§ 33-284.27. Development parameters.  


Latest version.
  • All applications for the Planned Area District shall comply with the following applicable development parameters:

    (A) Size of development site.

    The minimum size of the site to be developed as a Planned Area Development shall be five (5) acres.

    (B) Development tracts.

    Proposed development shall be structured into separate geographical units termed development tracts. The tract shall be subject to unity of title and be so designed as to constitute a self-sufficient unit. The unity of title shall continue on record unless the plat includes individual lot development which was approved as such in the total development plan, in which case that part may be released from the unity of title upon final plat approval by the County Commission. The tract shall be buildable in one (1) phase, having common open space, a road system and a sufficient identity of its own in the event the overall project is not completed.

    The scheduling capabilities of the developer should relate to the size and delineation of the proposed development tract. In the design of the development tract, consideration shall be given to factors such as natural characteristics of the site, the major road patterns, the location of retail commercial facilities, water bodies, public facilities, common open space, the phasing of the development and other factors which provide definition for development tracts.

    At any time after a Planned Area Development District boundary change is approved at final hearing, any tract so approved may be subdivided in accordance with the subdivision ordinances of Miami-Dade County without any prior public hearing before the Community Zoning Appeals Board, providing that the new tract or tracts so created shall meet all of the provisions of this article, all existing agreements of record, and the written approval of the Department.

    The foregoing is not intended to preclude phased condominium development as contemplated by Section 718.403 of the Florida Statutes 1979.

    (C) Permitted residential uses.

    All residential types, including single-family, and multi-family, and workforce housing units in compliance with the provisions of this section and Article XIIA of this Code, whether detached, attached or any combination thereof, shall be permissible in the Planned Area Development zoning classification upon approval by the Community Zoning Appeals Board.

    (D) Maximum permitted density.

    Maximum permitted densities, in terms of number of units per gross residential acre and total number of dwelling units and bedrooms, shall be established for each development tract at the time of approval of the development plan by the Community Zoning Appeals Board. All uses and land areas devoted thereto approved under the other use provision, Section 33-284.27(H), shall be excluded in the computation of the overall residential density. Said number of dwelling units and densities shall be in conformance with the Comprehensive Development Master Plan (Ordinance No. 75-22, as amended from time to time), neighborhood planning studies and existing zoning and development in adjacent and in immediate areas shall be considered in the establishment of the maximum density for the Planned Area Development District. The information provided in the development impact statement shall be considered in the establishment of densities.

    Maximum permitted densities within a development tract shall be increased up to a maximum of fifteen (15) percent for each development tract that incorporates an equivalent percentage of government subsidized low- and/or moderate-income housing, as defined in the Housing and Community Development Act of 1974.

    (E) Accessory uses.

    Accessory uses which are designed in a manner compatible with the planned area development and relate to the common needs of its inhabitants shall be permitted. Accessory uses shall include but not be limited to parking garages, recreation buildings, swimming pools, play fields, utility or maintenance buildings and other similar uses.

    (F) Convenience retail service facilities.

    Convenience retail service facilities as permitted in the BU-1 Neighborhood Business District shall be permitted on the basis of the following standards:

    (1)

    Three (3) square feet of interior convenience retail floor area per dwelling unit shall be permitted.

    (2)

    Such services shall be designed as an integral part of the total development and conveniently located for the use of the residents of the proposed development.

    (3)

    Such facilities shall not be constructed prior to initiation of construction of the residential units which justify the need for such retail facilities.

    (4)

    Such services are not visible from public roads, detached signs and signs visible from public roads are not permitted.

    (G) Public facilities.

    If dedicated by the developer, land for public facilities shall be appropriately located in terms of projected user needs. Said public facility space shall not be considered in meeting common open space requirements.

    (H) Other uses with PAD application.

    Other zoning districts not previously listed as permitted uses in this article but related to the needs of the inhabitants of a proposed development or to Countywide needs shall be permitted if approved under the provisions of this article. Such other uses shall be included as separate development tracts on the basis of the zoning districts in which they are permitted and shall comply with all requirements of the applicable zoning districts, as well as all applicable requirements for development tracts. Deviations from required setback regulations need not be in conformity with the provisions of Chapter 33 of the Code of Miami-Dade County. Separate requests for zoning districts shall be made at the time of the PAD application and shall be deemed an integral part of said application.

    Other uses that are permitted only by the special exception, new use or unusual use procedure under the zoning regulations are permitted in a development tract, subject to the required Community Zoning Appeals Board approval. In all instances the development tracts in which such other uses are located shall comply with all applicable requirements for development tracts and shall be filed with the application for the Planned Area Development District. No separate request or application for special exceptions or unusual uses shall be required so long as they are clearly noted on the development plan.

    (I) Common open space.

    Open space for the common benefit of the residents of the proposed development shall be provided in accordance with the requirements in the following table:

    Dwelling Units per Residential Net Acre Percentage of the Development Tract, Site Area to be Developed to Common Open Space
    Up to 10 30%
    11—20 33%
    21—30 35%
    31—40 38%
    41 or more 40%

     

    Areas to be credited toward the common open space requirements may include the following:

    (1)

    Landscaped ground areas maintained with grass, trees and shrubbery, and unencumbered with any structure or off-street parking or private drives including those on roof decks and other above-grade surfaces.

    (2)

    Entrance features, pedestrian walks and sitting areas, shuffle boards, swimming pools, tennis courts, accessory buildings related to active or passive recreational uses and other passive or active uses including golf courses, which shall be restricted for said use.

    (3)

    Tree preservation zones of "natural forest communities" as defined in Section 24B-1, Code of Miami-Dade County.

    (4)

    Water bodies, but such water areas shall not be credited for more than 50 percent of the required common open space.

    (5)

    Land for perimeter walls, buffers, fences and berms shall be considered part of the common open space.

    The following criteria shall apply to the provisions of common open space:

    (a)

    Recreational use or uses appropriate for the use of the projected future residents of the proposed development shall be provided.

    (b)

    Common open space shall be so located and developed as to be accessible to residents of the development.

    (c)

    Common open space shall relate to any natural site characteristics in such a way as to preserve and enhance both their functional and scenic qualities to the fullest extent.

    (d)

    Improvements to common open space areas in accordance with the development tract plan shall be coordinated with and shall keep pace with the construction of dwelling units.

    (J) Conveyance and maintenance of common open space.

    All land designated on approved plans as common open space will be conveyed under one (1) of the following procedures:

    (1)

    For those projects developed under a condominium arrangement, common open space shall be maintained under the applicable Florida State law.

    (2)

    The common open space may be conveyed to a homeowners' association in which case conveyance shall be subject to covenants to be approved by the County restricting the open space to uses specified in the final plan and providing for the maintenance of the common open space in a manner that assures its continuing use for its intended purpose provided that:

    (a)

    Approval by the Miami-Dade County Attorney's Office shall be required.

    (b)

    A homeowners' association shall be established before the units or individual building lots are sold.

    (c)

    Membership shall be mandatory for each resident and said association shall have the authority to adjust the assessment to meet the needs of maintaining the open space.

    (d)

    Any sums levied by the homeowners' association that remain unpaid shall become a lien on the individual property and said lien shall be superior to all other liens save and except tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens and secure indebtedness which are amortized in monthly or quarter annual payments over a period of not less than ten (10) years.

    (e)

    The homeowners' association shall be responsible for maintenance and local taxes.

    (K) Private open space.

    Private open space is required for each single-family attached or detached unit that has direct ground floor access. Said space shall be for the exclusive recreational or leisure use of the inhabitants of the dwelling unit, and shall be located immediately adjacent to the unit, and designed in such a way as to provide privacy from adjacent dwelling units. Said private open space shall be in addition to the common open space required and the amount of such space shall be equivalent to sixty (60) percent of the interior gross floor area of each attached unit and equivalent to one hundred twenty-five (125) percent of the interior gross floor area of each detached unit. Provisions shall be made in the sale or rental of such units that such private open space is for the exclusive use of the unit concerned.

    (L)  Trees.

    Landscaping and trees shall be provided in accordance with Chapter 18A of this Code.

    (M)  Parking.

    All required parking shall comply with Chapter 33, Article VII, Off-Street Parking, Section 33-124, Miami-Dade County Code.

    (N)  Minimum square footage.

    The minimum square footage for a single-family attached or detached unit that has direct ground floor access shall be eight hundred fifty (850) square feet. Multifamily residential units shall have a minimum square footage of four hundred (400) square feet for efficiencies, five hundred fifty (550) square feet for one (1) bedroom units with an additional one hundred (100) square feet for each additional bedroom.

(Ord. No. 76-106, § 1(4), 12-7-76; Ord. No. 81-90, § 1, 7-21-81; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 95-223, § 1, 12-5-95; Ord. No. 96-127, § 27, 9-4-96; Ord. No. 98-7, § 2, 1-13-98; Ord. No. 02-149, § 1, 9-12-02; Ord. No. 07-05, § 18, 1-25-07; Ord. No. 08-51, § 1, 5-6-08)