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HomeMy WebLinkAboutItem #01 - First Reading Ordinancea 3 4 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 • 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 •. 36 (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 - Page 2 of 4 - (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 - Page 3 of 4 - 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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 - Page 4 of 4 -