02-26-04 References - New Urban CommunitiesOctober 14, 2003
S. B. Friedman & Company
ATTN: Park Ridge RFQ
221 North LaSalle St., Suite 820
Chicago, IL 60601 -1302
Dear Sir:
The Community Redevelopment Agency (CRA) of the City of Ft. Lauderdale has
worked with New Urban Communities and its principals, Mr. Kevin Rickard and Mr.
Tim Hernandez on the development of their East Village Project located in the heart of
the redevelopment district. Their East Village project is helping to revitalize a targeted
area of the City where redevelopment efforts have been concentrated. We have recently
supported this project with streetscape improvements and found Mr. Hernandez willing to
accommodate our requests regarding the development of his site. They have found a
successful niche in the area of infill development and revitalization of the inner city.
Mr. Hernandez also sits on the CRA Advisory Board and has used his experience and
background in redevelopment to assist us in planning for future growth and guiding the
revitalization of the area. Should you require more specifics about our relationship with
New Urban Communities, Kevin Rickard or Tim Hernandez, please feel free to contact
me at 954- 828 -4514.
Sincerely,
Kim Jackson
CRA Director
NORTHWEST / PROGRESSO / FLAGLER HEIGHTS
COMMUNITY REDEVELOPMENT AGENCY
101 N.E. THIRD AVENUE, SUITE 300, FORT LAUDERDALE, FLORIDA 33301
PHONE:(954) 828 -4514, FAX (954) 828 -4500
EQUAL OPPORTUNITY EMPLOYER. Wy wxi.fOft-Iauderdale.fl.US PRINTED ON f2 ECYO LED PAPER a ®`
IV e
DELRAY BEACH
COMMUNITY REDEVELOPMENT
AGENCY
October 16, 2003
S.B. Friedman & Company
ATTN: Park Ridge RFQ
221 North LaSalle St., Suite 820
Chicago, IL 60601 -1302
RE: New Urban Communities
To Whom It May Concern:
The purpose of this letter is to provide a reference for the development company New Urban
Communities.
As Executive Director of the City of Delray Beach's Community Redevelopment Agency, and as
the City's former Planning and Zoning Director, I have had the opportunity to work with New
Urban Communities on numerous occasions. The company was one of the first to build new
housing in our downtown area, redeveloping an abandoned bank site into an upscale townhouse
project. Based upon the success of that development and their ability to design innovative urban
infill projects, they were selected by the CRA to develop 4.5 acres of land that our agency had
assembled in the City's West Atlantic Avenue Redevelopment corridor. Known as Atlantic
Grove, the project is a mixed use development consisting of retail, offices, townhouses, and
condominiums. Atlantic Grove has succeeded beyond any of our expectations, selling out in a
matter of months. The fact that the development includes an affordable housing component and
a partnership with two local nonprofit agencies is a testament to New Urban's commitment to
civic involvement. .
I have been employed in the public sector side of the development industry for nearly twenty
years, and have dealt with hundreds of developers, architects, and contractors in that time. New
Urban Communities has been one of the best companies to work with, because they understand
how to create projects that satisfy their buyers' needs while also enhancing the surrounding
community. They are not afraid of challenges, and have been pioneers in South Florida's urban
ill movement. The principals, Tim Hernandez and Kevin Rickard, as well as the whole New
Urban staff, are professional and stand by their word. I highly recommend them for any
development project you are planning to undertake.
incerely,
Diane Colonna
Executive Director
104 West Atlantic Avenue • Delray Beach, Florida 33444
561- 276 -8640 • Fax 561- 276 -8558
500 Greynolds Circle
Lantana, FL 33462 -4594
(561) 540 -5000
Fax (561) 540 -5009
www.lantana.org
Mayor
David J. Stewart
Councilmembers
Louis MVeanter
Tom Deringer
Ronald S. Edwards
Elizabeth Tennyson
Town Manager
Michael Bornstein
"Lantana, an old
Florida Community of
Friends, Families and
Neighbors. "
October 27, 2003.
S.B. Friedman & Company
Attn: Park Ridge RFQ
221 North LaSalle St.
Suite 820
Chicago IL 60601 -1302
Re: New Urban Communities
To Whom It May Concern:
The purpose of this letter is to provide a reference for the development company
New Urban Communities.
As Town Manager of the Town of Lantana, I have had the opportunity to work
with New Urban Communities on their Lyman Village development in our town.
The project was extremely successful, and if other opportunities open up in
Lantana, hopefully Messrs. Rickard and Hernandez will bid on them.
I found Messrs. Rickard and Hernandez to be beyond reproach and thoughtful in
their planning and development of the project and immediate area.
If you should require any additional information in regards to our relationship,
please do not hesitate to telephone me at (5 61) 540 -5010.
Sinc
is ae o stein
Town Manager
October 28, 2003
a,
�LA�NN:IN�
■y7
x
- 1
S.B. Friedman & Company
Attn: Park Ridge RFQ
221 North LaSalle Street — Suite 820
Chicago, IL 60601 -1302
Subject: New Urban Communities
'Vw.
To All Concerned:
In my eight years as Executive Director of the Treasure Coast Regional Planning
Council, I have had the opportunity to work with dozens of public and private sector
investors /developers in the 53 cities and towns of the Treasure Coast Region and beyond.
Without exception, when it comes to the science and art of urban infill and
redevelopment there is no relationship I value more and no group I would rather be
working with than New Urban Communities.
While everyone else is talking about doing it or drawing pictures of it, Tim Hernandez
and Kevin Rickard are actually building it. In addition to their long and successful track
record, my confidence in them is born out of their knowledge of constructing authentic
building types; their ability to blend the often difficult conditions of public policy,
financing, and the market into good results on the ground; and their commitment and true
belief in rebuilding cities and towns.
If you are interested in delivering high - quality, authentic urbanism and infill in your city,
it is without reservation that I would recommend New Urban Communities.
Sincerely,
Michael J. Busha, AICP
Executive Director
MJB:lg
"Bringing Communities Togetber" • Est. 1976
3 0 1 E a s t O c e a n B o u l e v a r d - S u i t e 3 0 0 - Stuart, F l o r i d a 3 4 9 9 4
Phone (772) 221 -4060 - SC 269 -4060 - Fax (772) 221 -4067 - E -mail - admin1ktcr1Rc.org
d y
Bankof America.
October 17, 2003
S.B. Friedman & Company
Attn: Park Ridge RFQ
221 North LaSalle St., Suite 820
.Chicago, IL 60601 -1302
Dear Sir or Madam:
Bank of America
Private Bank
FL5- 411 -01 -02
1001 East Atlantic Avenue
Delray Beach, FL 33483
Tel 561.279.7670
Fax 561.279.1294
Please be advised that New Urban Communities Inc. has been a valued client
of Bank of America since 1999.
Bank of America currently has a low eight -figure line of credit facility
available for New Urban Communities Inc. for their business needs. All
account activity has been satisfactory to the Bank.
Also, with the guidance of Kevin Rickard, Tim Hernandez and their team,
New Urban Communities Inc. continues to be well respected in the
communities they do business.
Please feel free to contact me with any additional questions or comments.
Sincerely,
Joseph P. Silk
Senior Vice President
(561) 279 -7638
USA
2000 2004
AmSouth Bank
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
(561) 989 -5451
October 10, 2003
S. B. Friedman & Company
Attn: Park Ridge RFQ
222f,North LaSalle St., Suite 820
Chicago, IL 60601 -1302
To Whom It May Concern:
AmSouth Bank is pleased to inform you that New Urban Communities and its principals, Mr. Kevin
Rickard and Mr. Tim Hernandez, are valued and highly regarded customers of our bank. We recently
completed a significant loan transaction with the company for a mixed use development in Jupiter, Florida,
A' which includes both residential and commercial units. I have known Messrs. Rickard and Hernandez for
over four years and have provided in excess of $38 million in financing for various projects in South
Florida while at .,AmSouth and another financial institution.
I have found Messrs. Rickard and Hernandez to be honorable, easy to work with, and their integrity is
beyond reproach. They are seasoned real estate developers who have been extremely successful in the
South Florida market and have been the subject of numerous favorable articles by the local media. It is. my
pleasure to provide you with this letter, and without hesitation I would recommend New Urban
Communities for consideration in the subject project.
Should you require more specifics about our relationship with New Urban Communities, Kevin Rickard or
Tim Hernandez, please feel free to contact me at (561) 989 -5450.
Sincerely,
..r
Joseph C. Erwin
Vice President
Commercial Real Estate
SunTrust Bank
501 South Flagler Drive
West Palm Beach, Florida 33401
October 27, 2003
S. B. Friedman & Company
ATTN: Park Ridge RFQ
221 North LaSalle St., Suite 820
Chicago, IL 60601 -1302
RE: New Urban Communities
To Whom It May Concern:
Our banking relationship with New Urban Communities (the Company) and its principals Messrs. Tim
Hernandez and Kevin Rickard dates back to 2000, at which time we provided a project financing package
totaling in the Low -Eight Figure range for land acquisition, development and construction financing and
letters of credit for the 146 - unit Osceola Woods town -home project located in the Abacoa PUD in Jupiter,
Florida.
In 2002, the Bank provided similar loan facilities in aggregate Mid -Seven Figure range for New Urban's
32- unit town home East Village project in Ft. Lauderdale, Florida. In early 2003 we provided total
facilities in the High -Seven Figure range to finance land acquisition, development and construction for the
Company's 60 -unit town -home project known as Belle Isle, located in Wilton Manors, Florida.
To date, the Company has met all of their financial obligations with the Bank in a timely and consistent
manner and has in all respects performed as agreed.
In our experience, the Company is well managed and is staffed by capable professionals who turn out a
quality product. We value our relationship with New Urban Communities and its principals and would
welcome the opportunity for additional business.
If you have any questions, please phone me at (561) 835 -2629.
Real Estate Fwancial Services
FL6001
200 East Broward Boulevard
Suite 200
Fort Lauderda,c, FL 33301
October 20, 2003
km:. 9 /'
S.B. Friedman & Company
--,Attn: Park Ridge RFQ
221 North LaSalle St., Suite 820
Chicago, IL 60601 -1302
RE: New Urban Communities
To Whom It May Concern:
Please be advised that Wachovia Bank, N.A. ( "Wachovia') is familiar with many of the Florida
projects being developed by New Urban Communities C"NUC' ). In particular, Wachovia along with a
non- profit participant, is financing the acquisition, development and buildout of Atlantic Grove, a
mixed -use project in Delray Beach, Palm Beach County, Florida. Upon completion, Atlantic Grove
will consist of 55 townhouses, 20 residential lofts, and approximately 52,210 square feet of office and
retail space. Total credit exposure for Atlantic Grove is in the low 8- figures.
Mr. Timothy Hernandez and Mr. Kevin Rickard, the founders of NUC, are extremely qualified real
estate professionals as detailed in their respective resumes. They are highly qualified to take infill,
redevelopment and traditional neighborhood development projects from the.conceptual stage to final
buildout
Tim and I are board members on the City of Ft. Lauderdale's CRA Advisory Board for the Northwest -
Progresso-Flagler Heights area. This area is in the CBD of Ft. Lauderdale. One of NUC's projects,
East Village, is located in this area and was a success from the beginning. East Village is considered
one of the anchors for the redevelopment of the Northwest- Progresso - Flagler Heights area.
Based on our experience to date at Atlantic Grove, Tim and Kevin's real estate expertise, and their
overall success in the marketplace, Wachovia would seriously consider financing additional projects
for New Urban Communities.
Please do not hesitate to contact me if further references are needed:
Albert Fils Office: 954- 467 -4160
Senior Vice President Cell: 954- 684 -0498
Wachovia Bank, N.A. Fax: 954467 -5164
200 E. Broward Blvd., 2nd Floor
Ft. Lauderdale, FL 33301
Email: albert.fils wachovia.com
Sincerely,
Albert Fils
Senior Vice President
Cc: Tim Hernandez (via fax 561- 272 -3951)
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
• DEPA R'i %IE�iT OF CONtNt :N'ITY AFFAIRS.
Petitioner.
vs. DOAH CASE N. O. 97- 49474GM
CITY OF SOUTH MIAMI.
Respondent.
STIPULATED SETTLEMI ENT AGREEM; ENT
Petitioner. Deoartment of Community Affairs (Departme'nt), and Respondent. City of
South Miami (City), hereby stipulate and agree as follows:
GENERAL PROVISIONS
• 1. Definitions. As used in this agreemen t. the following words and phrases shall
have the following meanings:
a. Act; The Local Government Comprehensive PIanning and Land
Deveiopment Reguiation Act. as codified in Part II. Chapter 163. Florida Statutes..
b. Agreement: This stipulated settlement agreernent.,
C. Com rehensive Plan Amendment or Plan Amendment: The
comprehensive plan amendment adopted by the City on August 19. 1997, by Ordinance No. 20-
90-1641.
d DOA H: Tne`Fiorida Division of Administrative
Hearinss.
e. In comriiance or into cornviiance: Consistent with Sections 163.3177,
0
163.; i 4 and 16--,.--! 91. Fionda Statutes. Section i 8 . =01. riona statutes. the applicable
re2ionai eoiicy pian.:. ^d Chaoter 9J 171-o n Adrr,inistrauve Code.
f. Notice: The notice of intent issues by the Department to which was
attached its statement of intent to rind the aian arnet:ament not in compiiance.
g. Petition: The petition for administrative hearing and relief filed by the
Department in this case.
h. Remedial Action: A remedial plan amendment. submission of support
document or other action described in the statement or intent or this agreement as an action
which must be compieted to bring the plan amendment into compliance.
i. Remedial Plan Amendment An amendment to the plan or support
document. the need for which is identified in this agreement, including its exhibits, and which
the local government must adopt to complete all remedial actions. Remedial plan amendments
adopted pursuant to this agreement must. in the opinion of the Department. be consistent with
and substantially simiiar in concept and content to the ones identified in this agreement or be
othen ise acceptable to the Department.
j. Statement of Tntent: The statement of intent to find the plan amendment
not in compliance issued by the Depanment in this case.
k: Sumort Document: The studies. inventory maps, surveys, data.
inventories. listings or analyses used to develop and support the plan amendment.
2. Entire Af2reement. This is the entire a?reernent between the parties and no verbal
or writte. ^. assurance or promise is effectiti•e or binding unless included in this document.
'N. Apvmyni by ( oveming Eodv. This agreement has been approved by the Ci -tv's
,2ovemina coax• at a oubiic eanniz aciverusea in an adve^:se:nent published at least 10 days
prior to the hearing in the manner prescribed for adv,en semerts in Section 163.3,184(15)(c),
•
Florida Statutes. his agreeTe :r has been executed by the appropriate officer as provided in the
Citv's charter or other reguiations.
4.. Changes in Law. Nothing in this agree.zent shall be construed to relieve either
parr from adhering to the law. and in the event of a change in any statute or administrative
regulation inconsistent with this agreement. the statute or regulation shall take precedence.
5. Other .Persons Unaffected. Nothing in this agreement shall be deemed to affect
the rights of any other person under the law.
6. Attornev Fees and Costs. Each party shall bear its own costs. including attorney
fees.
7. Effective Date. This agreement shall become effective upon the last date of
signing by the Department or the City.
8. Purpose of this Agreement: Not Establishing Precedent. The parties enter into
this aereement in a spirit of cooperation for the purpose of avoiding costly, lengthv and
unnecessary litigation and in recognition of the desire :or the speedv and reasonable resolution of
disputes arising out of or related to the plan amendment. The acceptanc -e of proposals for
purposes of this agree:^ent is part of a negotiated agreement affecting manv factual and Iegai
issues and is .not an endorsement of. and does not establish precedent for. the use of these
proposals in anv other circumstances or by anv other local government.
9. Denarrr lent Pnwers. The Department is the state land planning agency and has
the power and duty to administer and enforce the Act an to determine whether the plan
amendrne^t is in compiiance.
• 10. Exhibits. FY.hibits A and Bare aere_i-y incorporated by reference.
11. Neectiation of Agreement. The Department issued its notice and statement of
intent to find the plan amendment not in n compliance: and filed the petition in this case to that
effect. Subsequent to the filing of the petition the parties conferred and agreed to resolve the
issues in the petition. notice and statement of intent through this agreement. It is the intent of
this agreement to resolve fully all issues between the parties in this proceeding.
12. Dismissal. If the City completes the remedial actions required by this agreement.
including the rescission of the - pian.amendment as set forth herein. the Department shall issue a
cumulative notice of intent addressing both the compliance agreement amendment and the initial
plan amendment subject to these proceedings._The Department shall file the cumulative notice
of intent with the DOAH along with a request to dismiss this proceeding.
13. h Filine and Continuance. This agreement shall be filed with DOAH'by`the,
Department after execution by the parties. Upon the filing of this agreement. the administrative
proceeding in this matter shall be staved by the administrative law judge in accordance with
Section 1633 184(16)(b), Florida Statutes.
14. 'Retention of Right to Final Hearing. Both parties hereby retain the right to have a
final hearing in this proceeding in the event of breach of this aareement. and nothing in this
agreement shall be deemed a waiver of such right. The Department or any other parry to this
agree:rient may move to have this matter set for hearing if it becomes apparent that any other
party whose action is required by this aQreernent is not proceeding in good faith to take that
action.
4
Descr. ^tt�n of ?� ^� isions nor in Comt,iiance and Remedini .� ctions: Lezai Erfec:
• of Agrcernenr. EY.hioit A to this aeree^ient is a copy of the staterne. ^.t of intent, which identifies.
the provisions not in compiiance. Exhibit B contains remedial actions needed for compliance.
This agreement constitutes a stipuiation that if the remedial actions are accomplished_ the plan
amendment will be in compliance.
16. Remedial Actions to be Considered -for Adontion. The dry agrees to consider for
adoption by formal action ofits' governing body all remedial actions described in Exhibit B no
later, than the time period provided for in this agreement.
17. Adoption or Approval of Remedial Ptan Amendments. Within 60 days after
execution of this agreement by the parties. the City shall consider for adoption all remedial
actions or plan amendments and amendmentsto the support documents. This may be done at a
single adoption hearing. Within 10 working days after adoption of the remedial plan
• amendment, the City shall transmit 5 copies of the amendment to the De artment as provided in
p p p
Rule 0,J -11. 011''(5), Florida Administrative Code. The City also shall submit one copy to the
regional planning agency and to any other unit of local or state government that has filed a
written request with the governing body for a copy of the remedial plan amendment and a copy
to anv party granted intervenor status in this proceeding. The amendment shall be transmitted to
the Department along with a letter which describes the remedial action adopted for each part of
the pian amended. including references to specific portions and pages.
18. Acknowledgement. All parties to this agreement acknowledge that the "based
upon' provisions in Section 163.
3 184(8), Florida Statutes. do not apply to the remedial
amend.:Zent.
19. Re vievv of Remea:ai A nencn:ents ar.c `:ntice of Intent. Within 45 days after
receipt of the adopted re:nediai clan amendments and Support documents. the Department shall
issue a notice of intent pursuant to section i 63.3 i 84. Florida Statutes. for the adopted
amendments in accordance with this asreement. .
a. In Comniiance: If the adopted remedial actions satisfy this agreement. the
Department shall issue a cumulative notice of intent addressing both the plan amendment and the
compliance agreement amendment as being in compliance. The Department shall file this
cumulative notice with DOAH and shall move to have this proceeding dismissed.
b. Not in Comniiance: If the remedial actions are not adoofed. or if they do
not satisfy this agreement. the Department shall issue a notice of intent to find the plan
amendment not in compliance and shall forward the notice to DOAH for a hearing as provided in
Subsection 163.3184(l 0), Florida Statutes, and may request that the matter be consolidated with
the pendi g proceeding for a single. final hearing. The parties hereby stipulate:. to that
consolidation and to the setting of a single final hearing if the Department so requests.
20. Effect of :amenament. Adoption of any compliance agreement amendment shall
not be counted toward the frequency restrictions imposed upon plan amendments pursuant to
Section 163.31.87(1), Florida Statutes.
This agreement contains all the terms and conditions agreed to by the parties.
6
In witness «-nereor. the parties hereto have caused this aureement to be executed by their
undersigned officiais as duly authorized.
DEPARTMENT OF COMMUNITY :AFFAIRS CITY.OF SOUTH MIA1r1I
B�
Charles Pattison. Director Title
Division of Resource Planning
and Management
Date Date
Attest:
City Clerk
Assistapt General Counsel City Attorney
I
STATE OF FLORID,""
DEP ART ,M-.NT OF COMMUINT1 i i AFF IRS
IN RE: SOUTH INUAMI)
COMPRF.I SI'Z'E PLAIND
AMDMUENT ADOPTED BY) DOCKET NO.97- 1ER- N'OI- 1:2?- (A) -(I)(N)
ORDINANCE NO. 20 -90 -1641)
ON AUGUST 19, 1997)
STATEMENT OF INTENT TO FIND
COMPREFIENSWE PLAN AMENDMENT
NOT IN COMPLIANCE
The Florida Department of Community Affairs ne cby issues its Statement of Intent to
find the City of Sourh'Miami'Comprchensive Plan Amendment 97-1 ER, adopted by Ordinance
No. 20 -90 -1641 on August 19, 1997 Not In Compliance, The Department finds that the plan
:v
amendment is not "in compliance," as defined in Section 163.3134(1)(b), Florida Statutes (F.S.),
because it is not consiste.n with Chapter 163, Part iI, F.S., the State Corn re he ^live Pl the
South Florida Comprehersive Regional Policy Plan, and Chapter 9J -5, Florida Administrative
Code (F.A.C.), for the following reasons:
I. AMM MME T TO THE ? :'ZANSPORTATION ELEMENT
A. Inconsiste nt provisions. The inconsistent provisions of the plan amendment under
this subject heading are as follows:
1) The amendrmer:t Is i31C:Onsislent because the amendment did not include an adequate
analysis of the projected inte.^nodai deficiencies and needs such as terrainais, connec: ons, high
occu"Ll" ' e!zici !anes..- ;rx- and - ;de lots and other faciiidcs. i ne City's r.--.iv was not
responsive to the ORC objection or the rule requirer^e. ^.t. Descrang the City's proposed shuttle
_ EXHIBIT "
i
SVSiem Is not an ana1VS1S of projected intermodal defic:e. ^.cies and needs. Without providing an
• analysis of the intermodal deficiencies. the City cannot adequately address the needs component
of the analysis. [Section 163.3177(6)6)5., F.S.; Rule 9J- 5.005(2)(a); Rule 9J- 5.019(3)(e),
F.A.C.]
B. Recommended remedial actions. These inconsistencies may be remedied by
taking the following actions:
1. The assessment must look at areas related to ridership and modal split in order to
determine if there are any deficiencies with the intermodal facilities. This information. should be
available through the Metro -Dade County Transit Authority or Dade County. The City must
conduct an analysis of intermodal deficiencies and a needs assessment and consider appropriate
policies, programs, and activities to correct identified problems.
2) Ile amendment is inconsistent because the City did not provide an adequate
analysis of the projected transportation system levels of service and system needs based upon the
land use categories, including their densities or intensities of use as shown on the Future Land
Use Map (FLUM), .and the projected integrated transportation system. The analysis did not
demonstrate integration and coordination among the various modes of transportation and did not
address the need for new facilities and expansions of alternative transportation modes to provide
a safe and efficient transportation network and enhance mobility. [Chapter 163.3177(6)G)8.,
F.S. Rule 9J- 5.005(2)(a) and (5)(a); and Rule 9J- 5.019(3)(f), F.A.C.j.
B. Recommended remedial actions. This inconsistency may be remedied by taking
the followine actions:
2
T-he City snouid ::Wvze • e F? U�J de=-- ;- ,.:ntens ties and r,.ixed use patte ys
against :. ~e tes::ods re�.:ired :o sucport :-isit. ne C;-, x::,01110 CO:I1t7c�.rC t�°, �Xist73I2 I LU
designations within the transit corridor to a professiora:iy accepted source which. has aralvzeA
densities and intensities which support =..asit. One such decurne nt is the Dade County MPO
document "Transit/Land Use Relationship Reoort." Where incompatible uses occur, an analysis
should be conducted that assesses FLLTM alte..natives:that would be compatible. This analysis
should be comuieted prior to the Dade County MVO Long Range Transportation Plan Model
Update so that alternative land uses can be submitted to the 1v1PO. The City should also create a
policy w•nerenv it comrruts to completing this analysis uppn completion of the Dade County
Metropolitan Planning Organization (DCMPO) Long Range Transportation Plan Model update.
The City should coordinate with Dade County regarding the submittal of land use data to the
NIPO. The Department notes that the City has added Transportation Element Policy 1.6.4 which
states, that the City will continue to update the Citv's Plan as specific information becomes
available iiom the MPO, Dade County, and the State of Florida. While the Department believes
that the genes i intent of this .policy is moving in the .right direction, the language is vague and
should be revised whereby the City will submit this analysis by a date certain subsequent to the
N20 update.
3) - The amed=ent is inconsistent because the amendment does not adequately
analyze :e compatibility of the transportation system needs with the Florida Department of
Transporation (FDOT� Adopted Work Program, long range transportation plan and plans of the
Dade C� .:,ty MPO, and the cor::patibiliry with the noiicies and guidelines of these ;.cans. The
response :s inadecuate ---cause;, does not de::cnstrate neuher the Citvts systern ne_rs are
i
conslste :t 'NI'Th the JOT Adopted `work Progr= = -:- ionz- .:nge �-�. SDOZ'=iOrl . i I a nci
pians of the Zade Coua ''I TO. (Section 163._ :77(6 IU j_. F'U' °J- 5.005(2)(a); and Rule al-
5 .0 19 (3) (g), F. A.C.
B. Recommenced actions These;- irconsi:.en c:es may be remedied by
taking the following actions-
3. Provide an analysis which demonstrates whether the City's system needs qLre
consistent with the FDOT Adopted �Vork Program and the long range transportation plan and
Plans of the ivIPO. Furthermore, the Dade County MPO is now in the process of updating their
five -vear work plan. and the Depa.ra=ent is working with the MPPO, FDOT- District 4, and Dade
Counry on ensuring coordinated transportation pianning as part of the development of the County
Transportation Element. The Department recommends that the City participate in this process.
4) ,' II he ame..t:nlent is inconsistent because the analysis does not explicitly address
and document internal consistency of the plan. especially its provisions addressing
transportation, land use, nd availability of facilities and services. While the City's response
speaks in ge"crai terras of how the t- ansportation ele^:ent is corsistent with other growth
management goals of the comore hersive plan, it does not explicitly explain how the policies and
programs of the transaorr=ion eke :ent support and further objectives and policies of other
comnreaerzive aian components. [Section 163.3177(6)0)5, F .S.; Rule 9J- 5.005(2)(a); and
Rule 9J- 5.019(3)(i), F. A.C.]
B. Recomr.:enced nzmedial actions These i ^-consistencies may be remedied by
taking tee following actions:
The Citys analysis :. ust explicitly e:;piain o%v the policies and programs of the
..n: por'�ation eiemewt sL ro:t d :,, rte objectives a -d poiia es of other vompre ersive pian
• cotnpauen;s. The City's anaivsis s :Quid exartzir:e consisterc�r suca as. but not limited
to, whether tae FT UM supports the transportation systew .1,vhe•. -•^.er p iLlc•:iar caoimi
improv emen•, are needed.: �d wne•�•e: the transportation system supports innil deveiopment.
5) The amendment is inconsistent because the City did not adequateiv analyze the
growth trends and travel carte= and interactions beiween.Iand uses and transportation, and the
compatibility between the future and use and transportation element. The City has provided a
genes -ai description of how growth and the transportation system interact based upon general
observations. This ove ^'ie :v, however, does not satisrr the analysis requirements of the rule, nor
would it support specific c re omme ^,cations for policies and programs to ensure greater
compatibility between the transportation and future land use elements. [Section
163.3177(6)G)5., F.S.; Rule 9J- 5.005(2)(a); and Rule 9J4.019(3)(d), F.A.C.]
B) Recommended remedial actions. These inconsistencies may be remedied by
taking the :;.flowing actions:
5. As stated in Item No. 2, the City should anaiyze the FLUMI densities, intensities
and mixed use patterns against the thresholds required to support transit. The City should
Compare the emsting ELTYM designations within the tr=it corridor to a professionally accepted
source :v'uch has analyzed densities and intensities :which support transit. This analysis should be
completed prior to the Dade Counry ,NQO Lone Ranze Transportation Plan vIodei Update so
that alte- :ative ?and uses c ;,-1 cc submitted to the MP0. Upon cornaieti -on of the Dade County
MVO Long Range 71 =spormtion Plan ;yiodei update. the Ci must an iyze tthe compatibility
•
between -1-t rutune i-a use =d ==or-,ation eie:nen".. Tae C: Y� should utilize :.:e Dade Counrr
IWO update to project :.:n:re roadway canac -,-cs =.:d - =s u"� -=wit rideanip and utilize me plan
to project vnerc growth will occ,, . T:ic City could t'ae de:er::..ae the of ecs of growth on the
transportation system and vice versa. As recommen.._J in Item No. 2, the C tv should add a
policy whereby the City will submit this analysis by a date certain subsequent to the MPO
update.
6) The amendment is inconsistent because the City did not adequately analyze how
the City will maintain its adopted level of service standard for roads and transit facilities. The
analysis does not show projected traffic and transit le :-e;.s over the, nest rive years and identify
where LOS standards are e.xmecxd to be exceeded. (Section 163.2177(6)0)5., F.S.; Rule 9j-
5.005(2)(a) and Rule 9J- 5.019(3)(h), F. A.C.j
B. Recommended re- nedial actjorns. These inconsistencies may be remedied by
taking the following actions:
6. Provide an analysis which shows projected traffic and transit le reis over the neat
five years and identify where LOS standards are expected to be exceeded. The analysis should
also include other methods of maintaining LOS standards such as, but not limited to, Capital
Improvement Element improvements to prevent LOS failures, changes in land use, or making the
transport-ation system more efficient.
The amendment , is inconsistent because the following objective and policies were
m
not inciuded in the plan:
Rule 9 ? -S.O l9(4)(b)4. Address the provision of efficient public tmnnssit services based on
eYistitig and D•oDOSed ^ene atorsiannictors. safe and convenient
public transit te.=irais. land u -ses. and accommodation of the
special neens of the transportation disadvantaged;
6 °
Rule -° T- 19(4)(c)3.
i
establish p ;.rkizz to promote =zspor-aron
goaisiooiect:ves:
Rule 9T -; .� 19 (4)Cc) .
establish l�ti i�.:- asd a n
Wbe ve SYste e ;
•
safety;
Rule 9T -5.019 (4)(c)9.
establish land use and a and building design guidelines for
deveiopment in exclusive public transit corridors to assure the
accessibility of new development to public transit;
Rule 9T- 5.019(4) (c) l0.
establish numerical indicators azainst which the achievement or
mobility goals of the community can be measured, such as modal
split annual transit trips per capita. automobile occupancy rates;
Rule 91- 5.019(4)(c) 11.
establishment of strategies, agreements and other mechanisms with
applicable local govern-me.-Us and regional and state agencies that
demonstrate the area-wide coordination necessary t9 implement t-he
transportation, land use, parking, and other provisions of the
transportation element.
B. Recommended rernedial actions These inconsistencies may be remedied by
taking the following actions:
7. ji Include the objective and policies ide nom: pied above. The objective and policies
must be cased on appropriate
analyses as discussed in precedime sections of the Statement of
Intent.
8) The amendment is inconsistent because Transportation Eleme :t Objective 1.2,
which seeiz to achieve coordination of the -.?=e Land Use elan and the Transportation
Element, does not insure Lhat future land use, population densities, housing and employment
patter::s are compatible z S iransportat on modes and services. -[Section
163.331-776-0)5., F.S.: Rule 9}:;.005(=)(x); srzd Rule 9T_5.019(4)(b)2., F.A.C.
B. Recor.. -- e- dPd - c.- .Ad;al actions. 7.aese i ^consistencies may be.re^:edied by
taking t e following actions: .
`.
8. The City sl".cuid ..raivze the F%U;vi - densities, iyte =hies and mixed use patterns
• alai: t the tl,.resaolds ree•:i: ec .o support =-zsit. Where u;carrpati`rle uses occur. an analysis
should be conduced that assesses FT U14 alternatives that would be compatible. The City should
compare the existing FLU,'Yi designations within the t.—nnsit corridor to a professionaily accepted
source which has analyzed densities and intensities whith support transit. This analysis should be
completed prior to the Dade County MPO Long Range, Transportation Plan Model Update so
that alternative land uses c= be submitted to the MPO. As recommended in item loo. 2, the City
should add a policy where-"y the City will revise this objective and add policies, if necessary, by
a date ce ^, in subsequent to the Dade County MPO update.- ""ie`objectives and policies must be
based on appropriate analyses as discussed in preceding sections of the Statement of Intent.
9) The amendment is inconsistent because Transportation Element Policy I.I.I.
which establishes the roadway level of service standard, did not include specific reference to the
LOSS for transit facilities. Furthermore, the City did not adopt the LOSS established by r'-DOT
for facilities on the FiHS. [Section 163.3177(6)0)1., F.S., and Rule 9J- 5.419(4 )(c) I., F..4.C.j
B. Recomnae ^ced rzrned;al actions. These inconsistencies may be remedied by
taking the following actions:
9. Revise the ; rnendme nt to include the LOSS for mass transit and adopt FDOT's
LOS standard for facilities on the FiHS in the City.
i Q) The amencr.:ent is inconsistent because the City adopted a Transportation
Contuse ncv Exception ..l- ea (Tc,- ) but did not adeaf. a=;v address the provision to establish
policies Which specif,_ p:cgranas to address transportation needs of the i CE.A.. [Section
• 8
163.: 180(5)(b) and (c), F.S., and Rule 9J- 5.0055(6)(c), A.C.I. F
• e a 7 se c • ncies may be remedied by
B. Reco..........c�d . ,. ...aI actions. 1..e.. osis�e
takinc The followina actions:
10. The Demartmeat believes that if the .C' Mr adds the objective and policies as
identified in Item No. 7 as well as establishing objectives and policies based upon the additional
analysis requirements as discussed in 'preceding sec ions'o -rthe Statement c: Iat: nt the
transportation needs of the TCEA will be met.
11) The amendment is inconsistent because the Future Transportation Map did not
include rarking facilities that are required to achieve mobility goals; TCEA; and intermodal
terminals and access to such facilities. [Section 163.3177(6)0)1., 2., and 3., F.S.; Rule 9J
5.005(5)(b); and Rule 91- 5.019(5)(a)I.e.; (5)(a)4;'and (5)(a)9., F.A.C.
B1. Recommended remedjal actions. These inconsistencies maybe remedied by
taking the f6howing actions:
11. Include these items on the Future Transportation Map.
IL AME`70MENT Tn THE 7_77= LAND USE ELEMENT
A. Inconsistent ^rovis:cns. The inconsistent provisions of the plan amendment under
this subject heading are as follows:
1) The amendment is inconsistent because it includes a new mixed use FLUM
category, Mixed Use Commercia Residential (Four Story), but does not include a minimum and
Maxima:.:: r. ge percentage of land use distribution among the mix of uses, and the density for
reside .ntizi uses. While the City has established a Floor Area Ratio (F. s .R.) appropriate for non-
i
9
reside i � es. a F.,.R. cannot cdec�,. •e�v r^� ^�t;.r° -�s:den al densities becaI� c;veii= units
C _
vary ii. size �xhich makes it dirL�Wt o dete �'ze of units that could be mowed.
at
i 63.-,177(6)(a), F.S., and Rule °J.-- .006(1)(c) and (4)(c), F.A.C.j
B. Recommended rcrntdiai actions These inconsistencies may be remedied by
taming the following actions:
1. The Mixed Use Comme:ci UReside^tiai (Four Story) category must be revised to
include the .,n nimum and maximum range pence ntaQe of land use distribution among the mix of
uses and include a residential density based on dwelling units per acre.
U1. FUTURE LAND TJSE MAP AME +DNiENTS
A. Tnconsister.; provisions. The in provisions of the plan amendment under
this subject heading are as follows:
1._ The City has adopted 4 FLUM amendments which involve converting Land uses to the
• Mixed Use CommerciaMesidential 4 Sto ' category. As the Department has determined that
( ry)
the Mixed Use ComrnerciailResidentiai (4 Story) category is not in compliance, these 4 FLUM
amens. c= are also not in compliance because of the problems associated with the land use
categor, . Listed below are the subject amerdrrents. (Section 163.3177(6)(a), F.S.; Rule 9J-
5.005(5)(a); and Rule 9J- 5.006(i)(c) and (4)(c), F.A.C.
Ame ^d. :.ent
Total Acreage
Existing Designation
Proposed
Designation
Amens -ment NO. 1-
2.41
Singie- Family lies.
Mixed Use
Madison So•uare
Neianboraood Retail (2
Commerc aL/Residend al
Story]
10
Ame.^.c.:.e t No.2- 14.21
Charre::e Tco
Gotnrntrciai Office Use, Mixed Use
Comrne:c: i Retail. Commercia- Residentiai
Public i _nrutionai.
Singie r' iiy Res. and
Vacant
Amendment No.5- 1.46 M Low In=ity Office (2 Mixed Use
Commuairy Center I w Storv' Commereiai/Residetnial
Amendment No.6- 40.6 Specialty Retaii/Res (4 Mixed Use
Hometown District Story), Neighborhood Commercial/Residential
Remii (2 Story).
Residentia office (Z
Story), and Medium
Density Multiple (4
Story)
B. Recommended remedial actions. aese inconsistencies maybe remedied
by taking the following actions:
1. Upon revising the Mixed Use Comme.- ci:.ilResidentiai (Four Story] category
pursuant to the recommendation contained in Amendment to the Future Land Use Element
Recotnme. d�a 'on No. 1, these F %UM amendments will be found in compliance.
IV. AMENDMENT TO THE HOUSING ELEME ?1T
A. Inconsis*.ent Droyisions. The inconsistent provisions of the plan amendment under
this subject heading are as follows:
1) The amendment is inconsistent because Housing Objective 1.3, which states that
the City will create and :a3intain affordable housing for ail current and anticipated future resident
of the City, especially providing for households of very-low income. low - income, and moderate-
income. is not measurable because it lacks a target by which the identified deficits in affordable
housing :viil be reduced. 7 e associated policies, while establishing programs which could result
in the ccnstruction of affordable ^cusing, do not establish. the target by which the City will
11
•
0
0
red::c° -p shown ^.. c.,.�:, 7(61 I.d.. F. S.. and Rule cJ-
the cer ,,tudy. (Sect: ^^ i
;.010(3)(b)3., F . A.C.
B. Recomrr:e ^ceo re^ eciai actions. i ese 1—is.e pees may cc remedied by
taking the following actions:
I . Revise Housing Objective 1.3 to include a me :s' rabiz target such as, but not
limited to, number of affordable housing units to be built yezriy.
V. CONSISTENCY lvrm THE STATE COMPREHENNSIVE PLAN
A. Inconsistent provisions. The inconsistent provisions of the plan amendment under
this subject heading are as follows:
1. The comprehensive plan amendment is inconsistent :pith the State Comprehensive
PIan goals and policies; including the following provisions (Rules 9J- 5.021, F. A.C.):
a) Goal S, Housing and Policy 3
b) Goal 16, Land Use and Policies I and 3
d) Goal 13, Public Facilities and Policies 1, ?
e) Goal 20, Transportation and Policies 2, 2, 4, 10, 1 and 15
B. Recommended remedial action. These inconsistencies may be remcdied by taking
the following action:
I. Revise-the pian amendment as described above in Section I.B. through V.B.
VI. CONSIS i rNCY IVM-1 THE STRATEGIC REGIONAL POLICY PL 4N FOR
SOUTH FLORIDA
A. Inconsistent nmyisipns. The inconsiste provisions of the. plan =enG'.^.i°.�'dt l3IlC1Cr
uhis subject heading are as follows:
11
i
1. The comnrehe ^Wive cicn :.*men �e ^: is inconsistent mtn the Strategic Reaionai Policy
Plan for South Florida P! an Qoais =d poiicies, Inc' xding the ffolloNving provisions (Rule 9J-
5.02 1. F.A.C.):
a) Goal 2. 1, Land LTse and Public Faci hies and Policies 2.1.1, 2.3.6, 2.17, 2.3.8, 2.3:14,
2.3.18, and 2.3? I ;
b)Goal 4. 1, Economic Deveiogment and Policies 44.5, 4.1.10, 4.1.11, 4.1.12, and 4.1.16
d) Goal S. 1, Regionai Transoom -pion and Policies 5.1.1, 5.1.3, 5.1.5, 5.1.6, 5.1.8, 5.1.10,
5.1.11, 5.1 -14, 5.1.15, 5,I 27,
e) Goal 6. 1, Affordable dousing and Policies 6.1.1 and 6. 1.2
B. Recommended remedial action. These inconsistencies may be remedied by taking the
following action:
w
1. Revise the plan amendment as described above in Sections I.B. through V.B.
•1 13
CON CL TI-: S'ONS
1. The pian 1^.d� ^.er.^.:.e ^: is not ccnsiste ^t •xitlh e Strategic Re2ionai Policy Plan for
South Florida. So
2.; The plan amenamera is not consistent with the State Compre^.e.^sive Plan,
3. The plan amendment is not consistent with Chapter 50J -5, Florida Administrative
Code.
4. The plan 'amendment is not consistent with the requirements of Section 1634.3 177,
Florida Statutes.
5. The.pian amendment is not "in compiiancc." as defined in Section 163.3184(1)(b),
Florida Statutes.
6. In order to bring the plan amendment into compliance, the Clay may complete the
recommended remedial actions described above or adopt other remedial actions
� that eliminate the inconsistencies.
p
Esec• -,ted this 7'LA day of 6,6W.111A 1997, at Tallahassee, Florida.
les G. Pattison, Director
-'C Division of Resource Planrnns
and Management
Department of Community Affairs
2555 Sh=ard Oak Boulevard
Tallahassee, Florida 32199 -2100
0
1
4
3 The foilowine remediai amendment lanstuaQe is proposed as an addition to the existing goals.
• 4 policies and ooiectives of the City's adopted and amerced Transportation Element as follows:
,5
6 Policy 1.6.6 Interim Poiicv: The City of South Miarni shall comaiete the followinu
7 tasks within three months of inserr elate here. in order to be found in
8 comviiance by the Florida Decartment of Community Affairs-
9
10 An analvsis of the existing, transportation system. levels -of- service and
11 service needs. based upon existing design and operating Capacity, most
12 recently available estimates for average and daily peak hour_ vehicle trios.
13 existing, modal split and vehicle occupancy rates, existing,a public transit
14 facilities,' including ridership by route, peak hour capacities and headways
15 population characteristics including transportation disadvantaged. and the
16 existing characteristics of trio generators and attracrors. The City will
17 coordinate with FDOT and Dade County MPO to comiete.the analysis.
18 Said analysis must show that the system is functioning, and will identiry
19 needs,which will correct existing deficiencies of the transportation system.
20
21 Policy 1.6.7 Interim Policy: The City of South Miami shall complete the following
22 tasks within six months of inserr date here, in order to be found in
Z3 compliance by the Florida Deflartment of Community Affairs:
24
�25 An analvsis of the availability of transportation facilities and services to
26 serve existing land uses: and.
27
Z8 An analvsis of the availability of transportation system to evacuate the
29 coastal ooaulation prior to an impending natural disaster and
30
31 An anaivsis of the growth trends and travel patterns and interactions
32 between land use and trans orration and the comparability between the
33 future iand use and transportation elements: and.
34
3S An analvsis of the oroiected transloorration system level -of- service and
36 system needs based upon the future land use cate_ories. inciudins=_ the
37 intensities or densities. and the cmiected intesrated transportation system.
38
3 9 • The analvsis shat) consider *: ^.e oroiects planned for in FDOT's work
40 program. the long, range transportation oian and traffic imr)mvernent
41 rogram i TTP) of the Dade County N PO and the Metro Dade Transit
42 Authcrity: and.
43
44 The analysis shalt demonstrate how the City will maintain its adopted
45 level -of- service standard for roads and transit facilities: and
i -
txJztbit A
n. P ✓
3
5
6
7'
a
9
10.
11
12
13:
14
is
- 16
17
18
19
20
23.
22
23
24
O5.
26
27
Z8
29
30
31
32
33
34
35
36
37
38
�r
• The anaivsis shall address internai consistence, of the clan: esaeciaily its
provisions addressing rransnortation. '.and use. and the avaiiabiiitv nf
facilities: and.
An anaivsis which identities land uses and transponation management
Programs necessary to promote and su000n eublic transportation systems
in designated transportation corridors.
II. AMENIDMENT TO THE FLrTURE LAND USE ELEMENT
The following remedial amendment language is proposed as an addition to the existing '_oals.
policies and objectives of the City's adopted and amended Future Land Use Element as follows:
Mixed -Use Commercini/Residentini (Four- Story)
The mixed -use commerciailresidentiai land use category is intended to provide for different
levels of retail uses. office uses, retail and office services. and residential dwelling units with an
emphasis on mixed -use development that is characteristic of traditional downtowns. Permitted
heights, densities and intensities shall be set forth in the Land Development Code. Regulations
regarding the permitted height density and intensity in zoning districts for areas designated as
mixed -use ccmmerciallresidential shall provide incentives for transit- oriented development and
mixed -use development. Zoning regulations shall reinforce the "no widenings`• policy set forth
in the TrafAc Circulation Element by encouraging use of Metrorail system- to the
recommendation by the Department of Community AfTairs to include Floor Area Ratio (F.A.R.)
in the Comprehensive Plan. the City adopts a F.A.R. of 1.6 for this land use category Which is
the existing F.A.R. in the Land Development Code for the corresponding zoning district. In
addition. the City adonis a maximum residentiai density of 24 units per acre.- In order to ensure
a mix of uses, the City reouires that a minimum of two of the above uses must be developed
within this category For residential oroiects at a minimum the first floor must allow retail
For retail proiects. at a minimum at least one floor must contain residential or office For office
proiects. at a minimum at least one floor must contain residential or retail
39 III. FLrTURE LAWN USE �,1AP AMENDMENNTS
40
41 No language changes or map changes are proposed. as it is understood that the amendment
42 which is proposed in the previous section. if accented. will satisfv DCA. re_ardins this section.,
43
44
45
0
Ezliibit A
1 lV ENDMI ENT TO THE: HOUSING ELEMENT
2
3 The following remedial amendment lansmase is proposed as an addition to the existing coals.
4 policies and objectives of the City's adopted and amended Transportation Element as follows:
5
6 Policy 1.3.6 Interim Policy: The City of South Miami shall ccmniete the following
7 tasks within three months of inserr date here. in order- to be found in
8 comniiance ov the Florida Deoartment of Community Affairs:
9
10 Housing Data and anatvsis. and associated policies and obiectives. based
11 upon the Affordable Housintz Needs. Assessment by the Shimberg Center
12 for Affordable Housing. University of Florida.
13 -
14
15
16
17 V. CONSISTENCY WITH THE STATE CONTREFIENSIVE PLAN
i8
1.9 No language is proposed, as it is understood .that the. aforementioned amendments together, if
20 accepted. will satisfy DCA, resardinsz consistency issues.
21
22
23
24 Vt. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN FOR SO FLA
025
26 No language is proposed. as it is understood that the. aforementioned amendments together. if
27 accepted. will satisfy DCA, regarding consistency issues.
28
29
30
31
32
Esiiibit A
February 14, 2003
CITIZEN'S REPORT
CRITIQUE AND ALTERNATIVE PROPOSALS FOR
CITY OF SOUTH MIAMI
62ND AVENUE CORRIDOR CHARRETTE DRAFT REPORT
INTRODUCTION
The goal of the Charrette, "To define a community vision that enhances the SW 62nd Avenue
Corridor and preserves the livability of the adjoining residential neighborhoods" was not fully achieved in
the University of Miami Charrette Draft Report (UMCDR). This is a citizens summary report on the
findings of the UMCDR. Endorsements for this report from many Charrette participants and residents of
the Cocoplum Neighborhood are attached.
Good governing principals dictate that major infrastructure and zoning changes in the city should
only be considered when a community consensus opinion can be obtained in favor of them. If a
consensus opinion cannot be obtained, then no change should be made. The city should not take the
position that all proposed changes that have significant opposition must have a compromise solution.
For example, if an area is zoned for a maximum of two stories and a proposal is made to up -zone the
area to four stories, that there must be a compromise at three stories. Such an approach is unfair to the
community because it provides a mechanism which assures success to any who would ask for an
increase in zoning, be it in height, density or use, that mechanism being to ask for more than you want
and compromise to what you really want.
The purpose of this report is to critique the UMCDR, to present alternative proposals that are
more rationally based and will be more acceptable to the community, and to initiate a process that will
result in a true community vision. The report addresses the following six topics:
• Factual corrections to the UMCDR
• 62nd Avenue redesign
• Alley
• Market analysis and existing transitional zoning applied to the 62nd Avenue corridor
• Proposed mixed -use transitional zoning
• How to deal with existing buildings
• Suggestions on how to proceed
FACTUAL CORRECTIONS TO THE UMCDR
The following important factual corrections must be made in the UMCDR:
• On page 26, Charrette Drawing, Table 2. The results of the work done by Table 2 are not accurately
reported in the UMCDR. The first statement, "No retail," was not made. In fact, this group reported
that the buildings should be designed for a flexible range of uses including retail, office, and
residential.
• On page 26, the second statement, 'Live-work ok up to three stories up front and maximum 33 feet
deep" was also not made. In fact it was clearly stated that the buildings should have a two story
limit.
• On page 1, paragraph 4, it is stated that the building heights allowed by the City's Zoning Code
(2 -story) conflict with the allowable heights (up to 4 -story) in the Comprehensive Plan. We believe it
is clear that there is no conflict, as the relationship between the Zoning Code and the
Comprehensive Plan are clearly explained on page 21 of the City's Comprehensive Plan. A copy of
this page is included as Attachment #1 of this report.
62ND AVENUE REDESIGN
The avenue redesign was thoroughly discussed during the Charrette with most participants
having similar ideas. From 64th Street to 70th Street, the redesigned street section from west to east is:
22 feet sidewalk with canopy trees, 8 feet parking lane, two -11 feet travel lanes, 8 feet parking lane with
canopy trees, 10 feet sidewalk. From 70th Street to Sunset Drive, the redesigned street section has a
landscaped median to reduce the street to two travel lanes.
Two points about the avenue redesign need to be emphasized:
• The desire for extensive street landscaping was indicated by most of the Charrette participants. The
UMCDR shows a continuous (as continuous as possible) row of appropriately spaced canopy trees
along both sides of the street.
• The intersections at 64th Street and Sunset Drive could both,be redesigned to function better. The
62nd Avenue -64th Street intersection is an intersection of two residential feeder streets. Yet both of
these two -lane streets widen to four lanes at the intersection, inviting more commuter traffic than
they were designed to handle. These streets should be narrowed to no more than three lar►es at the
intersection. A redesign of the 62nd Avenue- Sunset Drive intersection has been studied by Marlin
Engineering and implementation should be pursued.
ALLEY
The alley is a 24 feet wide publicly (city) owned secondary street that separates commercial
properties from single - family residential properties along the west side of the 62nd Avenue condor. The
alley is unpaved and unkempt. It has not been used by either the commercial or residential properties
for a long time. Except that there should be an adequate vegetative border shielding rear parking area
from residential property, there was little discussion about the details of the alley at the Charrette.
The UMCDR gives the following proposal for the alley:
Keep the existing rear public alley as service and parking access for adjoining commercial and
residential properties and add a landscape buffer in the alley as additional screening for
adjoining residential districts. The landscape buffer would include mahogany trees at 30 -feet
spacing and a hedge of Cocoplum planted in front of the trees.
The UMCDR proposal is insufficient for the following reasons:
• The landscape buffer in the alley would occupy at least 6 -feet of the 24 -feet right -of -way, leaving an
18 -feet wide road.
• Mahogany trees, which form a high canopy, may not be the best selection for the alley buffer. A
better choice may be to follow Section 20- 3.6(0)(1) Supplemental Regulations, RO Restrictions, of
the City's Land. Development Code, which gives suitable trees and spacing for this kind of buffer.
• The issue of who will pay the cost of construction and maintenance of the thoroughfare (alley) needs
to be addressed. Construction costs will certainly run into a few hundred thousand dollars.
• Based on the below points, it seems clear that this type of thoroughfare is not adequately addressed
in the current Land Development Code. A new category of roadway needs to be defined using the
below noted criteria as a basis.
• The alley landscape buffer must be in addition to other buffers required in the City's Land
Development Code. These buffers are absent in the UMCDR. Section 20- 4.5(D) (11) Landscaping
and Tree Protection Requirements for All Zoning Districts, Parking Lot Buffers, states: "All parking
lots adjacent to rights -of -way or private streets shall be screened by a continuous planting and /or
three (3) foot high wall with a seven m foot landscaped strip incorporating said planting and /or wall
on private property..." And in Section 20- 3.6(0) Supplemental Regulations, RO Restrictions, it
states: "A decorative wall or fence of masonry, reinforced concrete, pre -cast concrete, chain link,
wood, or other like material that will be compatible with the main structure, five (5) feet in height shall
be erected along all interior property lines, including the rear property line; provided,. however, that in
the event that the rear property line abuts a secondary road, said wall shall be set in ten (10) feet
from the official right -of -way of the secondary road, and said ten (10) feet shall be landscaped;
provided, further, in the event that he interior side property line abuts the same or more liberal
zoning district, the requirement for the wall along said common interior property line shall not -
apply..."
• The option of the city abandoning the alley and splitting the property between the two adjacent
property owners should be considered. If this is done, then the required perimeter landscaped buffer
should be the same as described in Section 20- 3.6(0) (1) Supplemental Regulations, RO
Restrictions, of the City's Land Development Code, which states: "In addition to all other
3
requirements, a continuous visual buffer shall be provided whenever an RO use abuts or faces
directly (within fifty (50) feet) a property zoned for single - family residential purposes. To accomplish
this, the normally required perimeter landscaped buffer shall be increased from five (5) to eight (8)
feet in width and trees from Table 20- 3.6(0)(5) shall be planted according to the spacing listed.
These trees shall be a minimum often (10) to twelve (12) feet tall immediately after planting."
MARKET ANALYSIS AND EXISTING TRANSITIONAL ZONING APPLIED TO THE 62ND AVENUE
COMMERCIAL CORRIDOR
The present commercial zoning designation for the west side of the 62nd Avenue corridor (from
64th Street to 70th Street) is Neighborhood Retail (NR). This is one of three zoning districts that are
used in the city as transitional zoning between single - family residential neighborhoods and more
intensive land uses or major roads. The other two existing transitional zoning districts are Residential
Office (RO) and Townhouse Residential (RT -6). All of the transitional zoning districts are designed to be
compatible in development intensity and building scale with single- family residential districts.
Existing transitional zoning districts are a viable option for the 62nd Avenue corridor. There are
existing Townhouse Residential and Residential Office zoning districts close to the 62nd Avenue Corridor
on Sunset Drive and on 62nd Avenue south of US -1, which have proven to be compatible with
singe - family residential neighborhoods and are economically feasible. The only transitional zoning which
does not work is Neighborhood Retail (NR). The few examples in the city are marginal businesses at
best. The retail component of any proposed alternate plan for the area must be considered in light of the
poor performance of this activity type.
In order to give a larger possibility of development possibilities for the 62nd Avenue Corridor, a
change from Neighborhood Retail (NR) to any of the other transitional districts would be reasonable, as
all of the existing transitional zoning districts are compatible with the proposed 62nd Avenue street
redesign. In this way the 62nd Avenue Corridor could become a mixed -use area (mixed -use does not
mean that all buildings contain mixed uses). Unfortunately, use of existing zoning districts was not
considered at the Charrette.
Clearly, existing transitional zoning regulations is not the reason that the west side of the 62nd
Avenue corridor has remained largely undeveloped. In fact, except for the 62nd Avenue Corridor, there
are no transitional zoning districts in the city that have vacant land or empty buildings. The location of
this underutilized land adjacent to the CRA area, which has a history of high crime and blight, and
speculative landowners are likely reasons for the present lack of development.
Although most residents seem willing to consider a new mixed -use transitional zoning district if it
allows similar building intensity and uses as in existing transitional zoning districts, it is clear that
PROPOSED MIXED -USE TRANSITIONAL ZONING
The Charrefte focused on creation of a new mixed -use transitional zoning district. This concept
has possibilities, especially to replace Neighborhood Retail (NR), which generally does not produce the
most attractive building frontage (parking in front) or building types, and based on the few examples of
NR zoned businesses in the city is not commercially viable. However. the UMCDR proposes scale of
buildings and buildina intensity that exceeds what is reasonable for transitional zoning what most
Charrette participants indicated would be acceptable and which would undermine existing good
transitional zoning throughout the city.
Below is a description of proposed mixed -use zoning that is an improvement over Neighborhood
Retail (NR) and also is compatible with single- family residential neighborhoods. Comparison with the
UMCDR proposal is also included. The proposed mixed -use transitional district may allow commercial
property owners a somewhat higher allowable floor -area -ratio (FAR) and more flexible uses of the
property. The nearby single - family neighborhoods would get stricter building, parking, and landscaping
requirements which would protect and enhance their neighborhoods better than current Neighborhood
Retail (NR) zoning. This new mixed -use district would only be applicable to replace Neighborhood
Retail(NR )in areas where there is a wide (minimum 20 feet wide) sidewalk, with extensive street trees
to replace a landscaped front yard Therefore, a change to mixed -use zoning should only be considered
after the street is reconstructed or reconstruction is certain.
District Purpose Statement
A suggested District Purpose Statement for the proposed mixed use transitional district is given
below.
Proposed Mixed -Use Transitional District: The purpose of this district is to provide suitable sites
for townhouse residential and commercial /residential (live above -work below) in attractive low
profile buildings on heavily landscaped sites, architecturally similar to and compatible with
nearby single - family structures. The district should serve as a transitional buffer between
established single - family neighborhoods and major traffic arterials or more intensive uses.
Pennitted Uses
There was no detailed discussion at the Charrette concerning permitted uses. The UMCDR
simply proposes that there should be a mix of retail, commercial, and residential uses.
The following is proposed:
• Retail and office use would be allowed on the first floor, residential would be allowed on both floors
including above a commercial first floor (live - work):
• Allowable retail and office uses would be all current allowable uses for both Neighborhood Retail
(NR) and Residential Office (RO) (see Land Development Code, 20 -3.3 Permitted Use Schedule).
Dimensional Requirements
The goals of the dimensional requirements are to protect the adjacent single - family residential
neighborhoods by keeping development intensity low, the scale of the buildings the same as that of the
nearby houses, and setbacks that create a distance buffer between commercial buildings and residential
property.
Therefore, the following dimensional requirements are suggested for the proposed mixed -use
transitional district:
• ` Min. Lot Size - 7,500 square feet
• Min. Frontage - 75 feet
• Front Setback - 0 feet (required so buildings are uniformly placed along the street)
• Min. Rear Setback- 25 feet (measured from commercial property line)
• Min. Side Setback (interior) - there must be access to rear parking from building front
• Min. Side Setback (street) - 15 feet
• Max. Building Height - 2- stories and 12 feet floor -to -floor for first story and 10 feet floor -to -floor for
second story (which is similar to existing transitional zoning districts)
• Max. Floor Area Ratio (FAR) for retail, office, or mixed -use buildings - 0.5 (this is double that of
existing Neighborhood Retail)
• Max. Density (units per acre) for solely residential (townhouse) developmegr 6 (this is the same as
for existing Townhouse Residential RT -6)
• Max. Impervious Coverage - 80%
These proposed dimensional requirements are shown on Attachment #2, along with requirements for
other zoning districts for comparison; and are addressed below with comparison to the UMCDR
proposals.
Floor-area-ratio and units -per -acre. There was no discussion of what would be an appropriate
maximum building intensity during the Charrette. However at the Pre - Charrette Meeting With Residents,
many residents indicated that building intensity should be similar to existing transitional zoning districts.
The UMCDR allows as much floor area as parking requirements will allow. This is excessive for
transitional zoning.
FAR absolutely should not exceed 0.5 for retail, office, or mixed -use buildings; or 6 units per
acre for townhouse development for the following reasons:
• As can be seen on Attachment #2, this FAR is 100% higher than what is currently allowed for
Neighborhood Retail (NR) and 67% higher than what is currently allowed for Residential Office (RO).
• The proposed 0.5 FAR is lower than the 0.7 FAR allowed for Low Intensity Office (LO) zoning, which
is not allowed for transitional zoning and from experience would not be appropriate.
• Any increase in FAR above the existing maximum of 0.25 for Neighborhood Retail or 0.3 for
Residential Office is suggested with great reluctance because it is believed that residents in most
neighborhoods adjacent to transitional. zoning would not be pleased with a trend toward increasing
building intensity in transitional districts.
• The maximum of 6 units per acre is the same as for Townhouse Residential (RT -6).
Number of stories and building height. At the Charrette, two of the five work groups
proposed that buildings be a maximum of 2- stories; one group proposed amaximum of 2- stories plus an
attic loft in a building with a peaked roof, with a maximum height of 32 feet from ground to roof peak (this
results in a building about 4 -feet higher than a 2 -story house); and two groups proposed that a third story
should be considered only in the front 30 to 50 feet of the property. Of course building height should not
have been addressed alone but should have been addressed in conjunction with building intensity (FAR)
since the two are closely related and both are important for compatibility with residential neighborhoods.
The UMCDR proposes the following:
Buildings should be a maximum of two stories, except in the front 40 -feet of the property
buildings can be three stories. And, buildings for retail use shall be a minimum of 12 feet and a
maximum of 14 feet floor -to -floor, buildings for office or residential use shall be a minimum of 10
feet and a maximum of 12 feet floor-to-floor.
These building heights are inappropriate for transitional zoning.
It is herein proposed that a maximum of two stories, 12 feet floor -to -floor for lower story, 10 feet
floor -to -floor for upper story be the design criteria, for the following reasons:
• It has proven adequate for good transitional development in all other parts of the City.
• It is compatible with single - family housing and, as can be seen on Attachment#2, is nearly the same
requirement as for Single- Family Residential Townhouse residential, Neighborhood Retail, and
Residential Office
• A third story is not needed to get an appropriate building intensity (FAR). The highest possible
floor -area -ratio (FAR) with 2 -story buildings, and all on -site surface parking and immediately adjacent
street parking is approximately 0.8 (four street parking spaces per 100 feet of property frontage,
parking requirement of 1 space per 300 square feet of gross floor area, each parking space requires
260 square feet of area). Hence, 2 -story buildings are more than adequate to get an FAR of 0.5.
• Three story buildings for transitional zoning is not consistent with the City's Land Development Code.
Again it is noted that Low-Intensity Office (LO) zoning which has a 2 -story and 30 feet maximum
height and maximum FAR of 0.7, is not used, nor; appropriate for transitional zoning.
• It is not desirable to have different story heights for different uses, as proposed in the UMCDR, for
buildings designed to accommodate many uses in a mixed -use district..
• The story height allowances given in the UMCDR are too la and result in buildings that are 11
valent in height to three and four story buildings. For example, three floors using the UMCDR
alglowances could take up 38 feet which is greater than 4 floors with 9 feet floor -to floor. Also, usin g
the UMCDR allowances, two floors could take up 26 feet which is nearly the same as three floors
with 19 feet floor -to -floor.
R
Setback Requirements. At the Charrette, it appeared that most participants agreed that a zero
front setback would be acceptable given the proposed wide sidewalks and extensive street landscaping.
Rear and side setback requirements received little discussion.
The UMCDR proposes a zero front setback; a zero side setback; and a 25 -feet rear setback,
except where there are cross- streets the setback can be zero. These setbacks are not entirely
appropriate.
Different setback requirements are proposed for the following reasons:
• Zero front setback, but only where there is a wide (minimum 20 -feet) sidewalk, with extensive street
trees to replace front yard landscaping.
• Minimum rear setback of 25 -feet measured from the commercial 'property line, which is consistent
with requirements for Single- Family Residential, Residential Office, Neighborhood Retail,
Townhouse Residential. Special criteria for zero setback at cross streets (wrap- around comer
building) could be developed for consideration.
• Adequate side setbacks to allow access to rear parking from the building frontage.
Parking Requirements
The goals of the parking requirements are to provide adequate and convenient parking for the
commercial properties and to keep parking and traffic from infiltrating into the nearby single - family
residential districts. Parking for neighborhood retail, services, and many types of office use must be
designed for convenience, as most visitors (customers) come and go within a short period of time. And,
since the buildings are mixed -use, the parking space requirement should be adequate for the highest
possible combination of uses (note that residential floor space generally has a lower parking requirement
than retail and office floor space). This would allow a mixed -use building complex that will allow
changes of uses to occur without the danger of inadequate parking or excessive regulation by the city.
The UMCDR proposes the following parking requirements:
The parking requirements shall be in accordance with the City of South Miami Zoning
Ordinance. On- street parallel parking spaces along 62nd Avenue shall be counted toward
off - street parking requirements. Surface parking lots shall be permitted up to a maximum of 80
feet frontage along public pedestrian space. Such frontage shall have a minimum setback of 5
feet and shall be landscaped with hedges, canopy trees, and a 3' high stuccoed masonry garden
wall. Vehicular entries shall have a maximum width of 18 feet. Loading and service entries shall
be located on the alley. Access within parking lots and /or drives is permitted if alley access is
not possible. Structured parking is not permitted.
The following two provisions are suggested additions to the UMCDR:
• The provision in Section 20 -4.4 (A) (2), Off - street Parking Requirements, of the City's Land
Development Code, should not be allowed. This provision states: "On- street parking spaces may be
assigned and credited to other properties within 1,500 feet of any on- street parking space by written
consent of the property owner to whose property the space is currently credited with the written
consent and approval of the City Manager! Since 62nd Avenue is a residential feeder street, it is
not appropriate to have cars driving back and forth looking for street parking spaces.
® Commercial parking space requirements should be high enough (regardless of immediate
anticipated use) to allow changes of uses to occur without the danger of inadequate parking or
excessive regulation by the City.
Landscaping Requirements
The goals of the landscaping requirements are to provide a barrier between transitional zoning
and single - family properties, to provide a barrier between parking areas and public space, and to beautify
the street and commercial properties in the garden character of the city.
The UMCDR proposes landscape guidelines that appear to achieve these goals except for the
following items:
® The landscape buffer between mixed -use development and single - family residential properties
should follow the regulations given in the South Miami Land Development Code. This subject is
discussed in the "Alley" section of this report.
• Since the buildings will have a zero front setback with no landscaped front yard, street trees in front
of the buildings are essential. The proposed mixed -use zoning should specify that it is only
applicable at locations where a wide sidewalk with street trees is possible. Hence, street
reconstruction should occur before zoning changes.
• Requirements for site trees and parking lot landscaping are given in the South Miami Land
Development Code, 20 -4.5 Landscaping and Tree Protection for All Zoning Districts. All of the
requirements given here should apply.
Architectural Guidelines
An advantage of the proposed mixed -use transitional zoning district is that required architectural
guidelines can be included that will produce building types that are more attractive and compatible with
the single- family residential buildings than what normally occurs with current Neighborhood Retail (NR)
zoning. Architectural guidelines were not discussed in any detail during the Charrette. The guidelines
proposed in the UMCDR need extensive review.
As a starting point, the following eg neral architectural guidelines are suggested, which are partly
adopted from the "Hometown 1 Plan," to encourage an eclectic mix of architecture, promote reusable
buildings, encourage harmony among both commercial buildings and nearby houses, and discourage
fakes and tackiness.
• To encourage a better skyline and to be more compatible with nearby houses, flat roofs are not
allowed.
• To reinforce the pedestrian scale, require an expression line, change of materials, or cornice line
between first and second floors.
• Require upper -story windows to be proportioned no wider than they are tall.
• Buildings shall not have a single facade more than (say) eighty (80) fleet in width.
• The primary entry of the building shall be oriented to the street.
• Building colors should blend with natural surroundings and be limited in intensity.
• Encourage awnings, arcades, and front porches.
Haw To Deal With Existing_ Buildings
Currently, much of the 62nd Avenue west side commercial corridor is vacant land. Of the
existing five buildings, two are non - compliant uses under the current Neighborhood Retail (NR) zoning
(printing plant, auto repair), and the same two would also be non - compliant under the proposed
mixed -use zoning. Also, some of the existing buildings do not have front or rear setbacks that would
comply with either Neighborhood Retail (NR) or the proposed mixed -use zoning. Non of the existing
buildings are particularly valuable, making it feasible to demolish and replace them.
Although the existing buildings and uses are "grandfathered in" with the regulations of the
adopted zoning district, any effort to enlarge or alter them would make them subject to the provisions of
Section 20 -3.2 Application of District Regulations of the South Miami Land Development Code which
states:
"(B) Total Compliance. No building, structure, land or water areas shall be used or occupied, and
no building or structure or part thereof shall hereafter be erected, constructed, enlarged,
reconstructed, moved or structurally altered except in conformity with all the regulations
specified for the district in which it is located."
8
HOW TO PROCEED WITH THE PROCESS
This report has critiqued and proposed changes to the University of Miami Charrette Draft Report
(UMCDR). These proposed changes have been endorsed by theCharrette participants and Cocoplum
neighborhood residents listed in the attachment to this report.
The following steps are requested as away of producing-a true community vision:
• Accept this report as an addendum to the UMCDR.
• Submit both to Planning Board Committee for comparative review.
• Allow the Planning Board to make final suggestions and recommendations to City Commission.
,477A-CH/he/Yr
FUTURE LAND USE CATEGORIES
This section contains language which explains the intent of the future land use map. Zoning regulations
Nvhich permit uses that are specifically permitted by this section and that also permit uses that are less
intensive than those permitted by this section may be deemed to be consistent with the comprehensive
plan. Zoning regulations that are more restrictive than the provisions of this section may also be
consistent -%rith the comprehensive plan. The terms "less intensive" and "more restrictive" in this section
are not defined in this plan.
Planned unit development zoning regulations which permit buildings to be higher than stated in this plan
may be deemed consistent with this plan. provided such regulations do not permit the overall floor area
on a site to be greater than could occur if the height limits of this. plan were observed.
Nothing in this plan is intended, or has the effect of Iimiting or modifying the right of any person to
complete any planned development which has been issued a final planned development order which is in
full force and effect and where development has commenced and is continuing in good faith, provided
that all regulations and conditions as imposed by the City are met. Any legally granted variances to a
development code regulation which implements this plan shall be deemed to be a legally granted variance
to this plan and as such shall be deemed to be consistent with this plan. This variance provision, shall
apply to all elements and sections of this plan.
Vested Rights Nothing contained herein shall be construed as affecting validly existing vested rights. It
shall be the duty and responsibility of the applicant alleging vested rights to affirmatively demonstrate
the legal requisites of vested rights. Vested rights shall require a demonstration to the Mayor and City
Commission ofthe City of South Miami that the applicant (1) has relied in good faith, (2) upon some act
or omission of the government. and (3) has made such a substantial change in position or incurred such
extensive obligations and expenses to the applicant's detriment as to create an undue hardship. The mere
existence, of zoning contrany to the South Miami Comprehensive Plan shall not be determined to vest
rights. Developmental actions where all required approvals have been received. or orders or permits that
preceded the official adoption of this Comprehensive Plan shall remain in full force and effect but subject
to all applicable zoning laws and regulations of the City. The land development regulations to be
adopted shall provide for specific standards to carry out these concerns.
To reflect the repeated public concerns expressed at the charrettes and public hearings regarding the
preponderance of land use regulations. the land use categories are reduced in number to reflect the
traditional land use desimations utilized by the planning profession. Regulation of specific uses and
intensities will be included under provisions in the Land Development Code. (97-1 ER)
Single- Family Residential (Two- Story)
The single - family land use category is intended to provide for one residential dwelling unit on each
parcel of land. New panels should have a minimum area of 10.000 square feet. In areas where existing
platting is characterized by parcels larger than 1100.000 square feet, zoning regulations should be consistent
with such parcel sizes provided that minimum parcel sizes need not exceed one acre. In areas where
existing platting is characterized by parcels smaller than 10.000 square feet zoning regulations should be
consistent with surrounding parcel sizes. Sites large enough to be subdivided into parcels of I0.000
square feet. or larger could be zoned accordingly. but only if such zoning would be compatible with
surrounding development. (97 -TER)
Lot of Record: If the oNE-ner of a platted lot in any district does not own a parcel or tract of land
immediately adjacent to such l_ot, and if the deed or instrument under which such owner acquired title to
such lot was of record prior to the application of any zoning regulations to the premises, or if such lot
were created and first recorded in compliance with the zoning regulations in effect on the lot at the time
of recording, and if such lot does not conform to the requirements of such regulations as to the width of
H/ . �..
1Jcr,AF, -IAA !V7,FW91TY Z,>1 � E�us[TY ctl�l6Lf lie R- SPE6,41 TY Gt- 4i t RAMS ! IBIVRL
REQUIREMENT
RO
LO
MO.
NR
SR
GR
Mtn. Lot S'¢e
Net Area (sq. IL)
7,500
7.500
10.000
7.500
5.000
10,000
% .lei O
Frontage (ft)
75
75
100
75
50C
100
7S"
Mtn. Setbacks (ft)
Front
Rear
25
20
20
15
10
25
15
10b
10
20
15
Side (interior)
10
i0
0
—
—
—
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20
15
10
15
4ob
15
[ `
Ad}, Res. DisL
25
25
25
25
25
25
Z
Side(W /diveway)
20
2D
20:
20
20
20
Between Buldtngs
2D
20
2D
—
—
—
Max. BuMng Heght
Stories
2
2
4
2
4
2
W IL—
Feet
25
30
50
25
50
30
j
Max auiiding
Coverage {96)
30
—
—
—
—
Max. impervious
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75
80
85
75
90
85
d
Max Floor Area
Ratio (FAR)
0,30
070
1,50
25 11A
080
0-
a 5' setback with wall opening adjacent to rear property line; no setback if no openings in
b Applies to ground floor only; columns are permitted within the setback. Columns shall not be greater
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c The frontage requirement does not apply to uses in the SR
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