ORDINANCE 971ORDINANCE NO -. 54 -77 -971
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA,, AMENDING ARTICLE VIII OF SECTION
1 OF ORDINANCE NO. 20 -71- 724, HERETOFORE
ADOPTED AS THE OFFICIAL ZONING ORDINANCE;
OF THE CITY OF SOTITH MIAMI, FLORIDA, BY
ADDING A NEW SECTION 8 -10 TO BE ENTITLED
"PLANNED UNIT DEVELOPMENT" CONTAINING,
INTENT, DEFINITION, STANDARDS,, PROCEDURES',
AND OTHER REGULATIONS PERTAINING TO PLANNED
UNIT DEVELOPMENT; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT THEREWITH,
AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE
EFFECT
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Article VIII of Section 1 of
Ordinance No. 20 -71 -724, heretofore adopted as the Official
Zoning Ordinance of the City of South Miami, Florida, be, and
the same is hereby amended by adding the following new Section,
to -wit:
"8 -10 PLANNED UNIT DEVELOPMENT (PUD)
8 -10 -1 Intent
Within districts now existing or which may
hereafter be created, it is intended to
permit as a conditional use, as application
and on approval of site, use and building
plans, creation of new ,planned unit developments
(PUD) for flexible comprehensive development
purposes where tracts suitable in location and
character for the uses and structure" proposed
are to be planned and developed as units.
Suitability of such tracts for the plans and
development proposed for the PUD shall be
determined by the City Council. 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 united 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 pattern is permitted in order
to enc6UtAge the best uti,litation of the land on
which the deVdl.ofmdfit is being cofistructed. its
view of the substantial public! advantages of
Plagued unit it is the int @ft of
this Section to pro eo and encourage development
In this fora where appropriate i;n Location and
character.w
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"8 -10 -2 Definition of Planned Unit. Development
For the purposes of this Ordinance a Planned
Unit Development is:
.01 Land of at least two(2) acres under unified control
for development purposes, planned and developed
as a whole, in a single development operation.
.02 According to comprehensive and detailed plans
sat9 ofact`c -y to ' `ie City Council.
.03 With approval by the City Council 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 ;plans for other uses and
improvements on the land as related to the
buildings.
(c) A program for 'provision, operation and maintenance
of such areas, improvements, facilities and
services as will be for common use by some or
all of the occupants of the PUD, but will not
be provided, operated or maintained at general
public expense."
"8 -10 -3 Planned Unit Development: Where Permitted
.01 Planned Unit 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
Council pursuant to a PUD Application, where
tracts suitable in location and character for the
uses and structures proposed are to be planned
and developed as a PUD, according to the
requirements and procedures set forth in this
Article.
.02 The location of the Planned Unit Development shall
be designated on the Zoning Map by the designation
'BUD' followed by the proper designation of the
existing zoning district or districts."
"8 -10 -4 Standards for PUD
In reaching recommendations and decisions on the
granting of a conditional use PUD, the following
standards shall be used
.01 Location
(a) Relation to major transportation .facilities.
(b) Relation to public utilities, facilities and
services.
(c) Physical character of the site; relation to
surrounding Property.
02 Minitndm Area
It is the Intent of this Article to encourage
the assembly of land into larger pareels in
order td achieve a hetter urban environment.
-2-
"To qualify for a Planned Unit Development
Application, a tract of land shall possess
riot less than two (2,) acres.
.03 Uses, Density, Open Space and Floor Area
Ratio and Other Regulations
Within a Planned Unit Development, any principal
and accessory use, density, open space and floor
area iatio, and other regulations is permitted
which is already permitted in the existing zoning
district or districts. The distribution of these
permitted principal and accessory uses, density,
open space and floor area ratio, and other
regulations or deviations therefrom, shall not
be affected by existing zoning regulations, but
shall be subject to the approval of the City
Council. Deviations from the permitted principal
and accessory uses, density, open space and floor
area ratio and other regulations, may be granted
upon approval of a PUD Conditional Use Application
by the City Council. Criteria to be considered
by the City Council for approval of deviations as
described above may include but are not limited to:
(a) Private renewal and redevelopment 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) Preservation of historical structures and /or areas.
(e) Protection and enhancement of views for the
public.
(f) Provision of terminal facilities for off - street
parking of automobiles and service vehicles.
(g) Other public benefits.
118 -10 -5 Procedures for Securing Approval of a Planned
Unit Development
.01 Pre - Application Conference
Before submitting an Application for a Planned
Unit Development, an applicant may confer with
the City to obtain information and guidance before
entering into binding commitments, or incurring
substantial 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 Advisory Board,
the City Council, or rather City Departments.
.OZ Application for PO
An applicant applying for POD shall submit to the
Planning Advisory Board nn Appl.icati6n for
Conditional 096 POD. The APPUCatiOn shall, be
accompanied by the following docurwhtt and
informatione.
-3-
(a) The evidence of unified control of the
proposed PUD to effectuate the proposed
plan including a statement of all the owner-
ship 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.
(c) Site Development Plans.
(d) When a Planned Unit Development is to be
constructed in stages, ,a schedule of
development shall be submitted.
(e) When a PUD includes provisions for common
open space, or recreational facilities, a
statement describing the provision that is
to be made for the care and maintenance of
such open space or recreational facilities..
Satisfactory provisions shall be made to assure
that non - public areas and facilities for the
common use of occupants of a PUD, but not in
individual ownership of such occupants, shall be
maintained in satisfactory manner without expense
to the taxpayers of the City.
(f) Copies of any restrictive covenants that are
to be recorded with respect to property included
in the PUD.
.03 Platting Requirements
(a) If it is determined by the City Council that
the approval of a tentative plat is necessary
prior to a final determination on the PUD
Application, the City Council may require the
same.
(b) In all other instances, lands encompassed by a
PUD may be platted or replatted in accordance with
the procedures and regulations set forth by
this Zoning Ordinance and other Ordinances and
Codes of the City.
.04 Planning Advisory Board Action and Findings
The Planning Advisory Board shall hold a Public
Hearing on the Application. Such public hearings
shall consider all aspects of the proposed PUD. The
Planning Advisory Board shall prepare and transmit
to the City Council, specific findings of fact
together with its recommendations. The Planning
Advisory Board may recommend approval of the PUD as
proposed, approval conditioned or stated trtodifica-
Lions, or disapproval.
.U'S Action_ b-, _I is
The City Council shall either grant the Application,
With or without Modification, or deny such
application. If the conditional -Use PUD is granted,
the aroa of land involved shall be designated as a
CdMittionai Use planned Uniti, Davelopntent by Resol..
utiom, and such f esclution shall incorporate the
'bavelopMent Platt, including tt y d.ifieation, Bondi-
Lion or restrietion that May be inoged by the City
c6ancil.
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"Conditional Use PUD Zoning on the land, and no
Building Permit shall be issued except in
conformity with all provisions 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."
"8 -10 -6 Changes in nevc!Qpment 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 such
change or changes are in accord with all regulations
in effect when change is requested,an'd 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 PUD."
"8 -10 -7 Conflicts
After public hearings and upon the findings by the
Planning Advisory Board and City Council that the
grant of a Conditional Use PUD in the particular case
serves a greater public purpose as to design of the
particular plan and its relationship to the surround-
ing 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. All Ordinances or parts of Ordinances .
in conflict herewith be, and the same are hereby repealed.
Section 3. This Ordinance shall take effect
immediately at the time of its passage.
PASSED and ADOPTED this 4th day of October ,1977.
Attest:
City Clerk.
APPROVED:
Passed on First Reacting: 5/20/77
passed on Second heading: 10/4/77
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114
Mayor