Ord No 18-82-1141ORDINANCE No.18-82-1141
AN ORDINANCE REPEALING SECTION 8-10OFTHE OFFICIAL
ZONING ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA,
ENTITLED "PLANNED UNIT DEVELOPMENT (PUD),"AND ADOPTING
INLIEUTHEREOFNEWPLANNEDDEVELOPMENT /REGULATIONS:PRO-
VIDING THE INTENT AND PURPOSE OF PLANNED DEVELOPMENT;
DEFINING "PLANNED DEVELOPMENT"GENERALLY AND DEFINING
PARTICULAR TYPES OF PLANNED DEVELOPMENT;PROVIDING THAT
FUTURE PLANNED DEVELOPMENTS SHALL REQUIRE SPECIAL USE
PERMITS;SETTING REQUIREMENTS,STANDARDS,AND PROCEDURES
FOR THE APPROVAL OF SPECIAL USE PERMITS FOR PLANNED DE
VELOPMENT,APPROVAL WITH CONDITIONS AND SAFEGUARDS,OR
DENIAL OF APPLICATIONS FOR SPECIAL USE PERMITS FORPLAN
NED DEVELOPMENT BY RESOLUTION OFAMINIMUMOF 3/5THS OF
THE CITY COMMISSION;SETTING OUT RELATIONSHIPS BETWEEN
PLANNED DEVELOPMENT AND GENERAL ZONING,SUBDIVISION
REGULATIONS,OROTHER CITY REGULATIONS;RELATING PLAN
NEDDEVELOPMENTTOTHECITY'SADOPTEDCOMPREHENSIVE PLAN;
SETTING OUT THE ROLES AND RESPONSIBILITIES OF THE
BUILDING,ZONING,AND COMMUNITY DEVELOPMENT DEPARTMENT,
THEENVIRONMENTALREVIEW BOARD,THEPLANNINGBOARD,AND
THECITY COMMISSION INTHEPLANNED DEVELOPMENT PROCESS;
PROVIDING FOR PLANNED DEVELOPMENT-HOUSING DEVELOPMENTS
AND SETTING STANDARDS,REGULATIONS,AND REQUIREMENTS FOR
SUCH PROJECTS;PROVIDING FOR PLANNED DEVELOPMENT-MIXED
USE-RAPID TRANSIT ORIENTED DEVELOPMENTS AND SETTING
STANDARDS,REGULATIONS,AND REQUIREMENTS FORSUCHPRO
JECTS;REPEALING ORDINANCES OR CODE PROVISIONS IN CON
FLICT HEREWITH?EXPRESSINGINTENTASTOINTERPRETATION;
PROVIDINGA SEPARABILITY CLAUSE;ANDSETTINGANEFFECTIVE
DATE.
WHEREAS,the Constitution ofthe State of Florida bythe terms of
Article 8,Section 2(b)has conferred on Florida municipal corporations all
"governmental,corporate,and proprietary powers to enable them to conduct
municipal government,perform municipal functions,and render municipal
services"and has provided that such municipal corporations "may exercise
any power for municipal purposes except as otherwise provided by law";
AND WHEREAS,The Legislature of the State of Florida has provided
by Section 166.011 et seq.,Fla.Stats,the Municipal Home Rule Powers Act,
that the provisions of the Florida Constitution shall be implemented;
AND WHEREAS,the Charter of the City of South Miami,Florida,
Article I,Section 5,authorizes the City to exercise all powers granted to
itbythe Constitution and laws of Florida;
AND WHEREAS,the City of South Miami,Florida,has acted in
accordance with the Florida Local Government Comprehensive Planning Act,
Section 163.3161 et.seq.,Fla.Stats.,and by Ordinance No.13-81-1107 has
adopted a Comprehensive Plan for the guidance of the City's future growth
and development;
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AND WHEREAS,the implementation of the adopted Comprehensive Plan
requires the utilization of the best available methods for the accomplish
ment of its goals and objectives;
AND WHEREAS,the use of planned development techniques for large
scale development encourages cooperation between the public and private
sectors and is the best available means of balancing the public interest and
the private interest in such development,to the mutual benefit of both;
AND WHEREAS,the instrument of planned development has been suc
cessfully proved and utilized by many units of Florida local government and
other communities throughout the nation;
AND WHEREAS,the present standards and procedures set out in
Section 8-10,Planned Unit Development (PUD),of the Official Zoning Ordi
nance ofthe City of South Miami,Florida,are deficient ina number ofim
portant respects and do not permit the City to take full advantage of the
range of possibilities for obtaining the public benefits afforded by plan
ned development approaches;
AND WHEREAS,all procedural and substantive prerequisites and
requirements of Florida law and the Charter of the City have been met in the
adoption of this ordinance;
NOW,THEREFORE,BEIT ORDAINED BYTHEMAYORANDTHECITY COMMISSION
OFTHE CITY OFSOUTH MIAMI,FLORIDA:
Section 1.Section 8-10,entitled "Planned Unit Development (PUD),"
of the Official Zoning Ordinance of the City of South Miami,Florida,is hereby
repealed and the following language attached hereto,which shall constitute a
new Article XVI entitled "Planned Development,"of the Official Zoning Ordi
nance of the City of South Miami,Florida,is substituted therefor.
Section 2.All ordinances or portions of ordinances,orof the
Code,of the City of South Miami,Florida in conflict herewith are repealed
to the extent necessary to give this ordinance full force and effect.
Section 3.In the event of litigation involving this ordinance,
this ordinance shall be construed broadly to accomplish its stated intent and
purpose and to accomplish the goals and objectives of the adopted South Miami
Comprehensive Plan.
'
Section 4.Should any section,provision,word,or phrase of
this ordinance be declared bya court of competent jurisdiction to be
unconstitutional or invalid,such decision shall notaffectthe validity
of this ordinance as a whole,oranypart thereof other than the part so
declared tobe unconstitutional or invalid.
Section 5.This ordinance shall takeeffect immediately atthe
time of passage.
Passed and Adopted this
ATTEST:
City Clerk
Passed on 1st Reading:5/04/82
Passed on2nd Reading:5/18/82
18th dayof May ,1982
APPROVED:
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