HomeMy WebLinkAboutItem #01 - First Reading Ordinancea
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MEA/C
9/30/74
AN O
THE C
CITY 0
PROVISI
ENTITL
TRICTS"
DISTRICT
OF SPD DI
FROM GENE
SPECIAL P
AND (5) CO
OF THE ZONI
SET FORTH; R
SECTIONS, OR
INSOFAR AS TH
TAINING A SE
ORDINANCE NO.
INANCE AMENDING ORDINANCE NO. 6871,
PREHENSIVE ZONING ORDINANCE, FOR THE
MIAMI, BY ADDING TO THE GENERAL
NS, ARTICLE IV, A NEW SECTION 43,
"SPECIAL PLANNED DEVELOPMENT DIS-
ROVIDING FOR (1) INTENT, (2) SPD
WHERE PERMITTED, (3) EFFECT
TRICT DESIGNATION, (4) VARIATIONS
L REGULATIONS APPLYING IN A
DEVELOPMENT (SPD) DISTRICT,
LICTS WITH OTHER PROVISIONS
G ORDINANCE, AS HEREINAFTER
PEALING ALL ORDINANCES, CODE
PARTS THEREOF IN CONFLICT,
ARE IN CONFLICT; AND CON-
ILITY PROVISION.
WHEREAS, the Pla ning Advisory Board at its meeting
of July 3, 1974, following -n advertised hearing, adopted
Resolution No. PAB 26-74 by . six to zero vote, recommend-
ing an amendment to the City •f Miami Zoning Ordinance No. 6871,
by adding to the General Provi=ions, Article IV, a new Sec-
tion 43, entitled "Special Plan ed Development Districts";
and
WHEREAS, the Commissio of the City of Miami finds
it in the beat interest of the pu.lic to add a new Section 43,
entitled "Special Planned Developm= t Districts" to the Gen-
eral Provisions in Article IV, as he einafter set forth;
NOW, THEREFORE, BE IT ORDAI 'D BY THE COMMISSION OF
ti
THE CITY OF MIAMI, FLORIDA:
Section 1. That Ordinance No. 6871, the Compre-
hensive Zoning Ordinance for the City of ami,be and the same
is hereby amended by adding to the General rovisions, Arti-
cle IV, a new Section 43, entitled "Special Planned Development
"DOCUMENT f NDEX
ITEM NO.
0U.
14.
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(SPD) DISTRICTS', as follows:
ARTICLE 43 SPECIAL PLANNED DEVELOPMENT DISTRICTS
(1) ,Intent
Within districts now existing or which may be hereafter
created Special Planned Development (SPD) Districts
may be established for specialized purposes where tracts
suitable in location, area, character and the uses and
structures proposed are to be planned and developed in
an orderly*manner consistent with the special public ob-
jectives of the.commuinity. Special Planned Development
(SPD) Districts may include (a) general areas which have
a special and substantial public interest in protection
of existing and proposed character, or of principal views
of, from, or through the area; (b) surrounding individ-
ual buildings or grounds where there is special and
substantial public interest in protecting such buildings
and their visual environment; and (c) in other cases
where special public interest requires modification or
replacement of existing zoning regulations for the ac-
complishment of special public purpose.
Special Planned Development (SPD) District regulations
are intended to accomplish the purposes of zoning and
other applicable regulations to the same or greater de-
gree as regulations in districts which are intended
to control development on a lot by lot tasis.
The further intention of the creation of SPD Districts
is to permit greater flexibility to promote the efficient
use of land to facilitate a more economic and convenient
arrangement of buildings, circulation systems, land use
utilities, and an improved level of amenities; to pro-
mote appropriate and harmonious physical development;
to promote creative and imaginative designs; to promote
preservation of natural scenic qualities of open spaces;
and to provide for more usable and suitably located re-
creation facilities and other common public facilities
than would otherwise be provided under conventional land
development procedures. It is further intended that such
districts and the regulations established therein shall
promote the objectives set forth in the comprehensive
plan as it may from time -to -time be amended, and of other
officially adopted plans of the city in accordance there-
with, and to encourage land use and development in sub-
stantial accordance with the physical design set forth
therein.
(2) SPD Districts, Where Permitted
(a) Special Planned Development Districts (SPD) may
hereafter be established by amendment to the zoning
district maps and related amendatory action where tracts
suitable in location and character for the uses
and structure existing or proposed are to be planned
according to the requirements and procedures set
forth herein.
(b) SPD Districts shall be appropriately located with
respect to intended functions of existing or proposed
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(e)
(a)
development according to the Deneral Comprehensive
Plan and other Officially adopted plans of the city.
GPD Districts may be located in areas with either
unified or separate ownership where it is demon-
strated that public objective can be better achiev-
ed through a planned development approach to zoning
to help create, enhance, or preserve an area of
special or unique interest to the community.
Planning studies for Special Planned Development (SPD)
Districts shall be initi'.ted only on request by the
City Commissicn.
(3) Effect of SPD District Designation
Such SPD Districts either:
(a)
May supplant districts or portions of districts
existing at the time of creation of a particular
Special Planned Development District; or
(b) May have the effect of modifying requirements and pro-
cedures that apply in existing districts or districts
hereafter created, and remaining after SPD Districts
are superimposed to the extent indicated in the
particular SPD amendment.
(4) Variations from General Regulations Applying in a Special
Planned Development (SPD) District
As a part of general action when plans require a recom-
mendation by the Planning Advisory Board and approval
by the City Commission, the Commission may authorize
variations from regulations generally applying in
a particular SPD District upon determination that
the plan proposed by an applicant, while not strictly
in accord with regulations applying generally within the
district, meets public purposes to an equivalent or a
greater degree.
(5) Conflicts with Other Provisions of the Zoning Ordinance
After a public hearing and upon the findings by the
Planning Advisory Board and the City Commission that the
grant of a rezoning to a specific SPD District serves
a greater public purpose as to the design of the par-
ticular plan and its relationship to the surrounding
area, it is intended that where there are conflicts
between the requirements of this section and other pro-
visions of the zoning ordinance, the provisions of this
section and the particular SPD District shall apply.
Section 2. That all laws or parts of laws in conflict
herewith, be and the same are hereby repealed insofar as they
are in conflict.
Section 3. If any section, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared
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to be unconstitutional, inoperative, or void, such holding
or invalidity shall not affect the remaining portions of
this ordinance, and it shall be construed to have been the
intent of the Commission of the City of Miar.j. to pass this
ordinance without such unconstitutional, invalid, or inoper-
ative part therein; and the remainder of this ordinance, after
the exclusion of such part or parts shall be deemed and held
to be valid as if such parts had not been included therein.
PASSED ON FIRST READING BY TITL:: ONLY this
day of , 1974.
PASSED AND ADOPTED ON SECOND AND FINAL READING
BY TITLE ONLY this day of , 1974.
MAYOR
ATTEST:
CITY CLERK
PREPARED AND APPROVED BY:
L.
MICHEL E. ANDERSON
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
JOHN S. LLOYD
City Attorney
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