HomeMy WebLinkAboutO-08057' ORDINAivCE NO.. .
8657'
AN ORDINANCE Ar E1NDINO ORDINANCE No, 66/1,
THE COMPREUI;NSIVE gO: INO dRDINANCE Inc R THE
CITY OP MIAMI, BY ADDING A NEW ARTICLE t=
PLANNED. AREA DEVELOPMENT (PAD)) AS t EREINA 'TER
SET PoRTH, PtiRTAININd TO THE CREATION OP t NEW
ZONING DISTRICT To BE CALLED A PLANNED AREA
DEVE ,PHEW (PAD) , To Et PE tM/T `ED AS A
"CoNn/TIONAL USE" UPON APPLICATION; REPEALING
ALL LAWS IN CON `LICT HtRtWITN; AND PROVIDING
rOR A SEtERAEILITY CLAUSE HEREIN.
WHEREAS, the Planning and Zoning Board of the City of
Miami, at its meeting held on March 27, 1972, passed and
adopted by a 6 to 3 vote its Resolution No 72-79, recommend-
ing amending Ordinance, No. 6871, by adding a new ARTICLE XXI-1,
PLANNED AREA DEVELOPMENT (PAD), ashereinafter set forth; and
WHEREAS, it it deemed advisable in the best interest
of the general welfare of the City of Miami and its inhabitants.
to amend Ordinance No. 6871, as hereinafter set forth;
NOW, THEREFORE, SE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. That Ordinance No. 6871, the Comprehensive
Zoning Ordinance for the City of Miami, be andthe same is
by amended by adding a new ARTICLE xXI-1 - PLANNED AREA DEVELOP-
MENT (PAD), pertaining to the creation of a new zoning district
to be called a PLANNED AREA DEVELOPMENT (PAD) , to be permitted
as a "Conditional Use" upon application, to read as follows
-1-
' CL xx - i PLANNED AAA : bE LOgN ( PAD )
Section I. fNTENt
Witham distridts riow a tist ng or whidh may hereafter
be created, it is: intended to permit as a Conditional:
Ude, on application and on approval of site,
use Arid building plants, creation of new planned Area
Developments (PAD) for f le cibie comprehensive develops
merit purposes where tracts Suitable in iodation 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 PAD shall
be determined by the City Cottiritission upon reference to
the comprehensive plan, applicable development plats
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 thepurposes of zoning and other
applicable regulations to an equivalent or greater degree
as in instances in which regulations are intended to control
development on a:lot-by-lot rather than a unified basis,
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. Flexibility in the arrangement of structures,
open space, and the pedestrian 'and .vehicular circulation`
pattern is permitted in order to encourage the best
utilization of the landon which the development is being
constructed. In view of the substantial public advantages
of planned area development, it is the intent of this Section
to promote and encourage development in thisform where
appropriate in location and character.
Section 2. - DEFINITION OF PLANNED AREA DEVELOPMENT
For the purposes of this ordinance, a planned area develop-
ment is:
(1) Land under unified control for development purposes,
planned anddeveloped as a whole, in a single develop-
ment operation or a programmed' series ofdevelopment
operations, including lands, buildings,structures,
uses and densities,
(2) According to comprehensive and detailed plans satis-
factory to the City Commission, which may, include
plans detailing streets, utilities, lot or building
sites, and the like, and also site plans, floor plans
and elevations for all buildings' as intendedto 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,
(3) With approval by the. City . Commission as to;
(a) Concept, uses, density, location, open space
relating to comprehensive and detailed plans,
Streets,' utilities, lot; or building sites,
site plane, open apace areae and eleVations
for all bUildinge as Littefided to, be located,
cohatzucted, used in relation' to' each other,
and detailed .plans for other uses and. improve?
vents on:the land'as related to the'buildings.
(c). A program for provithon,.:operation and mainten—
attce 'Of such . areas, ' i iprovements > facile ties and.
tervices' as - will. be for commOii use by tome it all
_
of the occupants -of the PAD, but will. not be
provided, operated or maintained, at generai;public
expense.
Section 3 . PLANNED AlltA LOPM NT :. W1EV8 PE tMIT=
(7.)
(b)
Planned Area Development May hereafter be established
in existing zoning districts, or over'a combined area
of several zoning districts, or such districts as may.
be determined by the City Commission pursuant to a
PAD application, where tracts suitable in
location and character: for the uses and structures
proposed are to be planned and developed as a PAD,
according to the requirements and procedures set forth
in this Article. In consideringa,PAn, among the criteria:
to be used shall be thelocation and nature of the PAD
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 development reaches the
stage where they will be required.
(2) The location of the Planned Area Development shall
be designated on the zoning map by the designation
"PAD" followed by the proper designation of the,
existing zoning district or districts. Examples are:
PAD-R-1, PAD-R-2,;PAD-C-1.
Section 4. - STANDARDS FOR PAD'S
In reaching recommendations and decisions on the
granting of _a Conditional Use PAD, the following.
standards shall be used:
(1) Location
(a) Relation to major transportation facilities
The criteria tobe considered for location of
a PAD is its location with respect to local
streets, collector streets, minor arterials
or major arterials, other transportation facili-
ties, or the creation thereof, so as to provide
direct access to such districts thereby minimizing
the creation orgeneration of traffic along local
and collector streets in residential neighborhoods
or other districts outside the PAD.
(b) Relation stet publictiititadilitiet and
ddrVides
The criteria to be contidered ih the location of
a t1.413 ih relation to sanitary tewert, water lihd80
storm and turface drainage tystett and other
utilities, syttemt tind inataliationt it such
information at will allow the determination at
to whether the extension or enlargeteht of such
systems ih manner) fOrM, CharACtet, lodAtiohp
degree, scale or timing, may retult ih
higher het public cost or earlier incursion
of public cost than would development ift
formt generally permitted under eating
zoning for the area, Such PAID districts shall be
so located with respect to necessary public
facilities as to have access to such facilities
in the same degree at would development
permitted under existing zoning, and shall
be so located, designed and scaled that access
for public services is equivalent to, and net
costs for such services is not greater than,
access and net costs for public services for
development as permitted under existing zoning,
A further criteria is the applicant's agreement
to (1) provide adequate and appropriate facilities,
utilities or services approved by the City Com-
mission to meet the needs arising out o'f. the PAD,
and assure their satisfactory continuing operation
permanently or until appropriate public utilities,
facilities or services are available and used, or
(2) make provisions acceptable to the City Com-
mission if required for off -setting any added net
public cost or early committment of public funds
made necessary by such development.
Expenses involved in making such determinations
as may be required in establishing the foregoing
information shall be paid by applicants. Final
determination of these matters shall be made by
the City Commission.
(c) Physical character of the site; relation to
surrounding property
The site shall be suitable for development in the
manner as approved under the South Florida Building
Code and the applicable State, County and City laws.
(2) Minimum 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
Area Development application, a tract of land shall
possess not less than three (3) acres, Application for
areas of less than three (3) acres may be submitted for
approval, whore the area is distin9uished from the
PUrroundjpng area by natural or manmade n,zrriers, such
As rivers, canals, other water areas, streeta, etc. 7he
approval of 4n application for an or..73 threo (3)
acres shall 'aa badon the area's un4q...3enQs,.; ana
ability for A Planned Area DAW64744maAt v.1-,:tu,e1 of its
historica3 character, topography, ecolol:cal. natural
or other unusual features,
(a)
Uses j Density, -°Open•Space aid -r hoof A
Within a Plahned Area bevelOpmentany principal:
anti accessory use, density, Open tp& a and € :o6r
area ratio and other regulations is pertittted 'wh:h
is already permitter i the eMisting- tohirg district
of distridts or PAD bistridts as tray be determined: sy •
the dity Co imission ,pursuaht to a PAD application; in
which sudh Planned, Area Development is'iodated, Zile
distribution of these permuted prindipal and addettory
uses, density, open space. and door area ratio, arid.
other regulations or deviations . therefrofi; ,shall riot.
be affected by existing zoning regulations', but shall
be subject to the' approval of the City Commission.,
Deviations -from. the permitted -principal and acres"sory
irises, 'density, open space and floor area ratio arld other
regulations,• maybe granted upon approval of.a PAD
Conditional Use application by the -City Commission.
Criteria - to be considered by'the,City commissionfor.
approval of deviations, as described'above may include
but are:not limited'to: (a).private renewal and.re-
development that creates a better urban environment
through the assembly of land, (b) providing of public
usable open space, through the provision of plazas, parks,
and.walkways, (c) clearance of obsolete, blighted or
undesirable building and/or uses, (d)'dedication.of water-
front public easements at least twenty feet in width,
(e) protection and enhancement of views for tho public,
especially bayfront'or riverfront, .(f) preservation'of,
historical structures and/Cr 'areas,,(g) provision of
terminal. facilities for off4street parking of automobiles
and service vehicles, and (h) and other public benefits.
Section 5. - PROCEDURES-FOR•SECURING- APPROVAL'OF A PLANNED AREA DEVELOPMENT;
(1) Pre -application Conference
Before submitting an applicationfor a planned area
development, an applicant may confer with the Planning.
Department to obtain information and guidance before
emtering
into
preparation of incurring sub-
stantial or in
s t �p p p plans, surveys
andother data; however, no statement or representation
made prior to the official review, shall be binding on the
Planning and Zoning Board, the City Commission or other
City Departments.
Application for PAD
An applica.it applying for . PAD shall submit to the
Planning and Zoning Board an application for Conditional
Use PAD. The application shall be accompanied by the
following dOquments and information;
(a) The evidence of Unified control, of the 31� ;)rQ,u d
PAS to' effeCtUats the proposed plan A
stat4'i'1'Ynt. o„ all the ownersh ,p
inters t in the • t 'aot of land and
deve .: pment
(b) ASurUs:"f 9fe t174ct to be 4ovelo l'4�#' g.'j '.w.i
f “tare.$ of the €operty ini, ag .n
eeap went$, utility Bred, o a, t;ing 'land t;,e c .Qr4;
tF,pog apby and pkayOical* f to ; i
4) bite develep iefit plans containing:
'(1) the title of the projee t anc - names tiie
proliessional project plahnCr and the- developer,
cd(e�ioW, ocatiiii ete
arrangementoalleXist3�g aic-�oposedsiac uros,
(4) prcposed.traffic ci°culAt el patterh Within the
development, ). .areas to be developed for. parki:t0,
0) the -,point' of -in-vets- and ' g dAt . ( ) the
teiati$iiship of abutting land Uses and caning
districts, (8) proposed lots and b'lae)cs, if, any,
(0) loaatioris of different uses proposed by dweii.ing
types, open space., recreational A.a'cilities, eoi '
meteiai uses, other periitted.utes, and offfttreet
parking, (ib) -a statement of aiitidpated residential
density or other commercial or industrial' uses (When
applicable), the proposed total gross -
and the pt'ecentages of the'deveiopment to be occupied,
by structures , (11) where required by ' 1aW . Or bar the
City Commission, an eCb1Ogioal survey in accordance'
With standards of the Florida bepartMent.of Natural,
resources, (12) preliminary drawings of proposed
structures and landsoapi ig.
(d)When a planned area development is to be constructed.
in stages, a schedule of development shall be sub-
mitted. No such stage shall have residential density
that exceeds by, more than 10% the proposed density of
the entire planned area development. When a planned
area development provides for common open space,the
total area of improvedcommon 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:
(1) The Planning Department, Planning Board or City
Commission may require a traffic survey setting
out and analyzing the effect that the PAD will
have on traffic in the streets adjacent to and
in the vicinity of the: proposed planned area
development.
(2) The City Commission may require an economic
feasibility study.
(f) When a PAD includes provisions for cornirion open space,
or recreational facilities, a statement describing
the provision that is to be made for the care_ and
maintenance of such open space orrecreational facili-
ties. Satisfactory provisions shall be made to assure
that non-public areas and facilities for the common'
use of occupants of a PAD, but not in individual
ownership of such occupants, shall be maintained in
satisfactory manner without expense to the taxpayers
of the City of Niami.
Such maybe provided by the incorporation of an auto-
matic ,membership home association for the purpose of
continuously holding title to such non-public areas
and facilities, and levying assessments against each
individual owner, whether improved or not, for the
purpose of paying the taxes and mai.nt,..nit ; such non-
public areas and facilities, which nay include, but
not be limited to, recreational areas o - stroet
parking areas, walkways, lighting Ind r:r; .a,'-—: 'pen
(3)
and ndsc aped, areas r Sudh, assess iterits shall. be
a lied Siiperi iY 'to ai 1 others inc ltxdi iigy b :it not
1:ithited toy ntortgar, e Liens ga`s'e and eksept tak
liens:' the methods t a'y' be aede tabi e if' the wine
positively provide for the peopef and eoi tihtioUS
payment of ,taxes and maintehan e 'Without eti.pens to
the taxpayers.of the. pity of Miamil she -ihetethhent,
indOrporating such 'provisit nt shall.' be approved by
the it Attorney as to form and 'legal su id enoy
before submission to the City Comission, and s1:ail
*.upon appoval of the "donditi final. ttse" for, a Piroi
by the City Co,=nttiission, recorded in the public iieco'ds
of bade County, pl.orida.
(g) dopies of any restrictive covenants that are to be
recorded'with respect to property included in the'PAD.,
Action -.on ?relirni,na `Y..D
eye,lopme.nt.:__11 n
After receiving the application, the Planning Board shall
submit the documents to the Planning Department and the
Urban Development Review Board for review, findings and
recommendations. The -Planning Department and Urban
Development Review Board shall report their findings and
recommendations within thirty (30) days'from the date of:
'receiving the application. This review shall be concerned
with the criteria as set out in Section '3 and.4'hereof.
During the review, the Planning'Department may request
the applicant to'confer on'the-PAD concerning any suggested -
changes in the. original proposal, and/or additional infor!7!
mation'necessary to make essential findings.. In the course.
of the conferences, any agreements or disagreements between
the Planning Department and'the applicant'shall be recorded
in writing' andshall become a part. of the record. .The
thirty (30) day time limit set forth above shall not -be;
extended for, this purpose.
(4) Platting Requirements
(a) If it is determined by the City Commission that
the approval of a tentative plat is necessary prior
to a final determination on the PAD application, the
City Commission may require the same.
(b) In all other instances, lands encompassed by a PAD
may be platted or replatted in accordance with the
proceduresand regulations set forth by this zoning
Ordinance and other ordinances and codes of the
City of Miami, and the development plan.
(.� Planninge.partMent�indi
Within thirty (30) days aftc i3 reeeiving thd. application,
the Planning Department shall redot end (a) approval
of the application : as submitted, (b) approval with MOdim
fidationS, (d) disapproval of the proposal.
The redonmendations of the Planning Department shall
include findings of fact and .Shall set forth the
reasons for the recommendation in specific, including
but not limited to findings Of fact and dendiusions on
the following
(a) as to the suitability of the tract for the
proposed PAD in terms of its relation to the
comprehensive plan or other officially adopted
plans, physical characteristics of the: tract,
and its relation to the surrounding area and
existing and probable future development.
(b) as to the standards as set out in Section (4) ,
(C) as to (1) its conformity with applicable coning
or otherregulations, or (2) the extent to which
the PAb departs from zoning and other regulations
otherwise applicable to thesubject property,
including but not limited to density, use, floor
area ratio, open space, and the reasons why such
modifications are necessary or justified in the
particular case by demonstration that the public
purpose of the PAD would be met to at least an
equivalent or greater degree by such modification.
(d) as to the adequacy of evidence on unified control
and agreement, or other instruments.
(e) as to the nature and extent of the common open
space in the PAD, 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 floor area ratio.
(f) as to the case of a PAD which proposed development.
over a period of years, the sufficiency of the
terms and conditions proposed to protect and
maintain the integrity of the PAD which finding:
shall be made after consultation with the City`
Attorney.
(g) as to its conformity with all applicable provisions
of this Article.
Planning Board Action and Findings
The Planning Board: shall within thirty (30) days after
receiving the Planning Department'sreport hold a public
hearing on the application.' Such public hearing shall
consider all aspects of the Planning Department's
findings, and of the proposed PAP. within thirty (30)
days after the last public hearing on r:.uch ri qn, the
Planning Board shall. prepare and transmit; o the City
Commission, specific € ndi.ngs of fact tot'togetor with its
recommen, atio s . The Planning 1iO4-d t,t y r : ,:,::T,i:Iacna
app.ova.. of the PAP as proposed, ;approval ccndi.t .oned
on Ot4te4 A.QdifiCAtiQAS, or digapprova1,.
(7)
(8)
AC t'iOn _b
dit
do Fission
The dity CS iftissio t small either grant the app .iCationl
With Or without modification, or deny such application.
If the donditianal tse PAD is granted, the. area of land
i1Wb Ved shall be designated as a Conditional dad
Planned Aida nevolOpment by resolution, and such
resolution shall incorporate the development plan,
including any catd, tin or restriction that nay be
inposed by the City Ootririiissians
tifect of_Approval
The plan as approved together with the Cbnditio:is and
restrictions imposed shall constitute the Conditional
Use PAD toning 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.
Expiration of Time Limits on Grant ° of PAD Conditional Use
If development actions required by the grant of Conditional
Use are not taken within any time limits set in the grant
of ConditionalUse, the Planning Board shall review the
circumstances and recommend to the City Commission that
(a) revised time limitsbe set, or (b) that the grant of
Conditional Use be cancelled. Recommendation under (a)
shall include proposals for appropriate action in respect
to any legal instruments involved in the case.
Section,6 - CHANGES IN DEVELOPMENT PLANS
Changes in plans approved as part of the grant of
Conditional Use may be permitted 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 a-i purpose of the
comprehensive plan in effect at the .i.me.of the proposed
change.' Changes other than those indicated above shall
be made only by a new petition for PAD.
Section 7. - CONFLICTS
After public hearing and upon the findings by the Planning
Board and City Commission that the grant of a Conditional
Use PAD in the particular case servesa greater public
purpose as to design of the particular plan' and its
relationship to the surrounding area, it is intended that
where there are conflicts between the requirements of this
Article and other provisions of this zoning Ordinance, the
provisions of this Article shall apply.
(9)
Section 2, That all laws, or parts 6f laws,
conflict herewith, be and the same are hereby repealed
insofar as they are in conflict,
Section 3. ft is declared to be the legislative
intent of this body that if any section, subsection, sets
tence, phrase or provision of this Ordinance is held invalid,
the remainder of the Ordinance shall not be affected.
PASSED on first reading by title only this 20th
day of April , 1972.
ATTEST:
PASSED AND ADOPTED on second and final reading by title
4th day of May
, 1972.
DAVID T. KENNEDY
MAYOR
H.D. SOUTHERN
CITY CLERK
clerk of the� of Aii>`c-� ?.�
bgray Y
b certify that on the %mod. y of
1. D. 19 7 a fall.; true and correct. Dopy of the
:above anti foregoing' ordinance wso posted et the South.
Door of the Dias Joanty Coart Sonee at the place
provided tornotices and, publications by attaching
paid°'oapy'to the place provided thorefor•
W1TiI9 eiy hand an -the official seal of eeiA -
Oity tbia ,„„ ..,,(p,.,t '-.'
c- l ,,, d�� at, .. _ , Jt p. 19 t l �-'
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MIAMI PrileW
ANB 'BAtLY I ECAE B
riabrithog Nat Atipt §tift elq athi'
Chat flb i a
Mai fiat to taatay, Piatiiia.
WrAf€ 6P MAi6A
tbUN1YY er DAbbt
oaten IPA tmRdlrttigiied iuthaii gereaneily a�
hared Martha biabhte W I1b bh oath bAy3 th6t the
6 ti * flit:* _ Mengel Of the Mherni ReVrew 'And
Deily. . Re'e6rd,_ A deily (ekt *bt seturd*y, SU dAti And
Leiat Hbltdey1 heWel5apet PUblishetf it Miafili In
Dade 'c6Unty, FIbridei that the 6ttaehed tbtly bf 3dver
tI li*Rt, belnt� 'A Leger Adventsefheiit Hr notice In
the Metter'bf AtIoption Di. Ordinance Noe 80S7
'118: Creation or Nev 2onitlg flierict to
be milled a PIANN80A A DEVII0PMENT
XXX
(PAD) petnnitted a9 a ttCON1)ITIONAL USW)
eteA4114:1l:R10',!4!11114 1A6s•SSiesssisssssSi6
in the Cauft,
was published in 3eld hewspaper in the ISSUe1 6f
Affieht.further says that the .aid' Miami Preview.
Mid Daily. Record is a newspaper published et, went,
In patter
Dade County, Retida,'_and that the said hews,
saipd DadeeCouieityfbloidS"eethtday (exc ptbsat ►day,
Sunday and Legal Holidays) and • has been entered es
seCond,eless mail Matter at the post offite.in Miami,
in Said Dade County, Florida, for a petted of,one year
' Next . preceding the first publication of the attached
• • copy of advertisement; and affiant further says that
She has neither paid hor promised eny pereon,' firm
br' corporation any discount,' rebate. Commission br
refund for the purpose of Securing this advertiserneht
,for publication In the said newspaper.
«jf...C?.3w.i...T...»c..... i.. th:..l.,..,.i.::l..w
Swom to endsuubstribed before me this
9th day of Ma A.D. 19 72
uth Clatter,
Notary Pu ic, State of Florida at Large.
(SEAL)
My Commission expires May 16, 1973,
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Ad. 'No. lint -in
ieT/1 i
4/26/7
„ORDINANCE NO
AN (=INANCEAMENDINO ORI,INANCE NO. 6871,
THE COMPREHENSIVE ZON/ O ORD/NANCE FOR T iE
CITY OE MIAMI DY ADD/NO A MEW ARTICLE XXI41
PLANNED AREA DEVELOPMENT (PAD)) AS HEREINAFTER
SET PORTH, PERTAINING TO THE CREATION Off', A NEW
ZONING DISTRICT TO 8E CALLED A PLANNED AREA
DEVELOPMENT (PAD), TO BE PERMITTED AS A
"CONDITIONAL USE UPON APPLICATION;. RE PEALING
ALL LAW IN CONFLICT HEREW
ITH; AND PROVIDING
POR A SEVERABILITY cLADSE HEREIN.
WHEREAS, the Planning and Zoning Board of the City of
Miami, at its meeting held on March 27,.1972, passed and
adopted by a 6 to 3 vote its Resolution, No. 72-79, recommend
ing amending Ordinance No.6871, by adding a new ARTICLE XXI-1,
PLANNED AREA DEVELOPMENT (PAD), as hereinafter set forth; and
WHEREAS, it is deemed advisable in the best interest
of the general welfare of the City of Miami and its inhabitants
to amend Ordinance No. 6871, as hereinafter set forth
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, F LORIDA=
Section 1. That Ordinance No. 6871, the Comprehensive
Zoning Ordinance for the City of Miami, be -and the same is here-;
by amended by adding a new ARTICLE XXI-1 - PLANNED AREA DEVELOP-
MENT- (PAD), pertaining to the creation of a new --zoning district
to be called a PLANNED AREA DEVELOPMENT (PAD)., to be permitted
as a "Conditional Use u -o pp _ - _ . allows;
_ p n a - lcation, to read as f
ARTl Mt., PLANNED D AREA WitttPN2NT '(PA15)
Section lz Mail
Within districts now existing or which may hereafter.
be created, it is intended to permit as a Conditional
Use, on application and oh approval of site,
use and building plans, creation of new planned Area
bevelopMents (PO) for flexible comprehensive develop-
ment 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 PAb shall
be determined by the City Commission upon 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 an equivalent or, greater degree
as in instances in which regulations are intended to control
development on a lot -by -lot rather than a unifiedbasis,
to promote economical and efficient land use, an improved
level of amenities, appropriate and harmonious _variety .in
physical development, creative design, and abetter urban
environment.. Flexibility in the arrangement of structures,
open space, and the pedestrian and vehicular circulation
pattern is permitted in order to encourage the best
utilization of the land on which the development is being.:
constructed. In view of the substantial public advantages
of planned areadevelopment, it, is the intent of this, Section
to promote and encourage development in this form where
appropriate in location and character.,
Section 2. - DEFINITION OF PLANNED AREA DEVELOPMENT
For the purposes of this ordinance, a planned area develop-
ment is:
(1) Land under unified control for development purposes,
planned and developed as a whole, in a single develop-
ment operation or a programmed series of development
operations, including lands, buildings, structures,`
uses and densities,
(2) According to comprehensive and detailed plans satis-
factory.to the City Commission, which may include
plans' detailing streets, utilities,lot or building
sites, and the like, and also site: plans, floor plans
and, elevations for all buildings as intended to be
located, constructed, used and reated to each other,
and detaed plans for other uses andimprovements
on the Land as related to the buildings,
(3) With approval by the City Commission as to;
(a) Concept, uses, density, location, open space
relating to comprehensive and detailed plans.
(b) Streets, utilitie§, lobo or building sites,
site plans, open Space areas and elevations
for all building§ as intended to be located,
constructed, used in relation to each other,
and detailed plans for other use§ and improve-,
maitaon the land as related to the buildings.
(e) A program for provision, operation and mainten-
ance of such arees, improvements, facilities and
services as will be for COMM use by sane,;or all
of the occupants of the PAD, but will not be
provided, operated or. maintained at general public
expense.
Section - PLANNED AAA LOPM WT : w11EA PtRMt TED
(1) planned Area Development may hereafter be established
in existing zoning; districts, or over a combined area
of several zoning districts, or such districts as may
be determined by the City Commission pursuant to a
PAD application,: where tracts suitable in
location and characterfor the uses and str.ctttres
proposed are to be planned and developed, as a PAD,
according to the requirements and procedures set forth
in this Article, in considering a PAD, among the criteria
to be used shall be the location and nature of, the PAD
with respect to intended functionsand 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 development reaches the
stage where they will be required.
(2) The location of the Planned Area Development shall
be designated on the zoning map by the designation
"PAD" followed by the proper designation of the
existing zoning district or districts. Examples are:
PAD-R-1. PAD-R-2, PAD-C-1.
Section 4. - STANDARDS FOR PAD'S
In reaching recommendations and decisions on the
granting of a Conditional Use PAD,. the following
standards shall be used,
(1) Location
(a) Relation to major transportation facilities
The criteria to be considered for location of
a PAD is its location with respect to local
streets, collectorstreets, minor arterials
or major arterials, other transportation facili-
ties, or the creation thereof, so as to provide
direct access to such districts thereby minimizing
the creation or generation of traffic along local'
and collector streets in residential neighborhoods.
or other distracts outside the PAD,
(b) Relation to public utilit ta, facilities and
services
The criteria to be considered in the location of
a PAD in relation to sanitary aewera, water lines,
storm and surface drainage systel a and other
utilities, systems and installation§ is atch
information as will allow the : determination as.
to whether the extension or enlargement. of such
systems in manner, fortis, character, location,
degree, scale or timing, may result in
higher net public cost or earlier incursion
of publiccost than would development in
forms generally permitted under existing
toning for the area. such PAD districts shall be
so 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
costs for such services is not greater than,
access and net costs for public services, for
development as permitted under existing zoning.
A further criteria is the applicant's agreement
to (1) provide adequate and appropriate facilities,
utilities or services approved by the City Com-
mission to meet the needs arising out of the PAD,
and assure their satisfactory continuing operation.
permanently or until appropriate public utilities,
facilities or services are available and used, or
(2) make pr�visionS: acceptable: to the City Com-
mission if required for off -setting any added net
public cost or early committment of public funds,
made necessary by such development.
Expenses involved in making such determinations
as may be required in establishing the foregoing
information shall be paid by applicants Final
determinationofthese matters shall be made by
the City Commission.,
(c) Physical character of the site; relation to
surrounding:pr_perty
The site shall, be suitable for development in the
manner as approved under the South Florida Building
Code and the applicable State, County and City, laws.
(2) Minimum Area
It is the intent of this Article to encourage thee.
assembly of land into larger parcels in order to achieve,
.
a better urban environment. To qualify for a.Pl.anned
Area Development application, a tract of land, shall
possess not Less than three (3) acres, Application for
areas of less than three (3) acres may be submitted for
approval, where the area is distinguished from the
surrounding area by natural or manmade barriers, such
as ravers, canals, other water areas, streets, etc. The
approval of an application for an area less than three (3)
acrea shall be based on the area's uriquenegs and suit-
ability for a Planned Area Development by virtue of its
historical character, topography, ecological, natural'
or other unusual features
Use's, ',entity-, Open Space ah
Within a flantied Area ,bevelopmeht,, any principal
and adoettory ute, density,, open space and floor
area ratio and other regulations is permitted 'which
is already permitted ih the emitting 2ohing ditt'`idt
or districts or PAb bistriets as may bedetermined by
the City Commission pursuant to a pA.b application, ih
which such Planned Area beveloptent is located. The
distribution of these permitted principal and 'accessory
uses, deftsity, open space and floor area ratio, and
other regulations Or deviations 'therefrom, shall riot
be affected by existing zoning regulations, but shall
be subject to the approval of the City Commission,
beviations from the permitted principal and accessory
uses, density, open space and floor area ratio and other
regulations, may be granted upon approval of a PAb
Conditional Use application by the. city Commission.
Criteria to be considered by the City Commission for
approval of deviations as described above may include
but are not limited tot (a) private renewal and re-
development that creates a better urban environment„
through the assembly of land, (b) providing of public
usable open space through the provision of plazas, parks,
and walkways, (c) clearance of obsolete, blighted or
undesirable buildingand/or uses, (d) dedication of water-
front public easements at least twenty feet in width,
(e) protection and enhancement of views for the public,
especially bayfront or riverfront, (f) preservation of
historical structures and/or areas, (g) provision of
terminal facilities for off-street parking of automobiles
and service vehicles, and (h) and other public benefits.
Section 5'. - PROCEDURES FOR SECURING APPROVAL OF A PLANNED AREA DEVELOPMENT
(1) Pre -application Conference
Before submitting an application for a planned area
development, anapplicant may confer with the Planning
Department to obtain information and guidance before
nts, or incurring into binding committme sub-
stantial expense in the preparation of plans, surveys
and other data; however, no statement or representation
made prior to the official review shall be binding on the
Planning and Zoning Board, the City Commission or other
City. Departments.
(a) Application for PAD
An applicant .applying for PAD shall submit to the
Planning and °Zoning Board an application for Conditional
use PAD. The application shall, be accompanied by the
following documents and information;
(a) Ths evidence of unified control of the proposed
PAD to effectuate the proposed plan including
statement of all the ownership and beneficial
interest in the tract of land and the proposed'
development
(b) A survey of tract to be developed showing existing
f stures o€ the property including streets, Alleys,
easements, utility lines, existing land UP@; general
topography
and prip ica1 featurep. -4-
to) dice deveiopMent plans containing:
(1.) the title of the proiect and name§
the
developer,
profee§ional pro3oct planter and
tht (2) acale, date, north arrow, () ideation and
arrangement of all exietifg and proposed §tructiree,
(4) : proposed traffic circulation patternithin the
development,.(5) areas to be develop o p
(6) the points of ingress and egress# (7) the
relationship'of abutting land uses andohiig
distri :ts , (8) proposed lots and block§ , if any,
(g) locations ofdifferent uses proposed by dwelling
types t aspen space i recreational faoi1it .es f com-
mercial uses, Ether permitted uses, and off-§treet
parking, (10)'a statement of anticipated
alrus,eseCtial
density or other commercial or i
applicable), the proposed total gross floor area,
and the precentages of the development to be occupied
by stYiictiires
(11) where required by Law or by. the
City Commission, an ecological surveyin accordance
with ,standards of the Plorida Department of b aural
1tesources , (12) preliminary drawing p p
structures and landscaping.
(d) When a planned area development is men tobe shall benstructed
in stages, a schedule of P
mitted. No such stage shall have residential density
that exceeds by more than 10% the proposed density of
the entire planned area development. When a planned
area development provides for common open space, the
total area of improved common open space provided
at any stage of development shall, at.a minimum,,
bear the same relationshipto the total open space
to be provided in theentire development.
(e) When it deems necessary:
(1) The Planning Department, Planning Board or. City
Commission may require a traffic surveysetting
out and analyzing the effect that the PAD will
have on traffic in the streets adjacent to: and
in the vicinity of the proposed planned area
development.
(2) The City Commission may require an economic
feasibility study.
(f) When a PAD includes provisionsfor
commmentondopen space,
or recreational facilities,
the provision: that is to be made for the care and
maintenance of such open space or recreational facili-
ties. Satisfactory provisions, shall be made, to assure,
that non-public' areas and facilities for the common
use of occupants of a PAD, but not in individual.
ownership of such occupants, shall be maintained in,
satisfactory manner without expense to the taxpayers
of the City of Miami.
Such may be provided by the incorporation of an auto-
matic membership home association for the purpose of
continuously holding title to such non-public areas
and facilities, and levying assessments against' each
individual owner, whether improvedor, not, for the
purpose of paying the taxes and maintaining such non-
public areas and facilities, which may include, but
not be limited to, recreational. areas, off -Street
parking areas, walkways, lighting and common open
(s)
(5)
'arid landscaped areas: Such assessments sham: be
a lien stij eriat' to all others including, bait. not
limited' toy mortgage 'liens, Sa'4e and Oxdept tax
liens � other -methods may be tab e if the same
p" ' ti\eiy provide for, the . roper and tontnuoiis
osi _ p . ;
of taxes and Maintenance, Without expense to
'payment
the taxpayers' Of the City Of Miami, 'she : instrument
incorporating stich provisions shall die 'approved by
the City . Attorney as to form and, ]legal sufficiency
before submission to the City CyoIth ission, and shall:
be upon apprb ial of the "Conditional t:Jse" for a ' PAD
by, the ity CiOmmission, ' recorded in .the Public iiecords
of bade County, Florida
Copies Of any restrictive covenants that are' to be'
recorded with respect to property included in the %ADS
Action On Prelirinaty Development Plan
After receiving the application, the Planning Board shall
submit the documents to the Planning Department and the
Urban DevelopmentReviewBoard for review, findings and
recommendations. The Planning Department and Urban
Development Review Board shall report their findings and
recommendations within thirty (30) days from the date of
receiving the application. This review shall be concerned
with the criteria as set out in Section 3 and 4 hereof.
During the review, the Planning Department may request
the applicant to confer on the PAD concerning any suggested'
changes in the original proposal, and/or additional infor-
mation necessary to make essential findings. In the course
of the conferences, any agreements or disagreements between
the Planning Department and the applicant shall be recorded
in writing and shall become a part of the record. The
thirty (30) day time limit set forth above shall not be
extended for this purpose.
(4) Platting Requirements'
(a) If it is determined by the City Commission that
the approval of a tentative plat is necessary prior,
to a final determination on the PAD application, the,
City Commission; may require the same.
(b) In all other instances, lands encompassed by a PAD
may be platted orrepiatted in accordance with the
procedures and regulations set forth by this Zoning'
Ordinance and other ordinances and codes of the
City of miami, and the development plan.
(S) Plantain. bepart tent Vindtno
Within thirty (JO) days after rscd Ving the application,
the planning Department shall recoMMe d (a) approval
of the application as aub fitted, (b) approval with modi
fications, (c) disapproval of the proposal,
The recommendations of the Planning bepartMent shall
include findings of fact and shall set forth the
reasons for. the recommendation in specific, including
but not limited to findings of feet and conclusions on,
the following:
(a) as to the suitability of the tract for the
proposed PAD in terms of its relation to the
comprehensive plan or other officially adopted
plans, physical characteristics of the, tract,
and its relation to the _surrounding area and
existing and probable future development.
(b) as to the standards as set out in Section (4).
(c) as to (1) its conformity with applicable zoning
or other regulations, or (2) the extent to which
the PAD departs from zoning and other regulations
otherwise applicable to the subject property,,
including but not ,limited to ,density, use, floor
area ratio, open space, and the reasons why such
modifications are necessary or justified in the
particular case by demonstration that the public
purpose of the PAD would be ntet to at least an
equivalent or greater degree by such modification.
(d) as to the adequacy of evidence on unified control
and agreement, or other instruments.
(e) as to the nature and extent of the common open
space in the PAD, 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 floor area ratio.
(f) as to the case of a PAD which proposed development
over a period of years, the sufficiency of the
terms and conditions proposed to protect and
maintain the integrity of the PAD which finding
shall be'made ,after consultationwith the City
Attorney.
(g) as to its conformity, with all applicable provisions
of this Article.
(6) Planning Board Action and Findings
The Planning Board shall within thirty (30) days after
receiving the Planning Department's report hold a'pubiic
hearing on the application. Such public hearing shall
consider all aspects of the Planning Department's
findings/ and of the proposed PAD. Within thirty DO)
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
recommendations, The planning Board may recommend
app:.ova . of the PAD 4$ proposed, approval conditioner
on o tated modifigations, or disapproval,
(71 Adttqh bv the__g t C aimi ga
the City Commission shall neither grant the application)
With or c ithotit modification., Or deny such applications
if the Conditional Use PAD is granted, the area of land
nvol'Ved shall be designated 'as a Conditional Use
Planned Area Development by resolution, and such
resolution shall incorporate the development plan,
including any co' .di iron or restriction that may be
imposed by the City CFsititnissiOns
($) Effect..nt... Approval
The plan as approved together with the conditions and
restrictions imposed shall constitute the Conditional
Use PAD 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 atiy time period
specified as a safeguard in the granting of the
Conditional Use,
(g) Expiration of Time Limits on Grant of PAD 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 cancelled. Recommendation under (a)
shall include proposals for appropriate action in respect
to any legal instruments involved in the case.
Section 6. - CHANGES IN DEVELOPMENT PLANS
Changes in plans approved as part of the grant of
Conditional Use may be permitted 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 PAD.
Section 7. - CONFLICTS
After public hearing and upon . the ; findings by the,. Planning
Board and City Commissionthat the grant of a Conditional
Use PAD in the particular case serves a greater public
purpose as to design of the particular plan and its
relationship to the surrounding area, it is intended that
where there are conflicts between the requirements of this
Article and other provisions of this Zoning Ordinance, the
provisions of this Article shall apply •
Section 2 that all laws, or parts Of laws, its
-conflict herewith, be and the sale are'hereby ke ieaied
insofar as they are in Conflict
Section 3. It is declared tb be the legislative
intent of this bOdy that if any section, 'subsection, sen-
tence, phrase or provision of this ordinance is, held invalid,
.the remainder of the Ordinance.shall not be -affected.
PASSED on first reading by title only this :�-fir
day of -z-e-,_ ► 1972.
PASSED AND ADOPTED on second and final reading by title,
only this
day of 7),e7L-7 _ , 1972.
PREPARED BY:
REVIEWED BY:
MAYOR
R. Harris Turne_
Assistant City Attorney
Jack R. Rice, Jr.
Assistant to the Director
ii, Rbthotein
City AttQrf@y
4/26M
ORDIN ,N�
AN ORDINANCE AMENDINd ORDINANCE NO. 68/1,
THE COMPREHENSIVE ZONING ORDINANCE POR THE
C IT'V .Op MIAMI RY ADb INO A NEW ART iC tE 11.
PLANNED AREA DEVELOPMENT (PAD)) AS HE tEIMAPTER'
SET FORTH, ' PER' AtNINO TO THE CREATION OE. A NEW
ZONING DISTRICT TO BE CALLED A PLANNED AREA
DEVELOPMENT (PAD) , TO HE PERMVi b AS A
"CONDITIONAL USE" UPON APPLICATION; REpEALINC
ALL LAMS IN CONFLICT HEREWITH, AND, pROVtDINO
'OR A SEVERAEILITY CLAUSE HEREIN.
WHEREAS, the Planning and Zoning Hoard of. the City of
Miami, at its meeting held on March 27, 1972, passed and
adopted by a 6 to 3 vote its Resolution No. 72-79, recommend-
ing amending Ordinance No. 6871, by adding a new ARTICLE XXI-1,
PLANNED AREA DEVELOPMENT (PAD), as hereinafter set forth; and
WHEREAS, it is deemed advisablein the best interest
of the general welfare of the City of Miami and its inhabitants
to amend Ordinance No. 6871, as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. That Ordinance No. 6871, the Comprehensive
Zoning Ordinance for the City of Miami, be and the same is here-
by amended by adding a new ARTICLE XXI-1 - PLANNED AREA DEVELOP-
MENT (PAD), pertaining to the creation of a new zoning district
to be called a PLANNED AREA DEVELOPMENT (PAD) , to be permitted
as a "Conditional Use upon application, to read as follows;
I cITY cPmmissioN
hlEFain,t,
APB+ 2
Uh72
;; 4r.C_ h { 1.�
1.1:411 Et4,1 t.
ARTICLE ) X14l PLANNED AREA DEVELOPMENT (PAD)
Section 11 INTENT
Within districts now eXistinq or which may hereafter
be created, it it intended to permit as a.Conditional
Use, on application and on approval of site,
use and building plans, creation of new planned Area
Developments (PAD) for flexible comprehensive develop-
ment purposes where tracts suitable in location and character
for the uses and structures proposed are to be planned
and developed as unite, suitability of such tracts for
the plans and development proposed for the PAD shall
be determined by the City Commission upon reference to
the comprehensive plan,, applicable developmentplans
which have been adopted, and the existing and prospective
character of the surrounding development.
iteguiations for such unified. planning and development are
intended to accomplish the, purposes of zoningand other
applicable regulations to an equivalent or greater degree
as in instances in which regulations are intended to control=
development on a lot -by -lot rather than a unified °basis,
to promote economical and efficient land use, animproved
level of amenities, appropriateand harmon3OUS variety in
physical development, creative design, and a better urban
environment. Flexibility inthe arrangement of structures,
open space, and the pedestrian and vehicular circulation
pattern is permitted in order to encourage the best
utilization of the land on which the development is being
constructed. In view of the substantial public advantages
of planned area development, it is the intent of this section
to promote and encourage development in this form where
appropriate in location and character.
Section 2. - DEFINITION OF PLANNED AREA DEVELOPMENT
For the purposes of this ordinance, a planned area develop-
ment is:
(1) Land under unified control for development purposes,
planned and developed as a whole, in a singledevelop-
ment operation' or a programmed' series of development
operations, including lands, buildings, structures,
uses and densities,
(2) According to comprehensive and detailed plans satis-
factory`'to the City Commission, which may include.
plans detailing streets, utilities,, lot or; building
sites, and the like, and 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 otheto reuses
sesland improvements
on the land as relat
With approval by the City Commission as to:
(a) Concept, uses, density, location, open space
relating to comprehensive and detailed, plans.,
(b) streets, utilities, lot or building sites,
site plans, open space areas and elevations
for all buildings as intended to be located,
constructed, used in relation to each other,
and detailed Mans for .other uses and improve-
ments on the land as related to the buildings.
(e) A program for provision, operation and mainten-
ance of such areas, improvements, facilities and
services as will be for comrnan use by some or all
of the occupants of: the. PAD, but will not be
provided, operated or maintained at general public
expense.
Section 3 ► - PLANNED AREA DEVELOPMENT: : WHERE PERMITTED
(1) Planned Area Development may hereafter be established
in existing zoning districts, or over a combined area
of several zoning districts, or such districts as may
be determined by the City Commission pursuant to a
PAD application, where tracts suitable in
location and character for the uses and structures
proposed are to be planned and developed as a PAD,
according to the requirements and procedures set forth
in this. Article. In considering a PAD, among the criteria
to be used shall be the location and nature of the PAD
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 development reaches the
stage where they will be required.
(2) The location of the Planned Area Development shall.
be designated on the zoning map by the designation
"PAD" followed by the proper designation of the
existing zoning district or districts. Examples are:
PAD-R-1. PAD-R-2, PAD-C-1.
Section 4. - STANDARDS FOR PAD'S
In reaching recommendations and decisions on the
granting of a Conditional Use PAD, the following
standards shall be used:
(1) Location
(a) Relation' to major transportation facilities
criteria to - .
Thebe considered for location of
a PAD is its location with respect to local
streets, collector streets, minor arterials
or major arterials, other transportation facili.-
ties, or the creation thereof, so asto provide
direct access to such districtsthereby minimizing
the creation or generation of: traffic along„ local
and collector streets in residential neighborhoods
or other districts outside the PAD.
(b) Relation to public ut lities, facilities and
services
The criteria to be considered in the location
a PAD in relatihn to sanitary sewers, water lin
storm and surface drainagesystems and other
utilities, systems and installations .is such
information as will allow the determination as
to whether the extension or enlargement of such
systems in manner, form, character, location,
degree, scale or tinning, may result in
higher net public cost or'earlier incursion
of public cost than would development in
forms generally permitted under existing
zoning for the area. Stich PAD districts shall be
so 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
costs for such services is not greater than,
access and net costs for public services for
development as permitted under existing zoning.
A further criteria is the applicant's agreement
to (1) provide adequate and, appropriate facilities,
utilities or services approved by the City Com-
mission to meet the needs arising out of the PAD,
and assure their satisfactory continuing operation
permanently or: until appropriate public utilities,
facilities or services are available and used, or
(2) makeprovisions acceptable to the, City ,Com-
mission if required for off -setting any added net.
public cost or early committment of public funds
made necessary by such development.
Expenses involved in making such determinations
as may be required in establishing the foregoing
information shall be paid by applicants. Final
determination of these matters shall be made by
the City Commission.
(c) Physical character of the site; relation to
surrounding property
The site shall be suitable for development in the
manner as approved under the South Florida Building
.
Code and the applicable State, County and City laws.
(2) Minimum 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
Area Development application,.a tract of land shall
possess not less than three (3) acres. Application for
areas of less than three (3) acres may be submitted for
approval, where the area is distinguished from the
surrounding area by natural or manmade barriers, such
as rivers, canals, other water areas, streets, etc, The
approval of an application for an area less than . three (3)
acres shall be based on the area's uniqueness and su*t-
ability for a Planned Area Development by virtue of Its
histQrICal character; topography, CCo.ogxcal, natural
or other unusual features,
(3) MALI Density, Open Apace and p oor Area Rat
Within a Planned Area Development, any permitted
pri eipal and accessory rues, density, open spade
and floor area ratio is permitted which is already
permitted in the Zoning district or districts as
may be determined by the: City Commission pursuant
to a PAD application, in which such Planned Area
Development is licated: The distribution of these
permitted principal and accessory uses, density,
open space and floor area ratio or variations there-
from, shall not be affected by existing Zoning regu-
lations, but shall be subject to the approval of the:
City Commission.
Variations from the permitted principal and accessory
usss, density, opens space and floor area ratio aim-M.72
be granted upon approval of a PAD Conditional Use
application by the City Commission.
Section 5. - PROCEDURES FOR SECURING APPROVAL OF A PLANNED AREA
DEVELOPMENT
(1)
Pre -application Conference
Before submitting an application for a planned area
development, an applicant may confer with the Planning
Department to obtain information and guidance before
entering into binding comnittments, or incurring sub-
stantial expense in the preparation of plans, surveys
and other data: however, no statement or representation
made prior to the official review shall be binding on the
Planning and Zoning Board, the City Commission or other
City departments.
(2) Application for PAD
An applicant applying for PAD shall submit to the
Planning and Zoning Board an application for
Conditional Use PAD. The application shall be
accompanied by the following documents and information:
(a) The evidence of unifiedcontrol of the proposed
PAD 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 tract to be developed showing existing
features of the property including streets, alleys,`
easements, utility lines, existing land use, general
topography physical and features.
(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
development, (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,,
(0) locations of different uses proposed !y dwelling
types., open space, recreational faeiiitiea, com-
mercial uses, other permitted uses, and off-street
parking, (10) a statement of anticipated residential
density or other commercial or industrial ►ises (when
applicable), the proposed total gross floor area,
and the percentages of the development to be occupied
by structures, (11) where required by law or by the
City Co Mission, an ecological survey in accordance
with standards of the Florida Department of Natural`
Resources, (12) preliminary drawings of proposed
structures and landscaping
(d)t4hhen a planned development is to be constructed in
: stages, a'schedule of development shall be submitted.
No such stage shall have residential density that
exceeds by more than 1O% the proposed density of
the entire planned area development. When a planned
area development provides for common open space, the
total area ofimprovedcommon 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:
(1) The Planning Department, Planning Board or City
Commission may require a traffic survey setting
out, and analyzing the effect that the PAD will
have on traffic in the streets adjacent to, and
in the vicinity of the proposed area development.
(2) The City Commission may require an economic
feasibility, study.
(f) When a PAD includes provisions for common open
space, or recreational facilities,' a statement
describing the provision that is to be madefor
the care and maintenance of such open space or
recreational facilities.Satisfactory provisions
shall be made to assure'that non-publicareas,
and facilities for the common use of occupants
of a PAD, but not in individual ownership of such
occupants, shall be maintained, in satisfactory.`
manner without expense to the taxpayers of the
City,, of Miami.
Such may be provided by the incorporation of
an automatic membership home association for
the purpose of continuously holding title to,
such non-public areas and; facilities, and levying
assessments against each individual owner,
whether improved or not, for the purpose of
paying the taxes and maintaining such non, -public
areas and facilities, which may include, but
not be limited to, recreational areas, off-street
par ing areas, wa13swaya, lighting and common
open and landscaped areas. Such assessments
shall be a lien superior to all others including,
but not limited to, mortgage liens, save and
except tax liens, Other methods may be accept-
able if the PAme positively provide for the
proper and continuous payment of taxes and main.
tenance without expense to the taxpayers of the
City of Miami. The i s,trppnt.. nCQarpOarating r.
such prdvisiona shall be approvtd by the City
Attorney as to fora and Itgal Att t f iciency before
submission to the City Commission, and shall be,
upon approval of the "Conditional Use's for a
PAD:by .the City: Commission,recorded in the
Public Records of Dade County, Plorida,
(g) Copies of any restrictive covenants that are „to.be
recorded with respect to property included in the
PAD.
i
(3) 14c.tion . on:Pre lit i iary_ beve lop ent...P .at
After receiving the 'application, the Planning
Board shall submit the documents to the Planning
Department and the Urban Development review
Board for review, findings and recommendations.
The Planning Department and Urban Development
Review Board shall report their findings and
recommendations :within thirty (30) -days from
the date of receiving the application. This:
review shall be concerned withthe criteria; as.
set out in Sections 3 and 4 hereof.
During the review, the Planning Department may
request the applicant to confer on the PAD
concerning any suggested changes in the original
proposal, and/or additional information `neces-
sary to make essential findings. In the course
of the conferences, any agreements ordisagree-
ments between the Planning Department and the
applicant shallbe recorded inwra.tang and shall
become a part of the record. The thirty (30)
day time limit set forth above shall not be
extended for this purpose.
Platting Requirements
•(a) All lands encompassed by a PAD 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, and the development plan.
(b) The platting or replatting required for PAD 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 PAD being submitted to the Planning and Zoning
aoard for public hearing.
(54 plane ng be artment Finding
Within thirty (A) days after receiving the application.
the Planning Department shall recommend (a) approval
of the; applidation as submitted, (b) approval with modi-
fications, (c) disapproval of the proposal,
The recommendations of the Planning Department shall
include findings of fast and shall set forth the
reasons for the recommendation in specific, including
but not limited to findings of faet and conclusions on
the following:
(a) as to the suitability of the tract, for the
proposed PAD in terms of its relation to the
comprehensive plan or other officially adopted
plans, physical characteristics of the tract,,
and its relation to the surrounding area and
existing and probable future development.
(b) as to the standards as set out in Section 0).
(c) as to (1) its conformity with applicable zoning
or other regulations, or (2) the extent to which,
the PAD departs from zoning and otherregulations
otherwise applicable to the subject property.,
including but not limited to density, use, floor
area ratio, open space, and the reasons why such
modifications are necessary or jtst.fied in the
particular case by demonstration, that the public
purpose of the PAD would be met to atleast an
equivalent or greater degree by such modification.
(d) as to the adequacy of evidence on .unified control
and agreement, or other instruments.
as to the nature and extent of the common open
space in the PAD, the re1abi1itY of the
proposals formaintenance,' 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 floor area ratio.
(f) as to the case of a PAD which proposed development
over a period of years, the sufficiency of the
terms and conditions proposed to protect and
maintain the integrity of. the PAD which:: finding
shall be made after consultation with the City
Attorney.
(g) as to its conformity with all applicable provisions
of this Article,
(6) Planning Board Action and Findings
The Manning Board within y (30) days after
a thirty
receiving the Planning Department's 'report hold ,a public
hearing on the application, Such public hearing, shall
consider allaspects of the Planning: Department's
findings, and of the proposed PAD. Within thirty (00 )
days after the last public hearing on such plan, the
Planning Board shall prepare and transmit to the City
Connission, specific findings of fact together, with its
recommendations, The Planning Board may recommend
aPV°val Qf the PAD; as Proposed, approval conditioned
on ;fated modifications, or disapproval.
0)
Action b. ` the itdi dominion
The City dorission shai.l either grant the application,
•with or without modification' or deny such -application.
If the conditional Use PAD iv granted -,-the area :of land
involved shall be designated as aCOnditienal Use
Planned Area t56veloprlent by resolution, and such
resolution shall incorporate the development plan,
including any oondition.pr restriction that rosy be
unposed by the Coniission.
(8) Effect of Approval
The plan as approved together with the conditions and
restrictions imposed ,shall constitute the Conditional
Use PAD zoning on the land, and no building permit shall
be issued except in conformity with all provisions of
the grant of conditional Use. The terns of the grant
of Conditional Use shall be binding upon the applicant
and any successors in interest during anytime, period
specified as a safeguard in the granting of the
Conditional Use.
Expiration of Time Limits on Grant of PAb Conditional Use
If development actions required by the grant of Conditional_
Useare 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 cancelled. Recommendation under (a)
shall include proposals for appropriate action in respect
to any legal instruments involved in the case.
Section 6. - CHANGES IN DEVELOPMENT PLANS
(9)
Changes in plans approved as part of the grant of
Conditional Use may be permitted 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 PAD.
Section 7, - CONFLICTS
After .public .hearing and upon the findings by the planning
Board and City Commission that the grant of a Conditional
Use PAD in the particular case serves a greater public
purpose as to design of the particular plan and its,
relationship to the surroundingarea, it is intended that
where there are conflicts between the requirements of this
Article and other provisions of this Zoning. Ordinance,' the
provisions of this Article shall apply.
SeCtion That all laws, or parts of 1aWs#
conflict herewith; be and the tame are hereby repealed
insofar at they are in conflict.
Section a, It is declared to be the legislative
intent of this body that if any section, subsection; set
tense, phrase or provision of this Ordinance is:held invalid,
'the remainder of the Ordinance shah not be affected.
PASSED on first reading by title only this_;e e
day of
only this
> y
1972.
PASSED AND ADOPTED on second and final reading by title
•�i day of
J
r
CITY CLERK
PREPARED BY:
REVIEWED BY:
R. Harris Turne
Assistant City Attorney
MAYOR
Jack R. Rice, Jr.
Assistant to the Director
APPROVED AS TO FORM AND CORRECTNESS;
Alan 1-I, Rotb,Stej.n
City Attorney
,- 1972.
Honorable City C :omriaai5n
Attention: Mr• Mr t, Ree§e
City of Mini, i lorida
Gentlemen
1972
Het ORDINANCH AMHNDMHNT RECOMMHNDHD
New,. Attu ,. r"z 1z.—
Pbki•&HD`.
The Miami Planning hoard; at its meeting bf March 27, 1972, Item
44, following_ an advertised Hearing, adopted Resolution No. 72w79
b-a 6 to 3 vote recommending an Ordinance Amendment to Ordinance
No. 687'1, by- aching n new' "A t'pltI;t'.„ i-1` - t L NMb DE NN
OWM
men`t�, asty . followsoid1nfiCations:as may thebe required by Law e ort-
the: minutes of t e Planning BoardMeet
j Meeting of
March,27, 1972, Pages 75 through 83 and Planning Department -Draft
of March 24, 1972.
An ORDINANCE to provide for this Ordinance Amendment has been pre-
pared by the City Attorney's office and submitted for consideration
of the City Commission.
mm
Attached: Minutes
cc: Law Department
lncerey,
David Simpson, Jr.
Executive Secretary
Miami Planning and Zoning Board
t r rr �i
•
APR 201 9i 2
• :e
•
Publio Hearing to consider an Amendment to Ordinance No. 071,
proposing new regulat .on§ for "PLANNED DEVELOPMENT", estab-
lishing standards and methods of site and plan review for suoh
use. The proposed "PLED DEVELOPMENT" Use wouldapply with-
in certain existing Zoning Districts.
COTE: Item 011deferred from Planning board Meeting of
March 20, 1972.
Secretary filed proof of publication of legal Notice of fearing.
_PLANNING .bEPARTM iT. RECOMMHNDATIONt See Planning Department
draft of. March 24, 1972 entitled "Revised PD Ordinance."
Nor. Martinez* What are we going to do with this, are we
going to discuss it or defer it to the next meeting?
Mr. Silverman: I move to grant as amended.
Mr. Turner: May I say one thing? I would like to mention
the City Attorney has made' a few oral amendments on the copy that
you have now. So as amended it will go to the City Commission with
his amendments in there. It strengthens it according to the law
is what it does.
Mr. Martinez: As amended by the Law office before it goes
to the City Commission.
I have a question, Mr. Simpson, do you have anything to say
on this item sir?
Mr. Simpson: I'm not going to speak on theoverall concept
of this Ordinance. On the points, as they were written, that I
questioned in the first draft, the City Attorney, Mr. Acton and I
n
sat down and went over it point bi
y point; they have been revised
this new draft.
Rev. Wright: So what are you saying, Mr. Simpson.
Mr. Simpson: I said the points that`I brought up the last
time have been amended and I'm not speaking on the overall concept of
the proposed amendment but onlyas to establishing lines of procedure.
Mr. Martinez: We have a motion and it's been seconded. The
motion was to grant as amended.
Mrs. Callahan: Mr. Chairman, are we going to hear from Mr.
Acton before: we get this motion going
M. Martinez:
to defer it,
Mrs. Callahan you made the motion last week
Mrs. Callahan: Mr. Chairman, 1 did snake themotion to defer
it, I know, but there have been changes in it since that time, I be-
lieve, some rather radical changes, and I would like to hear what they
are and have them explained to me.
Mx. Acton; Mr. Chairman, very briefly, the changes that have
been made in the ordinance ae Submitted to you are mainly clarifications.
You know, the intent has not changed from the time that we submitted it
to you. On the revised memorandum we sent to the Board, if you'll
notice, the Planning Department mad@ the statement to the effect that
it Should be up to the Board, that. the intent of the Ordinance has
not changed, but merely we have modified and clarified it where we
fait it was necessary. In other words, it was reviewed, as Mf,
Simpson said, by the Planning Board Staff and the City Attorney.
We incorporated, .you know, certain modifications sa that the intent
of the Ordinance, as submitted to you, remains the sane.
Mrs, Callahan: Mr. Vice -Chairman, may I still continue
with Mr, Aeton,
Mr._Martinez Yes, ma'am. But i would like to say one thing,
Mts. Callahan. Actually, t think, I might be wrong t ;yid I'm entitled
to my opinion and tou to yours and everyone here, that really what
we should be concerned on this Ordinance is what Mx. Simpson brought
out that he's the one that has to face the people who.eome with
this rJtition. That now that facts have been clarified and he
thinks he's got a workable instrument that he can work with, I
think this is the main concern of this Board.
Mrs. Callahan: Mr. Acton,I would like to have it clear
in my mind: about if a parcel is three acres or more, does it auto-
matically come under this PD?
Mr. Acton: No.
Mrs. Callahan: They apply, is that right?
Mr. Acton: Yes, they apply as in "Conditional, Use". It is
not automatic. In other words, every Planned Development will be
reviewed by this Board in the same fashion that a "Conditional Use"
is reviewed by the Board.
Mrs. Callahan: And it need not be as liberal with all as
it might be with one.
Mr. Acton: Definitely not. In other words, it would be
different from, say theproperty that you've heard tonight, because
there would be agreements between the Planning Staff and the developer,
or disagreements or whatever, and it would be presented to the Planning.
Board in a very clear, logical framework so you would understand exactly,
you know, how it relates to existing zoning, patterns and, you know, many
other criteria. But you would have to give a recommendation on it to
the City Commission in the same fashion that you do now. It is not
automatic
Mrs. Callahan: Thank you.
Mr. Burns: I know it's late, but I would like to say one thing
that I really feel quite strongly about and that is that even though
we're rushing now to get the proper resolution, the points that the
architect made here this evening, I thinlc, are good ones. That in
order to get a Planned Unit Development worki.g, what your working
. with is a specialproject, your trying to induce a builder to develop
ig something benefici.al for the City, that when you don't use Federal
money that you need this bonus program. 1 don't now, 1 don't think
Mr. Acton fully agrees with that. But 1 think that some of those
points are good ones
This project that was earlier approved would have had to
gat into that mechanics with the bonus program, and if you all are
prepared to roll tonight, Okay, but 1 for one ,would like to review
come of the bonus program t other Manned Unit Development ordinances
that wire submitted to Staff and would like to review them in light
of the City of Miami priorities. Thank you:
Mr. Acton: I'm going to answer your question wary briefly.
There are no bona incentives in Planned Development ordinances
that we reviewed. There are bonus incentives built into various
caning district alassiticatione in different eitiee but not in PUU.
Now, t think that Mr. Amisano is a Tittle unfair because he
referred to the Hartf ,rd, you know, ordinance, it nothing more
than overlay. There are no bouts incentives in the Hartford ordinance.
It's strictly overlay.
Mr. Burns: Well, 1 understand, but we have an overlay program
here too.
Mr, Acton: We have anoverlay, that's true but it's connected
to officially adopted development planning. That's where your
bonus come in effect. You've got to tie it to officially adopted
plans.
Mr. Burns:: All I'm saying is that ,I'm .prepared to review
the Minneapolis plan where Hubert Humphrey was Mayor and the Hartford
plan and see if there is a bonus concept that wecan incorporate into
this plan that will help increase flexibility but also insure the
protection and the incentives that we're looking to create in this
plan. .I might read itand find nothing. I might be wrong but
the first I heard of it was a short while ago.
Mr. Martinez: I think that we can adopt this instrument that
we have. At least we've got a base to work with and if we feel that
we need to look into other plans and amend this plan, there's always
a time for that. So, I think that really, we need some kind of a
basic instrument to begin with.
We have a motion on the floor, call the question.
Mr. Simpson: The motion is to recommend the ordinance as
amended,
Mr. Silverman offered the following, resolution and moved
its adoption:
RESOLUTION NO. 72-79
RESOLUTION RECOMMENDING AN AMENDMENT TO
ORDINANCE NO. 6871 BYADDING`A NEW ARTICLE
XXI-1 - PLANNED'DEVELOPMENT,.:AS FOLLOWS,
SUBJECT TO ANY MODIFICATIONS AS MAY BE
REQUIRED BY THE LAW,DEPARTMENT:
ARTICLE ?CAI-1
I Section 1. INTENT
PLANNED DEVELOPMENT
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
-7 March 271 1972 Item # 4
a planned and deve:taped as tiffits. Suitab.ty of such
tracts for the plans acid development proposed :for the p
ehall be determined by reference to the domprdhensive
plan, applicable development' plane which have seen ad
opted, and the existing and prospective character ok the
surrounding development,
iteguiationa for such unified planning and development are
intended to aOdomplish the purposes of toning and other,
applicable regulations to an equivalent or greater degree
as in inatances.in,which regulations'are intended to con..
tra development on a ltt.-by..lot rather than a - unified
basis, to promote economical and:efficient land ties, an
improved level of amenities, appropriate and-haritonious
variety in physical development, creative design, and
a better urban environrnerit In view of the substantial
public advantages of planned development, it is the in-
tent of this section to promote and, encourage development
in this form where appropriate in iodation and character.
Section 2. - DEFINITION OP PLANNED DEVELOPMENT
'or the purpose of this ordinance, a planned development'is:
Land under unified control, planned and developed
as a whole, in a single development operation or a
programmed series of development operations, in-
cluding all lands and buildings,.
E'or principal and accessory structures and uses
substantially related to the character of the PD
of which it is a part,
According to comprehensive and detailed plans which
include not only streets, utilities, lot 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.
onthe land as related to the buildings, and
(4) With a program for provision, operation and main-
tenance of such areas, improvements, facilities and
services as will be for commonuse 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
,tracts suitable in location and
zoningdistricts, where uit
character for the uses and structures proposed are to be
planned and developed as units, according tothe require-
ments and procedures set forth in this article. PD shall
be appropriately located with respect to intended functions
and the pattern of development wasting or proposed in the
genera, plan, or other officially adopted plane, and to
public and primate facilities and services, existing or
clearly to be available by the time development reaches
the stage where they will be required
-76 March 27, 972 Item #4
Sedtien 4, STAi ARM POR AV8
In readhing recommendations and decisions o the granting of.
a aanditionai use PO, the fallowing ionat:onal standards shall
be Used:
(1) bmation
(a) ftelat on__t±o ma,lor trs i§ti rtatioiLfadilit_i s,
Except as otherwise provided in specific district
regulations, Pb shall be so locattl 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.
(b) _Relation_ to. Public_._utilities,a.: facilities and services
Pb shall be so located in relation to sanitary
sewers, water lines, storm and surface drainage
systems and other utilities systems and installa-
tions that neither extension nor enlargement of
such systems will be required in manner, form,
character, location, degree, scale or timing re-
sulting in higher net public cost or earlier in-
cursion of public cost than would development in
forms generally permitted under existing zoning
for the area. Such districts shall be so 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 equi-
valent to, and net cost for such services is not
greater than, access and net costs for public
services for development as permittedunder exist-
ing zoning.
However, if applicants will (1) provide private
facilities, utilities or services approved by
appropriate public agencies as substituting on
an equivalent basis, and assure their satisfactory.
continuing operation, permanently or until similar
public utilities, facilities orservices are avail
able and used, or (2) 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 main-
tenance costs and difference in anticipated public
revenue sell be considered. Expenses involved in
maXing such determinations as my.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,
(e) P ysieal character of the site.; relation to
surrounding_ 040150M .
'Me site shall be suitable for development in
the Manner proposed without ha2arda to parsons
or property, Oh or off the tract, from probability'
of flooding, erosion, sUbsLdence or slipping of
the soil, or ether dangers, annoyances or incon-
veniences. Condition of soil, ground water level,
drainage and topography .eha11 be appropriate to
both kind and pattern of use intended,
(2) M. nimut _Aree
1t isthe intent of this Article to encourage the
assembly of land into larger parcels in order to
achieve a better urban environment. To qualifyfor
a Planned Development application, a tract of land
shall possess not less than three (3) acres. Appli-
cation for areas of less than three (3) acres may be
submitted for approval, where the area is distinguished
from the surrounding area by natural ormanmade barriers,
such as rivers, canals, other water areas, streets, etc.
The approval of an application for an area less than,
three (3) acres shall be based on the area's uniqueness
and suitability for a Planned Development by virtue
of its historical character, topography, ecological or
natural features
(3) Uses, Density, Open Space and Floor Area Ratio
Permitted principal and accessory uses, density, open
space and floor area ratio 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 conclusively 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 or greater degree
by such modification. Particular public purposes include,
but not limited to: (a) dedication of waterfront public.
easements at least twenty feet in width, (b) providing
of public usable openspace through the provision of
plazas, parks and walkways, (c) private renewal and re-
development that creates a betterurban environment.
through the assembly of land and clearance of obsolete,
blighted or undesirable building and/or uses, (d) pre-
servation ofhistorical structures and/or areas, (e)
protection and enhancement of views for the public;
especially bayfront or r,iverfront, and (f) provision of
terminal facilities for off-str.=et parking of automobiles
and service vehicles.
Section Se ^ PROCEDURES FOR SECURING APPROVAL- OF A PLANNED D VE OPENT
(1) Pre -application Conference
Before submitting an application for a planned development,
an applicant ahsl. confer with the Planning Department to
obtain information' and guidance before entering into
77$7 March 27, 1972 t+em
(2)
binding commitments, at incurring substantial empense.
in 'ehe preparation of plans, surveys and other data:
however, no statement or representation made prior
to the official revieW shall be binding on the Planning
and 2orning Board, the City Commission or other city de-
partments.
Aool iestioei_for_P$
An applicant applying for Pb 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 proposeA
P1,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 propertyincluding
streets, alleys, easements, utility lines, exist-
ing land use, general topography and physical
features.
(c) Site development plans containing:
1) the title of the project and names of the pro-
fessional project planner and the developer, 2)
scale, date, north arrow, 3) location and arrange-
ment of all existing and proposed structures, 4)
proposed traffic circulation pattern within the
development, 5) areas to be developed for parking,
6) the points of ingress and egress, 7) the re-
lationship of abutting land uses and zoning dis-
tricts, 8) proposed lots and blocks, if any,_9)
locationsof different uses proposed by dwelling
types, open space, recreational facilities, commer-
cial uses, other permitted uses, and off-street
parking, 10) a statement, of anticipated residential
densityor, other commercial or. industrial uses,.
r, p ,,- total gross floor
(when applicable), the -pro proposed
percentages of the dearea, and .thevelopment to�be
occupied by structures, 11) where required, an
ecological survey in accordance with standards of
the Florida Department of Natural Resources, 1 2).
preliminary drawings of proposed structures and
landscaping.
When a planned development is to be constructed in
stages, a schedule of development shah be submitted.
No such stage shall have residential density that
exceeds by more than 10% the proposed density of
the entire planned development. When a planned de-
velopment provides for common open space, the total
area of improved common open space provided at any
sta9e of development shall, at a minimum, bear the
same relationship to the total open space to be,
provided in the entire development,
(d)
-79- March 27, 1972 Item *4
(e) Wlen it deems neoeaear r, tht Planning bepartment.,
Planning board or dity Coftnit§ied may rec .iire3
I. Traffic survey getting out and anaiy2ing the
effect that the Pb will have on traffic in
the atreete adjacent to and it the vicinity
of the proposed development
2. Economic feasibility study.
(f) When a Pt i ►eludes provisions for coMMon open space,
or recreational facilities, a stati..tient describing
the provision that is to be made for the ate and
maintenance of sueh open space or recreational
facilities. $atisfacthry provisions shall be ,rate
to assure that nonpublic areas and facilities for
the common use of occupants of a P1, but not in
individual ownership of such occupants, shall be
maintained in satisfactory manner without expense
to the taxpayers of the City of Miami.
Sutom home association for of an
automatic may
be provided by the incorpbrat
auto atic mernbership for the pur-
pose of continuously holding title to such nonpublic
areas and facilities, and levying assessments against
each individual owner, whether improved or not, for
the purpose of paying the taxes and maintaining such
non-public areas and facilities, which may include,
but not be limited to, recreational areas, off --street
parking areas, walkways, lighting and common open and
landscaped areas. Such assessments shall be a lien
suPerior to all others including, but not limited to,
mortgage liens, save and except tax liens. Other
methods may be acceptable if the same positively
provide for the proper and continuous payment of
taxes and maintenance without expense tothe taxpayers
of the City of Miami. The instrument incorporating.
such provisions shall be approved by the City. Attorney
as to form and legal sufficiency before submission to
the City Commission, and shall be, upon approval of
the "Conditional Use" for a PD by the City Commission,
recorded in the public records of Dade County.
(g) Copies of any restrictive covenants that are to be
recorded with respect to property included in the PD.
(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, findings, and.
recommendations. The purpose of such review shall be to
determine whether it conforms to the general purpose and
intent of the general plan, and any applicable adopted
development plan, and to bring the 'D as nearly a.s possible
into conformity with these or other regulations applying
to the property involved, if there are variations between
the proposal and the general plan on other applicable plans,
and regulations, the Planning Department shall specifically
define the variations and determine whether the proposal
as submitted, or with practicable changes, is justified
on grounds that the public interest has been served or
protected to at least an equivalent or greater degree by
,BST tell 271 1972 lte ► 44
suoh variations as by strict applieatiDn of such
regulations.
During the review the Planning Department may request
the applicant to confer on the PD eoneernirig any
suggested-
changes in the original proposal, and/or
additional information necessary to make essential
findings. In the course of the conferences any
agreements or disagreements between the Planning
Department and the applicant shall be recorded in
writing and shall become a part of the record.
(4) Plattin4 Requirements
`ements
(a) All lands encompassed by a Pb shall be platter!, or
replatted in accord with the procedures and regu-
lations set forth by this Zoning Ordinance and
other ordinances and codes of the City of Miami,
and the development plan.
(b) Theplatting 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
tr
the approval of a tentative plat is necessary .p
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 modi-
fications, (c) disapproval of the proposal.
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 respects 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 the 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
thesurrounding area and existing and probable future
development.
CO) as to the standards as set out in Section 4.
(c) as . to 1) its conformity with applicable zoning or.
other regulations, or 2) the extent to which the
PD departs from zoning and other regulations other-
wise applicable to the subject property, ,including
but not limited to density, use, floor area ratio,
open space, and the, reasons why such modifications
are necessary or justified in the particular case
by demonstration that the public purpose of the PP
would be met to at least .an equivalent or greater
demo by such modification
(d) as to the adeq lacy of evidence on unified
end agreement, or etherinstruments'
(6) as to the nature .and extent of the tOMM011 proposals penrspace
in the PD, the reliability of the
maintenance and conservation of the open space, and
the adequacy or inadequacy of the amount and function
of open space in termsof densities, dwelling typos,
end floor area ratio
(f) as to the ease of a Pb which proposdecelopmf heeter�ns,
nt
over a period of 'years, the sufficiency
and conditions proposed to protect and maintain the
integrity of the PD which finding shall be made after
consultation with the City Attorney.
(q)
as to its conformity with all applicable previsions.
of this article.
(6) gl nnin�t Dnard Action and 'indin rs
The Planning Board shall. within 30 days after receiving
the Planning Departments report holdia public
hcearing
r
on the application. Such public bearing
all aspects of the Planning Department's findings, and
of the proposed PD. Within 30 days after the last
shall
public hearing on such plan, the Planning Boardecifie
prepare and transmit to the City Commission, specific
findings of fact together with its recommendations.
The Planning Board may
recommend approval of the PD
as proposed, approval conditioned on stated modifications,
or disapproval.
(7) Action by the Ci ission
The City Commission shall either grant the application.'
with or without modification, or deny such application.
If the conditional use PD is,g
ranted, the area ofland
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 ofQp royal
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: terns of the grant
of conditional use shall be binding upon the applicant,'
and any
successors in interest curing, any time period
specified as a safeguard in the granting of the con-
ditional ; use,
iration of Time Limits on Grant of PD Conditional use
(9)
ri
If development actions required by the grant, of, con-
ditional use are not taker within any
time limits set
in the grant Q. conditional use, the Planning Board
02- March 274.i972 Iiem
shall review the dirdumstaneet and .recommend t8 the
City Commission that (a) revised time limits be set;
or () that the grant of Bond .tiottal .use be oetricelnd,
Reeomtnendation under (a) shall inelude` proposals for.
appropriate action in respect to any legal 3nstrtiMents
involved in the case,
Section 6 ► - KHAN ES 1N DEVELOPMENT ' PLANS
Changes in plans papproved as part of the grant of conditional
use may be permitted upon application by the petitioner or
his successors in interest, bu
t only upon a finding that any
such ohange or changes are in accord with all regulations in
effect when .change is requested' and the general itktent and
purpose of the comprehensive plan in effect et the time of
the proposed change. Changes other than those indicated
above shall be made only by a new petition for Pb•
Section 7. CONFLICTS
After public .hearing and upon, the findings by the planning
Board and cityCo the grant of a co
commission that
iona
use PD in the particular case serves a greater public pur-
pose as to design of the particular pl nd its relation-
ship to the surrounding area, it is intended
were
there are conflicts between the requirements of this Article
and other provisions of this Zoning Ordinance, the provisions
of this Article shall apply.
Upon being seconded by Mr. Dean, this resolution was passed
and adopted by the following vote:
Dean, Kalil, Martinez, Silverman.
Callahan and McGraner.
AYES: Messrs.
Mmes.
NAYES: Messrs.
ADJOURNMENT:
THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED
AT 12:15 P.M.
Alfonso, Burns, Wright.
IND
ATTEST:
DAVID.SIMPSON, JR,
EXECUTIVE SECRETARY
Transcribed and typed by;
Carmen Malone
Typist, Planning DQard
C H A I RMAN'
March '27, .972 . hem b fin*a