Ord No 26-23-2477ORDINANCE NO. 26-23-2477
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.S, "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;
CODIFICATION; SEVERABILITY; CONFLICTS; AND
AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities with the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, the City Commission of the City of South Miami (the "Commission") finds
it periodically necessary to amend its Land Development Code ("LDC") in order to update
regulations and procedures to maintain consistency with state law and, through flexible and
performance-01iented zoning regulations and incentives, to implement municipal goals and
objectives; and
WHEREAS, the Commission is committed to addressing regulations to increase
predictability in development outcomes and improve zoning approval processes to support
responsible and well-placed development in the City; and
WHEREAS, based on the Commission's indicated goals and direction, the owners of the
property located at 5701 SW 72nd Street (the "Sunset Place Property"), the only property in the
City zoned Downtown SoMi District (the "DS District"), proposed a series of amendments to the
DS regulations in Article VII. "Downtown So Mi District Regulations" of the LDC; and
WHEREAS, the Sunset Place Property, because of its large size and locatjon at the three
most important traffic corridors in the City, as well as its proximity to Metrorail and other transit
opportunities, is a critical property within the City, acting as both a gateway and an anchor for the
Hometown District; and
WHEREAS, existing development on the Sunset Place Prope11y is limited to an
underperfonning shopping mall that is largely inward facing, and that fails to relate to and activate
Sunset Drive and the remainder of the Hometown District in a positive or meaningful manner,
underperfonning in its role as a gateway property and largely failing to attract public attention,
Page 1 of 4
Ord. No. 26-23-2477
investment, and foot traffic that would benefit the City, its residents, and surrounding businesses;
and
WHEREAS, the current regulations provide for development similar to the existing
development with floor area and density that supports some residential development, but only as
part of a development that is primarily nonresidential in nature; and
WHEREAS, both the Commission and the current owners of the Sunset Place Prope11y
envision a different 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 Hometown District and Sunset Drive, providing and
attracting pedestrian activity through development of much-needed housing and office uses within
towers, together with supporting ground-level retail uses befitting an urban community; and
WHEREAS, the Commission finds that food, beverage, and street level retail supported
by residential and office developments creates a better ambiance and finance structure for the DS
Dish·ict; and
WHEREAS, the Commission also finds that small footprints at ground level are desirable
to create an attractive, walkable, inviting experience for pedestrians; and
WHEREAS, working together with the owner of the Sunset Place Property, the City
reviewed the proposed amendments and developed them into a series of regulations that increase
residential development from 65 units per acre to 150 units per acre, decrease nonresidential floor
area ratio from 3.0 to 1.8, and provide for a tiered system of base and bonus heights providing
increased intensity and height the further north on the on the Sunset Place Property, with bonuses
deriving from providing ground level open space, sustainability, and affordable/workforce
housing, among other incentives; and
WHEREAS, the Commission finds that increased height is warranted in exchange for
smaller footprints and greater open space at ground level, together with design that relates to Sunset
Drive and surrounding businesses; and
WHEREAS, the proposed amendments to Article III, "Zoning Regulations," Sections 20-
3.1, "Zoning Use Districts and Purposes," and 20-3.5, "Dimensional Requirements;' of the LDC,
are set forth in Exhibit "A,,, attached hereto; and
WHEREAS, the proposed amendments to Article XII, "Downtown SoMi District
Regulations" of the LDC, are set forth in Exhibit "B," attached hereto; and
WHEREAS, such proposed amendments were reviewed and revised by City officials and
staff and, following appropriate revisions, the City initiated a text amendment pursuant to Section
20-5.7 of the LDC: and
WHEREAS, the Planning Board, sitting as the City's local planning agency in accordance
with Chapter 163, Florida Statutes, reviewed the proposed amendments set forth in this ordinance
Page 2 of 4
Ord. No. 26-23-2477
at a duly noticed public hearing on September 12, 2023, and voted 5-1 to recommend approval to
the City Commission; and
WHEREAS, the City Commission held its first public hearing on the proposed
amendments to the LDC on October 16, 2023, and, having complied with the notice requirements
in the Florida Statutes, approved the proposed amendments on first reading; and
WHEREAS, the Commission conducted a second duly noticed public bearing on the
proposed amendments to the LDC as required by law on November 21, 2023, and further finds the
proposed changes to the LDC are necessary, compatible, and in the best interest of the City and
community.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Recitals Adopted. The foregoing recitals are hereby ratified and confirmed as
being true and con-ect and are hereby made a specific pa11 of this Ordinance upon adoption hereof.
Section 2. Land Development Code Amended. Article III, "Zoning Regulations,''
Sections 20-3.1, "Zoning Use Districts and Purposes," and 20-3.5, "Dimensional
Requirements," of the LDC are hereby amended as set forth in Exhibit "A,, attached hereto.1
Article XII, "Downtown SoMi District Regulations" of the LDC is hereby amended as set forth in
Exhibit "B" attached hereto. 1
Section 3. Co1·rections. Confonning language or technical scrivener-type corrections may
be made by the City Attorney for any confonning amendment, to be incorporated into the final
Ordinance for signature.
Section 4. Codification. That it is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and be made a part of the LDC, and
that the sections of this Ordinance may be renumbered or relettered to accomplish such .intentions,
and that the word Ordinance shall be changed to Section or other appropriate word where
necessary.
Section 5. Seve1·ability. If any section, clause, sentence, or phrase of this Ordinance is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this Ordinance.
Section 6. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of
resolutions, in conflict herewith, are hereby repealed to the extent of such conflict.
1 Coding: StFikelhFeugh wefds are deletions to the existiJ!g wo~s. {!nderlined words are additions to the existing words. Changes
following the P~al_!ning ~oanl hearing are indicated with highlighted text. Changes hetween first and second reading are
indicated with highlighted tleuhlo a1,ikothfo• and douhlc underline
Page 3 of 4
Or<l. No . 26-23-2477
Section 7. Effective Date. This Ordinance s ha ll become effective upo n the effective d a te
o f th e accompanying ordinance amending th e Comprehensive Plan.
PASSED AND ADOPTED on First Reading this 161
" d ay of October, 2023.
PASSED AND ADOPTED on Second Read in g this 21 s1 day of November, 2023.
ATTES T:
CIT~~
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY , AND
EXECUTION THEREOF
Page 4 of4
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commi ssioner Calle:
5-0
Yea
Yea
Yea
Commi ssione r Corey: Yea
Commissione r Liebman: Yea
Ord. No. 26-23-2477
EXHIBIT "A"
20-3.1 Zoning use districts and purposes.
(B) District Purpose Statements.
• ••
(33) "OS" Downtown SoMI District: The purpose of this district Is to provide for the establishment of place-
making development that Is urban in scale. This district authorizes a mixture of uses, densities,
Intensities, and heights that contribute to a vibrant urban experience within walking distance to rail-
based rapid transit. 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. Ill!
regulations applicable to the OS District are contained In Article XII of these Land Development
Regulations. +e assemmodate shiftlRg maFket seRdltlens, It Is U1e eMpFess IRteRt ef the gs dlstFlst
Feg1:datiens te allew fleMlble ehanges In an appFe•,ed dei.·elepment pFegFam betv,een and ameng
peFmitted uses.
PeFmitted heights In the 9S dlstFist sl:lall be up te ene hundFed RIRet•; fi've (195J feet as defiRed in
Seetien 20 12.8.
+he peFmltted Floer Area Ratle (J:.tO •. R.) shall be up ta 3.9 and shall only appl•t te Ren Fesldentlal
struetures. Permitted resldeRtlal densll't' shall be up ta slMty fl•te (65) dwelling units per aere. Hetel uses
within this dlstFIGt shall be deemed part ef tl:le eemmerelal lntensl~• and sl:lall net be &ouRted for
purpeses ef ealetdating resideRtial density er lntensil',1. Fer the e•,1eldenee ef deullt, residenllal uses
shall net eouRt tewards i: .• ~.R. aRd eommeFeial uses Uneludlng l:letel uses) shall net eeunt tewards
Fesidential deRsity.
::r:o pFemote aR aotl'Jle1 UFl:Jan, and ·,lerant pedestrian eKperiense eutdeer sealing as a seRtJenienee feF
tenants and guests and as an aeeesseF'{ te restauFants, eafes and slmllar 1:1ses shall he eneeuraged
within the gs dlstFlet.
LaREI ma·t be i!ened Q& if it satisfies all ef tl:le fellowing Feflulrementsr
(1) +he aFea of the land se 2ened Is teR (10) aeFes er less but OMeeeds Ji've (SJ aeFes;
(2) A pertion ef tl:le land se 2:ened Is adjaeent to a pFlnelpal aFteFlal Fead•.',•ay;
(:3) A pertien ef the laRd se i!ened Is adjaeent ta a miner aFteFlal readr.'&'a'f; and
(4) A pertien oflhe lanEI se 2:ened Is wltl:lln eRe tl:leusand five l:lundFed (1,§09) feet radius ofan
eMisting rail baseEI tFanslt statlen.
+his dlstFiet Is appFeprlate In areas designated "9e"'Jntewn SoMI" in tl:le (it·t's adapted Gomprehensi11e
PlaR and FutuFe baRd Yse Map.
• ••
Created: 2023-01·20 14:27:53 (EST)
(Supp. No. 2S)
Page 1 of 3
Ord. No. 26-23-2477
20-3.5 Dimensional requirements.
• ••
(B) Nonresidential Districts. In nonresidential districts, except for the Downtown SoMi (OS) district, the minimum
lot area and frontage, minimum yard setbacks, maximum floor area, maximum coverage and maximum
building heights for permitted uses In each district shall be determined from the Dlmenslonal Requirements
Table for nonresidential districts (Section 20-3.S(G)). In the OS district the applicable dimensional
requirements are set forth in Article XII of these Land Development Regulations. mlnlmuM le~ aFea, minimum
'J'&Fd setbaelts, matdfflUffl floor area, MaHlmum b1:1lldlRg eo 11eFage aRd MaHIMum b1:1lldlRg helglffs feF
peFFAIUed uses IA the dlstFist shall be deteFmlRed fFom the DlmeRsieRal RequiFements l=able feF the OS
dlstFist (Se6tieR ag B,6{1)1.
(C) Dimensional Requirement Tables.
(1) The use of land and the erection of buildings and other structures on land shall be subject to the
dimensional requirements of the applicable zoning district, as reflected on the four (4) tables labeled
"Dimensional Requirements, Single-Family Residential Districts, One-Story" (Section 20-3.S(E)) or
"Dimensional Requirements, Single-Family Residential Districts, Two-Story" (Section 20-3.S(H)),
"Dimensional Requirements, Attached Single-Family and Multi-family Residential Districts" (Section 20-
3.S(F)), and "Dimensional Requirements, Nonresidential Districts" (Section 20-3.S(G~
"E>imeRsieRal Re1:1ulFemeRts, oe,NRto,#R SeMI E>lstFlet" (Se6tleR ao.8.§(IH.
(2) There shall be no variation or deviation from such dimensional requirements except where expressly
allowed by this Code.
(3) Minimum and maximum dimensional requirements for permitted uses within a PR or Pl use district
shall be the same as those listed In the following tables for uses within the most restrictive use district
located adjacent to the subject PR or Pl property .
StJ:E IM:J+\
MiR. bet Area Net
MaH. 81:1llding GerveFage
PeFsent lhllldlng Ce1,1eFase
MaK. Fleer .b1Fea Ratio (F,.O.,R,)
MIR. QpeR &paee Req1:11FemeRts 0
PeFeent QpeR Spaee
MaH. IFRpeNle1:1s Ge11eFageb
PeFeeRt lmpeP.Jle1:1s Ce11eFage
~
A4!N. BtJILgl.~JG Y+BA(I(
a. FreRt
l►.-Skle
6:-ReaF
BIJILDIA'-G lfElfiM:r/SEPARA7=1fJA'
(Supp. No. 25)
•••
SeetleR 2Q a.51
E>IMfiNSIQNAl RfiQUIRfiMfiN;&
QO>NN:S:Qt.\«N SeMI 91S"FRICT
R6QtJ!RA.4&.'T
5,QQ ·°'eFes
90¥4
i§ dY)faere FRaH,
MW. RE-Ql:JIRiQ
Q!..()!!
~
Pagel of 3
Croated: 2023·01·20 14:27:54 (EST)
Ord. No. 26-23-2477
MaK. &terles
MaM. BulldiRg Meight
Betv.'eeR OulldlRgs
'l!!lsge Jene
4 Sterles
-79!..Q!!
~
•nltheut '.\tlnde-.•1sJ
3Q!.WaD
•,\!Ith Wlnde•1.is
Ciatewsy Jene
17 Steries
~
~
•.•Jithout \\«indows;
39!-Wall
with 'tJ.«inda•.,.is
• GpeR Spaee shall he ealm,dated In aeeoFEfaRee mflh SeelioR JO U s,i0.J.
&wett:1.'CEJd
PsFlflRg
NIA
~
~
-.•1ithout WinElaws;
39!-Wa»
witl:I 'AfinEle\•JS
11-lmpef\1ieus GooeFage shall be ealeulated as a peFGeRtage of site open spaee In aeeeFdanee 'lJitl:I &eeUon JO 12,9(CI,
•••
Created: 2023-01-20 14:27:54 (EST)
(Supp. No. 25)
Page 3 of 3
Ord. No. 26-23-2477
EXHIBIT "B"
Article XII -DOWNTOWN SoMi DISTRICT REGULATIONS
Section 20-12.1 -Intent.
The Downtown SoMi (DS) district is intended for properties designated "Downtown
SoMi" on the C ity's Co mprehensive Plan, to provide for the establishment of place-making
deve lopment that is urban in scale. This di strict authorizes a mixture of us es, densities, intensities ,
and heights that conh·ibute to a vibrant urban experience within walking distance to rail-based
rapid transit. Permitted uses and strnctures on both a temporary and pennanent basis include retail,
restaurant, residential, hotel, office, entertainment, theaters and attractions, pennanent and
nonpennanent kiosk s, ac tive rooftop uses and tho se uses rea sonably aecesso1y th ereto. '.Fe
accommodate shifting market conditions, it is th@ ex.press intent of the DS district regulations lo
allov.c tleKible ohanges in an appro\'@d dei.•elopm en t program between ai~d among permitted uses
through the standards established for Major and Minor Changes in Seotion 20 12 .14 .
Permitted hei ghts in the DS district shall be from four (4) stories up to twelve 02)
ltw.1eete@B H7) stor ie s with bonuses available to achieve additional floors up to thirly-tluee (33)
floors maximum pursuant to the bonus program in this Article one hundred nimity five (195) feet
and defined in Section 20 12.8, South Miami Land Dei.•elopment Godo.
The permitted Floor Area Ratio (F.A.R.) sha ll be up to 3--,G.L._!i and shall only apply to non-
residential strueturcsuses. Permitted residential density sha ll be up to si>,ty fii,•e (65) dwelling units
per aereone hundred fifly (150) dwelling units per acre. Hotel uses within thi s district shall be
deemed part of the commercial int ens ity and shall not be counted for purposes of calculatin g
residential den sity or intens ity. For the avoidance of doubt, residential us es shall not count
towardsagainst F.A.R. and commercial uses (includin g hotel uses) shall not count towards
residential density.
To promote an active, urban , and vibrant pedestrian experience, outdoor seati ng as a
convenience for tenant s and guests and as an accessory lo res taurants, cares and similar uses shall
be encouraged within the OS district.
Land may boProperty zoned DS may qualify for bonus height through approval of an Initial
Site Plan only if th e project approved pursuant to such initial Site Pl an (as may be modified
pursuant to this Article), tf 1s a unified project for development (pursuant to a unity of title oij
f ovenant in lieu ofunity of title. or a unified plan o_frlevelopment pursuant to a reciprocal easemen~
agreement) and it satisfies a ll of th e following requirements:
(I) The gross lot area of the property prior to dedications area of the land so 2:oned is ten ( 10)
acres or less but exceed!; five (5)ten (I 0) acres;
(2) The property abuts a federal highway and at least two section-line roadsA-portion of the
land so :wned--is--adjaecnt to a principal arterial roadway;
(3) A portion of the land so 20necl--is-n(iji1eenl a minor arterial roadway; and
Ord. No. 26-23-2477
(41)A portion of the laed se rz:oneElpropeqy is within one thousand five hundred (1,500) feet
radius of an existing rail-based transit station;· arid
(4YT.he·Proberly provides at ·1easff'i.:S% of the gt()ss· fotarea.as open-Spac·e.
Once qualified for bonuses under an Initial Site Plan approval, each phase of the proiect,
or additional lands added to the project subsequent to the Initial Site Plan approval, shall be eligible
for bonus height as set forth in this ArticleThis disMet is appt'opriate ie m·ees desigeated
11 D0Y1Rte 1.i.ie SoMi" OR the City's adopted Co1Hpi:eheR&iYe PlaR.
Section 20-12.2 Beuadftries. Reserved.
The DS disa-iot is geaerally south ofprineipal a11erial U.S. ltSeuth DiKie Higw.".«ay, \Vest
ofmioot' arterial SW §7 l·L•,i:enuei4leEI R-oaEI and eoftlt of minor aFterial s:w 7-3 S~reet/8uRSet
Dfive, aed is mere speeifieally delieeated OR die City's Offieial ZoRing Map v.citli tlie syml;,el
~
20-12.3 Applicability.
The requirements of this article shall apply to all development within the DS district and in
case of conflict, the provisions of this article shall control over other requirements of the Code,
Ordinances, Land Development Code and all other regulations of the City of South Miami.
Section 20-12.4-Floo.-Area Ratio (F.A.R.).
Fer the purpeses of the D8 Elistfiet, tihe permitted F.A.R. shall be up to 3-:01.8 and shall
mean a laaadevelopment intensity measure setting forth the maximum non-residential gross floor
area that can be developed on a propertye*fJl'essed as tke ratie eet-weeR the numeer ef &E}aat=e feet
of gFOss fleer area within ROB resideRtial stn1etut=es (ineluding hotel uses} on a let and tke total
squaa:e feetage ef the let. Multiplying the F.A.R. by the gross lor area, prior to any right-of-way
dedications or public easements, results in the allowable non-residential floor area that can be
developed of the propertyis deri:ved by diir;iding lite gross fleoF area ef aen resideetial stmoklres
ey gross lot area. Hotel uses v.«ithin this distriet skall l;,e deemed part of the ooftlfflet=eial ieteesity
and shall net l:,e 60YRted for fJY£J)0ees of oaleulating residential deRsity er intensity. Gross floor
area shall mean the total horizontal area of the several floors of a building, measured from the
exterior faces of exterior walls or from the centerline of walls separating two attached buildings.
In particular, gross floor area shall include all spaces designed or intended for:
(A)Any pennitted use or activity.
(B)lnterior halls, balconies or mezzanines.
(C)Completely enclosed terraces, breezeways or porches.
(D)Accessory buildings or structures.
(E)Attics or basements (with headroom of seven (7) feet or more).
(F)Permanent enclosed, air-conditioned kiosks.
Ord. No. 26-23-2477
However, gross floor area shall not include space used for:
(G)Enclosed off-street parking spaces.
(H)Accessory water tanks, chillers or cooling towers.
(l)Uncovered steps and exterior balconies.
( J)Open terraces, breezeways or porches.
(K)attics non-habitable structures above the roof slab, and basements.
(L)Service Areas (mechanical, electrical, loading, storage, trash/refuse and communication
equipment rooms or spaces).
(M)Elevator shafts or stairwells at each floor.
(N)Enclosed means of egress corridors.
(O)Rooftop uses including pools.a and-open-air restaurants, bars, aae-cabanas, and open-air
kiosks.
(P)Outdoor seating areas and nonpe11nanent open-air kiosks.
(Q)Residential uses.
Section 20-12.5-Residential density.
Fer t-he :f)YfP0Ses ef the D8 Elistriet, tihe permitted residential density shall be up to ffltty-
f.i 1,r:e ~6S~one hundred fifty {150) dwelling units per acre. Hotel uses shall not be counted for
purposes of calculating residential density and intensity, but rather shall be included as part of
commercial intensity.
Section 20-12.6 -Permitted uses.
Permitted Uses are as expressly provided by these DS district regulations, including those
additional uses listed in the Pennitted Use Schedule in Section 20-3.3(D), and also include,;_
ill hotels,
ill outdoor dining/seating.a aae
ill rooftop uses.2.
ffi Entertainment, theaters, and attractions
ill Live-work units
.(fil Assisted living facilities subiect to special exception approval from the City
Commission
ill Re.CJearch and development
{fil Incubator space
!2.l. Artist studios
!!fil Child care facilities
ill} Schools subiect to special exception approval from the City Commission
Ord. No. 26-23-2477
@ Animal hospital s o r veterinarians subject to special excepti on approva l from the
C ity Commission
.lLl} Automobi le dealers from completely enclosed buildings
@ Microbrewery/brewpubs
illl Neighborhood convenience store
LJ..fil such other uses as permitted and special uses set fort h in Section 20-7.17
(Hometown District).
The distance requireme nt s between premises that sell alcoholi c beverages set forth
C h apter 4 (Alcoho li c Beverages) s hall not apply within the DS district
20-12.7 Gra ndfatherin g.
A ll existing lega l uses and strnctures establi shed prior to the enactment of these DS district
regulations shall be deeme d to be lawful , conformi ng, and permitted uses and structures. Legally
nonconfo1111ing uses and strnctures within the DS district s ha ll be subj ect to the provisions of
Section 20-4.8, South Miami Land Development Code.
Section 20-12.8 -Permitted heights.
The DS district encourages a variety of heig ht s and massing configurations based on site
specific conditions, wit h heights adopted by o rdi nance.
For the property bordered by Sunset Drive on th e south, 57th Avenue on the east, US
Highway I on the north, and SW 58th Avenue on the west, allowable heights are split into four
zones: the Sunset Zone, the Village Zone, the Centra l Zone, and the US-1 Gateway Zone. The
dimens ions of the zones and their resp ecti ve maximum base and bonus heights are as fo ll ows:
Table 20-12 8
Zone Sunset Zone V illa ge Zone Central Zone US-I Gateway
Zone
Dimensions Beginning at th e Beginning at I 05 Beginning at 2 10 Beginning at 500
from Lot Line of Jot line on Sunset ft north of the lot n from th e lot fl from the lot
Project Drive (as of line on Sunset line 0 11 Sunset line on Sunset
Contiguous with January I, 2023) Dri ve thence Drive thence Drive thence
Sunset Drive thence north lo north to 210 ft north to 500 ft north to 956 ft
105 ft from from Sunset from Sunset from Sunset
Sunset Drive Drive Drive Drive
De~th of Zone 105 n 105 ft 290 n a t eastern 456 ft at eastern
edge edl!e
Base Heit•ht 4 Stories/SO ft 7 Stories I O stories ~ I 2l stories
tl:ii;i,: I :ligo11~ ) <:tnriP.<: <td
'P'1cil, 17 c,tnriPc.d
Ord. No. 26-23 -2477
[iec i ,eonu J 8 $tories1 ·~ $tQ[ies 115 Stnries 116 ~t!,?ries
Max Bonus 12 Stories* 15 Stori es 25 stories 33 s tories
Height {with
i,etWeeeb~lb Ii~1!
(1 :mrl Tier 2
Bonusd)
'~Bo nus height s ha ll be avai lab le in Sun se t Zone only if the base he ight within the Sunset
Zone is limited to two {2) sto ri es or less, and in such circumstance, bonus height s h all be limited
to the area commencing 30 feet north of the project's south lot line {a s of January 2 1, 2023) a nd
ex tending north to north ern mos t ex tent of Sunset Zone (the "Secondary Sunset Zon e"). Aggregate
tl oorp late for a ll portions of stru ctures above two {2) stories in the Secondary Sunset Zon e s hall
not exceed 50% of the lot area of the Second ary S unset Zone.
F loo rplates of 11oors above th e te nth (10th) s tory in the Central Zone or US-I Gateway
Zone s hall not exceed 20,000 sq uare feet of gross floor area, except that the owner may designate
one development site within s uc h zones where the fl oor plates above the tenth {10th) s tory may be
developed to 25,000 square feet of gross floor area.
The term "story" or "sto ri es" means a habitable level within a building by which pe rmitt ed
heights a re measured. For purposes of ca lcula ting pennittecl he ight a nd stmies, elements a nd
features, including, but not limited to, vertical circulation e le me nt s (s u ch as stairs and e levator s),
illuminati o n ele me nts, c hillers, m echa ni cal s pace, mechanical s trncllires, architectural features ,
para pe ts, communi cati ons e quipme nt, a nd so lar panels, a ttached to or servi ng structures, may ex is t
above said slab and are not to be counted toward he ight or consti tute a story. Notwithstanding the
foregoing, the he ight of these e lem en ts (excluding e levator overruns) and features s ha ll not exceed
twenty {20) feet in h eight above the roof slab above the highest habitable level. Accessory to
rooftop uses. including pools, open-air restaurants, bars , cabanas, a nd open-air kiosks, m ay exist
above sa id the roof s lab an d a re not to be coun ted towa rd h ei ght o r constitute a story.
Notwithstanding th e foregoing, the height of th ese elements and features s hall not exceed e ighteen
( 18) fee t in he ight above th e roof slab above th e highes t otherwise habitable level.
The location a nd dimensions of the S un set Zone, the Village Zone, the Cent ra l Zone and
the US-I Gateway Zo ne are generally illu strated in the fo llowing Diagram I {in the event of
conflict with Table 20-12.8, Table 20-12.8 s hall control):
Diagram I
Ord. No. 26 -23 -2477
M assing
Height Cons traints
,,, , t nrl.11}
t lll l ' llt,1
LIil l.lfJI
Diagram I se t forth above does not apply to structured parking located within th e OS
district. Regardless of Zone, st ru ctured parking w ithi n th e OS di strict sha ll be permitted to a
. maximum height o f nine (9) sto ri es, at the time of adoption of th e OS di strict regulations, to th e
roof s lab above the highest e levated parking deck . No twith sta nding the foregoi ng, no parking
stru cture or part th e reof s ha ll encroach th e S un set Zone. For purpo ses of ca lculatin g th e heig ht of
st rnctured pa rkin g, vertica l circul ation e lements (s uch as s tair s a nd e leva tors), illumination
elements, mec hanica l e lemen ts, architec tural features, parapets, so lar panel s, and communication
elements, at1ached to or se rving structured pa rkin g, a nd structures accesso ry to roof top uses,
including pools, open-air res taurants, bars, cabanas, and open-a ir kiosks, may exist above the roof
s lab and are not to be counted toward he ight or constitute a s tory. No twith sta ndin g the foregoing,
the he ight of th ese e lements and fea tures shall not exceed thirty-fi ve (35) feet in he ight above th e
roof s lab a bove the highest e levated parkin g deck .-+he OS district is divided into tv,10 (2) height
zones: The-G-ateY,1ay Zone -attEHhe--¥i-l-lage--Ze-,-The-ma>dmum pe-ftlltftee-~1e~~thlA-the
Gateway Zo ne sha ll be one--hl:lfl dred ninety five ( 195) feet--attd-the maximum permifted he+ght-
•.;ii th in the Village Zone sha ll be-seventy (70) fe et. FoF--s-t-ructures located-primar il y wi thin the
Gateway Zone, height shall be-meas-ttre&-from the average e lov-atfen--ef.the crown of thc--abtttt-i-ttg
prin c ip a l arterial roadwa-y-aHhe--t-i-me--&f--a deptien--efihe OS district regulations to the roof slab
abeve-the-hlgAest-ha-hltahle--f:leor.---Fe l'--S-tfuctures loeatee--pl'i+l'lftl'i-ly •Nith in the-¥H-l-age-Zette,-fletgflt
s-ha-U-ee-measured from--the-lewest ex isting finished floof--e!ev-atien within the Vill age Zone--at--#ie
t-i-me-et=-adoptie1t-ef-the OS di st riot-regulations to thEHeo f slab abcwe--the--lttghest-habi-t-ahle--f:leeF,-
Ord. No. 26-23-2477
imifi Bonus Height
To develop with fflfil# bonus height, the proiect must obtain gmss floor area in an amount
equal to the total of the gross floor area of each of the proposed bonus tloors 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 propeqy;
(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 area 1;
(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)contrihuting $12 per square foot of bonus floor area. Bonus floor area will he reserved
with a conh·ibution made at Initial Site Plan Approval often percent {10%) of the amount
due for the aggregate amount of bonus floor area reguired to be purchased to complete the
overall proiect set forth in the Initial Site Plan (the "Initial Bonus Floor Area
Contribution,,). Thereafter, any proiect phase seeking administrative site plan approval
shall be reguired to pay 25% of the required contribution for that proiect phase on or before
administrative site plan approval. with the remaining balance due at building permit for
any portion of such proiect phase; provided however that such proiect phase shall be
entitled to a dollar for dollar credit for the Initial Bonus Floor Area Contribution until such
1l~~ti.at Bo11~s f.l~<>r ~~e_a_ C~~t-~ibution is extingµ~s~~~--~~ii~-j~rti~il:~!jflie~:~~nfr!~~~~~
!;hallbe .calculated based on the-rate. in effectaf the~tim:e·ofipllyment, ,witlt all ~ofimbutions
to be deposited in the City's public benefits tmst fund to be established by Commission
action. The contribution ratij shall increasefo $15.per~~gtiitel'oc>t:;i,itJahll~twL:202K~fuid
~hall ittcreaseJf.so per·s·giuire:.f oofon January]~ to2~Ntna eacli-year ~thereaft6r..
On-site gualifying enhancements may be applied as follows:
1. Development of open space with publicly accessible rights-of-way or plazas -4: I 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 (iiHofalfor:the pfoiectj shall gualify for four
(4) square feet of bonus floor area.
a. Such areas shall be open to the general public as set forth in an easement
memorialized by Development Agreement. acceptable to the City Manager and
City Attorney, from sunrise until the closure of all food and beverage uses on the
property, subject to (i) reasonable rules and regulations; (ii) reasonable closure of
vehicular traffic; and (iii) reasonable closure for special events that exclude the
general public (not to exceed more than 15 days per year), maintenance, or
emergency activities. Rights-of-way shall not be bridged ove.-or encroached upon
except where set forth in an approved Initial Site Plan. Rights-of-way may be used
for outdoor seating, sidewalk sales, and similar outdoor uses provided rights-of-
way maintain a clear path at least five (5) feet wide at all times.
2. Development of affordable housing -3: 1 bonus. For each square foot of affordable
hou~ing developed, the deyelopment shall qualify for three (3) square feet of bonus floor
areal· ·rovide&atleast 100.units-of affordable;housin ··::afe:cleveiti' ·edJn'the.a·· re .:ati
a. Affordable housin shall be limited to rents or : sales rice that is affordable to
qualifying households at 80% of Area Median Income as set forth by Miami-Dade
Or<l. No. 26-23-2 477
County s tati s ti cs promulgated by the U.S. Department of Housing a nd Urban
Development. The owner shall commit by covenant p r ior to building permit to
• mainta in such affordability restriction on t he property for a minimum pe ri od of 25
y ears. Units thu s r estricted s ha ll be spread among all unit types in the building and
shall b e inte rspe rsed throughout th e building to avoid thei r overconcentration in
any portion of the building. The owner may fo rgo the covenant and ins tead
co ntribute $45,00~ per sq uare foot o f bonus fl oor area attributed to affordable
housin develo )ment with s uch rn m ent to be de )OSited in the Ci 's Public
Benefit Trnst Fund to be es ta bli sh ed
a J?.~% t)iaftllj• 01;1er a1t€l ab,we llte cee:u:lar bo1n10 H1th·ilmko1t 1ate1 to account for
d elaying p ayment from administrative s ite plan approval to building p ermit. The
contribution rate s hall increase to $48.00~ per square foot on January 1, 2026,'
a nd shall inc rease $1.50 p e r square foot on January l, 2027 and each year the reafter :
3. Development of workforce housing -2: I bonus. For each sq u are foot of workforce
ho using developed, the developme nt s ha ll qua lify for two (2) s quare foot of bonus floor
area: provided a t least l 00 units of workforce housing are developed in the aggregate.
a . Workforce hous ing s hall be limited lo re nts or sales price tha t is afford abl e lo
qu a lifying hou se holds at 140% of Are a Me dian Income as set forth b y Miami -Dad e
County statis tics promulgated by the U.S. D epartment of Housing and Urban
Development. The owner shall commit by covenant prior to building pe rmit to
m a intain s u c h affordabili t y r estriction on the property for a minimum period of 25
years. Units thus restri cted shall be spread among a ll unit types in the building and
s hall be inte rs persed througho ut the building to avo id th eir overconcentration in
any po rti o n of the building. The owner m ay forgo th e covenant a nd instead
contribute $45,00~ per sq uare foot of b onu s floor area attributable to
workforce ho us ing development, with s uc h payment to be de posited in th e City 's
public be ne fit h·u st fund to be estab li s hedl. Tlte ~ L6.5Q per !lftti&fO feot tHWBlOftr
ieol ueoo Q ;r;z,:;g41 poeelty 01.101' 1111d 988'1'0 fee J08lflor 80mt!I 00B$riallMOB n1to1 to
account fo r delaying payment from administrative site plan approval to building
p ermit. The contribution rate shall increase to $48,00i 19,SQ per square foot on
January l, 2026, and shall increase $1.50 per square foot on January 1, 2027 and·
each year thereafter.
4. Condominium -1 :~5 bonus. For each five (5) square feel-feet of residential gross tl oor
area dedicated to condominium ownership, the development s ha ll qua lify for o ne (I) sq ua re
foo t of bonus flo or a rea up to a maximum bonus of I 00,000 square feet.
a. Prior to issuance of a building p ermit, the own er sh a ll post a bo nd or lett e r of c red it
for the benefit of the City in a n amount equal to $18 per square foot of any such
bonus fl oor. Such bond or letter of credit s ha ll be re leased only if the units
submitted fo r condominium ownership have been sold to bona fide purc hasers
unre lated to t he developer and by anns -l e ngth transactions (with no bona fid e
purchaser owning more than te n condominium unit s ) and continue within the
condominium form of ownership on th e anniversmy of five (5) years from the date
of the tempora1y or fin a l certificate of occupancy for the condominium, whichever
is first to occur. If th e unit s submitted for condominium ownership are not sold to
b o na fid e purchasers unrelated lo th e developer and by arms-le ngth t ra nsactions
(with no bona fid e purchaser owning more than ten condominium units) and
Ord. No. 26-23-2477
continue within the condominium fomt of ownership for at least five (5) years from
the date of the tempora1y or final certificate of occupancy for the condominium,
whichever is first to occur, the City may claim the full amount of the bond or draw
the full amount of the letter of credit. No certificate of occupancy for any such
condominium building shall be issued until the Condominium Declaration has been
recorded, or in lieu of such recordation, the owner may forgo the condominium
filing and instead contribute $18 per sguare foot of bonus floor area attributable to
condominium development, with such payment to be deposited in the City's public
benefit tntst fund to be established. The $18 per square foot payment includes a
SO% penalty over and above the regular bonus contribution rate to account for
delaying pa;.t~nent_ . ~otn_ admin~st~!ive . ~it_~_ J.11~-~ _ anpr~v~l to._ . ce~t_i!!~~te_ -~~
~cc~Rancy. ~~-co~tr~b~ti~n. ~~te s~al~_ it?:ore_~~~j-~o-~l~Jil=~~\U1~~!~~~~o~ -~~flu_~™
il, 2026·, .and shall increase $1.S0 ·per sguare,foof•ofi· Jaft.tia1y-1, 2027 :ancl each' yeatt
thereafter.
5. Sustainability -1 :5 bonus and I :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 as follows:
a. LEED Gold: For each five square feet of a building that achieves LEED GOLD, or
equivalent certification approved by the City Manager, the overall development
shall qualified for one ( 1) square foot of bonus floor area.
b. LEED Platinum, PassivHaus, or Living Building Challenge certification, or
equivalent ce11ification approved by the City Manager: For each three square feet
of a building that achieves LEED Platinum, PassivHaus, or Living Building
Challenge certification, the overall development shall qualified for one (1) square
foot of bonus floor area.
c. Prior to issuance of a building pem1it, the owner shall post a bond or letter of credit
for the benefit of the City in an amount equal to $18 per square foot of bonus floor
area attributable to sustainability certification, with such payment to be deposited
in the City,s public benefit trust fund to be established. The $18 per sguare foot
payment includes a 5d% penalty over and above the regular bonus contribution rate
to account for delaying payment from administrative site plan approval to
certificate of occupancy. Such bond or letter of credit shall be released only if the
building obtains the intended certification within one year following temporary or
final certificate of occupancy, whichever is first to occur. If the intended
certification is not produced to the City Manager on or before the one-year
anniversary of the temporary or final certificate of occupancy, whichever is first to
occur, the City may claim the full amount of the bond or draw the full amount of
the letter of credit.
1 For the property bordered by Sunset Drive on the south, 57th Avenue on the east, US Highway
1 on the north, and SW 58th A venue on the west, the City recognizes that prior to the adoption of
this ordinance, the property was permitted a floor area ratio of 3.0 (the "Previous F.A.R
Threshold,,). For the purposes of bonus floor area. the owner of such property may convert unused
floor area up to the Previous F.A.R. Threshold of 3.0 rather than the cun·ent F.A.R. limitation of
1.8.
Ord. No. 26-23-2477
2 For the property bordered by Sunset Drive on the south, 57th Avenue on the east, US Highway l
on the north, and SW 58th A venue on the west, the portion of the property located within the
Sunset Zone is permitted a base height of four stodes. The owner-applicant may elect to build less
floors than permitted. For floor area that the owner-applicant forgoes within the Sunset Zone
between the proposed height and the four ( 4) stories that are permitted, such floor area may be
converted to bonus floor area.
Fer purpeses ef ealeidating height, elements and features, inoluEling, hut not limited te,
¥ertieal eit=eulation elements (sueh as staiFs aaEl e}e,.,ateFS), illuminatiea elements, ehilleFS,
meehanieal spaee, meehanieal struetures, arohiteohual features, pat=apets, eemmunieatieas
eeiuipment, anEI solar paRels, aHaehed to or sen·mg stfl:letures, may e1dst abwve said slab and are
not ta he eounteEI toward height. Notwithstanding the f.eregoiag, tee height of these elemeats and
feaf:lues sltall net eJfeeed tweaty (2Q) feet ie lteigltt abe¥e the roof slab abo 1,ce tho higkest .habitable
floor. The leeatioe and dimensions of the Gateway Zone &REI Villag-e Zeae af8 Ulustmted in die
Eliagi:am that felle~1Js:
'-•
~
'
•= l'ILLAGE lOflE
10--0·
l ..
Ord. No. 26-23-2477
The Eliagfftm set fefth abo,;e Elees aot a~ly to stn1emreEl par!tiag leeated v;ithia the D8
distriot. R-egardless ef Zeae, straomred parkiag ·••lithin the DS district shall be permitted te a
maKimum l1eight efniae~ ii"1e (95) feet meas1:1i:ed fi:om the lowest existiag finished fleer ele¥atiea
·Nithin the Village Zone, at the time ef adoption of the DS district i=egulatiens, to the fOOf slab
abo¥e the highest ele·,ated parlEieg deek. ~letwithstaedieg the foregoing, •.14cithin one h11ndred fifty
(lSQ} feet of the eenterline of S11nset Drive, ne parking stmemre. er part thereof shall e*eeed the
sweaty feet heigkt eap of tke Village Z:oee. Fat· p11rp oses of ealealatieg the height of straemred
parking, veFtioal oiroulation elements (suoli as staim and ele 1ratofS}, i1111mieation elee1ents,
meohanieal elements, arehiteotuml features, parapets, solar panels, and ooRlRlU&ieatien eleaieat:s,
aUaol¼ed to er setViBg stFYetured parking, may e~dst abo¥e said slab and are aot to he eountea
te•.r;ant height. ~Jetv:ithstaedieg tl:ie fet·egoing, the height of these elements and features shall not
e~Eeeed thirty t-i 1,ce (35) feet ia height abo11e the roof slab abe 11e die highest ele"cated parking deek.
Notwithstanding anything to the contrary herein, no structure shall be erected or constructed at a
height of more than four (4) stories within the first 100 feet, or more than two (2) stories within
the first 50 feet, of a property that is adjacent to an RS-, RT-, or RM-zoned property, as measured
from the abutting property. For purposes of this provision, adiacent shall include contiguous
properties and those located across a street or alley.
Section 20-12,9-Open space, building covel'age and impervious coverage.
(A) Ope11 Space. Open space shall refer to that part of a lot that is essentially unimproved
by pennanent buildings. Open spaces landscaped and/or hardscaped ground level
spaces, such as,. iaeludieg courts, pedestrian passages, streets, sidewalks, and yards,
'Nhieh isthat are generally open and accessible to the public en the lot ·nitkeat
reetrieMens e*eept as may be reEfuired fer safety, subject to reasonable time, place, and
manner restrictions set forth in a Development Agreement. Open spaGe inoludes ground
leYel er seeond le1.iel spaees, landseapeEI andi4u paYeEI. The minimum open space shall
be fifteen percent (15%} of the total lot area, in the aggregate for the project. Not more
than ten ( 10) percent of any required open space shall be water area.
(B) Building Coverage. Building coverage is all horizontal area that is covered by buildings
and not open to the sky directly above. Building coverage includes outdoor area
covered by a structure that is open to an improved public or private street, and includes~
These spaees inelude covered pedestrian passages such as breezeways or paseos.
Building coverage shall exceed no more than eighty percent {80%) of the total lot area.
(C) Impervious Coverage. The maximum amount of ground level open space which may
be covered by all uses requiring impervious ground cover shall not exceed ninety
percent (90~ pereent of site open space. Impervious ground cover shall include
streets, alleys, driveways, pedestrian ways, parking areas, patios, and swimming pools.i
except where such area is under a canopy of a shade tree planted at ground level within
publicly accessible open space (including rights of way on the perimeter of the project}
that. at time of planting, is at least 20 feet in height and 8 inches at breast height.
Section 20-12.10-Landscaping.
Ord. No. 26-23-2477
Landscaping and tree protection requirements within the OS district reflect the district's
urban scale and as-built condition and shall be subject to the provision of Section 20-4.5, South
Miami Land Development Code, except as expressly set forth in this section. LaaElseapiag
FeEt"ttiremeats within the D8 distriet shall refleet the tlistl'iet's m·haa seale aatl as built eoetlitioe.
(A) Site Trees.
(1) Mi11imum number of Site Trees. The minimum number of Site Trees required
under Section 20-4.5 for landscape plan submittals shall be eight (8) Site Trees
per acre of net lot area or thirty-four (34) Site Trees per acre of required open
space.
(2) Size and Type of Site Trees. Site Trees shall be of a species typically grown in
• Miami-Dade County. Thirty-five (35) percent of the required trees and/or palms
shall be native species.
(a) Trees. Site Trees shall be a minimum often (10) feet high and have
a minimum caliper of two (2) inches at time of planting except that thirty
(30) percent of the Site Tree requirement may be met by native species
with a minimum height of eight (8) feet and a minimum caliper of four
ill eRe aREI one half (l Vi) inches at time of planting.
(b) Palms. Palms which meet the following requirements shall count as
a required Site Tree on the basis of two (2) ene (1) palm! per tree.
i. Minimum canopy of fifteen (15) feet spread at maturity.
ii. Provided at an average maximum spacing of twenty-five (25)
feet .feet on center.
iii. Fourteen (14) foot minimum overall height or minimum caliper
of four (4) inches at time of planting.
(3) It is provided however that queen palms (Syagrus romanzoffiana) shall not be
allowed as Site Trees.
( 4) No more than forty-five ( 45) percent of the minimum Site Tree requirements
may be met by palms.
(B) Street Trees. Street Trees shall be planted along the sides of all streets within a
development and on the development side of any contiguous street.
(1) Mi11im11111 Number of Street Trees. Street Trees shall be planted for every fifty
(50) feet of street frontage. The following shall be subtracted from the linear
feet of street frontage for the purposes of calculating the number of required
Street Trees:
(a) Widths of driveways;
(b) Widths of fire lanes;
(c) Lengths of frontage containing colonnades or arcades open to the
public which are located within four (4) feet of the edge of the roadway;
and
Ord. No. 26-23-2477
( d) Lengths of frontage with Florida Department of Transportation
{FOOT) impingement up to the property line.
(2) Spacing of Street n·ees. In no case shall trees of species with spreading crowns
{e.g.~ live oaks) be spaced closer together than twenty-five (25) feet or shall
trees of any species be spaced farther apart than fifty (50) feet. Street frontage
exempt from this spacing requirement includes:
(a) Areas of frontage excluded from the calculation of the minimum
number of Street Trees; and
(b) Areas of frontage adjacent to loading zones.
(3) Size mu/ 1)pe of Street n·ees. Street Trees shall be ofa species typically grown
in Miami-Dade County. Fifty (50) percent of the required trees and/or palms
shall be native species.
(a) Trees. Trees which meet the following requirements shall count as
a required Street Tree:
i. Nonnally mature to a height of at least twenty (20) feet.
ii. At time of planting, Street Trees shall have a clear trunk of four
(4) feet, an overall height of twelve (12) feet and a minimum
caliper of four( 4) ty;e (2) inches at time of planting.
(b) Palms. Palms which meet the following requirements shall count a"
a required street tree on the basis of two (2) ene (I) palm.§. per tree.
i. Minimum canopy of fifteen (15) feet spread at maturity.
ii. Provided at an average maximum spacing of twenty-five (25)
feet~ on center.
iii. Fourteen (14) foot minimum overall height or minimum caliper
of four (4) inches at time of planting.
iv. It is provided however that queen palms (Syagrus
romanzoffiana) shall not be allowed as Street Trees.
v. No more than twenty-five (25) percent of the minimum Street
Tree requirements may be met by palms.
(4) Placement a,u/ Pla11ti11g of Street n·ees.
(a) Street Trees shall be high quality shade trees or qualifying palms
and shall be planted in tree lawns with a minimum width of eight (8)
feet, or within tree wells with minimum four-foot by four-foot surface
openings.
i. Tree wells may be enclosed with pavers or other hardscape
materials above the required rootzone volume. The landscape
architect shall present a recommendation regarding the need for
the installation of an aeration system necessa1y to conduit water
and oxygen to the roots of trees within tree wells.
Ord. No. 26-23-2477
(b) Where possible. Street Trees shall be planted between the street and
the public sidewalk. Street trees may be planted between the sidewalk
and adjacent buildings only where the location of existing or proposed
utility lines along the street, or the clear zone requirements of the public
works department or other maintaining agency, prevent the location of
trees between the street and sidewalk. Where Street Trees are approved
to be planted between the sidewalk and adjacent buildings, the trees may
be located as close as five (5) feet away from building face.
i. When trees are requested by a property owner to be planted
within the right-of-way, the requesting property owners shall
execute a covenant provided by the City to provide for the
maintenance of such trees subsequent to planting. Where the
State, County, or municipality determines that the planting of
trees and other landscape material is not appropriate in the public
right-of-way, they may require that said trees and landscape
material be placed on private prope1ty.
ii. Street Trees may be placed within the swale area or shall be
placed on private property where demonstrated to be necessary
due to right-of-way obstructions and maintaining safe sight-lines
as dcte11nined by the City's Public Works Department or the
appropriate governmental authority within the a1unieipal-ily. The
City may require root barriers as per City rules.
iii. Where trees are planted on private property, they shall be placed
within seven (7) feet of the edge of the dedicated right-of-way
or within seven (7) feet of the edge of the roadway and/or inside
edge of a sidewalk on private roads and shall be maintained by
the private property owner such that the trees do not interfere
with the activities of the right-of-way.
( c) On-street parking spaces may be located between Street Trees, as
long as the required number of trees are planted along the street
frontage, and the minimum rootzone volume is provided for each tree.
(d) A minimum ten-foot separation shall be provided between Street
Trees and street stonnwater inlets, except where bioretention inlets that
incorporate trees are utilized.
( e) Where the required Street Trees would overlap with trees that are
required to satisfy perimeter landscaping requirements for vehicular use
areas, only the requirements for the vehicular use area must be met.
( 0 The reviewing board, or the City Manager or designee, may require
the adjustment of the prescribed build-to line in order to accommodate
Ord. No. 26-23-2477
the required Street Trees and ensure that the trees will meet separation
requirements from utility lines, buildings, and paved areas.
(C)Shrubs t11ul Hedges.
(1) Shrubs shall be provided at a ratio of three (3) per required Site Tree. All shrubs
shall be a minimum of eighteen ( 18) inches in height when measured
immediately after planting.
(2) When used as a visual screen, buffer, or hedge, shrubs shall be planted, as
required under Section 20-4.S{F) and Section 20-4.S(G), at a maximum spacing
of thirty (30) inches on-center, 01· if planted at a minimum height of thirty-six
(36) inches, shall have a maximum, average spacing of forty-eight ( 48) inches
on-center and shall be maintained so as to fonn a continuous, unbroken, and
solid visual screen within a maximum of one (I) year after time of planting.
(3) Shrubs and hedges shall not necessarily be of the same species.
(4) Thirty (30) percent of required shrubs and hedges shall be native species.
20-12.11 Dimensional standards.
Dimensional standards are as expressly provided herein, including those listed in Section
20-3.5(1), Dimensional Requirements Downtown SoMi District.
Section 20-12.12-Mobility management and pa1·king.
This section shall be the sole and exclusive selies of regulations governing parking and
vehicular access management within the OS district.
(A) Vehicul<11· Parking Dime11sio11ttl Design Stcmdllrds.
Angle of
Parking
Parallel
30°
45°
60°
90°
( 1) Vehicular Parking Spaces: Shall conform to the mmnnum requirements
contained in the Minimum Parking Space Dimensions table and Typical
Parking Stall and Aisle Dimensions diagram below:
Minimum Parkine: Soace Dimensions
Minimum Curb Length Stall Aisle
Stall Width Per Stall Depth Width
8.5 feet 20 feet 8.5 feet 12 feet
8.5 feet 18 feet 19.5 feet 11 feet
8.5 feet 13 feet 20 feet 13 feet
8.5 feet 10.5 feet 21 feet 18 feet
8.5 feet 8.5 feet 18 feet ~23 feet 1
1 Except where existing driveway was constructed at 21 feet, and any expansion of the parking
garage directly above such existing condition:.
Ord. No. 26-23-24 77
'~-
I
=~
,. ,_
m¥CAI.IDAPNU<INO
·-cz::: ~ SICDSIW.
fcP.
b. ; ~ , lt-0' .; 6'-0' ,
Typical Parking Stall a11d Aisle Dime11sio11s
Curblongdl
Panllol Parking
30• Parking
, 20ft . ~
Curb length
,left
~ r---:
:>/~io•
·~
'f-• Aisle
~ l
)r.ll d;;th ·1
11 ft 50 ft
19.S ft
. . .
1YACM.PNWULNJAPAP.1<JNO
45• Parking
53 ft
Curb length
\,. ~ ca~ ..
~w Sface depth
2 ft
~ ~ 1:.. r,,.
~Ill
Aislo 18 ft 60ft
(111} 21 ft
WRA.
1'P. 8.5 ,,
90• Parking • ~
~11 I I I r"o• s;aco depth
I ft
... Aislo llrt 57ft • JYP.
DID __ ··-·------• 18 re
(2) Valet/Residential Tandem Space: Shall be a minimum eight and one-half (8.5)
feet in width by thirty-two {32) feet in depth.
Ord. No. 26-23-2477
(3) Parki11g Space Lift: Shall be a minimum of eight and one-half (8.5) feet in width
by eighteen ( 18) feet in depth with a minimum vertical clearance of ten and one-
half (10.5) feet.
(4) Ha11dicappe<I Spaces: Shall be provided as required by the Florida Building
Code (FBC) and in accordance with The Americans with Disabilities Act
(ADA).
(B) Vehicular Parki11g Sp"ce Req11ireme11ts. Parking within the OS district shall reflect the
district's urban scale, mixture and allocation of new and existing uses, proximity to rail-
based rapid transit, pedestrian connectivity to the neighboring Hometown District, as
well as the on-street and publicly accessible off-street parking resources that exist
within the adjacent Hometown District.
(I) Required Vehicular Parking Spaces. The i·e~:ait"eEI aumeer ef et-I street
1•1ehieular parking spaees for a prepeeeEl de1,1elepment 1Nithie the DS Elietriot
shall ~e ealo:alateEl using eitker eao ( 1) of the fello 1,1.rieg metltoEls:
(a) Sl-811ckH·« Psrking Arwlysis. The Unadjusted Parking Requirement shall
first be calculated for each use category pursuant to Section 20-
l 2. l 2(C). Next, the Transit Oriented Development Reduction shall be
calculated for Residential, Hotel, and Office uses as provided for in
Section 20-12.12(0). Under the Standard Parking Analysis, the number
of required off-street vehicular parking spaces for a development shall
be equal to the sum of the Unadjusted Parking Requirement less the
Transit Oriented Development Reduction.
(h) !,'herefi l¾mwn-g l,'tutly. As an altemati1.ce ta ihe Staadard PaFIEieg
Aaalysis ideetified in Pai·agi:apli (a} a~oYe, lhe eumher ef i=equireEl aff
street 1.cehioular parlcing spaoes far a Ele 1,celopmeat Rl~ he determined
b~1 an approYeEl Shared Parkieg Study eea1pleteEI hy a Jieeesed
prefessioeal eegineer puFSuant ta Seetioe 20 12.12('8~.
(2) 011-Street Spaces. On-street parking spaces adjacent to a lot or parcel shall
count toward the off-street parking requirements for that lot or parcel; a partial
space longer than eleven ( 11) feet shall count as a full space.
(C) U11adj11stecl Parking Requirements.
(1) Resicle11tia/ Uses. The Unadjusted Parking Requirement for Residential uses
within the DS district shall be as set forth below:
(a) Dwelling, Multifamily -Efficiency/Studio or One-Bedroom
TewRlteuse: One {ll space Twe (2) spaces per unit.
(b) Dwelling, Multi-Family -Two Bedroom ~ft.ioieeoytStudio): One
and one-half ( 1.5) spaces per unit.
(c) Dwelling, Multi-Family-Three Bedroom or more (1=1= Bedream):
Two (2) spaces per unit.
Ord. No. 26-23-2477
(2) Hotel Uses. The Unadjusted Parking Requirement for Hotel uses within the DS
district shall be equal to one (l) space per four (4) hotel rooms or fraction
thereof.
(3) Theater or Cinema Uses. The Unadjusted Parking Requirement for Theater or
Cinema uses within the OS district shall be one (l) space per every six (6)
theater or cinema seats.
(4) Re/(li/, Reswura111, and Commercial Uses. The Unadjusted Parking
Requirement for Retail, Restaurant and Commercial uses within the OS district
shall be equal to one (I) space per every six hundred fifteen ( 615) square feet
of gross floor area dedicated to Retail, Restaurant and Commercial uses.
(a) For the calculation of parking requirements, Retail, Restaurant and
Commercial uses shall be defined as all approved permitted and special
uses contained in the Permitted Use Schedule in Section 20-3.3(0)
under the subheadings "Public and Institutional Uses", "Business and
Professional Services", "Retail and Wholesale Trade", and
"Transportation, Warehousing and Communications" except for the
following use types:
i. Hotel or Motel;
ii. Theater or Cinema; and
iii. All use types defined as Office Uses in Section 20-
l 2. l 2(C)(5)(a) below.
(5) Office Uses. The Unadjusted Parking Requirement for Offices uses within the
OS district shall be equal to one ( 1) space per every five hundred (500) ~
kuedred fift:y (25Q) square feet of gross floor area dedicated to Office uses.
(a) For the calculation of parking requirements Office uses shall be
defined as the following permitted and special uses contained on the
Permitted Use Schedule in Section 20-3.3(0); Accounting and Auditing
Services; Acupuncturist; Advertising Agency; Architectural Services;
Building Contractors Office; Chiropractic Office or Clinic; Counseling
Services; Dentist Office; Employment Agency; Engineering Services;
Insurance Agency; Interior Decorator, Office Only; Investigative
Services: Investment and Tax Counseling; Law Office; Learning
Centers or Educational Facilities; Loan or Finance Agency; Market
Research Services; Massage Therapist; Medical Office; Notary Public;
Office, Business, or Professional; Opticians or Optical Goods, Office
only; Personal Skills Instruction Studio; Physical Therapist; Planning
and Zoning Consultant; Public Relations Services; Real Estate Agency;
Tutorial Services; and Travel Agency.
(D) Transit Oriel11ed Deve/opmem Reduction. The intent and purpose of this section is to
recognize the OS districts proximity to rail based rapid transit.
Ord. No. 26-23-2477
(I) The Unacljusted Parking Requirement of Residential, Hotel, and Office uses,
within the DS district may be reduced by twenty (20) percent for properties
located within one thousand five hundred (I ,500) feet ofrail-based rapid transit.
Distances shall be measured along the pedestrian pathway between the nearest
pedestrian access point for the subject property and the transit station.
(B~ At~Hret! .'¾wld11g },:<ttdy. The ietent aed f)Ht=pese ef this seeHott is t:e Feeogeii!e the
eemplementary syneFgy that exists het\\'een and among diffefeRt uses v1ithie a mi*ed
11se deYelopment Speeifieally, a peak time for paflaeg eae (I) use may eeour at a
differeRt pealc time fFOm et-fl.er Hses. A mi* of uses also preYides t-ke eppertanity for
pet=sons to li¥e p1·e~dmate to their work, further redueiRg the demand for pal·king.
( 1) Tke 1u1mher of i=equit=ed nkie~llar parking spaees for a E1011elopment may he
determiRed ey an &ppf8¥ed Shared P-arldng Study eempleted ey a lieeH:sed
prefessienol eRgineer in aeeordanee with the FeEf&irements ef this seetiee. A
8kat=eEI Parking Study may ee pF0videe by an applieaH:t durieg the Initial Site
Plaa applieaheR proeess detailed ia Seetien 3Q 12. l 3 or as part efaa app)ieatiee
fer a Majer Ckaage er Miee1· Chaage as detailed iR Seetiea 20 12.14.
(2) Tke Skal'ed Parkieg Study must be prepai=ed usiag a pF0fessianally appF0priate
1Heteodelegy, sueh as tke Ul'baa LanEI lestitute (ULO Shai:ee Pa1·kiag
MetheElelegy, detailing land uses in aeeordaeee with Institute of Traasportaliett
Bagineers (ITE) pa1·kiRg genen1tien eategeries. The Shai=ed Parkieg Study nwst
ewluate faetors sueh as the eyf)e aed C:JU&ntity ef eaeh hmd use, medal split,
t·ideshariRg 1uograa1s, k=ansit a11ailabili~·, and tmttspertatiea demanEI
maaagement.
(3) Tke Sharee Pal'IEing Study may utilii!e various adjustmeat-s fo1· t1te reduetien ef
parlciag spaces, inelHEling, bHt eet limited to:
(n) Monthly A:eth•ity Patterns.
(b) Time ef Day Patteras.
(e) Medal Split.
~d) Noneapthce Market.
(e) rnaer P1·0:1Eimate Parking Resourees.
(4) The Shared Padang Sa1dy shall he r01,iewed aeel appre¥ed by t-ke City Manage£.
(F) Bicycle Pt1rki11g Program. The intent and purpose of this section is to encourage the
use of bicycles as an alternative mode of transportation in and around the DS district.
A minimum of one (I) bicycle parking space for every lhirty fi¥e (35) ten (l 0) required
on-site vehicular parking spaces shall be provided.
@Loading mu/ Se111ice. Minimum loading standards shall be required as shown in Section
20-4.4(M), except as modified below.
(1) Residential Uses. Less than five hundred (500) units, minimum loading or
unloading spaces shall be provided as indicated below:
Ord. No. 26-23-2477
Berth Dimensions Be11h Size Loading Berths
12 feet wide by 35 feet long 420sf One per first 200 units
l O feet wide by 20 feet long 200sf One per each additional 200
units or fraction of I 00 units
(2) Co1wnercial Use.'t. From forty thousand (40,000) square feet to seven hundred
thousand (700,000) square feet of gross floor area, minimum loading or
unloading spaces shall be provided as indicated below:
Berth Dimensions Berth Size Loadin.R Berths
12 feet wide by 35 feet long 420sf One per first 40,000 sf to
150,000 sf .Rl'oss floor area
12 feet wide by 35 feet long 420sf One per second 150,000 sf to
250,000 sf .Rross floor area
10 feet wide by 20 feet long 200sf One per third 250,000 sf to
500,000 sf gross floor area
10 feet wide by 20 feet long 200 sf One per each additional
200,000 sf or fraction of
200,000 sf .R•·oss floor area
(3) The off-street loading space(s) can be shared in one {l) location with a reduction
ratio of twenty (20) percent as long as a dock master is assigned to coordinate
loading schedules.
(4) In lieu of the above loading requirements, the number and size of required loading
bays may be determined by an ap_proved Shared Loading Study completed by a
licensed professional engineer. The Shared Loading Study shall consider the
proiect, its proposed mix of uses, their respective gross floor area, customary
loading requirements and times for each use, shared loading facilities,
enhancements to improve their accessibility and maneuvering requirements,
technology to expedite loading/unloading, staging areas, dock masters, and any
other factors The Shared Loading Study shall be provided to the City as part of an
Initial Site Plan application. The Shared Loading Study must be prepared using a
professionally appropriate methodology, acceptable to the City Manager.
Section 20-12.13 -Initial site plan review and approval process.
For purposes of this section, the term "Initial Site Plan" shall refer to the first site plan
proposed for a unified property regulated by these OS district regulations. Review and approval of
the Initial Site Plan shall follow the procedures and requirements identified below:
(A)/11itia/ Site Pkm Review Procedures.
(l) Planning and Zoning Department Review. Upon receipt of a complete Initial
Site Plan application, the Planning and Zoning Depa11ment shall review the
application and submit its findings and recommendations to the Planning Board
Ord. No. 26-23-2477
and City Commission together with its recommendations on the rezoning
request, if any.
(2) P/a1111i11g Board. Where an Initial Site Plan is considered for lands zoned DS.
the Planning Board shall review and provide comments for the City
Commission's consideration regarding the relationship of the Initial Site Plan to
the existing comprehensive plan and existing land development regulations.
(a) ~el'e aa IBitial Site Plea tFEwelo tlu=eagh the City's oppreval preeess
together 1.vith pFoposed amend1:eents to the City's Co9lf)rehensi¥e :Plan
aREltor land de1,,elopment regulations, the Planning Beard shall F8141ie•.v
aad pro1lide eoa11Heate for the Cit:y Commission's eoBsideration
Fegareing the Initial Site Plan BREI its proposed 1·elationship to the
proposed eo~rehenshie plan amendment and pooposed amendn1ent to
the City's land de 11elopment regulations.
(b) 1.J/heFe an Initial Site Plan is eensideFed fer Jaeds ~aed DS, the
:Planning :Ooard shall re¥iew aed provide eommeats fer tke City
Gommissioa's eeRSidemlion regarding tke relationsllip oftlle IBitial Site
Plan to the e*isting eemprehensii.ie plan aed e*istieg laad dO'lelopment
regulations.
(3) City Commission. The City Commission shall have direct authority to review
and approve the Initial Site Plan concurrently with its review and approval of a
rezoning to the DS District, if applicable. The City Commission may affix
conditions to the initial site plan approval. City Commission approval shall be
subiect to the applicant entering into a Development Agreement approved by
the by the City Commission consistent with the requirements of Section
163.3227. The Development Agreement shall be executed and recorded prior
to issuance of administrative site plan approvals for individual buildings of the
project depicted in the Initial Site Plan. The Development Agreement shall be
supported by such subsidiary covenants and agreements as the Commission
deems necessary such as. without limitation, a Covenant in Lieu of Unity of
Title. Easement and Operating Agreement, Maintenance Covenants. Allocation
of Density and Intensity. Phasing Plan, etc.
(4) Ame11dme11ts. Amendments to the Initial Site Plan shall follow the Major
Change and Minor Change processes and procedures identified in Section 20-
12.14, South Miami Land Development Code.
(5) Admi11istrative site plan avprovals. Each building or phase of development
shall require an administrative site plan review to ensure compliance of the
building or phase with the requirements of this Land Development Code, this
Article in particular, the Initial Site Plan, and the Development Agreement.
(B)l11itial Site Pla11 Applicatio11 Requirements. The Initial Site Plan submissions shall
contain, but not be limited to, the following:
(I) Existing Site Characteristics.
(a) Property survey by registered surveyor;
(b) Rights-of-way and easements;
( c) Structures and uses;
( d) Ownership Report. A report identifying all property ownership and
beneficial interest within the boundaries of the proposed project, giving
Ord. No. 26-23-2477
evidence of unified control of the entire area. The report shall state
agreement of all owners or holders of beneficial interest to proceed with
the proposed development according to the terms of the proposed Site
Plan; and
(e) Utility survey.
(2) Photographs of surrounding properties.
(3) Zoning districts.
(4) Existing Tree Survey.
(5) Proposed Site Plan. It is recognized that the intent of the OS district regulations
is to encourage creativity and flexibility in site design. It is further recognized
that due to the scale and urban nature of development within the DS district,
site planning can be a fluid exercise impacted by a host of dynamic market
factors. In recognition of the foregoing, the proposed Site Plan submissions
shall address the following:
(a) Name, address and phone of owner and designer;
(b) Prope11y lines;
( c) Rights-of-way and easements;
( d) Structures and uses and locations;
( e) Parking spaces, access-ways, driveways, sidewalks, wheel stops and
curbs;
(0 Curb cuts and median openings;
(g) Lighting and in·igation systems;
{h) Fences and walls;
(i) Loading docks and service space;
(j) Storm sewers;
(k) Dumpster/waste disposal locations;
(l) Radius map; and
(m) Dimensions.
( 6) Proposed Landscape Plan. The following landscaping infonnation shall be
submitted:(a)Proposed trees, shrubs, grass and other vegetation including their
location, height, shape, size, and type by both common and botanical
classifications.(b )Proposed be1ms, water courses and topog1·aphic features,
including their location, height, size and shape.( c )Proposed landscape
maintenance plan.( d)Tree disposition plan.( e )Tree mitigation plan.
(7) Proposed Buildings and Structures. All proposed structures, fences and walls
shall be shown in elevation drawings reflecting their location, size, height and
construction material and generalized floor plans.
(8) Tabular Summary. A tabular summary/legend, providing the existing and
proposed project development program, F.A.R., residential density,
commercial and hotel intensity and other infonnation as required by the
Planning and Zoning Department, shall be submitted.
(9) Conceptual Signage Palette. Prior to the first building permit, the applicant for
site plan approval shall provide a Master Signage Plan in accordance with
Section 20-12.15, South Miami Land Development Code.
Ord. No. 26-23-2477
(10) Traffic Access and Impact Study. A study evaluating the impact of traffic from
the proposed project in accordance with Section 20-4. l(D), South Miami Land
Development Code.
( 11) Pedestrian and Vehicular Circulation.
( 12) Construction Phasing Plan.
( 13) Proposed Exterior Finishes and Materials.
(14) Renderings.
( 15) Optional. Context studies.
( 16) Optional. Economic Impact Statement.
(C)Sile Plan Expiration. Final approval of an Initial Site Plan by the City Commission
shall l8f3se e8e (1) year expire two (2) years after the approval is rendered if no
Administrative Site Plan is approved prior to the expiration date. The expiration date
shall be extended by two (2) years from the date of an approved Administrative Site
Plan. An Administrative Sire Plan shall expire one (I} year after agproval unless an
application for a building permit or demolition permit has been filed with the City. A
legal, administrative, or judicial challenge to the Site Plan shall toll all time frames until
the resolution of the challenge, including appeals. Notwithstanding the foregoing the
City Manager or City Commission may extend the Initial Site Plan or any individual
Administrative Site Plan approval for one ( 1) additional year or for some other amount
of time as appropriate under the circumstances.
Section 20-12.14-Final plans/administrative amendments.
Any project to be developed within the OS disttict shall be generally developed in
substantial confonnity with an approved Administrative Site Plan that is itself substantially in
confonnity with the Initial Site Plan. Amendments may be made to the Initial Site Plan through
either a Major Change or a Minor Change. A Minor Change that does not m shift the location of
a building by the lesser of ten percent (more than I 0%) or 10 feet in any horizontal direction, (ii)
increase the height of a building in stories, (iii) reduce an approved open space feature by more
than five percent (5%) of its approved area, or (iv) change the manner of operation of an approved
building or feature. shall be approved by the City Manager provided the proposed modification is
otherwise consistent with this article. the Land Development Code, and the Development
Agreement. Any progosed amendment that does not meet the preceding criteria shall be deemed
a Major Change. It is uederstood that pla8s may eeed ta l:,e modified sul:,seliuent ta appfa~,al of the
lailial Site Plae. A ehaege that is net substantially in Ge8fermity with th.e appfO'red Site Plaa shall
eoostit:ute a Majer Change and ane that is subslantiall~' in eeeformity shall be deemed a Miner
Chaege. Fer puffJeses ef this seotion, Majer aed Mi8er Cltanges are defi9ed as follov,rs:
(A)Major Cha11gCN. A ehange er series ofehaages, which, either individually er eumulati11ely
willi other changes: (i) i8et=eases the 0 11erall Floor Area Ratio (F . .A.R.) er t=eside8tial densUy
(i8di11idually er eemhined) by thfee (3) peroe9t 01· met=e; or (ii) reduees the ovemll epen
spaee hy three {3) pereeat or m01·e of,,.,1-1at was aalhorii!ed by the origi8al site plan appl'e'led
ey lhe City Gammissien. ¥0F purposes ef ealeulating lhe eembined inoreases, a e8e a8d
siK tenths ( l .€i) pereent inerease in F.A.R. eemhieed with. a o8e aad siK teeths ( 1.6) pereeet
Ord. No. 26-23-2477
inoreese in Fesidential deesi~' shall eenstiiule a 001Bhiaed ehaage ef three ead v.r;o tenths
(3.2} peroeat, th1:1s eeRstimting a Majer ChaRge.
( 1) An applicant for a Major Change shall schedule a preliminary conference with the
Planning and Zoning Department. The Planning and Zoning Department shall
accept the application and fonnulate its recommendation for consideration by the
Planning Board [3] and the City Commission as applicable. The Planning and
Zoning Department shall forward its recommendation to the Planning Board within
sixty (60) days of its receipt of a complete application.
(2) An application for Major Change approval shall be heard by the Planning Board at
a public hearing. The Planning and Zoning Department shall post, publish, and
otherwise notice the public hearing. The Planning Board shall fonnulate its
recommendation on the Major Change to the City Commission.
(3) An application for Major Change approval shall be heard by the City Commission
at a public hearing. The Planning and Zoning Department shall post, publish, and
otherwise notice the public hearing. The City C01mnission shall have final review
and approval authority on applications for a Major Change.
(B) Minor Changes. A Miner Chaage shall 1;,e appre 11ed ael1:ninish=ati:vely pre¥ided sash ehaege
is gener-ally oensistent with the design elemeets and material aad oeler f)aleUes oeetained
1Niihia the eentf01liag appF0 1,'ed Site Plae. The applieaet shall haYe the right to shift,
FOalloeate, relooate, add, reduse aed eomhine appfe:Yed sqyare feotages, uses, buildings
aae skllemres 1Nithm the Site Plae, aeEl te make ehaages er a series ofehaages ta the Site
Piao tiuriag the eeuFse of de,1elef)meet, proYideEl that the pFeposed ehaage, whieh, eit:her
individually er eumulath,ely 1.vith other i:t~iner ehaages does not: (i) ieerease the 0 1.cerall
permitted F.A.R. or residential density (iedi,;iElually or eomhined) lly thl"ee (3) pereent er
mor:e of vlhat 1.1.r.as authori2ed lly tho original Sito Plaa appre,red l>y the City Commissioe;
(ii) deereese the 0 1,erell open spaee by three (3) pereeat or mef8 of what was autheri2ed hy
the original site plaa apprn 1.ced ay the City Col¼lfRission; (iii) iaei=ease the peHRitted height
ahe 1.ce ,11hat is allo 1N~d ay this Aniele; or (i'l) pennit a ne 1.v use not permit:ted as of right
within the DS distriet. it\Eljush:neRts to parkiag that arise ffoln Miaor Changes shall ae
deemed te he a Miaor Change pi=o11ided the applieaatjustifies the adjustment with a parking
srudy submiUed ie aeeerdaaee v;ith the DS distl'iet regulatieas. l'.:Eljustments to eeler ei'
material seleetien shall he deemed to he a Miner Change if the ehaege is geeemlly
ooesisteet with the appreJJed material aRE1 eelor palettes. Changes to mine,· e*terier
arehiteemral element-s, fealures aad matetials shall also he deemed ta he a Minor Chaege,
iaelaeing, hut aet limited to, ehenges in: Ditneasiens of v;iadews, deefS, anEI haleenies;
R1aterial seleetien (type, teKture, paUe111, eelo~; aaEI stefC ffentage.
( I) An applicant for a Minor Change to an approved Site Plan shall schedule a
preliminary conference with the Planning and Zoning Department to explain the
proposed change and to present the proposed modified Site Plan.
Ord. No. 26-23-2477
(2) Upon the Planning and Zoning Depat1ment's acceptance of a complete application
for a proposed Minor Change to the approved Site Plan, it shall review the proposed
changes for compliance with this section. Upon confirmation of compliance., the
Planning and Zoning Director (or his/her designee) shall recommend approval of
the modified Site Plan to the City Manager.
(3) Upon receipt of a recommendation of approval from the Planning and Zoning
Department, the City Manager shall administratively approve the modified Site
Plan. The City Manager shall then place a copy of the modified Site Plan and
decision in the DS district file. Notice of the approval of the modified Site Plan by
the City Manager shall be transmitted to the City Commission and posted on the
City's website.
(4) A fifteen-day waiting period shall apply for all approvals of Minor Changes.
Section 20-12.15-Master sig11age plan.
The intent of this section is to allow for the creation of a specialized and comprehensive
signage plan for the DS district that reflects the distiicts unique character, size, urban scale, mixture
of uses, and pedestrian connectivity. It is recognized that signs fonn an integral part of architectural
building and site design and require equal attention in their design, placement and construction.
The Master Signage Plan approved in accordance with this section shall integrate with the overall
site design, contribute to the unique character of the DS district, and maintain a harmonious and
aesthetically pleasing visual environment that integrates with the character of the surrounding
community. This section shall be the sole and exclusive series of regulations governing signage
within the DS district. The DS district is not required to meet any other provision of Section 20-
4.3, Sign Regulation, or any other signage provisions contained in the South Miami Land
Development Code. Once approved, the Master Signage Plan shall govern the placement and
operation of signage within the DS district.
(A)Master Sig11age Pkm Requirements. The Master Signage Plan shall include both a graphic
plan and text to describe the intended design, erection and maintenance of signs within the
DS district that face the public right-of".-way. In recognition of the foregoing, the Master
Signage Plan submission shall provide signage guidelines that address:
( 1) Size and dimensional standards;
(2) Number, combination, location and orientation standards;
(3) Lighting and illumination standards;
( 4) Matelial quality standards;
(5) Optional. Standards for signs within private property, including those facing
internal driveways and plazas.
(B) Permitted Sig11age. All signage meeting the guidelines of an approved Master Signage Plan
shall be pe1mitted within the DS district. By way of illustration, but not limitation, the
following types of signage are pennissible within the DS district: Wall signs (flat mounted,
mounted letter, projecting blade signs. banners, flags), canopy signs (flat roof, awning),
window and door signs, entryway embeds, menu boards (sidewalk signs), tenant address
signs, anchor signs, monument signs, major identification signs, temporary signs, and
pem1anent wayfinding, including retail center and parking signage.
Ord. No. 26-23-2477
(C) Master Signage Plan Review Procedures.
(I) The applicant for approval of a Master Signage Plan or amendment to an approved
Master Signage Plan, shall schedule a preliminary conference with the Planning
and Zoning Department to review the Master Signage Plan. The Planning and
Zoning Department shall accept the Master Signage Plan and fonnulate its
recommendation for consideration by the Planning Board and the City Commission
as applicable. The Planning and Zoning Depa11ment shall fo1ward its
recommendation to the Planning Board within sixty ( 60) days of its receipt of a
complete Master Signage Plan.
(2) Master Signage Plan approval shall be heard by the Planning Board at a public
hearing. The Planning and Zoning Department shall post, publish, and otheiwise
notice the public hearing. The Planning Board shall fo11nulate its recommendation
on the Master Signage Plan to the City Commission.
(3) Master Signage Plan approval shall be heard by the City Commission at a public
hearing. The Planning and Zoning Department shall post, publish, and otheiwise
notice the public hearing. The City Commission shall have final review and
approval authority on the Master Signage Plan.
(D)Sig11 Permit Applicalio11 cmd Review Requirements.
(I) Sign Permit Applicalion Req11ireme11/s. Pennit applications for all signage fronting
a public right-of-way shall contain the following:
( a) Survey or an accurate site plan of the lot depicting the location of all
public and private streets, existing signage locations, buildings, parking
lots, driveways, and landscaped areas;
(b) An accurate indication on the site plan of the proposed location of
each proposed sign;
(c) Properly dimensioned and scaled drawings and descriptions
showing sign proportions, location of each sign on the building, color
scheme, lettering or graphic style, material, lighting, and other information
which depicts the proposed sign;
( d) If needed, a completed building permit application and electrical
permit application; and
(e) Building permit and electrical drawings as required by the Florida
Building Code.
(2) Permit Applicatio11 Review Requiremell/s.
(a) Co11formi11g Sig11age. Signs in substantial confonnance with the
guidelines of a Master Signage Plan approved by the City Commission shall
be administratively approved by the Planning Director within thirty {30)
days following the submission of a complete sign permit application.
(b) No11-Confor111i11g Signage. Signs not in substantial confo1mance
with the guidelines of a Master Signage Plan approved by the City
Commission shall be reviewed and approved as follows:
i. The applicant shall schedule a preliminary conference with the
Planning and Zoning Department to review the sign permit
application. The Planning and Zoning Department shall accept the
sign permit application and formulate its recommendation for
consideration by the Planning Boai·d and the City Commission as
Ord. No. 26-23-2477
applicable. The Planning and Zoning Department shall foiward its
recommendation to the Planning Board within thirty (30) days of its
receipt of a complete sign permit application. •
ii. The sign permit application for a non-conforming sign shall be heard
by the Planning Board at a public hearing. The Planning and Zoning
Department shall post, publish, and otheiwise notice the public
hearing. The Planning Board shall formulate its recommendation on
the sign permit application to the City Commission.
iii. Approval of the non-confonning sign pe11nit application shall be
heard by the City Commission at a public hearing. The Planning and
Zoning Department shall post, publish, and otheiwise notice the
public hearing. The City Commission shall have final review and
approval authority on the sign permit application for a non-
confonning sign.
(E) Exceptions from the Sign Permit Application mu/ Review Requirements. The following
signage may be erected without a permit or review by the City but shall comply with all
stmctural and safety requirements of the Florida Building Code; however, all electrical
installations and modifications may only be initiated upon issuance of a valid electrical
permit.
( 1) Signage erected on private property, including those facing internal driveways and
plazas, which do not face and are not substantially viewable from a public right-of-
way or publicly accessible open space (including rights-of-way and plazas}; and
(2) Signage exempt pursuant to Section 20-4.3(C), South Miami Land Development
Code.
(F) Prohibited Sig11s and Sign Characteristics. No sign shall be constructed, erected, used,
operated or maintained which:
(1) Blinks, flashes, or displays intennittent lights similar to or resembling flashing
lights customarily associated with danger or customarily used by police, fire or
other emergency vehicles.
(2) Rotates, except for traditional rotating barber poles.
(3) Uses the words "stop" or "danger" or implies the need or requirement for stopping;
or which is a copy or imitation of an official sign. Prohibition of the words "stop"
or "danger" does not apply in instances when such words are used in descriptive
lines of advertising, so long as they are not used to copy or imply any official traffic
waining.
(4) Creates a blended background of colored lights with traffic signal lights which
might confuse motorists when viewed from a distance ofup to three hundred (300)
feet.
(5) Projects over any public street, sidewalk or alley in a single-family residential
zoning district.
(6) Is a snipe sign on either public or private property.
(7) Is a balloon or blimp.
(8) Is located on the roof, except for signs located on mansard or shed roofs where such
signs are permitted.
(9) Advertises products, services or establishments not available on premises.
(10) Is located on a back lit and translucent awning.
Ord. No. 26-23-2477
( 11) Is a hanging sign not providing adequate clearance above public walkways as
required by the Land Development Code and the Florida Building Code.
(12) Blocks egress, ingress, light or ventilation to a site.
( 13) Conveys the impression that property or structures can be used for purposes not
permitted by this Code or other regulations.
( 14) Is portable or movable, including those signs that are tied down with metal straps,
chaining or otherwise temporarily anchored to an existing structure or other similar
method of anchoring, excluding pennitted portable outdoor dining signs.
( 15) Is a sign painted or affixed in any manner to any vehicle, trailer or h-uck or similar
transpo11able device and which is used to advertise a place of business or activity
as viewed from a public right-of-way, except for:
(a) Commercial vehicle signs when such vehicles are operational and
used daily for delivery or service purposes such as food service, and not
used or intended for use as portable signs;
(b) Buses, taxis or similar common canier vehicles which are licensed
or certified by Miami-Dade County or other governmental agencies; and
(c) Vehicles converted to permanent kiosks for retail or food and/or
beverage sales.
Agenda Item No:11.
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
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; CODIFICATION; 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_ (1).docx
Ordinance - Downtown Somi Zoning Text - SR 11.14.23
4777877-Exhibit A - Changes to Article 3.docx
Exhibit_B_-_Article_XII_Text_-_11-14-23 - Final for SR.docx
MDBR.pdf
MH Ad.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:Amendments to the Zoning Regulations of the Land Development Code
modifying land development regulations applicable to the “DS” Downtown SoMi
District.
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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November 21, 2023
Page 2 of 32
BACKGROUND:
The individual requests are companion ordinances that are part of a coordinated effort by 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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Downtown SoMi (DS) Comp Plan and LDC Text Amendments, and 5795 Sunset Drive FLUM & Rezoning Applications
November 21, 2023
Page 3 of 32
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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Page 4 of 32
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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Page 5 of 32
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 entertainment center. 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 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. 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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Page 9 of 32
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.
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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.
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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.
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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.
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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.
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Page 1 of 3
EXHIBIT “A”
20-3.1 Zoning use districts and purposes.
***
(B)District Purpose Statements.
***
(33)"DS" Downtown SoMi District: The purpose of this district is to provide for the establishment of place-
making development that is urban in scale. This district authorizes a mixture of uses, densities,
intensities, and heights that contribute to a vibrant urban experience within walking distance to rail-
based rapid transit. 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. The
regulations applicable to the DS District are contained in Article XII of these Land Development
Regulations. To accommodate shifting market conditions, it is the express intent of the DS district
regulations to allow flexible changes in an approved development program between and among
permitted uses.
Permitted heights in the DS district shall be up to one hundred ninety-five (195) feet as defined in
Section 20-12.8.
The permitted Floor Area Ratio (F.A.R.) shall be up to 3.0 and shall only apply to non-residential
structures. Permitted residential density shall be up to sixty-five (65) dwelling units per acre. Hotel uses
within this district 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.
To promote an active, urban, and vibrant pedestrian experience outdoor seating as a convenience for
tenants and guests and as an accessory to restaurants, cafés and similar uses shall be encouraged
within the DS district.
Land may be zoned DS if it satisfies all of the following requirements:
(1)The area of the land so zoned is ten (10) acres or less but exceeds five (5) acres;
(2)A portion of the land so zoned is adjacent to a principal arterial roadway;
(3)A portion of the land so zoned is adjacent to a minor arterial roadway; and
(4)A portion of the land so zoned is within one thousand five hundred (1,500) feet radius of an
existing rail-based transit station.
This district is appropriate in areas designated "Downtown SoMi" in the City's adopted Comprehensive
Plan and Future Land Use Map.
***
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Page 2 of 3
20-3.5 Dimensional requirements.
***
(B)Nonresidential Districts.In nonresidential districts, except for the Downtown SoMi (DS) district, the minimum
lot area and frontage, minimum yard setbacks, maximum floor area, maximum coverage and maximum
building heights for permitted uses in each district shall be determined from the Dimensional Requirements
Table for nonresidential districts (Section 20-3.5(G)). In the DS district the applicable dimensional
requirements are set forth in Article XII of these Land Development Regulations. minimum lot area, minimum
yard setbacks, maximum floor area, maximum building coverage and maximum building heights for
permitted uses in the district shall be determined from the Dimensional Requirements Table for the DS
district (Section 20-3.5(I)).
(C)Dimensional Requirement Tables.
(1)The use of land and the erection of buildings and other structures on land shall be subject to the
dimensional requirements of the applicable zoning district, as reflected on the four (4) tables labeled
"Dimensional Requirements, Single-Family Residential Districts, One-Story" (Section 20-3.5(E)) or
"Dimensional Requirements, Single-Family Residential Districts, Two-Story" (Section 20-3.5(H)),
"Dimensional Requirements, Attached Single-Family and Multi-family Residential Districts" (Section 20-
3.5(F)), and "Dimensional Requirements, Nonresidential Districts" (Section 20-3.5(G)), and
"Dimensional Requirements, Downtown SoMi District" (Section 20.3.5(I)).
(2)There shall be no variation or deviation from such dimensional requirements except where expressly
allowed by this Code.
(3)Minimum and maximum dimensional requirements for permitted uses within a PR or PI use district
shall be the same as those listed in the following tables for uses within the most restrictive use district
located adjacent to the subject PR or PI property.
***
Section 20-3.5I
DIMENSIONAL REQUIREMENTS
DOWNTOWN SoMi DISTRICT
SITE DATA REQUIREMENT
Min. Lot Area Net 5.00 Acres
Max. Building Coverage
Percent Building Coverage 90%
Max. Floor Area Ratio (F.A.R.) 3.0
Min. Open Space Requirementsa
Percent Open Space 10%
Max. Impervious Coverageb
Percent Impervious Coverage 90%
Density 65 du/acre max.
MIN. BUILDING SETBACK MIN. REQUIRED
a. Front 0'-0"
b. Side 0'-0"
c. Rear N/A
BUILDING HEIGHT/SEPARATION
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Page 3 of 3
Village Zone Gateway Zone Structured
Parking
Max. Stories 4 Stories 17 Stories N/A
Max. Building Height 70'-0" 195'-0" 95'-0"
Between Buildings 10' Wall
without Windows;
30' Wall
with Windows
10' Wall
without Windows;
30' Wall
with Windows
10' Wall
without Windows;
30' Wall
with Windows
a Open Space shall be calculated in accordance with Section 20-12.9(A).
b Impervious Coverage shall be calculated as a percentage of site open space in accordance with Section 20-12.9(C).
***
39
EXHIBIT “B”
Article XII – DOWNTOWN SoMi DISTRICT REGULATIONS
Section 20-12.1 – Intent.
The Downtown SoMi (DS) district is intended for properties designated “Downtown
SoMi” on the City’s Comprehensive Plan, to provide for the establishment of place-making
development that is urban in scale. This district authorizes a mixture of uses, densities, intensities,
and heights that contribute to a vibrant urban experience within walking distance to rail-based
rapid transit. 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. To
accommodate shifting market conditions, it is the express intent of the DS district regulations to
allow flexible changes in an approved development program between and among permitted uses
through the standards established for Major and Minor Changes in Section 20-12.14.
Permitted heights in the DS district shall be from four (4) stories up to twelve (12)
seventeen (17) stories with bonuses available to achieve additional floors up to thirty-three (33)
floors maximum pursuant to the bonus program in this Article one hundred ninety-five (195) feet
and defined in Section 20-12.8, South Miami Land Development Code.
The permitted Floor Area Ratio (F.A.R.) shall be up to 3.01.8 and shall only apply to non-
residential structuresuses. Permitted residential density shall be up to sixty-five (65) dwelling units
per acreone hundred fifty (150) dwelling units per acre. Hotel uses within this district 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
towardsagainst F.A.R. and commercial uses (including hotel uses) shall not count towards
residential density.
To promote an active, urban, and vibrant pedestrian experience, outdoor seating as a
convenience for tenants and guests and as an accessory to restaurants, cafés and similar uses shall
be encouraged within the DS district.
Land may bePropertyzoned DS may qualify for bonus height through approval of an Initial
Site Plan only if the project approved pursuant to such initial Site Plan (as may be modified
pursuant to this Article), if is a unified project for development (pursuant to a unity of title, or
covenant in lieu of unity of title, or a unified plan of development pursuant to a reciprocal easement
agreement) and it satisfies all of the following requirements:
(1) The gross lot area of the property prior to dedicationsarea of the land so zoned is ten (10)
acres or less but exceeds five (5)ten (10) acres;
(2) The property abuts a federal highway and at least two section-line roadsA portion of the
land so zoned is adjacent to a principal arterial roadway;
(3) A portion of the land so zoned is adjacent a minor arterial roadway; and
40
(43)A portion of the land so zonedproperty is within one thousand five hundred (1,500) feet
radius of an existing rail-based transit station; and
(4) The Property provides at least 17.5% of the gross lot area as open space.
Once qualified for bonuses under an Initial Site Plan approval, each phase of the project,
or additional lands added to the project subsequent to the Initial Site Plan approval, shall be eligible
for bonus height as set forth in this ArticleThis district is appropriate in areas designated
"Downtown SoMi" on the City's adopted Comprehensive Plan.
Section 20-12.2 – Boundaries. Reserved.
The DS district is generally south of principal arterial U.S. 1/South Dixie Highway, west
of minor arterial SW 57 Avenue/Red Road and north of minor arterial SW 72 Street/Sunset
Drive, and is more specifically delineated on the City's Official Zoning Map with the symbol
"DS".
20-12.3 Applicability.
The requirements of this article shall apply to all development within the DS district and in
case of conflict, the provisions of this article shall control over other requirements of the Code,
Ordinances, Land Development Code and all other regulations of the City of South Miami.
Section 20-12.4 – Floor Area Ratio (F.A.R.).
For the purposes of the DS district, tThe permitted F.A.R. shall be up to 3.01.8 and shall
mean a landdevelopment intensity measure setting forth the maximum non-residential gross floor
area that can be developed on a propertyexpressed as the ratio between the number of square feet
of gross floor area within non-residential structures (including hotel uses) on a lot and the total
square footage of the lot. Multiplying the F.A.R. by the gross lor area, prior to any right-of-way
dedications or public easements, results in the allowable non-residential floor area that can be
developed of the propertyis derived by dividing the gross floor area of non-residential structures
by gross lot area. Hotel uses within this district shall be deemed part of the commercial intensity
and shall not be counted for purposes of calculating residential density or intensity. Gross floor
area shall mean the total horizontal area of the several floors of a building, measured from the
exterior faces of exterior walls or from the centerline of walls separating two attached buildings.
In particular, gross floor area shall include all spaces designed or intended for:
(A)Any permitted use or activity.
(B)Interior halls, balconies or mezzanines.
(C)Completely enclosed terraces, breezeways or porches.
(D)Accessory buildings or structures.
(E)Attics or basements (with headroom of seven (7) feet or more).
(F)Permanent enclosed, air-conditioned kiosks.
41
However, gross floor area shall not include space used for:
(G)Enclosed off-street parking spaces.
(H)Accessory water tanks, chillers or cooling towers.
(I)Uncovered steps and exterior balconies.
(J)Open terraces, breezeways or porches.
(K)attics non-habitable structures above the roof slab, and basements.
(L)Service Areas (mechanical, electrical, loading, storage, trash/refuse and communication
equipment rooms or spaces).
(M)Elevator shafts or stairwells at each floor.
(N)Enclosed means of egress corridors.
(O)Rooftop uses including pools, and open-air restaurants, bars, and cabanas, and open-air
kiosks.
(P)Outdoor seating areas and nonpermanent open-air kiosks.
(Q)Residential uses.
Section 20-12.5 – Residential density.
For the purposes of the DS district, tThe permitted residential density shall be up to sixty-
five (65)one hundred fifty (150) dwelling units per acre. Hotel uses shall not be counted for
purposes of calculating residential density and intensity, but rather shall be included as part of
commercial intensity.
Section 20-12.6 – Permitted uses.
Permitted Uses are as expressly provided by these DS district regulations, including those
additional uses listed in the Permitted Use Schedule in Section 20-3.3(D), and also include:
(1) hotels,
(2) outdoor dining/seating, and
(3) rooftop uses,
(4) Entertainment, theaters, and attractions
(5) Live-work units
(6) Assisted living facilities subject to special exception approval from the City
Commission
(7) Research and development
(8) Incubator space
(9) Artist studios
(10)Child care facilities
(11)Schools subject to special exception approval from the City Commission
42
(12)Animal hospitals or veterinarians subject to special exception approval from the
City Commission
(13)Automobile dealers from completely enclosed buildings
(14)Microbrewery/brewpubs
(15)Neighborhood convenience store
(16)such other uses as permitted and special uses set forth in Section 20-7.17
(Hometown District).
The distance requirements between premises that sell alcoholic beverages set forth
Chapter 4 (Alcoholic Beverages) shall not apply within the DS district
20-12.7 Grandfathering.
All existing legal uses and structures established prior to the enactment of these DS district
regulations shall be deemed to be lawful, conforming, and permitted uses and structures. Legally
nonconforming uses and structures within the DS district shall be subject to the provisions of
Section 20-4.8, South Miami Land Development Code.
Section 20-12.8 – Permitted heights.
The DS district encourages a variety of heights and massing configurations based on site
specific conditions, with heights adopted by ordinance.
For the property bordered by Sunset Drive on the south, 57th Avenue on the east, US
Highway 1 on the north, and SW 58th Avenue on the west, allowable heights are split into four
zones: the Sunset Zone, the Village Zone, the Central Zone, and the US-1 Gateway Zone. The
dimensions of the zones and their respective maximum base and bonus heights are as follows:
Table 20-12.8
Zone Sunset Zone Village Zone Central Zone US-1 Gateway
Zone
Dimensions
from Lot Line of
Project
Contiguous with
Sunset Drive
Beginning at the
lot line on Sunset
Drive (as of
January 1, 2023)
thence north to
105 ft from
Sunset Drive
Beginning at 105
ft north of the lot
line on Sunset
Drive thence
north to 210 ft
from Sunset
Drive
Beginning at 210
ft from the lot
line on Sunset
Drive thence
north to 500 ft
from Sunset
Drive
Beginning at 500
ft from the lot
line on Sunset
Drive thence
north to 956 ft
from Sunset
Drive
Depth of Zone 105 ft 105 ft 290 ft at eastern
edge
456 ft at eastern
edge
Base Height 4 Stories/50 ft 7 Stories 10 stories 17 12 stories
Tier 1 Bonus 5 stories (to
reach 17 stories)
43
Tier 2 Bonus 8 Stories*8 Stories 15 Stories 16 Stories
Max Bonus
Height (with
bonusesboth Tier
1 and Tier 2
Bonuses)
12 Stories*15 Stories 25 stories 33 stories
*Bonus height shall be available in Sunset Zone only if the base height within the Sunset
Zone is limited to two (2) stories or less, and in such circumstance, bonus height shall be limited
to the area commencing 30 feet north of the project’s south lot line (as of January 21, 2023) and
extending north to northernmost extent of Sunset Zone (the “Secondary Sunset Zone”). Aggregate
floorplate for all portions of structures above two (2) stories in the Secondary Sunset Zone shall
not exceed 50% of the lot area of the Secondary Sunset Zone.
Floorplates of floors above the tenth (10th) story in the Central Zone or US-1 Gateway
Zone shall not exceed 20,000 square feet of gross floor area, except that the owner may designate
one development site within such zones where the floor plates above the tenth (10th) story may be
developed to 25,000 square feet of gross floor area.
The term “story” or “stories” means a habitable level within a building by which permitted
heights are measured. For purposes of calculating permitted height and stories, elements and
features, including, but not limited to, vertical circulation elements (such as stairs and elevators),
illumination elements, chillers, mechanical space, mechanical structures, architectural features,
parapets, communications equipment, and solar panels, attached to or serving structures, may exist
above said slab and are not to be counted toward height or constitute a story. Notwithstanding the
foregoing, the height of these elements (excluding elevator overruns) and features shall not exceed
twenty (20) feet in height above the roof slab above the highest habitable level. Accessory to
rooftop uses, including pools, open-air restaurants, bars, cabanas, and open-air kiosks, may exist
above said the roof slab and are not to be counted toward height or constitute a story.
Notwithstanding the foregoing, the height of these elements and features shall not exceed eighteen
(18) feet in height above the roof slab above the highest otherwise habitable level.
The location and dimensions of the Sunset Zone, the Village Zone, the Central Zone and
the US-1 Gateway Zone are generally illustrated in the following Diagram 1 (in the event of
conflict with Table 20-12.8, Table 20-12.8 shall control):
Diagram 1
44
Diagram 1 set forth above does not apply to structured parking located within the DS
district. Regardless of Zone, structured parking within the DS district shall be permitted to a
maximum height of nine (9) stories, at the time of adoption of the DS district regulations, to the
roof slab above the highest elevated parking deck. Notwithstanding the foregoing, no parking
structure or part thereof shall encroach the Sunset Zone. For purposes of calculating the height of
structured parking, vertical circulation elements (such as stairs and elevators), illumination
elements, mechanical elements, architectural features, parapets, solar panels, and communication
elements, attached to or serving structured parking, and structures accessory to roof top uses,
including pools, open-air restaurants, bars, cabanas, and open-air kiosks, may exist above the roof
slab and are not to be counted toward height or constitute a story. Notwithstanding the foregoing,
the height of these elements and features shall not exceed thirty-five (35) feet in height above the
roof slab above the highest elevated parking deck.The DS district is divided into two (2) height
zones: The Gateway Zone and the Village Zone. The maximum permitted height within the
Gateway Zone shall be one hundred ninety-five (195) feet and the maximum permitted height
within the Village Zone shall be seventy (70) feet. For structures located primarily within the
Gateway Zone, height shall be measured from the average elevation of the crown of the abutting
principal arterial roadway at the time of adoption of the DS district regulations to the roof slab
above the highest habitable floor. For structures located primarily within the Village Zone, height
shall be measured from the lowest existing finished floor elevation within the Village Zone at the
time of adoption of the DS district regulations to the roof slab above the highest habitable floor.
Tier 1 Bonus
For a unified development site exceeding 10 acres, the base height in the US-1 Gateway
Zone may be increased by five (5) stories for a total height of 17 stories before application of Tier
2 Bonus Height.
45
Tier 2 Bonus Height
To develop with Tier 2 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. Bonus floor area will be reserved
with a contribution made at Initial Site Plan Approval of ten percent (10%) of the amount
due for the aggregate amount of bonus floor area required to be purchased to complete the
overall project set forth in the Initial Site Plan (the “Initial Bonus Floor Area
Contribution”). Thereafter, any project phase seeking administrative site plan approval
shall be required to pay 25% of the required contribution for that project phase on or before
administrative site plan approval, with the remaining balance due at building permit for
any portion of such project phase; provided however that such project phase shall be
entitled to a dollar for dollar credit for the Initial Bonus Floor Area Contribution until such
Initial Bonus Floor Area Contribution is extinguished. Each portion of the contribution
shall be calculated based on the rate in effect at the time of payment, with all contributions
to be deposited in the City’s public benefits trust fund to be established by Commission
action. The contribution rate shall increase to $15 per square foot on January 1, 2026, and
shall increase $1.50 per square foot on January 1, 2027 and each year thereafter.
On-site qualifying enhancements may be applied as follows:
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 (in total for the project) shall qualify for four
(4) square feet of bonus floor area.
a. Such areas shall be open to the general public as set forth in an easement
memorialized by Development Agreement, acceptable to the City Manager and
City Attorney, from sunrise until the closure of all food and beverage uses on the
property, subject to (i) reasonable rules and regulations; (ii) reasonable closure of
vehicular traffic; and (iii) reasonable closure for special events that exclude the
general public (not to exceed more than 15 days per year), maintenance, or
emergency activities. Rights-of-way shall not be bridged over or encroached upon
except where set forth in an approved Initial Site Plan. Rights-of-way may be used
for outdoor seating, sidewalk sales, and similar outdoor uses provided rights-of-
way maintain a clear path at least five (5) feet wide at all times.
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, provided at least 100 units of affordable housing are developed in the aggregate.
a. Affordable housing shall be limited to rents or a sales price that is affordable to
qualifying households at 80% of Area Median Income as set forth by Miami-Dade
46
County statistics promulgated by the U.S. Department of Housing and Urban
Development. The owner shall commit by covenant prior to building permit to
maintain such affordability restriction on the property for a minimum period of 25
years. Units thus restricted shall be spread among all unit types in the building and
shall be interspersed throughout the building to avoid their overconcentration in
any portion of the building. The owner may forgo the covenant and instead
contribute $45.00$16.50 per square foot of bonus floor area attributed to affordable
housing development, with such payment to be deposited in the City’s Public
Benefit Trust Fund to be established,. The $16.50 per square foot payment includes
a 37.5% penalty over and above the regular bonus contribution rate to account for
delaying payment from administrative site plan approval to building permit. The
contribution rate shall increase to $48.00$19.50 per square foot on January 1, 2026,
and shall increase $1.50 per square foot on January 1, 2027 and each year thereafter.
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, provided at least 100 units of workforce housing are developed in the aggregate.
a. Workforce housing shall be limited to rents or sales price that is affordable to
qualifying households at 140% of Area Median Income as set forth by Miami-Dade
County statistics promulgated by the U.S. Department of Housing and Urban
Development. The owner shall commit by covenant prior to building permit to
maintain such affordability restriction on the property for a minimum period of 25
years. Units thus restricted shall be spread among all unit types in the building and
shall be interspersed throughout the building to avoid their overconcentration in
any portion of the building. The owner may forgo the covenant and instead
contribute $45.00$16.50 per square foot of bonus floor area attributable to
workforce housing development, with such payment to be deposited in the City’s
public benefit trust fund to be established,. The $16.50 per square foot payment
includes a 37.5% penalty over and above the regular bonus contribution rate to
account for delaying payment from administrative site plan approval to building
permit. The contribution rate shall increase to $48.00$19.50 per square foot on
January 1, 2026, and shall increase $1.50 per square foot on January 1, 2027 and
each year thereafter.
4. Condominium – 1:1 5 bonus. For each five (5) square foot 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 a maximum bonus of 100,000 square feet.
a. Prior to issuance of a building permit, the owner shall post a bond or letter of credit
for the benefit of the City in an amount equal to $18 per square foot of any such
bonus floor. Such bond or letter of credit shall be released only if the units
submitted for condominium ownership have been sold to bona fide purchasers
unrelated to the developer and by arms-length transactions (with no bona fide
purchaser owning more than ten condominium units) and continue within the
condominium form of ownership on the anniversary of five (5) years from the date
of the temporary or final certificate of occupancy for the condominium, whichever
is first to occur. If the units submitted for condominium ownership are not sold to
bona fide purchasers unrelated to the developer and by arms-length transactions
(with no bona fide purchaser owning more than ten condominium units) and
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continue within the condominium form of ownership for at least five (5) years from
the date of the temporary or final certificate of occupancy for the condominium,
whichever is first to occur, the City may claim the full amount of the bond or draw
the full amount of the letter of credit. No certificate of occupancy for any such
condominium building shall be issued until the Condominium Declaration has been
recorded, or in lieu of such recordation, the owner may forgo the condominium
filing and instead contribute $18 per square foot of bonus floor area attributable to
condominium development, with such payment to be deposited in the City’s public
benefit trust fund to be established. The $18 per square foot payment includes a
50% penalty over and above the regular bonus contribution rate to account for
delaying payment from administrative site plan approval to certificate of
occupancy. The contribution rate shall increase to $21 per square foot on January
1, 2026, and shall increase $1.50 per square foot on January 1, 2027 and each year
thereafter.
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 as follows:
a. LEED Gold: For each five square feet of a building that achieves LEED GOLD, or
equivalent certification approved by the City Manager, the overall development
shall qualified for one (1) square foot of bonus floor area.
b. LEED Platinum, PassivHaus, or Living Building Challenge certification, or
equivalent certification approved by the City Manager: For each three square feet
of a building that achieves LEED Platinum, PassivHaus, or Living Building
Challenge certification, the overall development shall qualified for one (1) square
foot of bonus floor area.
c. Prior to issuance of a building permit, the owner shall post a bond or letter of credit
for the benefit of the City in an amount equal to $18 per square foot of bonus floor
area attributable to sustainability certification, with such payment to be deposited
in the City’s public benefit trust fund to be established. The $18 per square foot
payment includes a 50% penalty over and above the regular bonus contribution rate
to account for delaying payment from administrative site plan approval to
certificate of occupancy. Such bond or letter of credit shall be released only if the
building obtains the intended certification within one year following temporary or
final certificate of occupancy, whichever is first to occur. If the intended
certification is not produced to the City Manager on or before the one-year
anniversary of the temporary or final certificate of occupancy, whichever is first to
occur, the City may claim the full amount of the bond or draw the full amount of
the letter of credit.
1 For the property bordered by Sunset Drive on the south, 57th Avenue on the east, US Highway
1 on the north, and SW 58th Avenue on the west, the City recognizes that prior to the adoption of
this ordinance, the property was permitted a floor area ratio of 3.0 (the “Previous F.A.R
Threshold”). For the purposes of bonus floor area, the owner of such property may convert unused
floor area up to the Previous F.A.R. Threshold of 3.0 rather than the current F.A.R. limitation of
1.8.
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2 For the property bordered by Sunset Drive on the south, 57th Avenue on the east, US Highway 1
on the north, and SW 58th Avenue on the west, the portion of the property located within the
Sunset Zone is permitted a base height of four stories. The owner-applicant may elect to build less
floors than permitted. For floor area that the owner-applicant forgoes within the Sunset Zone
between the proposed height and the four (4) stories that are permitted, such floor area may be
converted to bonus floor area.
For purposes of calculating height, elements and features, including, but not limited to,
vertical circulation elements (such as stairs and elevators), illumination elements, chillers,
mechanical space, mechanical structures, architectural features, parapets, communications
equipment, and solar panels, attached to or serving structures, may exist above said slab and are
not to be counted toward height. Notwithstanding the foregoing, the height of these elements and
features shall not exceed twenty (20) feet in height above the roof slab above the highest habitable
floor. The location and dimensions of the Gateway Zone and Village Zone are illustrated in the
diagram that follows:
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The diagram set forth above does not apply to structured parking located within the DS
district. Regardless of Zone, structured parking within the DS district shall be permitted to a
maximum height of ninety-five (95) feet measured from the lowest existing finished floor elevation
within the Village Zone, at the time of adoption of the DS district regulations, to the roof slab
above the highest elevated parking deck. Notwithstanding the foregoing, within one hundred fifty
(150) feet of the centerline of Sunset Drive, no parking structure or part thereof shall exceed the
seventy-foot height cap of the Village Zone. For purposes of calculating the height of structured
parking, vertical circulation elements (such as stairs and elevators), illumination elements,
mechanical elements, architectural features, parapets, solar panels, and communication elements,
attached to or serving structured parking, may exist above said slab and are not to be counted
toward height. Notwithstanding the foregoing, the height of these elements and features shall not
exceed thirty-five (35) feet in height above the roof slab above the highest elevated parking deck.
Notwithstanding anything to the contrary herein, no structure shall be erected or constructed at a
height of more than four (4) stories within the first 100 feet, or more than two (2) stories within
the first 50 feet, of a property that is adjacent to an RS-, RT-, or RM-zoned property, as measured
from the abutting property. For purposes of this provision, adjacent shall include contiguous
properties and those located across a street or alley.
Section 20-12.9 – Open space, building coverage and impervious coverage.
(A)Open Space. Open space shall refer to that part of a lot that is essentially unimproved
by permanent buildings. Open spaces landscaped and/or hardscaped ground level
spaces, such as,, including courts, pedestrian passages, streets, sidewalks, and yards,
which isthat are generally open and accessible to the public on the lot without
restrictions except as may be required for safety, subject to reasonable time, place, and
manner restrictions set forth in a Development Agreement. Open space includes ground
level or second level spaces, landscaped and/or paved. The minimum open space shall
be fifteen percent (15%) of the total lot area, in the aggregate for the project. Not more
than ten (10) percent of any required open space shall be water area.
(B)Building Coverage. Building coverage is all horizontal area that is covered by buildings
and not open to the sky directly above. Building coverage includes outdoor area
covered by a structure that is open to an improved public or private street, and includes.
These spaces include covered pedestrian passages such as breezeways or paseos.
Building coverage shall exceed no more than eighty percent (80%) of the total lot area.
(C)Impervious Coverage. The maximum amount of ground level open space which may
be covered by all uses requiring impervious ground cover shall not exceed ninety
percent (90%) percent of site open space. Impervious ground cover shall include
streets, alleys, driveways, pedestrian ways, parking areas, patios, and swimming pools,
except where such area is under a canopy of a shade tree planted at ground level within
publicly accessible open space (including rights of way on the perimeter of the project)
that, at time of planting, is at least 20 feet in height and 8 inches at breast height.
Section 20-12.10 – Landscaping.
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Landscaping and tree protection requirements within the DS district reflect the district's
urban scale and as-built condition and shall be subject to the provision of Section 20-4.5, South
Miami Land Development Code, except as expressly set forth in this section. Landscaping
requirements within the DS district shall reflect the district's urban scale and as-built condition.
(A)Site Trees.
(1)Minimum number of Site Trees. The minimum number of Site Trees required
under Section 20-4.5 for landscape plan submittals shall be eight (8) Site Trees
per acre of net lot area or thirty-four (34) Site Trees per acre of required open
space.
(2)Size and Type of Site Trees. Site Trees shall be of a species typically grown in
Miami-Dade County. Thirty-five (35) percent of the required trees and/or palms
shall be native species.
(a)Trees. Site Trees shall be a minimum of ten (10) feet high and have
a minimum caliper of two (2) inches at time of planting except that thirty
(30) percent of the Site Tree requirement may be met by native species
with a minimum height of eight (8) feet and a minimum caliper of four
(4) one and one-half (1½) inches at time of planting.
(b)Palms. Palms which meet the following requirements shall count as
a required Site Tree on the basis of two (2) one (1) palms per tree.
i.Minimum canopy of fifteen (15) feet spread at maturity.
ii.Provided at an average maximum spacing of twenty-five (25)
feet feet on center.
iii.Fourteen (14) foot minimum overall height or minimum caliper
of four (4) inches at time of planting.
(3) It is provided however that queen palms (Syagrus romanzoffiana) shall not be
allowed as Site Trees.
(4) No more than forty-five (45) percent of the minimum Site Tree requirements
may be met by palms.
(B)Street Trees. Street Trees shall be planted along the sides of all streets within a
development and on the development side of any contiguous street.
(1)Minimum Number of Street Trees. Street Trees shall be planted for every fifty
(50) feet of street frontage. The following shall be subtracted from the linear
feet of street frontage for the purposes of calculating the number of required
Street Trees:
(a)Widths of driveways;
(b)Widths of fire lanes;
(c)Lengths of frontage containing colonnades or arcades open to the
public which are located within four (4) feet of the edge of the roadway;
and
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(d)Lengths of frontage with Florida Department of Transportation
(FDOT) impingement up to the property line.
(2)Spacing of Street Trees. In no case shall trees of species with spreading crowns
(e.g., live oaks) be spaced closer together than twenty-five (25) feet or shall
trees of any species be spaced farther apart than fifty (50) feet. Street frontage
exempt from this spacing requirement includes:
(a)Areas of frontage excluded from the calculation of the minimum
number of Street Trees; and
(b)Areas of frontage adjacent to loading zones.
(3)Size and Type of Street Trees. Street Trees shall be of a species typically grown
in Miami-Dade County. Fifty (50) percent of the required trees and/or palms
shall be native species.
(a)Trees. Trees which meet the following requirements shall count as
a required Street Tree:
i.Normally mature to a height of at least twenty (20) feet.
ii.At time of planting, Street Trees shall have a clear trunk of four
(4) feet, an overall height of twelve (12) feet and a minimum
caliper of four(4) two (2) inches at time of planting.
(b)Palms. Palms which meet the following requirements shall count as
a required street tree on the basis of two (2) one (1) palms per tree.
i.Minimum canopy of fifteen (15) feet spread at maturity.
ii.Provided at an average maximum spacing of twenty-five (25)
feet feet on center.
iii.Fourteen (14) foot minimum overall height or minimum caliper
of four (4) inches at time of planting.
iv.It is provided however that queen palms (Syagrus
romanzoffiana) shall not be allowed as Street Trees.
v.No more than twenty-five (25) percent of the minimum Street
Tree requirements may be met by palms.
(4)Placement and Planting of Street Trees.
(a)Street Trees shall be high quality shade trees or qualifying palms
and shall be planted in tree lawns with a minimum width of eight (8)
feet, or within tree wells with minimum four-foot by four-foot surface
openings.
i.Tree wells may be enclosed with pavers or other hardscape
materials above the required rootzone volume. The landscape
architect shall present a recommendation regarding the need for
the installation of an aeration system necessary to conduit water
and oxygen to the roots of trees within tree wells.
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(b)Where possible, Street Trees shall be planted between the street and
the public sidewalk. Street trees may be planted between the sidewalk
and adjacent buildings only where the location of existing or proposed
utility lines along the street, or the clear zone requirements of the public
works department or other maintaining agency, prevent the location of
trees between the street and sidewalk. Where Street Trees are approved
to be planted between the sidewalk and adjacent buildings, the trees may
be located as close as five (5) feet away from building face.
i.When trees are requested by a property owner to be planted
within the right-of-way, the requesting property owners shall
execute a covenant provided by the City to provide for the
maintenance of such trees subsequent to planting. Where the
State, County, or municipality determines that the planting of
trees and other landscape material is not appropriate in the public
right-of-way, they may require that said trees and landscape
material be placed on private property.
ii.Street Trees may be placed within the swale area or shall be
placed on private property where demonstrated to be necessary
due to right-of-way obstructions and maintaining safe sight-lines
as determined by the City’s Public Works Department or the
appropriate governmental authoritywithin the municipality. The
City may require root barriers as per City rules.
iii.Where trees are planted on private property, they shall be placed
within seven (7) feet of the edge of the dedicated right-of-way
or within seven (7) feet of the edge of the roadway and/or inside
edge of a sidewalk on private roads and shall be maintained by
the private property owner such that the trees do not interfere
with the activities of the right-of-way.
(c)On-street parking spaces may be located between Street Trees, as
long as the required number of trees are planted along the street
frontage, and the minimum rootzone volume is provided for each tree.
(d)A minimum ten-foot separation shall be provided between Street
Trees and street stormwater inlets, except where bioretention inlets that
incorporate trees are utilized.
(e)Where the required Street Trees would overlap with trees that are
required to satisfy perimeter landscaping requirements for vehicular use
areas, only the requirements for the vehicular use area must be met.
(f)The reviewing board, or the City Manager or designee, may require
the adjustment of the prescribed build-to line in order to accommodate
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the required Street Trees and ensure that the trees will meet separation
requirements from utility lines, buildings, and paved areas.
(C)Shrubs and Hedges.
(1) Shrubs shall be provided at a ratio of three (3) per required Site Tree. All shrubs
shall be a minimum of eighteen (18) inches in height when measured
immediately after planting.
(2) When used as a visual screen, buffer, or hedge, shrubs shall be planted, as
required under Section 20-4.5(F) and Section 20-4.5(G), at a maximum spacing
of thirty (30) inches on-center, or if planted at a minimum height of thirty-six
(36) inches, shall have a maximum, average spacing of forty-eight (48) inches
on-center and shall be maintained so as to form a continuous, unbroken, and
solid visual screen within a maximum of one (1) year after time of planting.
(3) Shrubs and hedges shall not necessarily be of the same species.
(4) Thirty (30) percent of required shrubs and hedges shall be native species.
20-12.11 Dimensional standards.
Dimensional standards are as expressly provided herein, including those listed in Section
20-3.5(I), Dimensional Requirements Downtown SoMi District.
Section 20-12.12 – Mobility management and parking.
This section shall be the sole and exclusive series of regulations governing parking and
vehicular access management within the DS district.
(A)Vehicular Parking Dimensional Design Standards.
(1) Vehicular Parking Spaces: Shall conform to the minimum requirements
contained in the Minimum Parking Space Dimensions table and Typical
Parking Stall and Aisle Dimensions diagram below:
Minimum Parking Space Dimensions
Angle of
Parking
Minimum
Stall Width
Curb Length
Per Stall
Stall
Depth
Aisle
Width
Parallel 8.5 feet 20 feet 8.5 feet 12 feet
30° 8.5 feet 18 feet 19.5 feet 11 feet
45° 8.5 feet 13 feet 20 feet 13 feet
60° 8.5 feet 10.5 feet 21 feet 18 feet
90° 8.5 feet 8.5 feet 18 feet 2123 feet
1
1 Except where existing driveway was constructed at 21 feet, and any expansion of the parking
garage directly above such existing condition.
54
Typical Parking Stall and Aisle Dimensions
(2)Valet/Residential Tandem Space: Shall be a minimum eight and one-half (8.5)
feet in width by thirty-two (32) feet in depth.
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(3)Parking Space Lift: Shall be a minimum of eight and one-half (8.5) feet in width
by eighteen (18) feet in depth with a minimum vertical clearance of ten and one-
half (10.5) feet.
(4)Handicapped Spaces: Shall be provided as required by the Florida Building
Code (FBC) and in accordance with The Americans with Disabilities Act
(ADA).
(B)Vehicular Parking Space Requirements. Parking within the DS district shall reflect the
district's urban scale, mixture and allocation of new and existing uses, proximity to rail-
based rapid transit, pedestrian connectivity to the neighboring Hometown District, as
well as the on-street and publicly accessible off-street parking resources that exist
within the adjacent Hometown District.
(1)Required Vehicular Parking Spaces. The required number of off-street
vehicular parking spaces for a proposed development within the DS district
shall be calculated using either one (1) of the following methods:
(a) Standard Parking Analysis. The Unadjusted Parking Requirement shall
first be calculated for each use category pursuant to Section 20-
12.12(C). Next, the Transit Oriented Development Reduction shall be
calculated for Residential, Hotel, and Office uses as provided for in
Section 20-12.12(D). Under the Standard Parking Analysis, the number
of required off-street vehicular parking spaces for a development shall
be equal to the sum of the Unadjusted Parking Requirement less the
Transit Oriented Development Reduction.
(b)Shared Parking Study. As an alternative to the Standard Parking
Analysis identified in Paragraph (a) above, the number of required off-
street vehicular parking spaces for a development may be determined
by an approved Shared Parking Study completed by a licensed
professional engineer pursuant to Section 20-12.12(E).
(2)On-Street Spaces. On-street parking spaces adjacent to a lot or parcel shall
count toward the off-street parking requirements for that lot or parcel; a partial
space longer than eleven (11) feet shall count as a full space.
(C)Unadjusted Parking Requirements.
(1)Residential Uses. The Unadjusted Parking Requirement for Residential uses
within the DS district shall be as set forth below:
(a)Dwelling, Multifamily – Efficiency/Studio or One-Bedroom
Townhouse: One (1) space Two (2) spaces per unit.
(b)Dwelling, Multi-Family – Two Bedroom (Efficiency/Studio): One
and one-half (1.5) spaces per unit.
(c)Dwelling, Multi-Family – Three Bedroom or more (1+ Bedroom):
Two (2) spaces per unit.
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(2)Hotel Uses. The Unadjusted Parking Requirement for Hotel uses within the DS
district shall be equal to one (1) space per four (4) hotel rooms or fraction
thereof.
(3)Theater or Cinema Uses. The Unadjusted Parking Requirement for Theater or
Cinema uses within the DS district shall be one (1) space per every six (6)
theater or cinema seats.
(4)Retail, Restaurant, and Commercial Uses. The Unadjusted Parking
Requirement for Retail, Restaurant and Commercial uses within the DS district
shall be equal to one (1) space per every six hundred fifteen (615) square feet
of gross floor area dedicated to Retail, Restaurant and Commercial uses.
(a)For the calculation of parking requirements, Retail, Restaurant and
Commercial uses shall be defined as all approved permitted and special
uses contained in the Permitted Use Schedule in Section 20-3.3(D)
under the subheadings "Public and Institutional Uses", "Business and
Professional Services", "Retail and Wholesale Trade", and
"Transportation, Warehousing and Communications" except for the
following use types:
i.Hotel or Motel;
ii.Theater or Cinema; and
iii.All use types defined as Office Uses in Section 20-
12.12(C)(5)(a) below.
(5)Office Uses. The Unadjusted Parking Requirement for Offices uses within the
DS district shall be equal to one (1) space per every five hundred (500) two
hundred fifty (250) square feet of gross floor area dedicated to Office uses.
(a)For the calculation of parking requirements Office uses shall be
defined as the following permitted and special uses contained on the
Permitted Use Schedule in Section 20-3.3(D); Accounting and Auditing
Services; Acupuncturist; Advertising Agency; Architectural Services;
Building Contractors Office; Chiropractic Office or Clinic; Counseling
Services; Dentist Office; Employment Agency; Engineering Services;
Insurance Agency; Interior Decorator, Office Only; Investigative
Services: Investment and Tax Counseling; Law Office; Learning
Centers or Educational Facilities; Loan or Finance Agency; Market
Research Services; Massage Therapist; Medical Office; Notary Public;
Office, Business, or Professional; Opticians or Optical Goods, Office
only; Personal Skills Instruction Studio; Physical Therapist; Planning
and Zoning Consultant; Public Relations Services; Real Estate Agency;
Tutorial Services; and Travel Agency.
(D)Transit Oriented Development Reduction. The intent and purpose of this section is to
recognize the DS districts proximity to rail based rapid transit.
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(1) The Unadjusted Parking Requirement of Residential, Hotel, and Office uses,
within the DS district may be reduced by twenty (20) percent for properties
located within one thousand five hundred (1,500) feet of rail-based rapid transit.
Distances shall be measured along the pedestrian pathway between the nearest
pedestrian access point for the subject property and the transit station.
(E)Shared Parking Study. The intent and purpose of this section is to recognize the
complementary synergy that exists between and among different uses within a mixed-
use development. Specifically, a peak time for parking one (1) use may occur at a
different peak time from other uses. A mix of uses also provides the opportunity for
persons to live proximate to their work, further reducing the demand for parking.
(1) The number of required vehicular parking spaces for a development may be
determined by an approved Shared Parking Study completed by a licensed
professional engineer in accordance with the requirements of this section. A
Shared Parking Study may be provided by an applicant during the Initial Site
Plan application process detailed in Section 20-12.13 or as part of an application
for a Major Change or Minor Change as detailed in Section 20-12.14.
(2) The Shared Parking Study must be prepared using a professionally appropriate
methodology, such as the Urban Land Institute (ULI) Shared Parking
Methodology, detailing land uses in accordance with Institute of Transportation
Engineers (ITE) parking generation categories. The Shared Parking Study must
evaluate factors such as the type and quantity of each land use, modal split,
ridesharing programs, transit availability, and transportation demand
management.
(3) The Shared Parking Study may utilize various adjustments for the reduction of
parking spaces, including, but not limited to:
(a)Monthly Activity Patterns.
(b)Time-of-Day Patterns.
(c)Modal Split.
(d)Noncaptive Market.
(e)Other Proximate Parking Resources.
(4) The Shared Parking Study shall be reviewed and approved by the City Manager.
(F)Bicycle Parking Program. The intent and purpose of this section is to encourage the
use of bicycles as an alternative mode of transportation in and around the DS district.
A minimum of one (1) bicycle parking space for every thirty-five (35) ten (10) required
on-site vehicular parking spaces shall be provided.
(D)Loading and Service. Minimum loading standards shall be required as shown in Section
20-4.4(M), except as modified below.
(1) Residential Uses. Less than five hundred (500) units, minimum loading or
unloading spaces shall be provided as indicated below:
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Berth Dimensions Berth Size Loading Berths
12 feet wide by 35 feet long 420 sf One per first 200 units
10 feet wide by 20 feet long 200 sf One per each additional 200
units or fraction of 100 units
(2) Commercial Uses. From forty thousand (40,000) square feet to seven hundred
thousand (700,000) square feet of gross floor area, minimum loading or
unloading spaces shall be provided as indicated below:
Berth Dimensions Berth Size Loading Berths
12 feet wide by 35 feet long 420 sf One per first 40,000 sf to
150,000 sf gross floor area
12 feet wide by 35 feet long 420 sf One per second 150,000 sf to
250,000 sf gross floor area
10 feet wide by 20 feet long 200 sf One per third 250,000 sf to
500,000 sf gross floor area
10 feet wide by 20 feet long 200 sf One per each additional
200,000 sf or fraction of
200,000 sf gross floor area
(3) The off-street loading space(s) can be shared in one (1) location with a reduction
ratio of twenty (20) percent as long as a dock master is assigned to coordinate
loading schedules.
(4) In lieu of the above loading requirements, the number and size of required loading
bays may be determined by an approved Shared Loading Study completed by a
licensed professional engineer. The Shared Loading Study shall consider the
project, its proposed mix of uses, their respective gross floor area, customary
loading requirements and times for each use, shared loading facilities,
enhancements to improve their accessibility and maneuvering requirements,
technology to expedite loading/unloading, staging areas, dock masters, and any
other factors The Shared Loading Study shall be provided to the City as part of an
Initial Site Plan application. The Shared Loading Study must be prepared using a
professionally appropriate methodology, acceptable to the City Manager.
Section 20-12.13 – Initial site plan review and approval process.
For purposes of this section, the term "Initial Site Plan" shall refer to the first site plan
proposed for a unified property regulated by these DS district regulations. Review and approval of
the Initial Site Plan shall follow the procedures and requirements identified below:
(A)Initial Site Plan Review Procedures.
(1) Planning and Zoning Department Review. Upon receipt of a complete Initial
Site Plan application, the Planning and Zoning Department shall review the
application and submit its findings and recommendations to the Planning Board
59
and City Commission together with its recommendations on the rezoning
request, if any.
(2)Planning Board. Where an Initial Site Plan is considered for lands zoned DS,
the Planning Board shall review and provide comments for the City
Commission's consideration regarding the relationship of the Initial Site Plan to
the existing comprehensive plan and existing land development regulations.
(a)Where an Initial Site Plan travels through the City's approval process
together with proposed amendments to the City's Comprehensive Plan
and/or land development regulations, the Planning Board shall review
and provide comments for the City Commission's consideration
regarding the Initial Site Plan and its proposed relationship to the
proposed comprehensive plan amendment and proposed amendment to
the City's land development regulations.
(b)Where an Initial Site Plan is considered for lands zoned DS, the
Planning Board shall review and provide comments for the City
Commission's consideration regarding the relationship of the Initial Site
Plan to the existing comprehensive plan and existing land development
regulations.
(3)City Commission. The City Commission shall have direct authority to review
and approve the Initial Site Plan concurrently with its review and approval of a
rezoning to the DS District, if applicable. The City Commission may affix
conditions to the initial site plan approval. City Commission approval shall be
subject to the applicant entering into a Development Agreement approved by
the by the City Commission consistent with the requirements of Section
163.3227. The Development Agreement shall be executed and recorded prior
to issuance of administrative site plan approvals for individual buildings of the
project depicted in the Initial Site Plan. The Development Agreement shall be
supported by such subsidiary covenants and agreements as the Commission
deems necessary such as, without limitation, a Covenant in Lieu of Unity of
Title, Easement and Operating Agreement, Maintenance Covenants, Allocation
of Density and Intensity, Phasing Plan, etc.
(4)Amendments. Amendments to the Initial Site Plan shall follow the Major
Change and Minor Change processes and procedures identified in Section 20-
12.14, South Miami Land Development Code.
(5)Administrative site plan approvals. Each building or phase of development
shall require an administrative site plan review to ensure compliance of the
building or phase with the requirements of this Land Development Code, this
Article in particular, the Initial Site Plan, and the Development Agreement.
(B)Initial Site Plan Application Requirements. The Initial Site Plan submissions shall
contain, but not be limited to, the following:
(1) Existing Site Characteristics.
(a)Property survey by registered surveyor;
(b)Rights-of-way and easements;
(c)Structures and uses;
(d)Ownership Report. A report identifying all property ownership and
beneficial interest within the boundaries of the proposed project, giving
60
evidence of unified control of the entire area. The report shall state
agreement of all owners or holders of beneficial interest to proceed with
the proposed development according to the terms of the proposed Site
Plan; and
(e)Utility survey.
(2) Photographs of surrounding properties.
(3) Zoning districts.
(4) Existing Tree Survey.
(5) Proposed Site Plan. It is recognized that the intent of the DS district regulations
is to encourage creativity and flexibility in site design. It is further recognized
that due to the scale and urban nature of development within the DS district,
site planning can be a fluid exercise impacted by a host of dynamic market
factors. In recognition of the foregoing, the proposed Site Plan submissions
shall address the following:
(a)Name, address and phone of owner and designer;
(b)Property lines;
(c)Rights-of-way and easements;
(d)Structures and uses and locations;
(e)Parking spaces, access-ways, driveways, sidewalks, wheel stops and
curbs;
(f)Curb cuts and median openings;
(g)Lighting and irrigation systems;
(h)Fences and walls;
(i)Loading docks and service space;
(j)Storm sewers;
(k)Dumpster/waste disposal locations;
(l)Radius map; and
(m) Dimensions.
(6) Proposed Landscape Plan. The following landscaping information shall be
submitted:(a)Proposed trees, shrubs, grass and other vegetation including their
location, height, shape, size, and type by both common and botanical
classifications.(b)Proposed berms, water courses and topographic features,
including their location, height, size and shape.(c)Proposed landscape
maintenance plan.(d)Tree disposition plan.(e)Tree mitigation plan.
(7) Proposed Buildings and Structures. All proposed structures, fences and walls
shall be shown in elevation drawings reflecting their location, size, height and
construction material and generalized floor plans.
(8) Tabular Summary. A tabular summary/legend, providing the existing and
proposed project development program, F.A.R., residential density,
commercial and hotel intensity and other information as required by the
Planning and Zoning Department, shall be submitted.
(9) Conceptual Signage Palette. Prior to the first building permit, the applicant for
site plan approval shall provide a Master Signage Plan in accordance with
Section 20-12.15, South Miami Land Development Code.
61
(10) Traffic Access and Impact Study. A study evaluating the impact of traffic from
the proposed project in accordance with Section 20-4.1(D), South Miami Land
Development Code.
(11)Pedestrian and Vehicular Circulation.
(12)Construction Phasing Plan.
(13)Proposed Exterior Finishes and Materials.
(14)Renderings.
(15)Optional. Context studies.
(16)Optional. Economic Impact Statement.
(C)Site Plan Expiration. Final approval of an Initial Site Plan by the City Commission
shall lapse one (1) year expire two (2) years after the approval is rendered if no
Administrative Site Plan is approved prior to the expiration date. The expiration date
shall be extended by two (2) years from the date of an approved Administrative Site
Plan. An Administrative Sire Plan shall expire one (1) year after approval unless an
application for a building permit or demolition permit has been filed with the City. A
legal,administrative, or judicial challenge to the Site Plan shall toll all time frames until
the resolution of the challenge, including appeals. Notwithstanding the foregoing the
City Manager or City Commission may extend the Initial Site Plan or any individual
Administrative Site Plan approval for one (1) additional year or for some other amount
of time as appropriate under the circumstances.
Section 20-12.14 – Final plans/administrative amendments.
Any project to be developed within the DS district shall be generally developed in
substantial conformity with an approved Administrative Site Plan that is itself substantially in
conformity with the Initial Site Plan. Amendments may be made to the Initial Site Plan through
either a Major Change or a Minor Change. A Minor Change that does not (i) shift the location of
a building by the lesser of ten percent (more than 10%) or 10 feet in any horizontal direction, (ii)
increase the height of a building in stories, (iii) reduce an approved open space feature by more
than five percent (5%) of its approved area, or (iv) change the manner of operation of an approved
building or feature, shall be approved by the City Manager provided the proposed modification is
otherwise consistent with this article, the Land Development Code, and the Development
Agreement. Any proposed amendment that does not meet the preceding criteria shall be deemed
a Major Change. It is understood that plans may need to be modified subsequent to approval of the
Initial Site Plan. A change that is not substantially in conformity with the approved Site Plan shall
constitute a Major Change and one that is substantially in conformity shall be deemed a Minor
Change. For purposes of this section, Major and Minor Changes are defined as follows:
(A)Major Changes. A change or series of changes, which, either individually or cumulatively
with other changes: (i) increases the overall Floor Area Ratio (F.A.R.) or residential density
(individually or combined) by three (3) percent or more; or (ii) reduces the overall open
space by three (3) percent or more of what was authorized by the original site plan approved
by the City Commission. For purposes of calculating the combined increases, a one and
six-tenths (1.6) percent increase in F.A.R. combined with a one and six-tenths (1.6) percent
62
increase in residential density shall constitute a combined change of three and two-tenths
(3.2) percent, thus constituting a Major Change.
(1) An applicant for a Major Change shall schedule a preliminary conference with the
Planning and Zoning Department. The Planning and Zoning Department shall
accept the application and formulate its recommendation for consideration by the
Planning Board [3] and the City Commission as applicable. The Planning and
Zoning Department shall forward its recommendation to the Planning Board within
sixty (60) days of its receipt of a complete application.
(2) An application for Major Change approval shall be heard by the Planning Board at
a public hearing. The Planning and Zoning Department shall post, publish, and
otherwise notice the public hearing. The Planning Board shall formulate its
recommendation on the Major Change to the City Commission.
(3) An application for Major Change approval shall be heard by the City Commission
at a public hearing. The Planning and Zoning Department shall post, publish, and
otherwise notice the public hearing. The City Commission shall have final review
and approval authority on applications for a Major Change.
(B)Minor Changes. A Minor Change shall be approved administratively provided such change
is generally consistent with the design elements and material and color palettes contained
within the controlling approved Site Plan. The applicant shall have the right to shift,
reallocate, relocate, add, reduce and combine approved square footages, uses, buildings
and structures within the Site Plan, and to make changes or a series of changes to the Site
Plan during the course of development, provided that the proposed change, which, either
individually or cumulatively with other minor changes does not: (i) increase the overall
permitted F.A.R. or residential density (individually or combined) by three (3) percent or
more of what was authorized by the original Site Plan approved by the City Commission;
(ii) decrease the overall open space by three (3) percent or more of what was authorized by
the original site plan approved by the City Commission; (iii) increase the permitted height
above what is allowed by this Article; or (iv) permit a new use not permitted as of right
within the DS district. Adjustments to parking that arise from Minor Changes shall be
deemed to be a Minor Change provided the applicant justifies the adjustment with a parking
study submitted in accordance with the DS district regulations. Adjustments to color or
material selection shall be deemed to be a Minor Change if the change is generally
consistent with the approved material and color palettes. Changes to minor exterior
architectural elements, features and materials shall also be deemed to be a Minor Change,
including, but not limited to, changes in: Dimensions of windows, doors, and balconies;
material selection (type, texture, pattern, color); and store frontage.
(1) An applicant for a Minor Change to an approved Site Plan shall schedule a
preliminary conference with the Planning and Zoning Department to explain the
proposed change and to present the proposed modified Site Plan.
63
(2) Upon the Planning and Zoning Department's acceptance of a complete application
for a proposed Minor Change to the approved Site Plan, it shall review the proposed
changes for compliance with this section. Upon confirmation of compliance, the
Planning and Zoning Director (or his/her designee) shall recommend approval of
the modified Site Plan to the City Manager.
(3) Upon receipt of a recommendation of approval from the Planning and Zoning
Department, the City Manager shall administratively approve the modified Site
Plan. The City Manager shall then place a copy of the modified Site Plan and
decision in the DS district file. Notice of the approval of the modified Site Plan by
the City Manager shall be transmitted to the City Commission and posted on the
City’s website.
(4) A fifteen-day waiting period shall apply for all approvals of Minor Changes.
Section 20-12.15 – Master signage plan.
The intent of this section is to allow for the creation of a specialized and comprehensive
signage plan for the DS district that reflects the districts unique character, size, urban scale, mixture
of uses, and pedestrian connectivity. It is recognized that signs form an integral part of architectural
building and site design and require equal attention in their design, placement and construction.
The Master Signage Plan approved in accordance with this section shall integrate with the overall
site design, contribute to the unique character of the DS district, and maintain a harmonious and
aesthetically pleasing visual environment that integrates with the character of the surrounding
community. This section shall be the sole and exclusive series of regulations governing signage
within the DS district. The DS district is not required to meet any other provision of Section 20-
4.3, Sign Regulation, or any other signage provisions contained in the South Miami Land
Development Code. Once approved, the Master Signage Plan shall govern the placement and
operation of signage within the DS district.
(A)Master Signage Plan Requirements. The Master Signage Plan shall include both a graphic
plan and text to describe the intended design, erection and maintenance of signs within the
DS district that face the public right-of-way. In recognition of the foregoing, the Master
Signage Plan submission shall provide signage guidelines that address:
(1) Size and dimensional standards;
(2) Number, combination, location and orientation standards;
(3) Lighting and illumination standards;
(4) Material quality standards;
(5) Optional. Standards for signs within private property, including those facing
internal driveways and plazas.
(B)Permitted Signage. All signage meeting the guidelines of an approved Master Signage Plan
shall be permitted within the DS district. By way of illustration, but not limitation, the
following types of signage are permissible within the DS district: Wall signs (flat mounted,
mounted letter, projecting blade signs, banners, flags), canopy signs (flat roof, awning),
window and door signs, entryway embeds, menu boards (sidewalk signs), tenant address
signs, anchor signs, monument signs, major identification signs, temporary signs, and
permanent wayfinding, including retail center and parking signage.
64
(C)Master Signage Plan Review Procedures.
(1) The applicant for approval of a Master Signage Plan or amendment to an approved
Master Signage Plan, shall schedule a preliminary conference with the Planning
and Zoning Department to review the Master Signage Plan. The Planning and
Zoning Department shall accept the Master Signage Plan and formulate its
recommendation for consideration by the Planning Board and the City Commission
as applicable. The Planning and Zoning Department shall forward its
recommendation to the Planning Board within sixty (60) days of its receipt of a
complete Master Signage Plan.
(2) Master Signage Plan approval shall be heard by the Planning Board at a public
hearing. The Planning and Zoning Department shall post, publish, and otherwise
notice the public hearing. The Planning Board shall formulate its recommendation
on the Master Signage Plan to the City Commission.
(3) Master Signage Plan approval shall be heard by the City Commission at a public
hearing. The Planning and Zoning Department shall post, publish, and otherwise
notice the public hearing. The City Commission shall have final review and
approval authority on the Master Signage Plan.
(D)Sign Permit Application and Review Requirements.
(1)Sign Permit Application Requirements. Permit applications for all signage fronting
a public right-of-way shall contain the following:
(a)Survey or an accurate site plan of the lot depicting the location of all
public and private streets, existing signage locations, buildings, parking
lots, driveways, and landscaped areas;
(b)An accurate indication on the site plan of the proposed location of
each proposed sign;
(c)Properly dimensioned and scaled drawings and descriptions
showing sign proportions, location of each sign on the building, color
scheme, lettering or graphic style, material, lighting, and other information
which depicts the proposed sign;
(d)If needed, a completed building permit application and electrical
permit application; and
(e)Building permit and electrical drawings as required by the Florida
Building Code.
(2)Permit Application Review Requirements.
(a)Conforming Signage. Signs in substantial conformance with the
guidelines of a Master Signage Plan approved by the City Commission shall
be administratively approved by the Planning Director within thirty (30)
days following the submission of a complete sign permit application.
(b)Non-Conforming Signage. Signs not in substantial conformance
with the guidelines of a Master Signage Plan approved by the City
Commission shall be reviewed and approved as follows:
i.The applicant shall schedule a preliminary conference with the
Planning and Zoning Department to review the sign permit
application. The Planning and Zoning Department shall accept the
sign permit application and formulate its recommendation for
consideration by the Planning Board and the City Commission as
65
applicable. The Planning and Zoning Department shall forward its
recommendation to the Planning Board within thirty (30) days of its
receipt of a complete sign permit application.
ii.The sign permit application for a non-conforming sign shall be heard
by the Planning Board at a public hearing. The Planning and Zoning
Department shall post, publish, and otherwise notice the public
hearing. The Planning Board shall formulate its recommendation on
the sign permit application to the City Commission.
iii.Approval of the non-conforming sign permit application shall be
heard by the City Commission at a public hearing. The Planning and
Zoning Department shall post, publish, and otherwise notice the
public hearing. The City Commission shall have final review and
approval authority on the sign permit application for a non-
conforming sign.
(E)Exceptions from the Sign Permit Application and Review Requirements. The following
signage may be erected without a permit or review by the City but shall comply with all
structural and safety requirements of the Florida Building Code; however, all electrical
installations and modifications may only be initiated upon issuance of a valid electrical
permit.
(1) Signage erected on private property, including those facing internal driveways and
plazas, which do not face and are not substantially viewable from a public right-of-
way or publicly accessible open space (including rights-of-way and plazas); and
(2) Signage exempt pursuant to Section 20-4.3(C), South Miami Land Development
Code.
(F)Prohibited Signs and Sign Characteristics. No sign shall be constructed, erected, used,
operated or maintained which:
(1) Blinks, flashes, or displays intermittent lights similar to or resembling flashing
lights customarily associated with danger or customarily used by police, fire or
other emergency vehicles.
(2) Rotates, except for traditional rotating barber poles.
(3) Uses the words "stop" or "danger" or implies the need or requirement for stopping;
or which is a copy or imitation of an official sign. Prohibition of the words "stop"
or "danger" does not apply in instances when such words are used in descriptive
lines of advertising, so long as they are not used to copy or imply any official traffic
warning.
(4) Creates a blended background of colored lights with traffic signal lights which
might confuse motorists when viewed from a distance of up to three hundred (300)
feet.
(5) Projects over any public street, sidewalk or alley in a single-family residential
zoning district.
(6) Is a snipe sign on either public or private property.
(7) Is a balloon or blimp.
(8) Is located on the roof, except for signs located on mansard or shed roofs where such
signs are permitted.
(9) Advertises products, services or establishments not available on premises.
(10) Is located on a back lit and translucent awning.
66
(11) Is a hanging sign not providing adequate clearance above public walkways as
required by the Land Development Code and the Florida Building Code.
(12) Blocks egress, ingress, light or ventilation to a site.
(13) Conveys the impression that property or structures can be used for purposes not
permitted by this Code or other regulations.
(14) Is portable or movable, including those signs that are tied down with metal straps,
chaining or otherwise temporarily anchored to an existing structure or other similar
method of anchoring, excluding permitted portable outdoor dining signs.
(15) Is a sign painted or affixed in any manner to any vehicle, trailer or truck or similar
transportable device and which is used to advertise a place of business or activity
as viewed from a public right-of-way, except for:
(a)Commercial vehicle signs when such vehicles are operational and
used daily for delivery or service purposes such as food service, and not
used or intended for use as portable signs;
(b)Buses, taxis or similar common carrier vehicles which are licensed
or certified by Miami-Dade County or other governmental agencies; and
(c)Vehicles converted to permanent kiosks for retail or food and/or
beverage sales.
67
68
MIAMI-DADE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review f/k/a Mlaml Review, of Miami-Dade County,
Florida; that the attached copy of advertisement, being a
Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI -SPECIAL CITY COMMISSION
MEETING -PUBLIC HEARING -OCT. 16, 2023
in the XXXX Court,
was published in a newspaper by print in the issues of Miami
Daily Business Review f/k/a Miami Review on
10/06/2023
Affiant further says that the newspaper complies with all
legal requirements for publication in chapter 50, Florida
Statutes.
and subscribed before me this
6 day o OCTOBER, A.O. 2023
(SEAL)
GUILLERMO GARCIA personally known to me
SEE ATrAOIED
69
CITY OF SOUTH MIAMI, FLORIDA
SPECIAL CITY COMMISSION MEETING
NOTICE OF PUBLIC HEARING
The City of South Miami Commjssion proposes to adopt the following ordinances at a public
hearing to be held on Monday, October 16, 2023, at 7;00 p.m. at South Miami City Hall
Commissjon Chambers, 6130 Sunset Drive. South Miami. Florida 33143:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ,
AMENDING ARTICLE Ill, "ZONING REGULATIONS" OF THE LAND DEVELOPMENT
CODE, INCLUDING SECTIONS 20-3 .1, "ZONING USE DISTRICTS AND PURPOSES,"
20-3.3 "PERMITTED USE SCHEDULE ," 20-3.5, "DIMENSIONAL REQUIREMENTS," AND
20-3.6, "SUPPLEMENTAL REGULATIONS", ALL TO MODIFY LAND DEVELOPMENT
REGULATIONS APPLICABLE TO THE "R" RELIGIOUS DISTRICT; PROVIDING FOR
CORRECTIONS; SEVERABILITY; CONFLICTS; AND Ahl EFFECTIVE DATE.
' AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA
AMENDING l;'OLICY 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 (OS)" FUTURE LAND USE CATEGORY; PROVIDING FOR
CORRECTIONS; SEVERABILITY; CONFLICTS; AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA,
AMENDING ARTICLE 111 "Z NING 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 "OS" DOWNTOWN SOMI DISTRICT;
PROVIDING FOR CORRECTIONS; CODIFICATION ; SEVERABILITY; CONFLICTS; AND AN
EFFECTIVE DATE.
Commission members will participate in Chambers or by video conferencing through the Zoom piatfonn
and members of the public may join the meeting via Zoom at (https://zoom.us/I/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 platfonn, and where
they can participate.
All interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk 's Office at: 305-663-6340.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to
appeal any decision made by the Commission with respect to this matter, such person must ensure that
a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
wh ich the appeal is to be based. This notice does not constitute consent by the City for the introduction
or admission of otherwise inadmissible or irrelevant evidence , nor does it authorize challenges or
appeals not otherwise allowed by law.
ADA : To request a modification to a policy, practice or procedure or to request an auxiliary aide or
service in order to participate in a City program, activity or event, you must on or before 4:00 p .m.
3 business days before the meeting (not counting the day of the meeting) deliver your request to
the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miam i, Florida or
email at npayne@southmiamifl.gov.
Nkenga A. Payne , CMG , FCRM
City Clerk
10/6 23-80/0000687531 M
4A .............................................................................................MIAMI HERALD FRIDAY OCTOBER 6 2023
The striking level of
access and political influ-
ence enjoyed by Florida’s
wealthiest man was re-
vealed in a cache of emails
obtained by the Herald
through a public-records
request seeking interac-
tions referencing Griffin
or his investment firm
Citadel.The emails reveal
months of chummy com-
munications and coor-
dinated media messaging
between the mayor’s of-
fice and the firm,which
was moving its head-
quarters to Miami.
Griffin’s staffers pitched
scholarship and grant
programs.They grabbed
coffee with city staffers
and told Suarez’s aides to
“reach out 24/7 if you
ever need anything.”
Griffin’s courting of the
mayor —including a $1
million contribution to a
Suarez-affiliated political
committee in March —has
occurred as Suarez faces
criticism for blurring the
lines between his public
office and his private busi-
ness relationships.Federal
authorities are
investigating the mayor’s
$10,000-a-month side job
working for a developer
who,as reported by the
Herald,was seeking per-
mitting help from the
mayor’s office.
Separately,the Florida
Ethics Commission
launched an investigation
last month into whether
Suarez broke state laws
when he accepted a VIP
invitation from Griffin to
the Formula 1 Miami
Grand Prix.Both Suarez
and Griffin have told the
Herald the mayor later
paid $14,000 to cover the
cost of the passes but
neither provided receipts.
State law prohibits
elected officials from
accepting gifts valued over
$100 from anyone lobby-
ing the city but allows a
90-day grace period for
repayment..
Griffin has maintained
he has never expected
special treatment as he
seeks approvals for va-
rious projects,including
the plan to relocate the
historic villa.
Anthony Alfieri,found-
ing director of the Center
for Ethics and Public Serv-
ice at the University of
Miami School of Law,said
taking cues from a busi-
nessman actively lobbying
the city suggests Suarez
“lacks the independence
and reasoned judgment”
to serve in public office.
“The damaging dis-
closure that Mayor Suarez
and his office acted as a
direct,unmediated
mouthpiece for an archi-
tectural proposal that our
leading preservationists
derided as ‘ludicrous’and
‘appalling’once again
creates an appearance of
impropriety by suggesting
that the mayor is sub-
servient to the interests of
the rich and powerful,”
Alfieri said.
The mayor’s office did
not respond to the Her-
ald’s request for com-
ments on the newly re-
leased emails.
In a statement,Citadel
spokesman Zia Ahmed,
who authored the mayor’s
quote,said Griffin “is
proud to work with local
leaders to support our
great city,and the draft
quote we sent the Mayor’s
office exemplifies his
commitment to safely
relocating Villa Serena to
a location where the pub-
lic can visit this beautiful
house.”
“He has a long history
of providing access to
some of our nation’s most
important cultural treasur-
es,including displaying
his copy of the U.S.Con-
stitution and many signif-
icant works of art in mu-
seums across the coun-
try,”Ahmed said of Grif-
fin.
Villa Serena,on Bis-
cayne Bay,was the winter
home of William Jennings
Bryan,a lawyer,orator
and prohibitionist polit-
ician who was three times
the Democratic nominee
for president,losing each
time.
Griffin bought the
property in September
202 2 from banker and
philanthropist Adrienne
Arsht,who had built a
much larger mansion on
the estate while restoring
Jennings Bryan’s original
structure for use as a guest
house.In the months that
followed the sale,an ar-
chitect working for Griffin
reached out to the Omni
Community Redevel-
opment Agency,a quasi-
autonomous fund headed
by members of the City
Commission.Griffin
hoped the agency would
help move the mansion off
his estate and put it to
public use.
The plan would need
approval both from Mia-
mi’s Historic Preservation
Board and the City Com-
mission.As mayor,Suarez
has no vote on the com-
mission but often lobbies
voting members and can
veto measures.
The Herald reached out
to the mayor’s office for
comments about Griffin’s
relocation plan on Dec.15
following an outcry from
preservationists concerned
that the proposed move
could damage the meticu-
lously restored but fragile
Villa Serena —which is a
legally protected historic
structure.
Just 40 minutes later,
Ahmed,Griffin’s spokes-
person,had the response
prepared.
“Here’s a draft quote in
case it’s helpful,”Ahmed
wrote in an email to Sole-
dad Cedro,the mayor’s
then-communications
director.Cedro passed
along his 51-word state-
ment to the Herald with-
out changes,attributing it
to Suarez.
Cedro,who resigned
from her city position in
September,this week
acknowledged receiving a
reporter’s text about her
coordination with Ahmed
but otherwise did not
comment.
Ahmed did not answer
the Herald’s questions
about why he had written
the mayor’s response.
Cedro and Ahmed first
met the month before,
emails show,during a
Miami Dade College event
in which Suarez inter-
viewed Griffin in front of
an audience.The aides
seemed to hit it off.
“Let me know if I can
ever be of any help or if
we can partner on any-
thing,”Ahmed wrote to
Cedro the next day.
“Would love to partner
with you!I’m sure we can
do great things joining
forces!”Cedro responded,
suggesting they should get
coffee the next time
Ahmed was in Miami.
Ahmed was thankful
when Cedro authored a
series of articles that were
in the Spanish-language
publication InfoBae and
celebrated Griffin’s move
to Miami.Cedro told the
Daily Beast,which first
reported on the articles,
that the mayor had not
been involved in her deci-
sion to write them.The
articles did not identify
her as the mayor’s spokes-
woman.
Griffin’s proposal to
relocate the historic villa
from his property first
became public when it
was an item listed for
“discussion”at a Dec.6
meeting of the Historic
Preservation Board.The
discussion never took
place because the Omni
CRA,the item’s sponsor,
asked for postponement.A
future discussion was
never scheduled.
Kenia Fallat,spokeswo-
man for Miami City Man-
ager Art Noriega’s admin-
istration,said there have
been no permit applica-
tions filed at the city for
the Villa Serena property.
Fallat said “nothing has
happened since”the dis-
cussion item was removed
from the preservation
board’s agenda.
Miami Herald Staff
Writers Joey Flechas and
Andres Viglucci contributed
to this report.
Sarah Blaskey:
305-376-2811,@blaskey_S
Tess Riski:@tessriski
FROM PAGE 1A
SUAREZ
1 Oak Studios Corp.
Billionaire Ken Griffin bought Adrienne Arsht’s former estate,which consists of the historic Villa Serena,left,and
Arsht’s Indian Spring mansion,right.
70
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.’
71