Ord No 27-23-2478ORDINANCE NO. 27-23-2478
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING ARTICLE m, "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.S, "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 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
perfonnance-oriented zoning regulations and incentives, to implement municipal goals and
objectives; and
WHEREAS, pursuant to Ordinance No. 21-12-2137, the City of South Miami (the "City")
created the Religious (R) zoning district to regulate religious uses and facilities on properties of
sufficient size to accommodate religious campuses in primaiily single-family or low density
residential areas; and
WHEREAS, the City finds that the current regulations for the Religious (R) zoning
district offer insufficient development guidance and regulation; and
WHEREAS, the City desires to amend Article III, Sections 20-3. L 20-3.5, and 20-3.6 of
the LDC to better ensm·e future development of religious facilities, and any accessory uses, is
compatible with neighboring properties in tenns of their design and operation, and consistent with
the City's planning objectives; and
WHEREAS, the Planning Board, sitting as the City's local planning agency in accordance
with Chapter 163, Florida Statutes, reviewed the proposed amendment set forth in this ordinance
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
Ord . No . 27-23-2478
WHEREAS, th e Commission conducte d a second duly noticed public hearing on the
proposed ame ndme nts to the LD C as required by law on November 14, 2 023 , and furth er finds th e
propos ed ch anges to the LDC are necessa ry , co mpa tibl e, and in th e bes t interes t o f the C ity and
communi ty.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 1
Section 1. Recitals. The above-s tate d recitals are t ru e a nd correct and a re incorporated
he re in by this reference.
Section 2. Land Development Code Amended. A1ticl e III, Zoning R egul ations,"
including sp ecifically Sec tio ns 20-3.1, "Zoning use di s tri c ts and pmvoses," 20-3.5 , "Dimensional
re quireme nt s," a nd 2 0-3 .6, "Supplemental reg ul a ti o ns" o f the L DC is h e reby ame nd ed to read as
fo llows:
Article III. Zoning Re gulations
Section 20-3 .l -Zoning use districts and purposes.
(32) "R " R elig ious Distric t: T he purpose of thi s di stri ct is to provi de fo r relig ious facili ties
and u ses a nd could a lso p ermit other an cill ary uses implemen te d by th e category, w hich
by desig n a nd cons tru c tion are in tend ed fo r o rganized worship and commo nl y r e la ted
services, such as educati onal, recrea ti o nal, and soc ia l services, inc luding day care and
offi ce. S uc h a ncilla ry uses shall be subo rdin a te to the princ ip a l u se. Building heig hts
shall not e:Xcee d th e average o f th e ma:X imum p ermitte d in th e s 1,u-rou nding zoning
di stri c ts, but in no case shall a buildi ng ex ceed t'.1,ro (2) storie s. Zoning regul a tions cooM
may p e rmit re li g ious u ses on s ites not so desig nated by the C ompre he ns ive Pl a n.
SECTION 20-3.3(D)
PERMITTED USE SCHEDULE
1 Coding: ~rough words arc deletio ns to th e ex isting words. Underlined wo rd s are add itio ns to the e x isti ng
words. Ch anges fo ll owing th e P lannini B f:'a rd hearing are indic ated w ith hi g hlighte d text. C hanges be tween fi rst
and seco nd read ing are indicated w ith pigbli g bte4 oot1Me-slfflrettlffl\tg!l and dou ble underl ine .
2
Ord. No. 27-23-2478
p = PERMITTED BY RIGHT
s = PERMlmD AS SPECIAL USE
COND = SPECIAL USE CONDITIONS (see Section 20-3.4)
PARK = PARKING REQUIREMENT (See Section 20-4.4(8) and as modified by
Article VIII to TODD parking)
X = No conditions were adonted
USE TYPE I ZONING DISTRICT
R R R R R R R L R R L M N s G M T T T T T T H p R p D C p
s s s s s T T R M 0 0 0 R R R u 0 0 0 0 0 0 I R s 0 A
1 2 3 4 5 6 9 M 2 A D D D D D D N R
1 4 H D D D D D D D K
8 M M M M p p
u u u U I R
4 5 6 M
PLANNED UNIT s s s s s s s s s s s s s s s s s s 8
DEVELOPMENT
RESIDENTIAL USES
Adult Family Care s s s s s s s s s s s I I
3
Assisted Living Facility s s s s 1 18
(ALF) 3
Boardinghouse p p p p p p p p 17
Dwelling, Single-p p p p p p p p p s 1 1
Familv 7
Dwelling, Tourist p p p p p p 3
Dwelling, Townhouse p p p p s p p p p p p 1 2
7
Ord. No. 27-23-2478
Dwelling, Two-Family p p p p s p I I
7
Dwelling, Multi-Family p p s p p p p p p p 1 3
7
Community Residential p p p p p p I I
Home, 7 or more 3
Group Home I Licensed s s s s s s s s s s s s s s I l
(6 or less) 5
Group Home II s s s s s s s s s s s s s s 1 1
Unlicensed (6 or less) 5
Home-Based p p p p p p p p p p p p p p p p p
Businesses accessory to
a dwellinJ? unir
Live-Work s s s s
PUBLIC AND INSTITUTIONAL USES
Adult Day Care Facility s s 11
Child Care Facility (7 or s s s s s s s s p p s s p s p p 2 10
more children) s 3
Community Facilities p
Community Garden s s s s s s 2
5
Continuing Care 1 18
Retirement Community 3
CCCRC)
Early childhood child p p p p p s p p p 11
care. Pre-le, Pre-School s
Fraternal Organization s s s s s p p p p p s s p 2 7
or Private Club
Governmental p p p p p p p p p p p p 10
Administration
4
Ord. No. 27-23-2478
Hospital s I 5
4
Mobile Pet Grooming p p p p p p p p p --Service
Museum, Library or Art p p p p p p p p p p p p 12
Gallerv
Nursing Home/Skilled p p p p p I 18
Nursinl! Facility 3
Greenway, Park, Plaza, p p p p p p p p p p p p p p p p p p p p p p p
or Plav2round. Public
Social Services Agency s s s s s s s s s s s s 10
EDUCATIONAL USES
School, Elementary or s s s s s s s £ 2 12
Secondmv 3
School (ancillary to 11 12
orinciole use), Church s
School. Private or s s s s s s .s. 2 12
Charter 3
School, Vocational s s s s s s s .s. 2 12
3
RELIGIOUS USES
Church, Temple, s s s s s s p 1 6
Svnaoogue or Mosaue
***
Section 20-3.S -Dimensional requirements.
• ••
5
Ord No. 27-23-2478
(D) Propel1ies within I 00 feet of A hutting Single 1C'.ai1ii(,-&ming f>istFiets RM-18 or lower density districts.
(1) Except where otherwise provided in regulations applicable to a specific zoning district Wet:ll.\r.iihstaBding tfie Elimeasienal
FeqaiFemellt5 ef the i!eftiBg use distfiet iB whielt a pFeperty is leeMed, ifthst pFepet=t)· ahats Eeemmea befdeF er sepaf&led b~·
a right ef ·.-r,~) te a siegle femil~ i!eeieg eistriet, the maximum height of any new building or any vertical addition to an
existing building located within 100 feet of RM-18 or lower density districts a single famil•1 resideatial ereeeRY shall be ea
tkat pFeperty is limited to two (2) stories. Hozr,re7i•er, eeditional aeiget ffle.y be ebtaieed •,•ia tke speeial use peRBit pFeeess 85
set fefth ia Seeaea 39 S.8.
REOUIREMENT
Frontsu,e (ft)
Min Setbacks (ft_)
Front
Rear
Side (Interior)
Side <Street)
Adi. Res. Dist.1
Between Buildimzs
Max. Buildina Hei2ht
Stories
Feet
Max. Buildin!!
Coveraee (%)
Max Imnervious
Covemae(%)
• ••
Section 20-3.5K
DIMENSIONAL REQUIREMENTS
RELIGIOUS DISTRICT
UpTo4 4.01-6.49
Gross Acres Gross Acres
20 20
15 20
15 3Q
15 15
25 35
20 20
2 2
35 45
40% 40%
80 80
6
6.5 Gross Acres Or More
30
30
45
15
45
20
3
60
40%
80
Ord. No. 27-23-2478
I Max. Floor Area
Ratio <FAR) .40 .40 .40
1 Includes contiguous residential zoning or residential zoning across a street or alley.
New development and additions to existing religious facilities within the Religious District that exceeds 5,000 square feet shall require a Special
Use approval to ensure that the proposed project and design of the religious campus as a whole together with existing and proposed uses
sufficiently mitigates any potential design and operational impacts and is compatible and sensitive to surrounding properties. As part of the
Special Use application. the applicant shall provide at minimum sufficient infonnation to enable the City Commission to evaluate all such
impacts, including without limitation, a traffic study operational plan, and buffering plan. In considering the Special Use application, the City
Commission mav affix any conditions it deems necessary or expedient to jmprove zoning, design and operational compatibility wjth surrounding
properties and area traffic patterns. This requirement shall not apply to applications that have received preliminary approval fi:om the
Environmental Review and Preservation Board prior to the effective date of this ordinance.
***
Section 20-3.6 Supplemental regulations.
***
(H) Physical Barriers.
(1) All fences, walls, trellises and hedges may be erected on or along a property line, but shall not extend into official public
rights-of-way or project on or over adjacent properties.
(2) Height limit.
***
Non-residential:
( d) Fences, walls, trellises or hedges on property zoned for non-residential uses shall not exceed eight (8) feet in height above
grade, except that hedges up to twelve l12} feet that provide greater privacy to neighboring properties shall be permitted in
the Religious District
7
Ord. No. 27-23-2478
* * *
Section 3. C orrections . Confonning language or technical scrivener-type corrections may be made by the City Attorney for
any conforming amendments to be incorporated into the final Ordinance for s ignature.
Section 4. C odification. That it is the intention of the Commission. and it is hereby ordained that the provisions of th is
O rdi nance shall become and be made a pan of the LDC, and th at the sections of th is Ordinance may be ren umbe red or re -l ettered to
accompl ish such in tentions, and that the word "Ordinance" sha ll be changed to ·'Sect ion" or other appropriate word where necessary.
Section 5. Scvc rabilitv. If a ny section, clause, sentence, or phrase of this O rdinance is for any reason held invalid or
unconstituti onal by a court of competent jurisdiction, the holding s hall not affect the vali di ty of th e remain ing portions of this Ordinance.
S ection 6.
hereby repealed .
Conflicts . Any and al l ordinances and resolu tions o r pans of o rdina nces or reso lutions in confl ict herewith a re
Section 7. Effective Da te . T his Ord in ance s hall become effective immediately upon adopti on on second reading.
PASSED on first reading on the l 611, day of October, 2023 .
PASS ED AND ADOPTE D on second reading on the Ir: day of November, 2023 .
READ AND APPRO VED AS TO FORM.
LANGUAGE, L EGALITY AND
EXECUTION THEREOF:
8
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Liebman:
5-0
Yea
Yea
Yea
Ord. No . 27-23-2478
Commissioner Corey: Yea
Commissioner Calle: Yea
9
Agenda Item No:12.
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,” 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 AN EFFECTIVE DATE. 4/5 (CITY MANAGER-PLANNING
DEPT.)
Suggested Action:
Attachments:
CC_Religious_Zoning_District_Staff_Report_10112023 (1).docx
Ordinance - R Religious District - 2nd Reading 11.14.23
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:Ordinance relating to the amendments to the land development regulations applicable
to the Religious “R” District.
RECOMMENDATION:
Approve of the proposed text amendment on second reading.
BACKGROUND:
Pursuant to Ordinance No. 21-12-2137, the City of South Miami (the "City") created the Religious (R)
Zoning District to regulate religious uses and facilities on properties of sufficient size to accommodate
religious campuses in primarily single-family or low-density residential areas. The City found that the
current regulations for the Religious (R) Zoning District offered insufficient development guidance and
regulation. The City would, therefore, like to amend Article III, Sections 20-3.1, 20-3.3, 20-3.5, and 20-3.6
of the Land Development Code (“LDC”) to better ensure that the future development of religious facilities
is compatible with surrounding neighboring properties in terms of their design and operation, as well as
be consistent with the City’s planning objectives.
REQUEST:
To amend Sections 20-3.1, 20-3.3, 20-3.5,and 20-3.6 of the Land Development Code (“LDC”) to create
provisions for the Religious “R” zoning district.
ANALYSIS:
The proposed modifications to the LDC are contained in the attached Draft Ordinance and have been
outlined below. Please note that Strikethrough words are deletions to existing words and Underlined
words are additions to existing words.
Article III. Zoning Regulations
Section 20-3.1 –Zoning use districts and purposes.
* * *
(32)"R" Religious District:The purpose of this district is to provide for religious facilities and uses
and could also permit other ancillary uses implemented by the category, which by design and
construction are intended for organized worship and commonly related services, such as
educational, recreational, and social services, including day care and office. Such ancillary uses
shall be subordinate to the principal use. Building heights shall not exceed the average of the
maximum permitted in the surrounding zoning districts, but in no case shall a building exceed
2
LDC Text Amendment – Religious “R” Zoning District Regulations
October 16, 2023
Page 2 of 7
2
two (2) stories. Zoning regulations could may permit religious uses on sites not so designated
by the Comprehensive Plan.
3
LDC Text Amendment – Religious “R” Zoning District Regulations
October 16, 2023
Page 3 of 7
* * *
SECTION 20-3.3(D)
PERMITTED USE SCHEDULE
P =PERMITTED BY RIGHT
S =PERMITTED AS SPECIAL USE
COND =SPECIAL USE CONDITIONS (see Section 20-3.4)
PARK =PARKING REQUIREMENT (See Section 20-4.4(B) and as modified by Article VIII
to TODD parking)
X =No conditions were adopted
USE TYPE ZONING DISTRICT
R
S
1
R
S
2
R
S
3
R
S
4
R
S
5
R
T
6
R
T
9
L
R
M
1
8
R
M
2
4
R
O
L
O
M
O
N
R
S
R
G
R
M
U
A
H
T
O
D
D
M
U
4
T
O
D
D
M
U
5
T
O
D
D
M
U
6
T
O
D
D
M
U
M
T
O
D
D
P
I
T
O
D
D
P
R
H P
I
R P
R
D
S
C
O
N
D
P
A
R
K
PLANNED UNIT
DEVELOPMENT
RESIDENTIAL USES
S S S S S S S S S S S S S S S S S S 8
Adult Family Care S S S S S S S S S S S 1
3
1
Assisted Living Facility
(ALF)
S S S S 1
3
18
Boardinghouse P P P P P P P P 17
Dwelling, Single-Family P P P P P P P P P S 1
7
1
4
LDC Text Amendment – Religious “R” Zoning District Regulations
October 16, 2023
Page 4 of 7
4
Dwelling, Tourist P P P P P P 3
Dwelling, Townhouse P P P P S P P P P P P 1
7
2
Dwelling, Two-Family P P P P S P 1
7
1
Dwelling, Multi-Family P P S P P P P P P P 1
7
3
Community Residential
Home, 7 or more
P P P P P P 1
3
1
Group Home I Licensed (6
or less)
S S S S S S S S S S S S S S 1
5
1
Group Home II Unlicensed
(6 or less)
S S S S S S S S S S S S S S 1
5
1
Home-Based Businesses
accessory to a dwelling
unit4
P P P P P P P P P P P P P P P P P
Live-Work S S S S
PUBLIC AND INSTITUTIONAL USES
Adult Day Care Facility S S 11
Child Care Facility (7 or
more children)
S S S S S S S S P P S S P S P P
S
2
3
10
Community Facilities P
Community Garden S S S S S S 2
5
Continuing Care
Retirement Community
(CCRC)
1
3
18
Early childhood child care,
Pre-k, Pre-School
P P P P P S P P P
S
11
5
LDC Text Amendment – Religious “R” Zoning District Regulations
October 16, 2023
Page 5 of 7
5
Fraternal Organization or
Private Club
S S S S S P P P P P S S P 2 7
Governmental
Administration
P P P P P P P P P P P P 10
Hospital S 1
4
5
Mobile Pet Grooming
Service
P P P P P P P P P __
Museum, Library or Art
Gallery
P P P P P P P P P P P P 12
Nursing Home/Skilled
Nursing Facility
P P P P P 1
3
18
Greenway, Park, Plaza, or
Playground, Public
P P P P P P P P P P P P P P P P P P P P P P P
Social Services Agency S S S S S S S S S S S S 10
EDUCATIONAL USES
School, Elementary or
Secondary
S S S S S S S S 2
3
12
School (ancillary to
principle use), Church
P
S
12
School, Private or Charter S S S S S S S 2
3
12
School, Vocational S S S S S S S S 2
3
12
RELIGIOUS USES
Church, Temple,
Synagogue or Mosque
S S S S S S P 1 6
* * *
6
LDC Text Amendment – Religious “R” Zoning District Regulations
October 16, 2023
Page 6 of 7
Section 20-3.5 – Dimensional requirements.
* * *
(D)Properties within 100 feet of Abutting Single-Family Zoning Districts RM-18 or lower density
districts.
(1)Except where otherwise provided in regulations applicable to a specific zoning district
Notwithstanding the dimensional requirements of the zoning use district in which a property is
located, if that property abuts (common border or separated by a right-of-way) to a single-
family zoning district, the maximum height of any new building or any vertical addition to an
existing building located within 100 feet of RM-18 or lower density districts a single-family
residential property shall be on that property is limited to two (2) stories. However, additional
height may be obtained via the special use permit process as set forth in Section 20-5.8.
***
Section 20-3.5K
DIMENSIONAL REQUIREMENTS
RELIGIOUS DISTRICT
REQUIREMENT
Up To 4
Gross Acres
4.01-6.49
Gross Acres
6.5 Gross Acres Or More
Frontage (ft)
Min. Setbacks (ft.)
Front 20 20 30
Rear 15 20 30
Side (Interior) 15 30 45
Side (Street) 15 15 15
Adj. Res. Dist.1 25 35 45
Between Buildings 20 20 20
Max. Building Height
Stories 2 2 3
Feet 35 45 60
Max. Building
Coverage (%) 40%40%40%
Max. Impervious
Coverage (%) 80 80 80
Max. Floor Area
Ratio (FAR) .40 .40 .40
1 Includes contiguous residential zoning or residential zoning across a street or alley.
7
LDC Text Amendment – Religious “R” Zoning District Regulations
October 16, 2023
Page 7 of 7
7
New development and additions to existing religious facilities within the Religious District that exceeds
5,000 square feet shall require a Special Use approval to ensure that the proposed project and design of
the religious campus as a whole, together with existing and proposed uses sufficiently mitigates any
potential design and operational impacts, and is compatible and sensitive to surrounding properties. As
part of the Special Use application, the applicant shall provide, at minimum, sufficient information to
enable the City Commission to evaluate all such impacts, including without limitation, a traffic study,
operational plan, and buffering plan. In considering the Special Use application, the City Commission may
affix any conditions it deems necessary or expedient to improve zoning, design, and operational
compatibility with surrounding properties and area traffic patterns. This requirement shall not apply to
applications that have received preliminary approval from the Environmental Review and Preservation
Board prior to the effective date of this ordinance.
* * *
Section 20-3.6 Supplemental regulations.
* * *
(H)Physical Barriers.
(1)All fences, walls, trellises and hedges may be erected on or along a property line, but shall not
extend into official public rights-of-way or project on or over adjacent properties.
(2)Height limit. * * *
Non-residential:
(d) Fences, walls, trellises or hedges on property zoned for non-residential uses shall not exceed
eight (8) feet in height above grade, except that hedges up to twelve (12) feet that provide
greater privacy to neighboring properties shall be permitted in the Religious District.
* * *
PREVIOUS ACTION
The Planning Board, at its September 12, 2023, meeting, voted 5-1 to recommend approval of the
proposed text amendment.
ATTACHMENTS:
Draft Ordinance
City Notice of Public Hearing
Legal Ad
8
18
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
19
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
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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.
20
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.’
21