in Exhibit "A", attached hereto , to
c han ge the zoning dis hict map category for the prope rty lo ca ted at 5795 Sunset Drive from "Specialty
Retail (S R)" with ''Hometown Di st ri ct Overlay'' designation to "Downtown SoMi (OS)" with no
"Hometo w n Distri ct Overlay" designation.
Section 3. Corrections. Confo rming language or technical scrivener-type conecti ons may
be made by the C ity Attorney for any conform in g a me ndme nts to be incorporated into tb e final
O rdinan ce for signatu re.
Section 4. Severability. If any section, clause, sente nc e, or phrase of this O rdinance is for
any reason he ld invalid or un co nstit11tional by a court of competent jurisdiction, the holding s h a ll not
affect the validity of th e remaining portions of this Ordin a nc e.
Section 5. Conflicts. That a ll ordinances o r parts of ordinances, resolution s or parts of
resolutions, in co nfli ct herewith, are repeale d to tbc exte nt of such conflict.
Section 6. Effective Date. This ord inance sha ll be conditioned on the enactment of an
ord in a nce amending t he Future Land Use Map 's des ig nation of the Prope r ty from "Mixed use
Comm erc ia l Residential (MUCR4)" to "Downtown SoMi (DS)" a nd this o rdin ance s ha ll become
effect ive upon the effective date of that amendment to the Future Land Use Map.
PASSED on first read ing on th e 7 th d ay of November, 2023.
PASSED AND ADOPTED on second reading on the 21'1 day of November, 20 23.
ATTES T:
CIT ~~~
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
FMAN COL E
' CITY A TTOR.NEY
YOR
COMMIS SION VOTE: 5-0
Mayor Fernandez: Yea
Vice Mayor Bonich: Yea
Commissioner Ca ll e : Yea
Co mmissio ner Liebman: Yea
Comm issioner Corey: Yea
Page 2 of3
Ord. No. 25-23-2476
Exhibit "A"
EXISTING ADOPTED ZONING MAP
"Specialty Retail (SR) with
Hometown District Overlay designation"
PROPOSED ZONING MAP
"Downtown SoMi (DS) with
no Hometown District Overlay designation"
SOUTH MIAMI ZONING MAP EXCERPT
LEGEND
D Downtown SoMi (DS)
D Specialty Retail/ Hometown Overlay (SR/ HO)
D Transit Oriented Development District (TODD)
D Public and Institutional (Pl)
Agenda Item No:10.
City Commission Agenda Item Report
Meeting Date: November 21, 2023
Submitted by: Marcus Lightfoot
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section:
Subject:
QUASI-JUDICIAL WARNING:
THE FOLLOWING MATTER IS CONSIDERED TO BE QUASI-JUDICIAL. PLEASE REVIEW THE
RESTRICTIONS THAT ARE MORE FULLY SET FORTH AT THE END OF THIS AGENDA.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE
ZONING MAP OF THE CITY OF SOUTH MIAMI, TO CHANGE THE ZONING DISTRICT APPLICABLE TO THE
PROPERTY LOCATED AT 5795 SUNSET DRIVE, FROM “SPECIALTY RETAIL (SR)” WITH HOMETOWN
DISTRICT OVERLAY DESIGNATION TO “DOWNTOWN SOMI (DS)” ZONING DISTRICT WITH NO
HOMETOWN DISTRICT OVERLAY DESIGNATION, BASED ON AN APPLICATION SUBMITTED BY
MIDTOWN DEVELOPMENT, LLC; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; AND AN
EFFECTIVE DATE. 4/5 (CITY MANAGER-PLANNING DEPT.)
Suggested Action:
Attachments:
CC_5795_Sunset_Dr._FLUM___Rezoning_Staff_Report_11142023__1_ (2).docx
Ordinance 5795 Sunset Drive Rezoning - SR 11.14.23
Exhibit A to Rezoning.docx
Survey Sheet 1 of 3 (Certified).pdf
Survey Sheet 2 of 3 (Certified).pdf
Survey Sheet 3 of 3 (Certified).pdf
Siteplan Sheet (Certified).pdf
MDBR Ad 5795 Sunset Drive.pdf
MH Ad 5795 Sunset Dr.pdf
MH Ad1.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:November 21, 2023
SUBJECT:Ordinance Amending the Zoning Map to Change the Zoning District Applicable to
the Property Located at 5795 Sunset Drive.
RECOMMENDATIONS
Comprehensive Plan Map Amendment
The staff analysis finds that the proposed map amendment to the Future Land Use Map of the
City of South Miami Adopted Comprehensive Plan is consistent with all review and evaluation
criteria. The City of South Miami Planning and Zoning Department recommends approval and
adoption of the proposed map amendment.
Zoning Map Amendment
The staff analysis finds that the proposed map amendment to the official Zoning Map of the City
of South Miami is consistent with all review and evaluation criteria. The City of South Miami
Planning and Zoning Department recommends approval and adoption of the proposed map
amendment.
Comprehensive Plan Text Amendment
The staff analysis finds that the proposed text amendment to Policy 1.1.1 of the City of South
Miami Adopted Comprehensive Plan is consistent with all review and evaluation criteria. The City
of South Miami Planning and Zoning Department recommends approval and adoption of the
proposed policy amendment.
Zoning Text Amendment
The staff analysis finds that the proposed text amendment to the City of South Miami Land
Development Code, specifically Section 20-3.1, “Zoning Use Districts and Purposes,” Section 20-
3.5, “Dimensional Requirements,” and Article XII, “Downtown SoMi District Regulations”is
consistent with all review and evaluation criteria. The City of South Miami Planning and Zoning
Department recommends approval and adoption of the proposed zoning text amendment.
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BACKGROUND:
The individual requests are companion ordinances that are part of a coordinated effortby the City
of South Miami (“City”)and the owner of the largest parcel in South Miami’s downtown to catalyze
redevelopment of the City’s downtown in response to today’s two greatest regional needs for
meeting housing demand at all income levels, and to locate new housing within the walkshed of
regional high-capacity transit infrastructure, specifically, the South Miami Metro Rail Station.
The land development regulation (“LDR”) changes that are proposed here stem from the City’s
ongoing Downtown Rezoning Study that is comprehensively reviewing every zoning district in the
City’s downtown area and commercial corridors to:
Stimulate redevelopment of outdated and obsolete commercial and residential properties;
implement mixed-use strategies to meet housing demand;
reduce automobile use by stimulating transit use, pedestrianism, and safe, enjoyable use
of bicycles and micro-mobility;
and thereby improve the quality-of-life and attractiveness of South Miami to attract
residents, business, and employment to a transit-oriented city, while protecting the green
and quiet life of its single-family neighborhoods.
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. The Comprehensive Plan is required by
and maintained in accordance with the State of Florida Growth Management Act, specifically
Florida Statutes Chapter 163, Part II “Growth Policy; County and Municipal Planning; Land
Development Regulation”. The status of the comprehensive plan and its relationship between the
zoning code and the comprehensive plan is defined by Sections 163.3194, 163.3201, and 163.3203
which in sum state the aforementioned constitutional character of the comprehensive plan for
land development, and that the zoning code is the legal implementation of the comprehensive
plan policies, and must be based on, related to, and the means of implementation for an adopted
comprehensive plan.
The Growth Management Act provides for three processes to amend the comprehensive plan: 1)
Evaluation and Appraisal Report (EAR) based amendments, 2) Expedited State Review, and 3)
Small Scale Amendments (Sec. 163.3187).
The comprehensive plan amendments proposed here relate only to the singular and contiguous
landarea designation called “Downtown SoMi” (“DS”). The Future Land Use Map (“FLUM”) change
will increase the land area designated as DS from 9.68 contiguous acres to 10.17 contiguous acres.
The proposed text changes to the Comprehensive Plan relate directly to and will be adopted
simultaneously with the small-scale future land use map amendment. Such amendments are
permissible by the small-scale amendment process pursuant to Florida Statutes Section 163.3187
Process for adoption of small-scale comprehensive plan amendment.
The procedures that have been performed toward implementing changes to the Downtown SoMi
land use designation and companion zoning designation are inaccordance 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
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procedures, they are necessarily enacted by the adoption of four (4) separate ordinances that only
together have the effect to meet the larger redevelopment intent. The four ordinances have
tracked through the required reviews as summarized in the table below, and on November 21,
2023, converge into four ordinances heard consecutively on the same night to implement the
redevelopment effort. The titles of the four ordinances in order, are:
1) an ordinance of the City Commission of the City of South Miami, Florida amending the
Future Land Use Map of the City of South Miami Comprehensive Plan, to modify a 0.49-
acre parcel at the northeast corner of Sunset Drive and SW 58th Street from “Mixed Use
Commercial Residential (MUCR4)” to the “Downtown SoMi (DS)” future land use category;
providing for corrections; severability; conflicts; and an effective date.
2) an ordinance of the City Commission of the City of South Miami, Florida amending the
official Zoning Map of the City of South Miami, to modify a 0.49-acre parcel at the
northeast corner of Sunset Drive and SW 58th Street from “Specialty Retail (SR)” with the
“Hometown Overlay (HO)” to the “Downtown SoMi (DS)” zoning district; providing for
corrections; severability; conflicts; and an effective date.
3) an ordinance of the 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
modify the description applicable to the “Downtown SoMi (DS)” future land use category;
providing for corrections; severability; conflicts; and an effective date.
4) an ordinance of the City Commission of the City of South Miami, Florida, amending Article
III “Zoning Regulations” of the land development code, including Sections 20-3.1, “Zoning
Use Districts and Purposes,” and 20-3.5, “Dimensional Requirements,” and Article XII,
“Downtown SoMi District Regulations” of the land development code, all to modify land
development regulations applicable to the “DS” Downtown SoMi district; providing for
corrections; severability; conflicts; and an effective date
This is a combined staff analysis for the map amendments and companion text amendments.
Table of Ordinance Reviews and Resulting Action
Ordinance
Future Land Use
Map
Amendment
Zoning
Map
Amendment
Comprehensive
Plan Text
Amendment
Zoning
Text
Amendment
City of South Miami Planning Board as
the City’s Local Planning Agency to
recommend to the City Commission
October 10,
2023
recommended
October 10,
2023
recommended
September 12,
2023
recommended
September 12,
2023
recommended
City of South Miami Commission 1st
Reading of an Ordinance
October 16,
2023
approved
October 16,
2023
approved
November 7,
2023
approved
November 7,
2023
approved
City of South Miami Commission 2nd
Reading of an Ordinance to Adopt
November 21,
2023
November 21,
2023
November 21,
2023
November 21,
2023
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Massing Illustration of Surrounding Area in South Miami
to Subject DS FLUM Designation and Zoning District
(shown in orange with existing buildings of DS District at 5795 and 5701 Sunset Drive)
Legend
Downtown SoMi (DS) Zoning District, City of South Miami
Specialty Retail (SR) Zoning District with Hometown Overlay (HO), City of South Miami
Buildings in Historic Overlay
Transit Oriented Development District, South Miami (TODD-MU5, TODD-MU6, TODD-MUM)
Mixed Use (MX-1, MX-2) Districts, City of Coral Gables
BU-1, BU-1A and BU-2 Districts, Unincorporated Miami Dade County
Public & Institutional, (PI), City of South Miami
Residential Office (RO), City of South Miami
Neighborhood Retail (NR), City of South Miami
General Retail (GR), City of South Miami
Hospital District (H), City of South Miami
Residential Multifamily (RM-18, RM-24) and Residential Townhouse (RT-6), City of South Miami
N
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LOCATION of the MAP AMENDMENTS
The area of the proposed map amendment is the 0.49-
acre southwest corner site of the former CVS store, at the
intersection of Sunset Drive and SW 58th Avenue.
Folio:09-4025-031-0170
Address:5795 Sunset Drive
Land Area:0.49 acres, 21,255 sq. ft.
Existing Use:Retail
Existing FLUM Designation:Mixed-Use Commercial
Residential (MUCR4)
Proposed FLUM Designation: Downtown SoMi (DS)
Existing Zoning Designation:Specialty Retail (SR) with
Hometown Overlay (HO)
Proposed Zoning Designation:Downtown SoMi (DS)
General Location:
East:The Shops at Sunset Place: retail and entertainmentcenter. It is designated on the City’s Future
Land Use Map as Downtown SoMi and zoned as Downtown SoMi (DS).
West:SW 58th Avenue. West of SW 58th Avenue is within the City of South Miami, with an area that
is characterized by urban-scale commercial and mixed-use development consisting generally
of 1 to 4-story buildings, with large areas of surface parking. This area is zoned Specialty Retail
(SR) and in the Hometown Overlay that permits up to 4-story mixed uses, a Floor Area Ratio
(FAR) of 1.6 and residential density of 24 DU/acre.
North:The Shops at Sunset Place: retail and entertainment center. It is designated on the City’s Future
Land Use Map as Downtown SoMi and zoned as Downtown SoMi (DS).
South:Sunset Drive (SW 72nd Street). South of Sunset Driveis within the City of South Miami, with an
area that is characterized by urban-scale commercial and mixed-use development consisting
generally of 1 to 4-story buildings, with large areas of surface parking and some structured
parking. This area is zoned Specialty Retail (SR) and in the Hometown Overlay that permits up
to 4-story mixed uses, FAR of 1.6 and residential density of 24 DU/acre. There is also a TODD-
MUM block that permits 10 stories. The area has had little development since it was rezoned
in 1999.
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AFFECTED LAND of the TEXT AMENDMENTS
The land area that is affected by the proposed
text amendments is the land of 5795 Sunset
Drive that is the subject of the FLUM
amendment, and land encompassed by the
existing Downtown SoMi (DS) Future Land Use
Map designation. In entirety, it includes all land
bounded by: South Dixie Highway to the north,
Sunset Drive to the south, Red Road to the east,
and SW 58th Avenue to the west.
5795 Sunset Drive 5701 Sunset Drive Combined
Folios 09-4025-031-0170 09-4025-031-0
Land Area 0.49 acres,
21,255 sq. ft
9.91 acres
421,639 sq. ft.
10.17 acres
442,894 sq. ft.
Building Area 9,325 sq. ft.516,656 sq. ft. (adj.)525,981 sq. ft.
Existing Use retail retail & entertainment not applicable
Proposed Use not applicable not applicable mixed-use
General Location:
East:Red Road (SW 57th Avenue) and City of South Miami Limits. East of the City limits is the of Coral
Gables, with an area that is characterized by urban-scale commercial development consisting
generally of buildings of up to 10 stories that include retail sales, food and drink services, professional
& personal services, offices, and residential mixed-use buildings. Most parking is within buildings,
except for some small surface lots and the 1-story commercial buildings that front South Dixie
Highway. There has been no recent development.
West:SW 58th Avenue. West of SW 58th Avenue is within the City of South Miami, with an area that
is characterized by urban-scale commercial and mixed-use development consisting generally of 1 to
4-story buildings, with large areas of surface parking. This area is zoned Specialty Retail (SR) and in the
Hometown Overlay that permits up to 4-story mixed uses, a Floor Area Ratio (FAR) of 1.6 and
residential density of 24 DU/acre.
North:South Dixie Highway (US-1). Further north from US-1 is the Metrorail, the South Miami
Metrorail Station and the Transit-Oriented Development district in the City of South Miami allowing
up to 8 and 12-story buildings without density or FAR maximums, and a 50 DU/acre minimum. County
rapid transit parcels allow even greater heights pursuant to a joint planning process.
South:Sunset Drive (SW 72nd Street). The area south of Sunset Drive is within the City of South Miami,
with an area that is characterized by urban-scale commercial and mixed-use development consisting
generally of 1 to 4-story buildings, with large areas of surface parking and some structured parking.
This area is zoned Specialty Retail (SR) and in the Hometown Overlay that permits up to 4-story mixed
uses, FAR of 1.6 and residential density of 24 DU/acre. There is also a TODD-MUM block that permits
10 stories and 130 feet of height.The area has had little development since it was rezoned in 1999.
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BACKGROUND & NEED for the AMENDMENTS
The Downtown SoMi Future Land Use designation of the City’s Comprehensive Plan and Article XII
–Downtown SoMi District Regulations and the Downtown SoMi were both adopted by Ordinance
13-19-2326, 14-19-2327, and 15-19-2328 and on April 23, 2019. The Downtown SoMi designation
and companion LDR were proposed and adopted for the purpose of effectuating the
redevelopment of The Shops at Sunset Place and providing for appropriate densities, intensities
and uses on the site. The regulations were based on the findings of the Planning and Zoning
Department working with the property owner to develop the project to become the nucleus of
downtown South Miami redevelopment. The program was focused on contemporaneous market
expectations(1999)thathavebecomeoutdatedandobsoletetotheneedsin2023andthefuture.
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 dramatically shifted from emphasizing retail and office space, to great demands for
affordable, workforce, and market rate housing in compact mixed-use developments near high-
capacity transit, with flexible workspaces, visitor spaces, and flexible retail focused on a
combinationofplacemakingactivities(food&beverage,specialtyretail,entertainment)withdaily
needs to accommodate residents within a walking distance.
TheDowntownSoMidistrict islocatedprominentlyattheconfluenceofaSouthMiamiMetroRail
station, SouthDixie Highway(US-1)the only majorurban arterialthat servesallof the easterntier
of South Miami-Dade County, and two major County section line roads, Red Road (SW 57
th
Avenue) and Sunset Drive (SW 72
nd Street) with Sunset Drive also being the main street for South
Miami.
The chief intent of the DS amendments is to respond to the current projections for mixed use
programming in transit-oriented development areas. Florida’s Community Planning Act (Sections
163.3164 et seq. of the Florida Statutes) directs municipalities to maintain a comprehensive plan
for their future development and growth and authorizes them to maintain and examine said plan
from time to time to adjust to changing needs. The City Commission of the City of South Miami is
committed to maintaining consistency with state requirements and policy direction and, to
implementing municipal goals and objectives through flexible and performance-oriented land
development regulations and incentives, increasing predictability in development outcomes, and
supporting responsible and well-placed development in the City. Consistent with this objective,
the combined amendments stimulate a geographically and functionally unified development
program that addresses contemporary and future market expectations and the demand for
housing in South Dade.
With the central location of the Downtown SoMi district to the South Miami downtown areas,
walking distance to the South Miami Metro Rail Station, and adjacency to the mixed-use district
in neighboring City of Coral Gables, the Downtown SoMi amendments are anticipated to stimulate
redevelopment in the surrounding South Miami “Hometown District” and the South Miami
“Transit Oriented Development (TOD) District” that supports housing goals and supports a mixed-
use development character and intensity commensurate with supporting transit ridership. The
current South Miami Downtown Rezoning Study will continue and recommend additional changes
to other zoning districts to support these goals.
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The Miami-Dade Residential Land Supply / Demand Analysis is done to determine the adequacy
of the existing capacities to accommodate projected growth. According to this analysis, South
Dade is depleted of land available for single-family homes and will have no more land available
for the development of multi-family homes in 2036, even though demand remains high. The
analysis summarizes a dire situation when combined with the great emphasis that the County has
established to control urban sprawl and develop housing near Metrorail Stations and in Rapid
Transit Zones (RTZ). There is no significant land near Metrorail for development of single-family
homes, and the development of single-family homes is contrary to the County’s RTZ policies and
the City’s Transit Oriented Development policies. The nearly unachievable reality to develop
single-family homes results in the understanding that the demand for single family homes signals
demand for larger, market rate multifamily residential to satisfy these needs.
The Downtown SoMi designated and zoned land, because of its large size and location at the three
most important traffic corridors in the City, as well as its immediate proximity to Metrorail, is a
critical property within the City. It acts as both a gateway and an anchor for the City’s downtown.
The existing development on the Sunset Place Property is limited to an underperforming shopping
mall that is largely inward facing, and that fails to relate to and activate Sunset Drive, Red Road,
and the remainder of the City’s downtown in a positive and meaningful degree. In its current state,
it squanders its role as a gateway property and largely fails to attract public attention, investment,
and foot traffic that would benefit the City, its residents, and surrounding businesses.
The intent of the City’s Comprehensive Plan envisions development that better leverages the large
size of the property, its proximity to transit opportunities, and its connection to the surrounding
roadway network, in order to create a gateway development that can anchor the City’s downtown
and Sunset Drive, provide and attract pedestrian activity through development, and provide the
much-needed housing and office use, together with destination ground-level retail uses with
medium and small footprints to create an attractive, walkable, inviting experience for pedestrians
and potential spaces for local business ownership. Increased height and increased residential
density paired with a reduction in overall commercial floor area will encourage smaller footprints
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and greater open space at ground level. The more urban and walkable design is to become the
nucleus of the downtown fabric.
SUMMARY OF CHANGES –FUTURE LAND USE MAP
EXISTING ADOPTED FLUM EXCERPT PROPOSED FLUM EXCERPT
SOUTH MIAMI FUTURE LAND USE MAP EXCERPT
LEGEND
Downtown SoMi (DS)
Mixed-Use Commercial Residential (MUCR4)
Transit Oriented Development District (TODD)
Public and Institutional (PI)
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Effect of Future Land Use Map Amendment on Subject Property
5975 Sunset Drive
Regulation Existing
Proposed
without Text
amendments
Proposed
with Text
Amendments
Affected Land Area 0.49 acres,
21,255 sq. ft
0.49 acres,
21,255 sq. ft
0.49 acres,
21,255 sq. ft
Future Land Use Map Designation
Mixed Use
Commercial /
Residential 4
(MUCR4)
Downtown SoMi
(DS)
Downtown SoMi
(DS)
General Uses Required Mixed Use Permissive
Mixed Use
Permissive
Mixed Use
Area: minimum contiguous area
maximum contiguous area
5.00 acres
10.00 acres
5.00 acres min.
10.00 acres max.
this land cannot be
redesignated without
text amendment
10 acres min.
no maximum
permits the inclusion of
this land in the DS
category
FAR: 1.60 3.00 1.80
Non-Residential Floor Area at Max FAR 34,008 sq. ft.63,765 sq. ft.38,259 sq. ft.
Density (maximum)24 DU/acre 65 DU/acre 150 DU/acre
Residential Units at Maximum Density 11 31 73
Building Height 4 stories
17 stories
and 195 feet
and as further regulated
by zoning code
33 stories
as further regulated by
zoning code
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SUMMARY OF CHANGES –ZONING MAP
EXISTING ADOPTED ZONING MAP EXCERPT PROPOSED ZONING MAP EXCERPT
SOUTH MIAMI ZONING MAP EXCERPT
LEGEND
Downtown SoMi (DS)
Specialty Retail / Hometown Overlay (SR / HO)
Transit Oriented Development District (TODD)
Public and Institutional (PI)
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Effect of Zoning Map Amendment on Subject Property
5975 Sunset Drive
Regulation Existing
Proposed
without Text
amendments
Proposed
with Text
Amendments
Affected Land Area 0.49 acres,
21,255 sq. ft
0.49 acres,
21,255 sq. ft
0.49 acres,
21,255 sq. ft
Zoning Designation
Specialty Retail (SR),
Hometown Overlay
(HO)
Downtown SoMi
(DS)
Downtown SoMi
(DS)
General Uses Required Mixed Use Permissive
Mixed Use
Permissive
Mixed Use
Area: minimum contiguous area
maximum contiguous area
5.00 acres
10.00 acres
5.00 acres min.
10.00 acres max.
this land cannot be
redesignated without
text amendment
10 acres min.
no maximum
permits the inclusion of
this land in the DS
category
FAR: 1.60 3.00 1.80
Non-Residential Floor Area at Max FAR 34,008 sq. ft.63,765 sq. ft.38,259 sq. ft.
Density (maximum)24 DU/acre 65 DU/acre 150 DU/acre
Residential Units at Maximum Density 11 31 73
Building Height (maximum)4 stories
and 45 feet 70 feet
front to 30 ft. back
2 stories
30 ft. to 105 ft. back
4 stories with 50% at
12 stories w/ bonus
after 105 ft back
7 stories w/o bonus
15 stories w/ bonus
Open Space 70%not regulated
15%
minimum 17.5% to
qualify for bonuses
Building Coverage 30%70%80%
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TEXT AMENDMENT –COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT
POLICY 1.1.1
Downtown SoMi (DS):
The Downtown SoMi (DS) category is intended to provide for the establishment of place-making
mixed-use and transit-oriented development that is urban in form and scale, and addresses the
scale and compatibility to the established context of Sunset Drive.This category authorizes a
mixture of uses, densities, intensities, and heights that contribute to a vibrant urban experience
within walking distance to rail-based rapid transit. The Downtown SoMi area comprises a
contiguous parcels of land that is of ten (10) acres or greater (or less)and located southeast of
principal arterial US 1/South Dixie Highway (US-1), west of minor arterial Red Road (SW 57th
Avenue) /Red Road, and north of minor arterial Sunset Drive (SW 72nd Street) /Sunset Drive, and
east of SW 58th Avenue.Permitted uses and structures on both a temporary and permanent basis
include retail, restaurant, residential, hotel, office, entertainment, theaters, and attractions,
permanent and nonpermanent kiosks, active rooftop uses, and those uses reasonably accessory
thereto.
Permitted heights in the DS category shall be up to a base height of 12 stories, with bonuses
available to reach 33 stories in specific locations and provided bonuses are achieved, both as
further 195 feet as defined in the Downtown SoMi (OS) district regulations of the South Miami
Land Development Code.
The permitted Floor Area Ratio (F.A.R.) shall be up to 1.8 3.0 and shall only apply to non-residential
structures. Permitted residential density shall be up to150 65 dwelling units per acre. Hotel uses
within this category shall be deemed part of the commercial intensity and shall not be counted
for purposes of calculating residential density or intensity.For the avoidance of doubt,Residential
uses shall not count towards F.A.R. and commercial uses (including hotel uses) shall not count
towards residential density.
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Effect of Future Land Use Text Amendment on Subject Property
5975 Sunset Drive and 5701 Sunset Drive
Regulation Existing Proposed
Affected Land Area 10.17 acres
442,894 sq. ft.
10.17 acres
442,894 sq. ft.
Future Land Use Map Designation Downtown SoMi (DS)Downtown SoMi (DS)
General Uses Permissive Mixed Use Permissive Mixed Use
Area: minimum contiguous area
maximum contiguous area
5.00 acres min.
10.00 acres max.
10 acres min.
no maximum
FAR: 3.00 1.80
Non-Residential Floor Area at Max FAR 1,328,682 sq. ft.797,209 sq. ft.
Density (maximum)65 DU/acre 150 DU/acre
Residential Units at Maximum Density 661 1,525
Building Height 17 stories
and 195 feet 33 stories
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TEXT AMENDMENT –LAND DEVELOPMENT REGULATIONS
Downtown SoMi (DS):
The Sections 20-3.1, “Zoning Use Districts and Purposes,” and 20-3.5, “Dimensional
Requirements,” and Article XII, “Downtown SoMi District Regulations” are amended as provided
in Exhibit “A” to modify the land development regulations applicable to the “DS” Downtown SoMi
district that will implement the proposed Comprehensive Plan text amendment, consistent with
the intent that the comprehensive plan shall be implemented, in part, by the adoption and
enforcement of appropriate land development regulations and that these shall be based on, be
related to, and be a means of implementation for an adopted comprehensive plan. (Section
163.3201, Florida Statutes).
Table 1 below provides a summary of pertinent changes proposed by the zoning amendment.
Effect of Future Land Use Text Amendment on Subject Property
5975 Sunset Drive and 5701 Sunset Drive
Regulation Existing Proposed Comments
Affected Land Area 10.17 acres
442,894 sq. ft.
10.17 acres
442,894 sq. ft.
includes FLUM
amendment area
Base Zoning District Name Downtown SoMi
(DS)
Downtown SoMi
(DS)
General Uses Mixed Use Mixed Use
Area: minimum contiguous area
maximum contiguous area
5.00 acres
10.00 acres
10 acres
No maximum
Maximum practical area
of application limited by
necessity for contiguous
area before dedications
FAR: 3.00 1.80 decrease of 1.20
Non-Residential Floor Area at Max
FAR 1,328,682 sq. ft.797,209 sq. ft.decrease of 531,473 sq. ft.
(40%)
Density (maximum)65 DU/acre 150 DU/acre increase of 85 DU/acre
does not include hotel use
Residential Units at Maximum
Density 661 1,525 increase of 864 residences
does not include hotel use
Building Coverage 90%80%Sec. 20-12.9
Impervious Area 90%90%Sec. 20-12.9
Open Space not directly regulated 15%Sec. 20-12.9
Sub-Zones
Gateway
Village
US-1 Gateway
Central Zone
Village Zone
Sunset Zone
Sec. 20-12.8
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Regulation Existing Proposed Comments
Depth of Sub-Zone (north-south, east edge,
from Sunset Drive):
Sunset Sub-Zone
Village Sub-Zone
Central Sub-Zone
Gateway Sub-Zone
195 ft.
not applicable
761 ft.
not applicable
105 ft.
105 ft.
290 ft.
456 ft.
Floors/Bldg. Height without bonus
Sunset Sub-Zone
Village Sub-Zone
Central Sub-Zone
Gateway Sub-Zone
not applicable
70 ft.
not applicable
17 stories, 195 ft.
2 or 4
7 stories, 70 ft.
part 7, part 17
up to 12
decrease from 70 ft.
no change
part increase, part no
change
change
Max Floors/Bldg. Height with bonus
Sunset Sub-Zone
Village Sub-Zone
Central Sub-Zone
Gateway Sub-Zone
.
not applicable
not applicable
not applicable
not applicable
.
12 stories
15 stories
25 stories
33 stories
increase by 8 floors
increase by 8 floors
increase by 15 floors
increase by 21 floors
US-1 Setback 0 ft.to be regulated
upon and with
review and approval
of the initial site
plan as required –
City Commission
decision
Section 20-12.13
Sunset Drive Setback 0 ft.
Red Road Setback 0 ft.
SW 58th Avenue Setback 0 ft.
Parking Requirement Change no no change
Permitted Heights – Bonuses (Section 20-12.8)
All height increases above the existing permitted heights of development in the DS zoning district
are to be attained by participating in the bonus program. The important characteristics for
providing useful and meaningful bonuses as incentives are:
Bonuses are in exchange for buildable, permanent characteristics that are a public benefit;
There is reasoned economic parity between the benefit sought and the development bonus, such
that the bonus provides a good incentive for providing the public benefits, while not providing an
easy give-away that does not create enough public benefit;
the bonus does not incur a financial cost to the City;
provide a menu of possible benefits that a developer can provide for development bonuses;
limit the cumulative effect of development bonuses overall;
limit bonuses away from sensitive areas where additional benefit would be to the detriment of
existing neighborhoods or preservation areas.
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There are qualifications required to participate in the bonus program, which has three types of
bonuses: tier 1 bonuses for site attributes, on-site enhancement-based bonus, and bonuses
awarded by participation in the City’s public benefits program (to be established).
The tier 1 bonus is awarded based on the size of the development site. The initial qualifications
for tier 2 bonuses are that to develop with bonus height, the project must obtain gross floor area
in an amount equal to the total of the gross floor area of each of the proposed bonus floors
irrespective of whether the use of such floors is residential or nonresidential (“bonus floor area”)
by providing one or more of the following:
(i) development of on-site qualifying enhancements on the property;
(ii) Conversion of unused nonresidential gross floor area at a rate of 1.3 square feet of bonus
floor area per 1 square foot of converted nonresidential gross floor area1;
(iii) Conversion of unused gross floor area within the Sunset Zone at a rate of 1 square foot of
bonus floor area per 1 square foot of unused gross floor area within the Sunset Zone2; and
(iv) contributing $12 per square foot of bonus floor area, with 25% due on or before
administrative site plan approval, and the 75% balance due at building permit, all to be
deposited in the City’s public benefits trust fund to be established by Commission action.
The contribution amount shall be increased by the percentage increase in the Consumer
Price Index (all urban consumers or its equivalent index), with a base date of January 1,
2024, and increased after two years, and every year thereafter.
The on-site qualifying enhancement include:
1. Development of open space with publicly accessible rights-of-way or plazas – 4:1 bonus.
If open space, in the aggregate for the project, exceeds 17.5% of the gross lot area of the
property, then each square foot of open space shallqualify for four (4) square feet of bonus
floor area.
2. Development of affordable housing – 3:1 bonus. For each square foot of affordable
housing developed, the development shall qualify for three (3) square feet of bonus floor
area.
3. Development of workforce housing – 2:1 bonus. For each square foot of workforce
housing developed, the development shall qualify for two (2) square foot of bonus floor
area.
4. Condominium – 1:5 bonus. For each five (5) square feet of residential gross floor area
dedicated to condominium ownership, the development shall qualify for one (1) square
foot of bonus floor area up to maximum of 100,000 square feet of bonus.
5. Sustainability – 1:5 bonus and 1:3 bonus. Provided all buildings on the property above
50,000 square feet of aggregate floor area are constructed for certification to a minimum
LEED Silver or equivalent certification, individual buildings developed to higher
sustainability standards shall contribute bonus height.
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COMPATIBILITY REVIEW
The compatibility has been reviewed with respect to the existing conditions at the time of
approval and the existing land development regulations for the surrounding area.
Building Height, People-Oriented Open Space and Urban Street Grid: These are the three most
defining components of a quality downtown and transit-oriented district that people experience.
The table on the following page and its accompanying mass model diagrams that follow provide a
summary of the building height and open space requirements of the land development
regulations for each zoning district that is within 1,000 feet of the DS zoning district. The most
salient feature of all of land development regulations is the focus on urban development 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 Metro Rail stations. This is particularly
true of the zoning districts that have been adopted in the last decade both in South Miami and
Coral Gables. Surrounding the DS District are the TODD and SR districts in South Miami, and the
MX districts in the City Coral Gables. They are each mixed use, and the TODD and Coral Gables MX
districts both use bonuses and permit urban scale heights in the range of 8 to 14 stories along with
urban-form buildings with high building coverage, thereby incentivizing the use of land for
occupation by buildings and people-oriented open space instead of parking lots. Equally
important, all of the zoning districts have a fine grain urban street grid that allows for people to
circulate throughout the TOD area. The proposed regulations for Downtown SoMi improve on
these objectives by permitting greater height that is located toward US-1 and transitions to
respect the historic main street character of Sunset Drive, and the additional height is only
achieved through bonuses. Key among these is an increase in open space and the ability to trade
increased height for breaking up the 10.17-acre mega-block into smaller blocks that match the
grid of the surrounding area and activate the pedestrian environment. The concepts are
demonstrated visually in the mass models shown on the following pages. The first shows the
existing buildings in the area, within the translucent zoning envelopes for each block, each
showing the maximum heights permissible for each district, and the existing zoning envelope for
the DS district. The second shows the proposed DS zoning codes and heights without bonuses,
and the third diagram shows bonus heights with the necessity to achieve the bonus by permeating
the mega-block with vehicular or pedestrian ways, increased open space, and the bonus
requirement to build only 50% of the DS Sunset Zone at more than 2 stories. The design shown is
only for illustration of the concept, and not a specific design requirement.
Commercial Intensity and Residential Density: Whereas height, open space and grid size are what
people experience, Floor Area Ratio (FAR) and Residential Density (Dwelling Units per Acre) are
the tools for a pedestrian, transit-oriented district tobe activated and be sustainable. The adjacent
TODD districts allow for unlimited density and intensity, up to what will fit within their building
envelopes. A recent approval for TODD MUM was at 149 DU/ac. at 9 stories, and another recent
approval in TODD-MU6 was for 196 DU/ac. at 10 stories. The Coral Gables MX-1/MX-2 districts
permit maximum density of 125 DU/ac. and FAR of 3.5 with bonuses.
Compatibility: The proposed characteristics of the Downtown SoMi designation and zoning district
are compatible with their immediate surroundings, and promote improved integration with the
surrounding area, and greater stimulus to develop the downtown as a transit-oriented district,
especially through subsequent recommendations of the ongoing Downtown Rezoning Study.
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Downtown SoMi District Surrounding Area Height, Open Space, Street Grid, Density, Intensity
ZoningDistrict
South Miami FLUM Category
Distance from DS District
Maximum Height
Maximum Height with
Bonus
Building Coverage Average Block Size FAR Res. Density
ProposedDS Gateway Zone Downtown SoMi not applicable 12 stories 33 stories 80%3.9 acres or less
1.80 150 DU/ac.
ProposedDS Central Zone Downtown SoMi not applicable 10 stories 25 stories 80%3.7 acres or less
ProposedDS Village Zone Downtown SoMi not applicable 7 stories 15 stories 80%1.3 acresor less
ProposedDS Sunset Zone Downtown SoMi not applicable 4 stories50 ft.12 stories 80%1.3 acresor less
Existing
DS Gateway Zone
Downtown
SoMi
not
applicable
17 stories,
195 ft.not applicable 90%10.17 acres 3.00 65 DU/ac.ExistingDS Village Zone Downtown SoMi not applicable 70 ft.
Hometown Overlay (HO) Specialty Retail (SR)
Mixed Use Commercial Retail (MUCR4)
adjacent across Sunset Drive
4 stories50 ft.not applicable 30%1.6 acres 1.60 24 DU/ac
Transit Oriented Development Mixed Use Market TODD 550 ft. southwest 6 stories 9 stories130 ft.100%1.9 acres not regulated
unlimitedsite plan at 149
Transit Oriented Development Mixed Use 6 TODD adjacent across US-1,Metro Rail 8 stories 12 stories150 ft.100%2.4 acres not regulated
unlimitedsite plan at 196
Transit Oriented Development Mixed Use 5 TODD adjacent across US-1,Metro Rail 4 stories 8 stories100 ft.100%2.7 acres not regulated not regulated
Transit Oriented Development Public / Institutional TODD adjacent across US-1,Metro Rail
not regulated not applicable 100%4.5 acres not regulated not regulated
Public & Institutional
Public & Institutional(PI)
adjacent across US-1,Metro Rail 30 ft.not applicable 30%acres 0.80 not applicable
Mixed Use 2(MX2)Coral Gables adjacentw/o Red Rd.70 ft.8 stories97 ft.90%3.8 acres 3.50 125 DU/ac.
Mixed Use 1(MX1)Coral Gables 250 ft. west 45 ft.6 stories77 ft.90%3.8 acres 3.50 125 DU/ac.
Business Use 2(BU-2)Dade County adjacentRed & Sunset 8+ stories not applicable 40%0.2 acres 0.84
at 8 stories
not applicable
Business Use 1 Dade County acrossRed & Sunset 4 stories45 ft.not applicable 40%0.7 acres 0.73 not applicable
Business Use 1A Dade County acrossRed & Sunset 4 stories45 ft.not applicable 40%0.5 acres 0.73 not applicable
Residential Office (RO)Business Office (BO)1,000 ft.south 2 stories25 ft.not applicable 30%4.4 acres 0.30 not applicable
Neighborhood Retail (NR)Business Office (BO)750 ft.south 2 stories25 ft.not applicable 30%1.4 acres 0.25 not applicable
Residential Multifamily-24 Multi-Family Residential 750 ft.south 4 stories50 ft.not applicable 70%2.1 acres not applicable 24DU/ac.
Residential Townhouse-6 Townhouse Residential(TR)1,000 ft.south 2 stories25 ft.not applicable 40%0.6 acres not applicable 6 DU/ac.
Downtown SoMi Surrounding Zoning Building Envelopes and Existing Development
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Existing Downtown SoMi Comprehensive Plan and Zoning
Downtown SoMi Surrounding Zoning Building Envelopes and Existing Development
Proposed Downtown SoMi Comprehensive Plan and Zoning –No Bonus
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Legend
Downtown SoMi (DS) Zoning District, City of South Miami
Specialty Retail (SR) Zoning District with Hometown Overlay (HO), City of South Miami
Buildings in Historic Overlay
Transit Oriented Development District, South Miami (TODD-MU5, TODD-MU6, TODD-MUM)
Mixed Use (MX-1, MX-2) Districts, City of Coral Gables
BU-1, BU-1A and BU-2 Districts, Unincorporated Miami Dade County
Public & Institutional, (PI), City of South Miami
Residential Office (RO), City of South Miami
Neighborhood Retail (NR), City of South Miami
General Retail (GR), City of South Miami
Hospital District (H), City of South Miami
Residential Multifamily (RM-18, RM-24) and Residential Townhouse (RT-6), City of South Miami
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Proposed Downtown SoMi Comprehensive Plan and Zoning
Conceptual Zoning Envelope at Maximum Earned Bonus
with Necessary Increase in Open Space, Permeation of Meg-Block with Streets and
Requirement for 50% of Sunset Zone Remaining at 2 Stories
(DS zoning envelope without bonus in light orange, DS zoning bonus envelope in light brown)
(Street pattern and locations, and variable elevation of Sunset Zone is conceptual. The code
provides criteria, and the actual design will be a product of the applicant design team. The site
plan application will vary.)
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COMPREHENSIVE PLAN & ZONING AMENDMENTS – TEXT & MAP ANALYSIS
The following is the City of South Miami Planning Staff review of the requested companion
amendments City of South Miami Comprehensive Plan and the City of South Miami Land
Development Regulations (LDR), pursuant to the procedures and requirements in Section 20-5.6
(C) and Section 20-5.7 (B) of the City of South Miami LDR. The City’s code for reviewing the
amendments to the Comprehensive Plan and Land Development Code does not include specific
enumerated criteria and standards. This professional planning staff review uses generally
accepted, professional and objective criteria that are consistent with State of Florida Growth
Management statutes and are similar to and based on Miami-Dade County criteria in which the
City of South Miami is located.
Criterion 1: Consistent with the Adopted Comprehensive Plan
This analysis responds to the changes in policy direction that are provided by the Comprehensive
Plan amendment as implemented by specific requirements and incentives of the zoning text
amendment.
Criterion:Whether the proposal is consistent with the Comprehensive Plan, including the
adopted infrastructure minimum levels of service standards and the Village's
concurrency management program.
Analysis:The specific goals, objectives and policies of the City of South Miami adopted
Comprehensive Plan that are relevant to the proposed amendment are listed
below (in italicized typeface), with an evaluation for each policy in black typeface.
As broader aspirational statements of intent, the Goals and Objectives are not
directly evaluated, but provided for reference to the intent of policies. Each policy
is evaluated as:
Supportive: the proposed amendment directly furthers the policy in a
measurable or otherwise material way
Consistent: the proposed amendment does not further the policy as above
and does not countervail or reduce it.
Not Consistent: the proposed amendment directly countervails the policy.
FLU OBJECTIVE 1.1 Future Land Use and Land Development Code Coordination
The City shall implement its Future Land Use Plan Map and land use categories through its Land
Development Code. Uses that are inconsistent with the community character as set forth on the
Future Land Use Map and land use categories shall be eliminated with proper respect for the vested
rights of property owners. Amortization shall not be used to implement this objective.
Supportive: The proposed amendments have been developed with the cooperation of the
property owners and their vested rights have been fully preserved. The property owners have
agreed to give up certain rights (commercial floor area) in exchange for others (increased density
and height).
FLU Policy 1.1.2
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The City shall periodically review and, as appropriate, revise its land development regulations in
order to: eliminate inconsistencies with the Comprehensive Plan and other goals contained in City-
adopted documents. Public input on the revisions shall be obtained through a variety of sources
and activities. Revisions should implement recommendations contained in neighborhood or special
area plans; ensure appropriate transitions between different neighborhoods and uses; ensure
appropriate height and site development requirements; promote pedestrian friendly, mixed-use
development and redevelopment; buffer neighborhoods from the encroachment of incompatible
uses; provide additional standards regulating tear-downs and new construction, reconstruction or
additions in developed single family residential neighborhoods 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. They ensure an appropriate transition to
the Sunset Drive Corridor and promotes pedestrian-friendly, mixed-use 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 map amendment creates
a better opportunity for consistent design at the west edge along Sunset Drive.
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 compact mixed-use development at higher density that the amendments fosters
a compact downtown that supports the goal of reducing urban commercial sprawl, concentrating
an urban mix of uses in a core area.
FLU OBJECTIVE 1.2 Historic Preservation
Preserve historic buildings, sites and districts located within the City through the appropriate
mechanisms.
FLU Policy 1.2.2
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The historic character of Sunset Drive, as evidenced by its designation as a historic roadway both
to the east and west of the City, should be continued within the City of South Miami via State or
Federal designation.
Supportive: The DS amendments, including the changes to the zoning text, provide for substantial
decrease in height, intensity, and massing along Sunset Drive to support the scale of the historic
context along Sunset Drive.
FLU OBJECTIVE 1.3 Public Facilities
Assure adequate public facilities to serve new development.
FLU Policy 1.3.1
The development code shall include language that continues to require that the developers shall
provide drainage, sewer connections and other public facilities as feasible in conformance with
level-of-service standards and concurrent with the development. Development permits shall be
conditioned on the provision of such facilities.
Consistent: The amendments do not contain any language that abrogate the provision of
adequate infrastructure.
FLU Policy 1.3.2
The City shall seek to ensure bicycle and pedestrian connectivity in all areas within its boundaries,
in accordance with neighborhood plans, and the Intermodal Transportation Plan.
Supportive. The amendments provide, through the bonus program, opportunities to create new
streets or public easements that enhance connectivity.
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 contain any language that abrogates 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 DS amendments have considered volumetrics, and provide for substantial
decrease in height, intensity, and massing along Sunset Drive to support the scale of the historic
context along Sunset Drive. Sunset Drive is a low-rise commercial corridor with properties further
south providing mixed uses. Likewise Red Road and US1 are commercial corridors with mixed
uses, so the mixed-use character fostered by the DS amendments renders additional transitions
unnecessary.
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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 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 DS amendments provide a bonus program that incentivizes the construction of
buildings to progressively higher LEED certifications, or their equivalent.
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 DS amendments provide a bonus program that incentivizes the construction of
buildings to progressively higher LEED certifications, or their equivalent
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 DS amendments provide a bonus program that incentivizes the construction of
buildings to progressively higher LEED certifications, or their equivalent.
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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 DS amendments provide a bonus program that incentivizes the construction of
buildings to progressively higher LEED certifications, or their equivalent.
FLU Policy 1.8.3
Within two (2) years of adoption of this element, the City shall explore incentives for use of green
building standards in new development and redevelopment.
Supportive: The DS amendments provide a bonus program that incentivizes the construction of
buildings to progressively higher LEED certifications, or their equivalent.
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 DS amendments provide for pedestrian-enhanced, mixed-use development with
residential density that is commensurate with the core area around the South Miami Metrorail
station that is across US-1.
FLU GOAL 2 HOMETOWN DISTRICT
To preserve and enhancethe City's Hometown District (as identified in the City’s Land Development
Code) by continuing to foster its development and redevelopment as a vibrant, walkable, mixed-
use town center as envisioned in the Hometown plans, Community Redevelopment Agency plans,
and other plans that may be adopted by the City.
FLU OBJECTIVE 2.1 Encourage Development within Hometown District
Discourage urban commercial sprawl by enhancing downtown South Miami as the City’s prime
retail and commercial service center, in accordance with the Future Land Use Map. There shall be
no major commercial rezonings of single-family residential properties.
Supportive: The location of a significant number of residential units will stimulate sustainable
development and use of the Hometown District, while supporting the historic massing and scale
of the Sunset Drive Corridor.
FLU Policy 2.1.3
By 2023, the City shall initiate an update to the Hometown District Master Plan.
28
Downtown SoMi (DS) Comp Plan and LDC Text Amendments, and 5795 Sunset Drive FLUM & Rezoning Applications
November 21, 2023
Page 28 of 32
Consistent: The DS amendments have anticipated zoning updates to the area that is the
Hometown District, and consider permitted land uses and parking requirements consistent with
what is anticipated for the area.
FLU Policy 2.1.4
Shared parking regulations shall be adopted.
Consistent: The DS amendments have incorporated shared parking evaluations in the
establishment of parking requirements that are anticipated to be proposed for the area that the
Hometown District.
FLU GOAL 3 Transit-Oriented Development District (TODD)
Provide for increased intensity of mixed-use projects and flexible building heights in designated
Transit-Oriented Development Districts (TODD), to the extent that development and
redevelopment in these districts does not adversely impact surrounding primarily residential
neighborhoods and uses.
FLU OBJECTIVE 3.1 Support higher densities and intensities in TODD
Support higher densities and intensities in the TODD areas to take advantage of the proximity of
the Metrorail and create an area where residents can live and work in a pedestrian- oriented
environment.
Consistent: The DS amendments support higher densities and intensities that are consistent with
the adjacent TODD areas.
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: The DS amendments enhance the function of the designation and zoning district as a
transit-oriented district. The DS map amendment expands the district, further enhancing the
function and effect of its transit support.
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: The DS amendments have anticipated zoning updates to the TODD area, and consider
permitted land uses and parking requirements consistent with what is anticipated for the area.
Finding:The proposed Downtown SoMi amendments are consistent with Criterion 1.
29
Downtown SoMi (DS) Comp Plan and LDC Text Amendments, and 5795 Sunset Drive FLUM & Rezoning Applications
November 21, 2023
Page 29 of 32
Criterion 2: Change in Land Development Conditions
Criterion:Whether, and the extent to which, land use and development conditions have
changed since the effective date of the existing comprehensive plan, and whether
the changes support or work against the proposed amendment.
Analysis:Land development conditions have changed. Since 2019, with the catalyst of the
COVID-19 Pandemic, and the dramatic ensuing socio-economic changes of in-
migration to South Florida, working from home, and shopping from home, the land
development market has dramatically shifted from emphasizing retail and office
space, to the current reality in 2023 with great demands for affordable, workforce
and market rate housing in compact mixed-use developments near high-capacity
transit. The chief intent of the DS amendments is to respond to the current
projections for mixed use programming in transit-oriented development areas. See
analysis section entitled “Background & Need for the Amendments.”
Finding:The proposed Downtown SoMi amendments are consistent with Criterion 2.
Criterion 3: Incompatible Land Use
Criterion:Whether, and the extent to which, the proposal would result in any incompatible
land uses, considering the type and location of uses involved, the impact on
adjacent or neighboring properties, consistency with existing development, as
well as compatibility with existing and proposed land uses.
Analysis:The land area affected by the proposed DS amendments is surrounded on all sides
by urban-scaled mixed-use development in both the City of South Miami and the
City of Coral Gables. In addition, these lands are surrounded on three sides by
major county and state arterial roadways and high-capacity rail transit with a
station within 1,500 feet walking distance. The proposal is compatible and
supportive with the current development and the future planned development of
its surrounding area.
Finding:The proposed Downtown SoMi 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 DS amendments provide for gateway mixed-use development to
anchor commercial business and residential redevelopment in the Hometown
District by providing a significant increase of daytime population and residents
within walking distance of the Hometown District. The proposed amendments are
expected to beneficially affect property values in the affected and surrounding
area. With the introduction of incentives for additional open space and streets, the
proposed amendments are also expected to beneficially affect the quality-of-life
for residents in the area and the City as a whole.
Finding:The proposed Downtown SoMi amendments are consistent with Criterion 4.
30
Downtown SoMi (DS) Comp Plan and LDC Text Amendments, and 5795 Sunset Drive FLUM & Rezoning Applications
November 21, 2023
Page 30 of 32
Criterion 5: Orderly and Compatible Land Use Pattern
Criterion:Whether the proposal would result in an orderly and compatible land use
pattern. Any positive and negative effects on such pattern shall be identified.
Analysis:The proposed DS amendments establish the largest contiguous land area that is
bounded by major transportation infrastructure as the densest development from
which the surrounding areas transition towards the lower density neighborhoods.
It also responds to transition along the US-1 Commercial Corridor with large
gateway development at the intersection of major roadways and the Metrorail
station. Further, the DS amendments incentivize dividing the existing mega block
into smaller blocks that are consistent with the surrounding street grid.
Finding:The proposed Downtown SoMi 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 Downtown SoMi comprehensive plan amendment process includes required
notice, public participation, opportunity for intervention by affected parties,
application of required criteria and response with data and analysis to assure that
the proposed amendment meets the spirit, intent and law of Section 163.3161,
Florida Statutes, entitled "The Local Government Comprehensive Planning and
Land Development Regulation Act” and § 163.3187 F.S, entitled “Process for
Adoption of Small-Scale Comprehensive Plan Amendment.”
Finding:The proposed Downtown SoMi 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:The Downtown SoMi zoning amendment process includes extensive notice, public
participation, opportunity for intervention by affected parties, application of
required criteria with data-based analysis and conclusions. The proposed DS zoning
amendment has no conflicts with other zoning district provisions contained in the
City’s land development regulations.
Finding:The proposed Downtown SoMi amendments are consistent with Criterion 7.
31
Downtown SoMi (DS) Comp Plan and LDC Text Amendments, and 5795 Sunset Drive FLUM & Rezoning Applications
November 21, 2023
Page 31 of 32
Criterion 8 Concurrency
Criterion:Whether, and the extent to which, the proposed amendment results in demands
on transportation systems, public facilities and services; would exceed the
capacity of the facilities and services, existing or programmed, including:
transportation, water and wastewater services, solid waste disposal, drainage,
recreation, education, emergency services, and similar necessary facilities and
services.
Analysis:The proposed DS amendments infrastructure is based on the trip generation
analysis by John P. Kim, P.E. provided on September 20, 2019, which is provided as
Attachment “B”, the Capacities of public facilities and services will not be exceeded.
The proposed DS amendments do not alter requirements for public facilities to
serve the future development of the property.
Finding:The proposed Downtown SoMi amendments are consistent with Criterion 8.
PREVIOUS ACTION:
The Planning Board, at its September 12, 2023, meeting voted 6-0 to recommend approval of the
proposed Comprehensive Plan text amendment. The Board then voted 5-1 to recommend
approval of the proposed Land Development Code text amendment.
On October 10, 2023, the Planning Board (PB) held a Public Hearing on the application for Future
Land Map Amendment (PB-23-019) and voted six (6) to zero (0) to recommend approval of the
request. Then, at the same meeting, the PB held a Public Hearing on the application for Rezoning
(PB-23-020) and voted six (6) to zero (0) to recommend approval of the request as well.
32
Exhibit A
EXISTING ADOPTED ZONING MAP PROPOSED ZONING MAP
Specialty Retail (SR) with Downtown SoMi (DS) with
Hometown District Overlay designa?on no Hometown District Overlay designa?on
SOUTH MIAMI ZONING MAP EXCERPT
LEGEND
Downtown SoMi (DS)
Specialty Retail / Hometown Overlay (SR / HO)
Transit Oriented Development District (TODD)
Public and Ins?tu?onal (PI)
36
OR 19320 PG 4772 12' WATER MAIN EASEMENT
NUMBER DISTANCE BEARING IDENTIFIER
1 326.75 S85°15'14"W POC
2 40.07 N01°25'41"W
3 38.76 N01°25'41"W POB
4 39.52 N21°36'48"E
5 82.55 N41°49'49"E
6 156.74 N16°18'54"E POINT "A"
7 148.67 N04°59'34"E
8 63.34 N03°44'59"W POINT "B"
9 7.16 N02°10'07"W
10 46.12 N46°33'50"E
11 65.27 S76°20'25"E
12 22.00 N89°52'24"E POT
A 16.20 S75°13'33"E
B 27.31 N89°41'58"W
:
3748
SS
WV
CO
W
M
BST
G
GV
GT CO16.00T20
20.02'
20.01'
S
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W E
LEGEND & SYMBOLS
D
:
3847
90°42'55"'90°26'22"'50°
4
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50°
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ORB 11664 AT PAGE 936
PARCEL 2
NOTICE OF ADOPTION OF
DEVELOPMENT ORDER
90°26'0"'3
2
1
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5
6
A
7
8
B
10
11
12
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TTTTTTTTTT
10
20
A
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1°44'23"
2°0'40"
20.02'
20.01'
SS
WV
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LEGEND & SYMBOLS
D
:
3946
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WV
CO
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BST
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16.00S
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LEGEND & SYMBOLS
D
:
4045
41
MIAMI-DADE
STATE OF FLORIDA
COUNTY OF MIAMI -DADE :
Before the undersigned authority personally appea red
GUIL LERMO GARC IA , who on oath says that he or she is th e
DIR ECTOR OF OPERATIONS , Leg al Notices of the Miami Daily
Business Rev iew f/k/a Miami Review, of Miami-Dade County ,
Florida· tnat \he attached copy of advertisement, being a
Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI -PUB LIC HEARING -NOV , 7, 2023
in the XXXX Court ,
was published in a newspaper by print in the issues or Mi ami
Daily Bus ines s Review f/k/a Miami Review on
10/27/2023
Affiant further says that the newspaper complies with all
legal requirements for publication in chapter 50 , Florida
~~~
Sworn to and subscribed before me this
27 day of OCTOBER , A.O. 2023
l
(SEAL )
(;.\l\'L\..!i:~ () GARC\Apecsonally known to me
SEE ATTACHED
42
~ITY 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, November 7.
2023, at 7:00 p.m. at South Miami City Hall Commission Chambers. 6130 Sunset Drive.
South Mjamj. FL 33143. to consider the following public hearing item(s):
AN ORDINANCE OF THE 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 DESIGNATION OF
THE PROPERTY LOCATED AT 5795 SUNSET DRIVE, FROM "MIXED-USE COMMERCIAL
RESIDENTIAL (MUCR4)" TO "DOWNTOWN SOMI (DS)" FUTURE LAND USE CATEGORY
BASED ON AN APPLICATION SUBMITTED BY MIDTOWN DEVELOPMENT, LLC; PROVIDING
FOR CORRECTIONS; SEVERABILITY; CONFLICTS; AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING THE ZONING MAP OF THE CITY OF SOUTH MIAMI, TO CHAN.GE THE
ZONING DISTRICT APPLICABLE TO THE PROPERTY LOCATED AT 5795 SUNSET DRIVE,
FROM "SPECIALTY RETAIL (SR)" WITH HOMETOWN DISTRICT OVERLAY DESIGNATION
TO "DOWNTOWN SOMI (OS}" ZONING DISTRICT WITH NO HOMETOWN DISTRICT
,OVERLAY DESIGNATION , BASED ON AN APPLICATION SUBMITTED BY MIBTOWN
DEVELOPMENT, LLC; PROVIDING FOR CORRECTIONS; SEVERAB ILITY; CONFLICTS;
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 usfj/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 Invit ed 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 introduct,ion
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 lo 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.
10/27
NkengaA. Payne,-CMC, FCRM
City Clerk
23-61 /0000691464M
FRIDAY OCTOBER 27 2023 MIAMI HERALD.............................................................................................7A
ACAPULCO,MEXICO
Otis’stunning trans-
formation into a monster
hurricane killed at least 27
people as it devastated
Acapulco,officials said
Thursday.
President Andrés Manu-
el López Obrador went by
road after the hurricane hit
the iconic city on Mexico’s
Pacific coast,where at
least four people remained
missing.He said Otis had
toppled every power-line
pole in the zone where it
hit on Wednesday,leaving
much of the city of 1 mil-
lion without electricity.
Otis turned from mild to
monster in record time,
and scientists are strug-
gling to figure out how —
and why they didn’t see it
coming.With tens of thou-
sands of residents in dam-
aged homes without pow-
er,the toll could rise.
“The people sheltered,
protected themselves and
that’s why fortunately
there weren’t more trage-
dies,loss of human life,”
López Obrador said.
Acapulco’s municipal
water system was down
and López Obrador,who
made it into Acapulco late
Wednesday with many of
his top officials,said that
restoring power was a top
priority.Some 500,000
homes lost power.
Small farmers had their
corn crops devastated by
Otis’wind and pounding
rain but the deaths are
“what hurts the most,”he
said.
López Obrador shared
details of one fatality,
saying one soldier was
killed when a wall of his
home collapsed on him.
Three Navy personnel
were among the missing.
The early images and
accounts were of extensive
devastation,toppled trees
and power lines lying in
brown floodwaters that in
some areas extended for
miles.The resulting de-
struction delayed a com-
prehensive response by the
government,which was
still assessing the damage
along the coast,and made
residents desperate.
Many residents were
taking basic items from
stores to survive in the
wake of the storm.Others
left with pricier goods.
The once-sleek beach-
front hotels in Acapulco
looked like toothless,shat-
tered hulks after the Cate-
gory 5 storm blew out
hundreds —possibly thou-
sands —of windows.
There seemed to be
widespread frustration
with authorities.While
around 10,000 troops
were deployed to the area,
they lacked equipment to
move tons of mud and
fallen trees from the
streets.Hundreds of trucks
from the government elec-
tricity company arrived in
Acapulco early Wednesday
but downed electricity
lines were in feet of mud
and water.
Jakob Sauczuk was stay-
ing with a group of friends
at a beachfront hotel when
Otis hit.
“We laid down on the
floor,and some between
beds,”Sauczuk said.“We
prayed a lot.”
One of his friends
showed reporters photos of
the windowless,shattered
rooms in the hotel.It
looked as if someone had
put clothes,beds and furni-
ture in a blender,leaving a
shredded mass.
Sauczuk complained that
his group was given no
warning,nor were offered
safer shelter,by the hotel.
Pablo Navarro,an auto
parts worker who was
lodged in temporary ac-
commodations at a beach-
front hotel,thought he
might die in his 13th-story
hotel room.
“I took shelter in the
bathroom,and thankfully
the door held,”Navarro
said.“But there were some
rooms where the wind
blew out the windows and
the doors.”
Navarro stood Wednes-
day outside a discount
grocery and household
goods store near the hotel
zone,as hundreds of peo-
ple wrestled everything —
from packs of hot dogs and
toilet paper to flat screen
televisions —out of the
muddy store,struggling to
push loaded metal shop-
ping carts onto the mud-
choked streets outside.
“This is out of control,”
he said.
Isabel de la Cruz,a resi-
dent of Acapulco,tried to
move a shopping cart load-
ed with diapers,instant
noodles and toilet paper
through the mud.
She viewed what she
took as a chance to help
her family after she lost the
tin roof of her home and
her family’s important
documents in the hurri-
cane.
“When is the govern-
ment ever going to look
after the common people?”
she said.
Inside one store,Nation-
al Guard officers allowed
looters to take perishable
items like food,but made
futile efforts to prevent
people from taking ap-
pliances,even as people
outside loaded refriger-
ators on top of taxis.
It took nearly all day
Wednesday for authorities
to partially reopen the
main highway connecting
Acapulco to the state cap-
ital Chilpancingo and Mex-
ico City.The vital ground
link allowed dozens of
emergency vehicles,per-
sonnel and trucks carrying
supplies to reach the bat-
tered port.
Acapulco’s commercial
and military airports were
still too badly damaged to
resume flights,though
López Obrador said the
plan was to establish an air
bridge to move in re-
sources.
Acapulco’s Diamond
Zone,an oceanfront area
replete with hotels,restau-
rants and other tourist
attractions,looked to be
mostly underwater in
drone footage that Foro TV
posted online Wednesday
afternoon,with boulevards
and bridges completely
hidden by an enormous
lake of brown water.
The city plunged into
darkness Wednesday
night.
EDUARDO GUERRERO USA TODAY NETWORK
A car lies under debris on the coast of Acapulco’s Mexican beach resort after Hurricane
Otis swept through the region.Otis made landfall early Wednesday as an extremely
dangerous Category 5 hurricane with sustained winds of up to 165 miles per hour.
Otis’stunning turn into a
monster Pacific hurricane
kills at least 27 in Acapulco
BY MARK STEVENSON
Associated Press
More than 44.2 million
Americans lived in house-
holds that struggled with
hunger in 2022,according
to a U.S.Department of
Agriculture report released
late Wednesday —an in-
crease of 10.3 million over
the previous year.
The new figures,from
the agency’s Economic
Research Service,show an
end to a nearly decade-long
decrease in the number of
families reporting food
insecurity,at a time when
food prices remain elevated
because of inflation.
The report paints a diffi-
cult picture for many
households considered
food-insecure –meaning
they did not have consis-
tent,dependable access to
enough food for active,
healthy living.The percent-
age of U.S.households
facing very low food securi-
ty increased from 3.8 per-
cent in 2021 to 5.1 percent
in 2022,the report found.
The study found statisti-
cally significant increases
in food insecurity across
almost all categories com-
pared with the previous
year.One in 8 U.S.house-
holds struggled with hun-
ger in 2022,with 13.4 mil-
lion children living in
households that experi-
enced food insecurity.
Rates of food insecurity
were higher for Black and
Latino households.And
33.1 percent of single-pa-
rent households headed by
women experienced food
insecurity.
There were regional
differences,with the study
revealing that hunger is a
growing problem in the
South and rural areas (14.7
percent,compared with
12.5 percent in urban ar-
eas).
“These numbers are
more than statistics,”Agri-
culture Secretary Tom
Vilsack said in a statement.
“They paint a picture of
just how many Americans
faced the heartbreaking
challenge last year of strug-
gling to meet a basic need
for themselves and their
children,and the survey
responses should be a
wake-up call to those want-
ing to further roll back our
anti-poverty and anti-hun-
ger programs.”
Anti-hunger advocates
claim that one of the pri-
mary drivers of these in-
creases is the end of pan-
demic-era support pro-
grams,chiefly the child tax
credit expansion,which
provided historic support to
families with children dur-
ing the pandemic,reducing
the child poverty rate by an
estimated 30 percent.
These numbers could
worsen if the government
shuts down in November.
That would put more than
6.7 million women,young
children and infants who
rely on Special Supple-
mental Nutrition Program
for Women,Infants,and
Children (WIC)services at
risk.The program provides
participants access to
healthy foods,nutrition
education,breastfeeding
counseling and support,as
well as health-care and
social service referrals.
The numbers shouldn’t
be surprising,said Nell
Menefee-Libey,manager of
public policy at the Nation-
al WIC Association,as they
come on the heels of the
Census Bureau’s recent
poverty report,indicating
that childhood poverty
more than doubled from
202 1 to 2022.
While the WIC program
is on sure footing now
because of the continuing
resolution that will see
things through to the end
of the year,she said,states
will have to make some
“terrible decisions”in 2024
without additional funds,
refusing benefits to poor
families or putting them on
waiting lists.
Just over half of food-
insecure households partic-
ipated in one or more of
the three largest federal
food assistance programs
administered by USDA.
Claire Babineaux-Fontenot,
chief executive of Feeding
America,said many hungry
Americans turn to a local
food bank.
Repor t:Food insecurity shot
up last year with inflation and
the end of pandemic-era aid
BY LAURA REILEY
The Washington Post
MCKENZIE LANGE USA TODAY NETWORK
Janet Chandler,director of programs at Foothills Family
Resources in Marietta,South Carolina,packs a food
donation at the center in August.
43
6A .............................................................................................MIAMI HERALD FRIDAY NOVEMBER 10 2023
A 15-year-old boy was
killed early Wednesday
after the Audi he was
driving crashed into a
pillar under Florida’s
Turnpike while police
were pursuing him.A
passenger,a 14 -year-old
girl,was in critical condi-
tion,police said.
As of Thursday morn-
ing,police had not named
the dead teen.The at-
torney of the girl’s family
identified her as Jazmin
Keltz,a freshman at John
A.Ferguson Senior High
School,15900 SW 56th St.
Jazmin remained in
critical condition after
undergoing several surger-
ies,attorney Michael Feiler
told Miami Herald in a
Thursday email.He said
her family is praying for a
miracle.
Miami-Dade Police
spokesman Alvaro Zabale-
ta said Wednesday an
officer who spotted the
Audi caught up to it and
turned on his lights.
“They were already
moving at a high rate of
speed,”Zabaleta said.
Police said the Audi
matched the description
of a “suspicious vehicle”
that someone called police
about.It was traveling east
on Miller Drive near
Southwest 123rd Avenue
at about 2 a.m.
When police caught up
to the Audi and turned on
emergency lights,the
driver sped up and the
crash happened on Miller
Road under Florida’s
Turnpike between South-
west 118th and 117th ave-
nues,according to police.
Zabaleta said investiga-
tors had not yet deter-
mined how fast the Audi
was going and he wasn’t
willing to say the officer
was chasing the under-
aged driver of the vehicle —
just that they had caught up
to him and signaled for the
Audi to pull over.
The department’s Traf-
fic Homicide Unit is in-
vestigating the crash,
which closed Miller Drive
between Southwest 117th
and 118th avenues during
the morning rush hour.
A GoFundme created to
help pay for Jazmin’s
medical expenses had
raised more than $5,500
as of Thursday morning.
Omar Rodríguez Ortiz:
305-376-2218,
@Omar_fromPR
Boy is killed in crash
as he fled,Dade police say.
Girl is in critical condition
BY OMAR RODRÍGUEZ ORTIZ
orodriguezortiz@miamiherald.com
opinion,”Basabe said.“My
focus remains,first and
foremost,on the interests of
my constituents and the
well-being of my district.”
Andres Malave,a spokes-
person for Florida House
Speaker Paul Renner,said
in a statement Thursday
that Renner spoke to Ba-
sabe and “reinforced expec-
tations for House mem-
bers.”
“There is a zero tolerance
policy towards any type of
harassment,”Malave said.
“And,most importantly,it
is imperative when some-
one feels wronged,threat-
ened or harassed,that they
feel comfortable coming
forward through the appro-
priate channels.”
GrayRobinson frequently
lobbies the Florida Legisla-
ture and is “among the top
lobbying firms in the state,”
according to its website.
The firm has also been
hired to defend Gov.Ron
DeSantis’policies in court.
Quintana lobbied the Legis-
lature as recently as 2017,
according to state records.
“That’s yet another grand
reason why this investiga-
tion was doomed from the
start to not be fair and full,”
said Cindy Myers,an at-
torney for Frevola and
Cutbirth.“This really just
demonstrates the poor
judgment of the Florida
House leadership.”
Quintana and repre-
sentatives for GrayRobin-
son could not immediately
be reached for comments.
Frevola,26,had previous-
ly accused Basabe of slap-
ping him and telling him to
stand in a corner during an
event in Tallahassee in
January.A different law
firm hired by Renner to
investigate that allegation
found in June that there
was “physical contact”but
that no witnesses could
confirm a slap happened.
Basabe denied the allega-
tion.
A sexual-harassment
lawsuit that Frevola and
Cutbirth filed against
Basabe in July remains
pending in Leon County
Circuit Court.
ATTORNEY SAYS
REPORT MISSED KEY
DETAILS
Myers,the attorney for
Frevola and Cutbirth,told
the Miami Herald the re-
port released this week
failed to take into account
key evidence that she pro-
vided to investigators.
That includes a text mes-
sage that Cutbirth,24,sent
to two friends on March 7,
saying:“I quit the capital,
kinda.I said I’ll help with
their newsletter if that
means I can keep the posi-
tion on my resume but I
won’t be going to the cap-
ital anymore and will be
doing any [work]from
home to avoid being sexual-
ly harassed.”
Myers also gave investi-
gators contact information
for the owner of a Tallahas-
see bar where Cutbirth
worked.The owner,Carl
Bengston,told the Herald
in July that Cutbirth had
shared with him comments
that were made by Basabe
and made Cutbirth uncom-
fortable.
Bengston was not among
the people investigators
interviewed,according to
the report.
“Mr.Cutbirth seemed
very credible,but there is
A firm hired by the Flor-
ida House of Representa-
tives to investigate claims of
sexual harassment against
state Rep.Fabian Basabe by
two former staffers released
a report saying the allega-
tions could not be sub-
stantiated,but that Basabe
“likely should exercise
better judgment regarding
observing the delicate mar-
gins between the personal
and professional with his
subordinates (and their
friends)in the future.”
The investigator,Marlene
Quintana,of the law firm
GrayRobinson,interviewed
Basabe,a former socialite
who was elected last year as
a Republican lawmaker
from Miami Beach,and the
two accusers,former legis-
lative aide Nicolas Frevola
and former intern Jacob
Cutbirth.
Quintana wrote in her
report that she sought to
corroborate a slew of claims
about Basabe’s conduct but
was unable to do so.
That included Frevola’s
claim that Basabe slapped
Frevola’s butt in the back of
an elementary-school class-
room at a career day and
told Frevola he wanted “all
of that butt,”and Cutbirth’s
claim Basabe tried to kiss
him in a hotel room after
Cutbirth drove him home
from a night out before he
had been hired as an intern.
Two Frevola friends who
the former aide said had
their own stories about
Basabe behaving inappro-
priately were unwilling to
speak with investigators,
the report said.
“No one could provide
any more detail to sub-
stantiate the conduct,”
Quintana wrote.
Basabe,45,has denied
the allegations against him.
In a statement Wednesday,
he said he should “use
better judgment in choosing
who I allow access into my
professional life.”
“I was let down by two
young men I trusted who
began their career paths on
the wrong foot and ulti-
mately with ill intentions
for personal gain,in my
simply no independent
corroboration for any of his
allegations,”Quintana
wrote.
The report notes that
both Frevola and Cutbirth
claimed Basabe made com-
ments about sex being a
“sport for men”and says
they shared similar stories
of Basabe showing them a
photo on his phone of a
man who was either naked
or wearing a bikini.
Basabe told investigators
he showed Frevola and
Cutbirth a photo of his
friend in a bikini while in a
movie scene.
Miami Herald Tallahassee
Bureau reporter Ana Cebal-
los contributed to this report.
Aaron Leibowitz:
305-376-2235,@aaron_leib
Report finds no
proof of claims
against Basabe.
Legislator should
use ‘better
judgment’
BY AARON LEIBOWITZ
aleibowitz@miamiherald.com
JOSE A.IGLESIAS jiglesias@elnuevoherald.com |July 6,2023
Florida Rep.Fabian Basabe has denied the allegations and
said Wednesday he should ‘use better judgment in
choosing who I allow access into my professional life.’
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