HomeMy WebLinkAboutCC 1973-03-16 Discussion ItemCli? o, MIAMI. Mt:IRMA
IN?ER.OPF ICE McMORANDuM
Honorable Members of the OATS: MAR 1 6 1972
City Commission
M. L. Reese
City Manager
MILS:
suRJtcT: Planned Development Ordinance
RERERENCtIt!
%� / ENCLOSURES:
During the "Plaza Venetia" public hearing before the City Commission, the
Commission expressed a great interest in the Planning Department's
recommendation for a "Planned Development" amendment to the Zoning
Ordinance which would allow the "Plaza Venetia" project to be processed
under the correct zoning framework.
The attached report by the Planning Department has been transmitted to
the Planning and Zoning Board and would create a "Planned Development"
amendment to our Zoning Ordinance.
The public hearing on this amendment will be held on March 20, 1972, by
the Planning and Zoning Board.
Attachment
FROM:
cot
CITY OF MIAMI. FLORIDA
INtEFt•OFFICE MEMORANDUM
Mr. David Simpson, Jr.
Executive Secretary
Pla ing and Zoning Board
•e,rg . to• Jr.
rector, ping Departure
DATE: March 17, 1972
FILE:
SUBJECT: Planned Development Ordinance
REFERENCES:
ENCLOSURES:
611011111111811111
The product of our man made environment is largely the result of rigid zoning
controls. While serving as a framework for lot -by -lot development these regula-
tions have evolved to diminish the utility of meaningful open space, essential set-
back treatment along the bayfront and other community needs that could be resolved
with greater flexibility. The urgency of greater collaboration with the private sector
presents itself firmly in the core city today. Renewal and rehabilitation have become
the design constraints for change. With little vacant land available and the promise
of mass transportation remote, provisions to marshal be tter development have
become more essential.
The concept of the planned development (PD) has surged in popularity over the last
several years resulting in communities of all sizes adopting variations of the PD
into their zoning ordinances. PD's depart from traditional zoning in three ways:
(1) PD's apply to entire developments rather than to individual
lots. The regulations provide for the calculation of densities
on a project basis and permit other adjustments based on a
unified plan for the total area.
(2) PD regulations modify the traditional self-executing form of
zoning regulations by permitting the exercise of official dis-
cretion when the development is proposed.
(3) PD regulations may also represent a modification of traditional
use districting. Many regulations provide for "mixed" residential
developments or commercial as well as residential uses.
Essentially the PD ordinance combines zoning and subdivision procedures to allow
the developer more flexibility, relieving him from some of the rigid standards of
conventional ordinances, but at the same time to provide purchasers and the com-
munity -at -large with developments whose efficiency and amenity equal or surpass
those done under traditional zoning. A PD ordinance further encourages high quality
of development through site -plan review over each large-scale project.
Page 1 of 2
r. David Simpson, Jr.
March 17, 1972
There are many advantages of adopting PD regulations into a local zoning ordinance.
First, many desirable design innovations are poisible. Perhaps the float important
is that PD permits the unified treatment of site design. Second, lower costs are
often afforded the developer when higher densities are permitted setting aside common
open space. Third, more useful open space can be created under some planned
developments, devoting less area to individual lots and "saving" the land to be set
aside as common open space for use by all project residents. Fourth, some planned
development provisions eliminate distinctions among residential building types and
permit more variety in development. Fifth, some provisions permit net densities
in planned development even greater than those otherwise allowed by the zoning ordinance
or with clustering by allowing density increases with superior design but with no re-
duction of amenities.
As exciting as PD ordinances are, they involve some issues which require the careful
attention of local officials: innovation in the regulatory structure; administrative
difficulties --keeping administrative discretion within limits; building in stages;
handling necessary changes in plans; giving interested parties proper opportunities
to be heard; and relation of planned developments to the comprehensive plan.
To provide a framework for departure, the Planning Department has prepared the
attached proposed "planned development" amendment to our Zoning Ordinance.
GJA :R OW: vb
attachment
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Add a new ARTICLE XXI-1, PLANNED DEVELOPMENT (PD)t
Section 1. - INTENT
Within districts now existing or which may be hereafter created, it is
intended to permit as a conditional use, on application and on approval of
detailed site, use, and building plans, creation of new planned developments
(PD) for specialized purposes where tracts suitable in location and character
for the uses and structures proposed are to be planned and developed as units.
Suitability of such tracts for the plans and development proposed for the PD
shall be determined by reference to the comprehensive plan, applicable
development plans which have been adopted, and the existing and prospective
character of the surrounding development.
Regulations for such unified planning and development are intended to accomplish
the purposes of zoning and other applicable regulations to the same degree as in
instances in which regulations are intended to control development on a lot -by -lot
rather than a unified basis, and to promote economical and efficient land use, an
improved level of amenities, appropriate and harmonious variety in physical
development, creative design, and a better urban environment. In view of the
substantial public advantages of planned development, it is the intent of this
section to promote and encourage development in this form where appropriate in
location and character.
It is intended that where there are conflicts between the requirements of this
article and the provisions of this Zoning Ordinance or other applicable City
codes or ordinances, the provisions of this section shall apply to PD's unless
it shall be found in the grant of conditional use in the particular case that
(1) the provisions of this section do not serve the public purposes to a degree
at least equivalent to the provisions of this Zoning Ordinance or other applicable
City ordinances or regulations, or (2) actions, designs, or solutions proposed,
although not literally in accord with either the requirements of this section or
the provisions of this Zoning Ordinance or other applicable City ordinance and
regulations, satisfy public purposes to at least an equivalent degree.
Section 2. - DEFINITION OF PLANNED DEVELOPMENT
For the purpose of this ordinance, a planned development is:
(1) Land under unified control, planned and developed as a whole, in a
single development operation or a programmed series of development
operations, including all lands and buildings.
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rovisions o i_
(2) For principal and accessory structures and uses substantially related to
the character of the PD of which it is a part.
(3) According to comprehensive and detailed plans which include not only
streets, utilities, lots or building sites, and the like, but also site plans,
floor plans and elevations for all buildings as intended to be located,
constructed, used and related to each other, and detailed plans for other
uses and improvements on the land as related to the buildings, and
(4) With a program for provision, operation and maintenance of such areas,
improvements, facilities and services as will be for common use by some
or all of the occupants of the PD, but will not be provided, operated or
maintained at general public expense.
Section 3. - PLANNED DEVELOPMENT: WHERE PERMITTED
Planned Development may hereafter be established in existing zoning districts,
where tracts suitable in location and character for the uses and structures
proposed are to be planned and developed as units, according to the requirements
and procedures set forth in this article. PD shall be appropriately located with
respect to intended functions and the pattern of development existing or proposed
in the general plan, or other officially adopted plans, and to public and private
facilities and services, existing or clearly to be available by the time develop-
ment reaches the stage where they will be required.
Section 4. - LOCATION STANDARDS FOR PD'S
In reaching recommendations and decisions on the granting of a conditional use
PD, the following locational standards shall be used:
(1) Relation to major transportation facilities
Except as otherwise provided in specific district regulations, PD shall
be so located with respect to local streets, collector streets, minor
arterials or major arterials, or other transportation facilities as to
provide direct access to such districts without creating or generating
traffic along local and collector streets in residential neighborhoods or
other districts outside the PD.
(2)
Relation to public utilities, facilities and services
PD shall be so located in relation to sanitary sewers, water lines, storm
and surface drainage systems and other utilities systems and installations
Page 2 of 8
(3)
that neither extension nor enlargement of such systems will be required
in manner, form, character, location, degree, scale or tithing resulting
in higher net public cost or earlier incursion of public cost than would
development in forms generally permitted under existing zoning for the
area. Such districts shall be 3o located with respect to necessary public
facilities as to have access to such facilities in the same degree as would
development permitted under existing zoning, and shall be so located,
designed and scaled that access for public services is equivalent to,
and net cost for such services is not greater than, access and net costs
for public services for development as permitted under existing zoning.
However, if applicants will (a) provide private facilities, utilities or
services approved by appropriate public agencies as substituting on an
equivalent basis, and assure their satisfactory continuing operation, per-
manently or until similar public utilities, facilities or services are avail-
able and used, or (b) make provision acceptable to the City for off -setting
any added net public cost or early commitment of public funds made
necessary by such development, location of the PD may be approved.
In computing added net public costs, difference in anticipated public
installation, operation and maintenance costs and difference in anticipated
public revenue shall be considered. Expenses involved in making such
determinations as may be required in establishing added net public costs
shall be paid by applicants. Determinations shall be made by the City or by
experts acceptable to the City.
Physical character of the site; relation to surrounding property
The site shall be suitable for development in the manner proposed without
hazards to persons or property, on or off the tract, from probability
of flooding, erosion, subsidence or slipping of the soil, or other dangers,
annoyances or inconveniences. Condition of soil, ground water level,
drainage and topography shall all be appropriate to both kind and pattern
of use intended.
Section 5. - MINIMUM PD AREA
It is the intent of this article to encourage the assembly of land into larger
parcels in order to achieve a better urban environment. To qualify for a
planned development application, a tract of land shall possess not less than
three (3) acres. Lesser areas may be granted approval where particular
circumstances warrant such reduction, based upon the findings of the Plan-
ning Department, Planning and Zoning Board and City Commission. Findings
Page 3 of 8
that justify such a reduction, permitting lesser area for planned development
shall be in conformity with the Comprehensive Plan or other officially adopted
plans.
Section 6. - PD USES, DENSITY AND BULK
Permitted principal and accessory uses, density and bulk in the PD shall
be the same as allowed in the particular zoning district or districts in which
the PD site is located. Variations from this shall be allowed only if it is con-
clusively found that the deviations are necessary or justified in the particular
case by demonstrating that the public purpose of the PD or general regulations
as applied to the particular case would be met to at least an equivalent degree
by such modification. Particular public purposes include, but not limited to:
(1) dedication of waterfront public easements at least twenty feet in width,
(2) providing of public usable open space through the provision of plazas, parks,
and walkways, (3) private renewal and redevelopment that creates a better urban
environment through the assembly of land and clearance of obsolete, blighted or
undesirable building and/or uses, (4) preservation of historical structures and/or
areas, (5) protection and enhancement of views for the public, especially bayfront
or riverfront, and (6) provision of terminal facilities for off-street parking of
automobiles and service vehicles.
Section 7. - PROCEDURES FOR SECURING APPROVAL OF A PLANNED DEVELOPMENT
(1) Pre -application Conference
(2)
Before submitting an application for a planned development, an applicant
shall confer with the Planning Department to obtain information and guidance
before entering into binding commitments, or incurring substantial expense
in the preparation of plans, surveys and other data.
Application for PD
An applicant applying for PD shall submit to the Planning and Zoning Board
an application for conditional use PD. The application shall be accompanied
by the following documents and information:
(a) The evidence of unified control of the proposed PD to effectuate the
proposed plan including a statement of all the ownership and beneficial
interest in the tract of land and the proposed development.
(b) A survey of the tract to be developed showing existing features of the
property ind uding streets, alleys, easements, utility lines, existing
land use, general topography and physical features.
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(c) Site development plans containing:
1) the title of the project and names of the professional project
planner and the developer, 2) scale, date, north arrow, 3) location
and arrangement of all existing and proposed structures, 4) proposed
traffic circulation pattern within the develoiment, 5) areas to be
developed for parking, 6) the points of ingress and egress, 7) the
relationship of abutting land uses and zoning districts, 8) proposed
lots and blocks, if any, 9) locations of different uses proposed by
dwelling types, open space, recreational facilities, commercial
uses, other permitted uses, and off-street parking and off-street
parking locations, 10) a statement of anticipated residential density
or other commercial or industrial uses (when applicable), the
proposed total gross floor area, and the percentages of the develop-
ment to be occupied by structures, 11) where required, an ecological
survey in accordance with standards of the Florida Department of
Natural Resources, 12) preliminary drawings of proposed structures
and landscaping.
(d) When a planned development is to be constructed in stages or units,
a schedule of development shall be submitted. No such stage or unit
shall have residential density that exceeds by more than 20% the
proposed density of the entire planned development. When a planned
development provides for common open space, the total area of com-
mon open space provided at any stage of development shall, at a
minimum, bear the same relationship to the total open space to be
provided in the entire development.
(e) When it deems necessary, the Planning Department, Planning Board
or City Commission may require:
(f)
1. Traffic survey setting out and analyzing the effect that the PD
will have on traffic in the streets adjacent to and in the vicinity
of the proposed development.
2. Economic feasibility study.
When a PD includes provisions for common open space, or recreational
facilities, a statement describing the provision that is to be made for
the care and maintenance of such open space or recreational facilities.
If it is proposed that such open space be owned and/or maintained by
any entity other than a governmental authority, copies of the proposed
articles of incorporation and by-laws of such entity shall be submitted.
Page 5 of 8
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(g) Copies of any restrictive covenants that are to be recorded with
respect to property included in the Pb.
(3) Action on Preliminary Development Plan
After receiving the application, the Planning Board shall submit the
documents to the Planning Department and the Urban Development
Review Board for review and recommendations. The Planning De-
partment shall refer it to other city departments and the street and
plat committee for review as to compliance with other city standards
and regulations. The purpose of such review shall be to bringthe PD
as nearly as possible into conformity with these or ether regulations
applying generally to the property involved and/or to define specifically
the variations from application of general regulations which appear
justified in view of equivalent service of the public purposes of such
regulations. During the review the Planning Department and other
departments or committees may request the applicant to appear to
confer on the development plan. During such conferences any recom-
mendations for changes or disagreements by the applicant shall be
recorded in writing and become a part of the record.
(4) Platting Requirements
(a) All lands encompassed by a PD shall be platted or replatted in
accord with the procedures and regulations set forth by this
Zoning Ordinance and other ordinances and codes of the City
of Miami.
(b) The platting or replatting required for PD shall be carried out
simultaneously with the review procedures as set forth in this
article.
(c) If it is determined during the review process that the approval of
a tentative plat is necessary prior to further review, it shall be
done prior to the PD being submitted to the Planning and Zoning
Board for public hearing.
(5) Planning Department Findings
Within 30 days after receiving the application, the Planning Department
shall recommend (a) approval of the application as submitted, (b) approval
with modifications, (c) disapproval of the proposal.
Page 6 of 8
INV
The recommendations of the Planning Department shall include findings
of fact and shall set forth the reasons for the recommendation specifying
with particularity in what reaped§ the proposed PD would or would not be
in the public interest, including but not limited to findings of fact and
conclusions on the following:
(a) as to its suitability of the tract for the proposed PD in terms of its
relation to the comprehensive plan or other officially adopted plans,
physical characteristics of the tract, and its relation to the sur-
rounding area and existing and probable future development.
(b) as to its relation to major transportation facilities, utilities, public
facilities, and services.
(c) as to its locational standards as set out in Section 4.
(d) as to the extent to which the PD departs from zoning and other
regulations otherwise applicable to the subject property, including
but not limited to bulk, density and use, and the reasons why such
modifications are necessary or justified in the particular case by
demonstration that the public purpose of the PD or general regulations
would be met to at least an equivalent degree by such modification.
(e) as to the adequacy of evidence on unified control and agreement, or
other instruments.
(f) as to the nature and extent of the common open space in the PD, the
reliability of the proposals for maintenance and conservation of the
open space, and the adequacy or inadequacy of the amount and function
of open space in terms of densities, dwelling types, and bulk.
(g) as to the case of a PD which proposed development over a period of
years, the sufficiency of the terms and conditions proposed to protect
and maintain the integrity of the PD which finding shall be made after
consultation with the City attorney.
(h) as to its conformity with all applicable provisions of this article.
(6) Planning Board Action and Findings
The Planning Board shall within 30 days after receiving the Planning
Department's report hold a public hearing on the application. Such
public hearing shall consider all aspects of the Planning Department's
findings, and of the proposed PD. Within 30 days after the last public
hearing on such plan, the Planning Board shall prepare and transmit
to the City Commission specific findings of fact together with its recom-
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•
mendations. The Planning Board may recommend approval of the PD
as proposed, approval conditioned on stated modifications, or disapproval.
(7) Action by the City Commission
The City Commission shall either grant the application, with or without
modification, or deny such application. If the conditional use PD is
granted, the area of land involved shall be designated as a conditional
use planned development by resolution, and such resolution shall incorporate
the development plan, including any condition or restriction that may be
imposed by the Commission.
(8) Effect of Approval
The plan as approved together with the conditions and restrictions imposed
shall constitute the conditional use PD zoning on the land, and no building
permit shall be issued except in conformity with all provisions of the
grant of conditional use. The terms of the grant of conditional use shall
be binding upon the applicant and any successors in interest during any
time period specified as a safeguard in the granting of the conditional use.
(9) Changes in Development Plans
Changes in plans approved as part of the grant of conditional use may be
permitted by the City Commission upon application by the petitioner or his
successors in interest, but only upon a finding that any such change or
changes are in accord with all regulations in effect when change is requested
and the general intent and purpose of the comprehensive plan in effect at
the time of the proposed change. Changes other than those indicated above
shall be made only by a new petition for PD, provided that in case of a new
petition for PD, any special PD fees shall apply only to the area immediately
involved in the proposed change.
(10) Expiration of Time Limits on Grant of PD Conditional Use
If development actions required by the grant of conditional use are not taken
within any time limits set in the grant of conditional use, the Planning
Board shall review the circumstances and recommend to the City Commission
that (a) revised time limits be set; or (b) that the grant of conditional use be
canceled. Recommendation under (a) shall include proposals for appropriate
action in respect to any legal instruments involved in the case.
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