The intent of the downtown mixed use (DMU) district is to provide for the horizontal and vertical integration of urban-oriented uses in the city center.

The purpose of this district is to promote the planned development of large mixed use projects in Downtown Doral, by allowing greater freedom of design, improving the opportunity for flexibility, creativity and innovation in land development, limiting the expenditure of public funds, and achieving the intent of land use regulations, in exchange for the provision by the developer of substantial community benefits beyond increased tax base and employment.

(Ord. No. 2007-12, exh. A(ch. V, § 14(a)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

(1)

Permitted. This district allows business/retail, office and residential uses. A mix of uses is permitted and required for every DMU site. Hotel and hospitality uses are allowed as part of the commercial mix, which shall include a combination of at least two of the following uses: (i) business/retail; (ii) office; and (iii) residential. The development plans (site plan) and community connectivity plans for DMU sites shall identify strategic locations where vertical mixed use shall occur to facilitate multimodal options. At these locations, retail/service businesses are encouraged to be located on the ground floor with office/residential uses above. This shall not preclude horizontal mixed use where the site plan and community connectivity plans demonstrate that the functional arrangement of such uses achieves the purpose of this district. Parks, public facilities and recreational facilities are also permitted in this district.

(2)

Prohibited. The following uses are not permitted in the downtown mixed use district:

(a)

Big box retail stores.

(b)

Industrial uses.

(c)

Adult entertainment uses.

(d)

Boat sales.

(e)

Fortunetellers, astrologers, and palm readers.

(f)

Funeral homes.

(g)

Greenhouses and nurseries (wholesale).

(h)

Laundry and dry cleaning plants.

(i)

Motor vehicle repair facilities.

(j)

Motor vehicle service centers.

(k)

Pawnshops.

(l)

Tattoo parlors.

(m)

Veterinary clinics.

(Ord. No. 2007-12, exh. A(ch. V, § 14(b)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

(1)

Density. Density in this district is limited to no more than 25 units per gross acre. Additional density up to 35 units per gross acre may be granted for projects that exhibit creative excellence in exceeding the minimum standards contained in section 86-83 of the City Code. In addition, a workforce housing density bonus of up to 30 percent of total units may be granted for the provision of at least two-thirds of the bonus units as workforce housing in compliance with Miami-Dade County Code Chapter 17, Article IX.

(2)

Floor area ratio (FAR). FAR shall be limited to 0.5 for the first floor and 0.25 for each additional floor, exclusive of structured parking.

(3)

Open space. Landscaped open space must comprise a minimum of 10 percent of the project site.

(4)

Height. Maximum building height is eight stories. Additional height greater than eight stories may be granted for projects that exhibit creative excellence in exceeding the minimum standards contained in section 86-83 of the City Code.

(Ord. No. 2007-12, exh. A(ch. V, § 14(c)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

All developments in the downtown mixed use zoning district shall develop with the following standards:

(1)

Location and minimum site area. In order for a parcel to be rezoned to DMU, it must be designated in the downtown mixed use land use category. The minimum site area is ten acres of contiguous land, except parcels adjacent to an existing DMU parcel and located south of NW 58th Street, east of NW 87th Avenue, north of NW 33rd Street, and west of NW 79th Avenue may contain a minimum site area of five acres.

(2)

Perimeter development requirements. Existing residential development along the perimeter of the DMU development shall be protected by setbacks, landscape buffers, landscaped walls and other techniques provided for in chapter 71, Landscaping and Buffers, of the City Code.

(3)

Internal development requirements. The internal development requirements for DMU developments are as follows:

(a)

Minimum lot size shall be consistent with the lot size requirements for the building type proposed based on zoning regulations for similar building types in the City Code. The lot size to be used in a proposed DMU development will be determined by the planning and zoning director.

(b)

The minimum distance between on-site structures shall be in compliance with the standards of the Miami-Dade County Fire Department.

(c)

Minimum building setbacks shall be in compliance with the setback standards for the zone(s) in the City Code permitting similar building types. The setbacks to be used in a proposed DMU development will be determined by the planning and zoning director.

(4)

Off-street parking. Parking for DMU projects must be in compliance with chapter 77, division 2, of the City Code, except in the special circumstances provided herein. With the intent to promote the use of multimodal transportation and the reduction of automobile traffic, and recognizing that developments in the DMU with more than 1,500 residential dwelling units and over 500,000 square feet of commercial/office space will encourage visitors to park once and visit multiple destination in a single project, the off-street parking requirements for projects in the DMU with more than 1,500 residential dwelling units and more than 500,000 square feet of commercial/office space shall be as follows:

(a)

For residential uses, one space per dwelling unit;

(b)

For live/work uses, one space per 1,000 square feet of net floor area;

(c)

For hotel or motel uses, one space per three lodging units;

(d)

For theaters, one space per eight fixed seats;

(e)

For all other uses, one space per 500 square feet of net floor area;

(f)

Section 77-140(C) entitled "Adjustments to requirements" that allows for reductions for mixed or joint use of spaces shall be limited to only DMU projects which meet the special circumstances delineated in this section 68-557(4) above. DMU projects that do not satisfy the criteria in this subsection shall not be permitted reductions for mixed or joint used of spaces.

(5)

Landscaping and buffering. The landscaping shall meet all requirements of chapter 71, Landscaping and buffers, of the Land Development Code. A landscape buffer strip at least ten feet in width is required along the frontage with all public streets. This buffer shall contain landscaping only; parking spaces, signage, above ground utilities and other structures are not allowed.

(6)

Underground utilities. To the maximum extent possible, all on-site utilities shall be installed underground. Existing overhead power lines shall be underground. The developer shall provide adequate landscaping to screen all above ground facilities which are not possible to place underground.

(7)

Connectivity and walkability.

(a)

Every residential unit or permitted use shall have direct access to a public street via private road, common easement or other area dedicated or reserved for public use.

(b)

To provide for interconnectivity between developments, the DMU development must provide logical connections to surrounding properties. If the surrounding properties are vacant, then the project shall contain viable road and/or pedestrian stub-outs to neighboring residential and/or commercial properties in anticipation of future development.

(c)

Each DMU site plan must incorporate the applicable connectivity and walkability standards contained in the "FDOT Context Classification Guide", dated July 2020, as amended.

(8)

Common space requirements. The minimum open space area required for a DMU development is established in section 68-556 of this division. No area shall be accepted as common open space unless it satisfies the following standards:

(a)

Common open space shall consist entirely of pervious landscaped area and be usable by all residents of the planned development.

(b)

Common open space shall be suitably improved for intended use. Such use may include aesthetic, amenity, buffering or recreational purposes, or the preservation of natural resources, natural features or listed species habitats.

(c)

Common open space set aside for preservation shall remain undisturbed and be protected by conservation easements.

(d)

The location, shape, size and character of common open space shall be depicted on the site plan.

(e)

Common open space shall not be used for the construction of any structures other than recreational facilities.

(f)

Common open space contains a private park equal in size to 25 percent of the city's parks level-of-service standard as applied to the DMU project, developed with passive and active recreation facilities. Indoor recreation gymnasiums containing exercise equipment and ancillary workout rooms can be counted toward meeting up to 50 percent of this requirement. This requirement applies only to the residential portions of DMU projects.

(9)

Transit improvements. The applicant must provide a transit shelter with internal lighting, and/or bus pull-out lane on any public streets fronting the development if the location is recommended by the Miami-Dade County and/or the city transit agencies. The transit shelter design must be approved by the city. Bus benches and signage must also be provided if recommended by the agencies. The developer is responsible for coordinating with the transit agencies to identify and implement recommended transit improvements.

(10)

Coordination with city police department. The applicant must coordinate with the city police department and implement crime prevention and enhanced safety features within the project. The site plan must demonstrate compliance with the Crime Prevention Through Environmental Design (CPTED) principles of natural surveillance, access control, territorial reinforcement and space management.

(11)

Council input. The city council shall reserve the right to make a final determination to approve and to modify the urban design guidelines, dimensional requirements, landscaping, landscape buffers, signage and any other site feature applicable at the time of the DMU rezoning. The site plan shall be presented during a zoning workshop as part of the rezoning application for the DMU rezoning, pursuant to section 53-184.

(12)

Compliance with regulations in effect at the time of development. Unless otherwise specifically described within the master development agreement, the site plan and development permits, uses and structures within the DMU development shall comply with regulations, ordinances and resolutions in effect at the time of plan approval or permit application. If there are no prevailing regulations, the city manager or his designee shall reserve the right to make final determination on any site design regulation. This provision shall be included in all master development agreements.

(Ord. No. 2007-12, exh. A(ch. V, § 14(d)), 8-22-2007; Ord. No. 2011-34, § 2, 1-11-2011; Ord. No. 2015-07, § 2, 3-17-2015; Ord. No. 2015-22, § 2, 6-16-2015; Ord. No. 2016-16, § 3, 5-18-2016; Ord. No. 2017-04, § 2, 3-22-2017; Ord. No. 2017-10, § 2, 8-23-2017; Ord. No. 2018-17, § 2, 9-26-2018; Ord. No. 2021-27, § 2, 9-22-2021)

Upon application for rezoning to the downtown mixed use district, the applicant shall provide the following information, as applicable:

(1)

Recent aerial photograph with project boundaries clearly marked.

(2)

Recent boundary survey with north arrow and scale.

(3)

Full legal description of the property with attached copies of any instruments referred to such as deeds, plats, covenants or restrictions.

(4)

Names and addresses of the owners of the property to be rezoned and evidence of unified control of the property.

(5)

Names and addresses of all property owners within 500 feet of the proposed project boundaries.

(6)

Map indicating the location and dimensions of the following existing features on the property:

(a)

Vegetation;

(b)

Land uses;

(c)

Buildings;

(d)

Structures;

(e)

Utilities;

(f)

Drainageways;

(g)

Easements;

(h)

Public street rights-of-way;

(i)

Railways;

(j)

Transit facilities;

(k)

Property lines and recorded plats; and

(l)

Docks, bulkheads and other water-related structures.

(7)

Statement as to how the proposed project conforms to the city's adopted comprehensive plan.

(8)

Scaled and fully-dimensioned set of plans ("site plan") containing the following sheets and information (as applicable):

(a)

Property boundary, building locations, parking, driveways, internal roads, drive aisles, landscaped open space, utilities, internal lot lines and size of lots, building setbacks, on-site retention areas, pedestrian walkway system, recreational areas, garbage dumpsters, sidewalks, water features, loading areas, public art location(s), community benefit areas and features, perimeter roads with full right-of-way cross-sections, proposed road improvements, right-of-way dedications proposed, typical size of parking spaces, and area map showing project location.

(b)

Zoning legend with proposed zoning district, gross/net site area, number of dwelling units, gross and net density, amount of commercial/industrial square footage, building height in stories and feet, floor area ratio, interior size of dwelling units in square feet, number of bedrooms, lot coverage, setbacks, open space in percent of lot and square feet, and parking calculations. Where applicable, show both the required and provided value for the zoning parameters above.

(c)

Landscape plan showing location, species, size at installation, quantity, landscaped area in green shading, landscape buffer areas, bufferyard calculations, and planting/maintenance instructions for all landscaping. Landscaping shall meet or exceed the standards set forth in chapter 71 of the City's Code.

(d)

Floor plans.

(e)

Exterior photometric plan.

(f)

Color elevations of all buildings visible from public streets.

(g)

Signage plan for all stand-alone and building signs showing location, sign face area, height, width, setback from nearest property line and any proposed lighting. Signs in the DMU project shall be in accordance with chapter 80 of the City's Code.

(h)

Phasing plan with commencement and completion dates for each phase, and final build out date of entire project.

(i)

Plan sheet showing with notes and arrows how the project complies with the city's low impact development requirements.

(j)

Plan sheet(s) showing with notes and arrows how the project complies with chapter 86, Urban design and architectural standards. This sheet(s) must be specifically approved by the city's planning and zoning department.

(k)

Plan sheet(s) showing with box notes and arrows how the project complies with the CPTED principles of natural surveillance, access control, territorial reinforcement and space management.

(l)

Plan sheet(s) showing with box notes and arrows how the project complies with the applicable connectivity and walkability standards contained in the "FDOT Context Classification Guide", dated July 2020, as amended.

(m)

Plan sheet showing the traffic circulation system, including arterial, collector, and local streets; off-street parking areas and facilities; loading areas; and points of access to adjacent public rights-of-way.

(n)

Plan sheet showing the pedestrian and bike path circulation system, including trails, and its interrelationship and proposed treatment of points of conflict with the traffic circulation system.

(9)

Letter of landscape compliance sealed by a Florida-registered landscape architect certifying that the landscape plan is in compliance with chapter 71 of the City Code.

(10)

Statement describing how the project will comply with the city's public arts program (Chapter 75).

(11)

Traffic impact analysis.

(12)

Any other information deemed pertinent by the planning and zoning director or city council. The planning and zoning director may waive any of the site plan submittal items or portions of items upon a showing of good cause.

(Ord. No. 2021-27, § 2, 9-22-2021)

Each DMU development must commit to provide community benefits beyond increased tax base and employment. The potential community benefits are listed below. A minimum of two benefits must be included in the DMU site plan.

(1)

Neighborhood or pocket park a minimum of one-half acre in size and located adjacent to a public street.

(2)

'LEED Gold' certification for all buildings or an equivalent certification.

(3)

Transit shelter if recommended by the county or city transit agency.

(4)

Community garden a minimum of one-half in size and located adjacent to a public street.

(5)

Public plaza containing at least one civic/cultural feature and comprising a minimum of 25 percent of the project frontage on the street with a depth of at least 40 feet.

(6)

A minimum of 20 percent of the total dwelling units in the DMU project qualify under the city's standard as "workforce housing."

(7)

Any other project feature determined by the city council to be a community benefit.

All community benefit features approved for a DMU project must be improved and maintained by the property owner in perpetuity.

(Ord. No. 2021-27, § 2, 9-22-2021)

Upon application for rezoning to the downtown mixed use district, the applicant shall provide a master development agreement (MDA). The agreement shall contain and address the following information, when applicable:

(1)

Project location, legal description and description summarizing the information contained in section 68-582(8)(a) of this division.

(2)

Zoning specifications contained in section 68-582(8)(b) of this division.

(3)

Detailed description of the community benefit features and public art to be installed and building permit issuance deadline when each one will be in place.

(4)

Description and specifications for any roadway and transit improvements to be built by the developer and building permit issuance deadline when each one will be completed.

(5)

Project phasing with commencement and completion dates for each phase, and final build-out date for entire project. Include statement that any variation from a phasing plan date that exceeds four months will require administrative approval by the planning and zoning director.

(6)

Technical statement showing how the city's public facility level-of-service standards are being met and/or exceeded by the project.

(7)

Statement of the manner in which all city and county concurrency requirements are met.

(8)

Reduced copy of site plan approved by city council.

(9)

Final page of agreement stating the owner(s) is in agreement with all specifications and requirements contained in the MDA. The owner(s) signature(s) must be notarized.

(10)

Any other information deemed pertinent by the planning and zoning director or city council.

(Ord. No. 2021-27, § 2, 9-22-2021)

The homeowners and/or condominium association documents for the residential portions of the DMU must be submitted with the DMU rezoning application for review by the planning and zoning director and city attorney.

(Ord. No. 2021-27, § 2, 9-22-2021)

(1)

The applicant and all successors or assigns in interest shall submit yearly progress reports to the planning and zoning director.

(2)

If no construction has been initiated in the DMU development within 12 months from time of rezoning, the applicant must apply to the planning and zoning director for a time extension. If the director does not find adequate justification for a time extension, the city manager shall bring the matter before city council for either a time extension of the DMU or termination of the DMU zoning. However, if the applicant does not apply for an extension of time within the 12 month period, the city manager shall bring the matter before city council, which may, after public hearing, declare that the approved site plan and master development agreement (MDA) are of no force and effect.

(Ord. No. 2021-27, § 2, 9-22-2021)

Before submitting an application for rezoning to the DMU district, the applicant shall meet with the planning and zoning department to determine the feasibility for the proposed plan and its relationship to the city's adopted comprehensive plan.

(Ord. No. 2021-27, § 2, 9-22-2021)

Any plan or exhibit as part of an application for a DMU development shall certify that the services of two or more of the following professionals were utilized in the design or planning process:

(1)

An urban planner who is a member of the American Institute of Certified Planners;

(2)

A landscape architect registered by the state;

(3)

An architect licensed by the state; and

(4)

A professional civil engineer registered by the state.

(Ord. No. 2021-27, § 2, 9-22-2021)

All information required in section 68-558 for DMU rezoning shall be submitted to the planning and zoning department. Six copies of the site plan are required.

(Ord. No. 2021-27, § 2, 9-22-2021)

All applications shall be reviewed by the development review committee (DRC), and members' comments shall be delivered and discussed at a regularly scheduled meeting. Formal comments of the development review committee (DRC) shall be transmitted in writing to the applicant no later than three working days after the meeting.

(Ord. No. 2021-27, § 2, 9-22-2021)

Resubmittal of the site plan and master development agreement reflecting revisions required by development review committee (DRC) comments shall be made within two weeks DRC meeting for expedited processing. The revised site plan and master development agreement shall be reviewed by the appropriate DRC members.

(Ord. No. 2021-27, § 2, 9-22-2021)

Prior to the application being scheduled for the city council, the applicant must submit the site plan and master development agreement and obtain approval from the county department of environmental resources management (DERM), county fire rescue, county school board, county public works department, city police department, county transit authority and any other relevant agency as determined by the planning and zoning director.

(Ord. No. 2021-27, § 2, 9-22-2021)

(1)

Upon receiving the recommendation of the planning and zoning director, and following a zoning workshop pursuant to section 53-184, the city council shall, at a regularly scheduled public meeting, review said recommendation and either approve, approve subject to conditions, or disapprove the application.

(2)

In the event the rezoning is approved by the city council, the approved master development agreement and site plan shall be certified by the city clerk and said certified copy shall be filed as a permanent record.

(Ord. No. 2021-27, § 2, 9-22-2021)

(1)

No permits shall be issued and no development shall commence unless they are in conformance with approved site plan and master development agreement unless a change or deviation is approved.

(2)

The planning and zoning director may approve minor changes and deviations from the approved site plan which are in compliance with the provisions and intent of this Land Development Code, and which do not depart from the principal concept of the approved site plan.

(3)

Should the planning and zoning director determine that a requested change or deviation from the approved site plan does not comply with the provisions and intent of this Land Development Code, or departs from the principles of the approved site plan and the criteria below are met as applicable. All other changes and deviations must be approved by the city council.

(a)

The change will not reduce the landscaped open space, natural area or parking area; and

(b)

The change will not increase the density of the site plan; and

(c)

The change will not modify approved uses; and

(d)

The change will not add commercial or industrial square footage; and

(e)

The change will not result in any structure, internal street, or parking area being moved by more than five feet in any direction; and

(f)

The change will not reduce any approved setback; and

(g)

The change will not result in an increase in the height of any structure; and

(h)

The change does not result in any significant adverse impacts beyond the site.

(Ord. No. 2021-27, § 2, 9-22-2021)

The second reading of the ordinance for rezoning of any land to the downtown mixed use district shall not take place until the developer has provided an executed copy of the master development agreement to the city clerk. The document shall be a fully corrected copy which addresses all issues discussed prior to the scheduled second reading. If there are no additional requirements, corrections or conditions attached by the city council at the second reading, the executed document shall be signed by the city clerk and mayor and forwarded to the county clerk for recording. If there are additional requirements, corrections or conditions attached by the city council at the second reading, the applicant shall revise the agreement and site plan, and return the documents to the city clerk within 30 days for execution and recording. The requirement to return the document within 30 days shall be specified by the city council as a condition for approval of the rezoning.

(Ord. No. 2021-27, § 2, 9-22-2021)

The intent of the community mixed use district (CMU) is to provide a flexible, multi-use zoning palette for high intensity, urban activity nodes north, south and west of Doral's downtown, and at other special locations such as the gateways to the city.

The purpose of this district is to promote the planned development of large mixed use projects which support and compliment downtown development, by allowing greater freedom of design, improving the opportunity for flexibility, creativity and innovation in land development, limiting the expenditure of public funds, and achieving the intent of land use regulations, in exchange for the provision by the developer of substantial community benefits beyond increased tax base and employment.

(Ord. No. 2007-12, exh. A(ch. V, § 15(a)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

(1)

Permitted uses. The community mixed use district is intended to permit a combination of uses within one development with a proportionate use mix. This district allows retail, service, office and residential uses. A mix of commercial and residential uses are required on CMU sites. Single use parcels within a CMU project are permitted provided no building is greater than 330 feet from another building containing a different single use type or mixed use, and located on the same side of the street. Parks, public facilities and recreational facilities are also permitted.

(2)

Prohibited uses. The following uses are not permitted in the community mixed use district:

(a)

Industrial uses.

(b)

Adult entertainment uses.

(c)

Boat sales.

(d)

Fortunetellers, astrologers, and palm readers.

(e)

Funeral homes.

(f)

Greenhouses and nurseries (wholesale).

(g)

Laundry and dry cleaning plants.

(h)

Motor vehicle repair facilities.

(i)

Motor vehicle service centers.

(j)

Pawnshops.

(k)

Tattoo parlors.

(l)

Veterinary clinics.

(Ord. No. 2007-12, exh. A(ch. V, § 15(b)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

(1)

Density. Density in this district is limited to no more than 19 units per gross acre. Additional density up to 25 units per gross acre may be granted for projects that exhibit creative excellence in exceeding the minimum standards contained in section 86-83 of the City Code. In addition, a workforce housing density bonus of up to 30 percent of total units may be granted for the provision of at least two-thirds of the bonus units as workforce housing in compliance with Miami-Dade County Code Chapter 17, Article IX.

(2)

Floor area ratio (FAR). FAR shall be limited to 0.5 for the first floor and 0.25 for each additional floor, exclusive of structured parking.

(3)

Open space. Landscaped open space must comprise a minimum of 15 percent of the project site.

(4)

Height. Maximum building height is eight stories. Additional height up to ten stories may be granted for projects that exhibit creative excellence in exceeding the minimum standards contained in section 86-83 of the City Code.

(Ord. No. 2007-12, exh. A(ch. V, § 15(c)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

All developments in the community mixed use zoning district shall develop with the following standards:

(1)

Location and minimum site area. In order for a parcel to be rezoned to CMU, it must be designated in the community mixed use land use category. The minimum site area is ten acres of contiguous land area, except for parcels with frontage on Doral Boulevard which can be seven acres or greater in size.

(2)

Perimeter development requirements. Existing residential development along the perimeter of the CMU development shall be protected by setbacks, landscape buffers, landscaped walls and other techniques provided for in chapter 71, Landscaping and buffers, of the City Code.

(3)

Internal development requirements. The internal development requirements for CMU developments are as follows:

(a)

Minimum lot size shall be consistent with the lot size requirements for the building type proposed based on zoning regulations for similar building types in the City Code. The lot size to be used in a proposed CMU development will be determined by the planning and zoning director.

(b)

The minimum distance between on-site structures shall be in compliance with the standards of the Miami-Dade County Fire Department.

(c)

Minimum building setbacks shall be in compliance with the setback standards for the zone(s) in the City Code permitting similar building types. The setbacks to be used in a proposed CMU development will be determined by the planning and zoning director.

(4)

Off-street parking. Parking for CMU projects must be in compliance with chapter 77, division 2, of the City Code. In addition, parking facilities must adhere to the following guidelines:

(a)

Parking lot layout, landscaping, buffering and screening shall prevent direct views of parked vehicles from streets.

(b)

The interior of all parking lots shall be landscaped to provide shade and visual relief.

(c)

Parking lot layout shall provide for safe and efficient pedestrian circulation and depict pedestrian crosswalks where necessary and appropriate.

(d)

Bicycle parking spaces must be provided evenly throughout the site and meet minimum requirements pursuant to the Land Development Code.

(e)

Section 77-140(c) entitled "Adjustments to requirements" that allows for reductions for mixed or joint use of spaces shall not apply to CMU projects.

(5)

Landscaping and buffering. The landscaping shall meet all requirements of chapter 71, Landscaping and buffers, of the Land Development Code. A landscape buffer strip at least 15 feet in width is required along the frontage with all public streets. This buffer shall contain landscaping only; parking spaces, signage, above ground utilities and other structures are not allowed.

(6)

Underground utilities. To the maximum extent possible, all on-site utilities shall be installed underground. Existing overhead power lines shall be underground. The developer shall provide adequate landscaping to screen all above ground facilities which are not possible to place underground.

(7)

Connectivity and walkability.

(a)

Every residential unit or permitted use shall have direct access to a public street via private road, common easement or other area dedicated or reserved for public use.

(b)

To provide for interconnectivity between developments, the CMU development must provide logical connections to surrounding properties. If the surrounding properties are vacant, then the project shall contain viable road and/or pedestrian stub-outs to neighboring residential and/or commercial properties in anticipation of future development.

(c)

Each CMU site plan must incorporate the applicable connectivity and walkability standards contained in the "FDOT Context Classification Guide", dated July 2020, as amended.

(8)

Common space requirements. The minimum open space area required for a CMU development is established in section 68-580 of this division. No area shall be accepted as common open space unless it satisfies the following standards:

(a)

Common open space shall consist entirely of pervious landscaped area and be usable by all residents of the planned development.

(b)

Common open space shall be suitably improved for intended use. Such use may include aesthetic, amenity, buffering or recreational purposes, or the preservation of natural resources, natural features or listed species habitats.

(c)

Common open space set aside for preservation shall remain undisturbed and be protected by conservation easements.

(d)

The location, shape, size and character of common open space shall be depicted on the site plan.

(e)

Common open space shall not be used for the construction of any structures other than recreational facilities.

(f)

Common open space must contain a private park equal in size to 50 percent of the city's parks level-of-service standard as applied to the CMU project, developed with passive and active recreation facilities. Indoor recreation gymnasiums containing exercise equipment and ancillary workout rooms can be counted toward meeting up to 50 percent of this requirement. This requirement applies only to the residential portions of CMU projects.

(9)

Transit improvements. The applicant must provide a transit shelter with internal lighting, and/or bus pull-out lane on any public streets fronting the development if the shelter location and/or lane is recommended by the Miami-Dade County and/or the city transit agencies. The transit shelter design must be approved by the city. Bus benches and signage must also be provided if recommended by the agencies. The developer is responsible for coordinating with the transit agencies to identify and implement recommended transit improvements.

(10)

Coordination with city police department. The applicant must coordinate with the city police department and implement crime prevention and enhanced safety features within the project. The site plan must demonstrate compliance with the Crime Prevention Through Environmental Design (CPTED) principles of natural surveillance, access control, territorial reinforcement and space management.

(11)

Council input. The city council shall reserve the right to make a final determination to approve and to modify the urban design guidelines, dimensional requirements, landscaping, landscape buffers, signage and any other site feature applicable at the time of the CMU rezoning. The site plan shall be presented during a zoning workshop as part of the rezoning application for the CMU rezoning, pursuant to section 53-184.

(12)

Compliance with regulations in effect at the time of development. Unless otherwise specifically described within the master development agreement, the site plan and development permits, uses and structures within the CMU development shall comply with regulations, ordinances and resolutions in effect at the time of plan approval or permit application. If there are no prevailing regulations, the city manager or his designee shall reserve the right to make final determination on any site design regulation. This provision shall be included in all master development agreements.

(Ord. No. 2007-12, exh. A(ch. V, § 15(d)), 8-22-2007; Ord. No. 2016-16, § 3, 5-18-2016; Ord. No. 2016-10, § 2, 6-22-2016; Ord. No. 2017-04, § 2, 3-22-2017; Ord. No. 2021-27, § 2, 9-22-2021)

Upon application for rezoning to the community mixed use district, the applicant shall provide the following information, as applicable:

(1)

Recent aerial photograph with project boundaries clearly marked.

(2)

Recent boundary survey with north arrow and scale.

(3)

Full legal description of the property with attached copies of any instruments referred to such as deeds, plats, covenants or restrictions.

(4)

Names and addresses of the owners of the property to be rezoned and evidence of unified control of the property.

(5)

Names and addresses of all property owners within 500 feet of the proposed project boundaries.

(6)

Map indicating the location and dimensions of the following existing features on the property:

(a)

Vegetation;

(b)

Land uses;

(c)

Buildings;

(d)

Structures;

(e)

Utilities;

(f)

Drainageways;

(g)

Easements;

(h)

Public street rights-of-way;

(i)

Railways;

(j)

Transit facilities;

(k)

Property lines and recorded plats; and

(l)

Docks, bulkheads and other water-related structures.

(7)

Statement as to how the proposed project conforms to the city's adopted comprehensive plan.

(8)

Scaled and fully-dimensioned set of plans ("site plan") containing the following sheets and information (as applicable):

(a)

Property boundary, building locations, parking, driveways, internal roads, drive aisles, landscaped open space, utilities, internal lot lines and size of lots, building setbacks, on-site retention areas, pedestrian walkway system, recreational areas, garbage dumpsters, sidewalks, water features, loading areas, public art location(s), community benefit areas and features, perimeter roads with full right-of-way cross-sections, proposed road improvements, right-of-way dedications proposed, typical size of parking spaces, and area map showing project location.

(b)

Zoning legend with proposed zoning district, gross/net site area, number of dwelling units, gross and net density, amount of commercial/industrial square footage, building height in stories and feet, floor area ratio, interior size of dwelling units in square feet, number of bedrooms, lot coverage, setbacks, open space in percent of lot and square feet, and parking calculations. Where applicable, show both the required and provided value for the zoning parameters above.

(c)

Landscape plan showing location, species, size at installation, quantity, landscaped area in green shading, landscape buffer areas, bufferyard calculations, and planting/maintenance instructions for all landscaping. Landscaping shall meet or exceed the standards set forth in chapter 71 of the City's Code.

(d)

Floor plans.

(e)

Exterior photometric plan.

(f)

Color elevations of all buildings visible from public streets.

(g)

Signage plan for all stand-alone and building signs showing location, sign face area, height, width, setback from nearest property line and any proposed lighting. Signs in the CMU project shall be in accordance with chapter 80 of the City's Code.

(h)

Phasing plan with commencement and completion dates for each phase, and final build out date of entire project.

(i)

Plan sheet(s) showing with box notes and arrows how the project complies with the city's low impact development requirements.

(j)

Plan sheet(s) showing with box notes and arrows how the project complies with chapter 86, Urban design and architectural standards. This sheet must be specifically approved by the city's planning and zoning department.

(k)

Plan sheet(s) showing with box notes and arrows how the project complies with the CPTED principles of natural surveillance, access control, territorial reinforcement and space management.

(l)

Plan sheet(s) showing with box notes and arrows how the project complies with the applicable connectivity and walkability standards contained in the "FDOT Context Classification Guide", dated July 2020, as amended.

(m)

Plan sheet showing the traffic circulation system, including arterial, collector, and local streets; off-street parking areas and facilities; loading areas; and points of access to adjacent public rights-of-way.

(n)

Plan sheet showing the pedestrian and bike path circulation system, including trails, and its interrelationship and proposed treatment of points of conflict with the traffic circulation system.

(o)

For CMU projects greater than 100 acres in size, the site plan may designate an area of the site for "future development" when there are no current development plans for said area. When the future development area is ready for development, the property owner must file for a CMU amendment and meet all provisions of this division.

(9)

Letter of landscape compliance sealed by a Florida-registered landscape architect certifying that the landscape plan is in compliance with chapter 71 of the City Code.

(10)

Statement describing how the project will comply with the city's public arts program (chapter 75).

(11)

Traffic impact analysis.

(12)

Any other information deemed pertinent by the planning and zoning director or city council. The planning and zoning director may waive any of the site plan submittal items or portions of items upon a showing of good cause.

(Ord. No. 2021-27, § 2, 9-22-2021)

Each CMU development must commit to provide community benefits beyond increased tax base and employment. The potential community benefits are listed below. A minimum of two benefits must be included in the CMU site plan.

(1)

Neighborhood or pocket park a minimum of one-half acre in size and located adjacent to a public street.

(2)

'LEED Gold' certification for all buildings or an equivalent certification.

(3)

Transit shelter if recommended by the county or city transit agency.

(4)

Community garden a minimum of one-half in size and located adjacent to a public street.

(5)

Public plaza containing at least one civic/cultural feature and comprising a minimum of 25 percent of the project frontage on the street with a depth of at least 40 feet.

(6)

A minimum of 20 percent of the total dwelling units in the CMU project qualify under the city's standard as "workforce housing."

(7)

Any other project feature determined by the city council to be a community benefit.

All community benefit features approved for a CMU project must be improved and maintained by the property owner in perpetuity.

(Ord. No. 2021-27, § 2, 9-22-2021)

Upon application for rezoning to the community mixed use district, the applicant shall provide a master development agreement (MDA). The agreement shall contain and address the following information, when applicable:

(1)

Project location, legal description and description summarizing the information contained in section 68-582(8)(a) of this division.

(2)

Zoning specifications contained in section 68-582(8)(b) of this division.

(3)

Detailed description of the community benefit features and public art to be installed, and building permit issuance deadline when each one will be in place.

(4)

Description and specifications for any roadway and transit improvements to be built by the developer and building permit issuance deadline when each one will be completed.

(5)

Project phasing with commencement and completion dates for each phase, and final build-out date for entire project. Include statement that any variation from a phasing plan date that exceeds six months will require administrative approval by the planning and zoning director.

(6)

Technical statement showing how the city's public facility level-of-service standards are being met and/or exceeded by the project.

(7)

Statement of the manner in which all city and county concurrency requirements are met.

(8)

Reduced copy of site plan approved by city council.

(9)

Final page of agreement stating the owner(s) is in agreement with all specifications and requirements contained in the MDA. The owner(s) signature(s) must be notarized.

(10)

Any other information deemed pertinent by the planning and zoning director or city council.

(Ord. No. 2021-27, § 2, 9-22-2021)

The homeowners and/or condominium association documents for the residential portions of the CMU must be submitted with the CMU rezoning application for review by the planning and zoning director and city attorney.

(Ord. No. 2021-27, § 2, 9-22-2021)

(1)

The applicant and all successors or assigns in interest shall submit yearly progress reports to the planning and zoning director.

(2)

If no construction has been initiated in the CMU development within 12 months from time of rezoning, the applicant must apply to the planning and zoning director for a time extension. If the director does not find adequate justification for a time extension, the city manager shall bring the matter before city council for either a time extension of the CMU or termination of the CMU zoning. However, if the applicant does not apply for an extension of time within the 12 month period, the city manager shall bring the matter before city council, which may, after public hearing, declare that the approved site plan and master development agreement (MDA) are of no force and effect.

(Ord. No. 2021-27, § 2, 9-22-2021)

Before submitting an application for rezoning to the CMU district, the applicant shall meet with the planning and zoning department to determine the feasibility for the proposed plan and its relationship to the city's adopted comprehensive plan.

(Ord. No. 2021-27, § 2, 9-22-2021)

Any plan or exhibit as part of an application for a CMU development shall certify that the services of two or more of the following professionals were utilized in the design or planning process:

(1)

An urban planner who is a member of the American Institute of Certified Planners;

(2)

A landscape architect registered by the state;

(3)

An architect licensed by the state; and

(4)

A professional civil engineer registered by the state.

(Ord. No. 2021-27, § 2, 9-22-2021)

All information required in section 68-582 for CMU rezoning shall be submitted to the planning and zoning department. Six copies of the site plan are required.

(Ord. No. 2021-27, § 2, 9-22-2021)

All applications shall be reviewed by the development review committee (DRC), and members' comments shall be delivered and discussed at a regularly scheduled meeting. Formal comments of the development review committee (DRC) shall be transmitted in writing to the applicant no later than three working days after the meeting.

(Ord. No. 2021-27, § 2, 9-22-2021)

Resubmittal of the site plan and master development agreement reflecting revisions required by development review committee (DRC) comments shall be made within two weeks DRC meeting for expedited processing. The revised site plan and master development agreement shall be reviewed by the appropriate DRC members.

(Ord. No. 2021-27, § 2, 9-22-2021)

Prior to the application being scheduled for the city council, the applicant must submit the site plan and master development agreement and obtain approval from the county department of environmental resources management (DERM), county fire rescue, county school board, county public works department, city police department, county transit authority and any other relevant agency as determined by the planning and zoning director.

(Ord. No. 2021-27, § 2, 9-22-2021)

(1)

Upon receiving the recommendation of the planning and zoning director, and following a zoning workshop pursuant to section 53-184, the city council shall, at a regularly scheduled public meeting, review said recommendation and either approve, approve subject to conditions, or disapprove the application.

(2)

In the event the rezoning is approved by the city council, the approved master development agreement and site plan shall be certified by the city clerk and said certified copy shall be filed as a permanent record.

(Ord. No. 2021-27, § 2, 9-22-2021)

(1)

No permits shall be issued and no development shall commence unless they are in conformance with approved site plan and master development agreement unless a change or deviation is approved.

(2)

The planning and zoning director may approve minor changes and deviations from the approved site plan which are in compliance with the provisions and intent of this Land Development Code, and which do not depart from the principal concept of the approved site plan.

(3)

Should the planning and zoning director determine that a requested change or deviation from the approved site plan does not comply with the provisions and intent of this Land Development Code, or departs from the principles of the approved site plan and the criteria below are met as applicable. All other changes and deviations must be approved by the city council.

(a)

The change will not reduce the landscaped open space, natural area or parking area; and

(b)

The change will not increase the density of the site plan; and

(c)

The change will not modify approved uses; and

(d)

The change will not add commercial or industrial square footage; and

(e)

The change will not result in any structure, internal street, or parking area being moved by more than five feet in any direction; and

(f)

The change will not reduce any approved setback; and

(g)

The change will not result in an increase in the height of any structure; and

(h)

The change does not result in any significant adverse impacts beyond the site.

(Ord. No. 2021-27, § 2, 9-22-2021)

The second reading of the ordinance for rezoning of any land to the community mixed use district shall not take place until the developer has provided an executed copy of the master development agreement to the city clerk. The document shall be a fully corrected copy which addresses all issues discussed prior to the scheduled second reading. If there are no additional requirements, corrections or conditions attached by the city council at the second reading, the executed document shall be signed by the city clerk and mayor and forwarded to the county clerk for recording. If there are additional requirements, corrections or conditions attached by the city council at the second reading, the applicant shall revise the agreement and site plan, and return the documents to the city clerk within 30 days for execution and recording. The requirement to return the document within 30 days shall be specified by the city council as a condition for approval of the rezoning.

(Ord. No. 2021-27, § 2, 9-22-2021)

The traditional neighborhood development district (TND) is designed to ensure the development of land along the lines of traditional neighborhoods. Its provisions adapt the urban conventions which were normal in the United States from colonial times until the 1940s. The traditional neighborhood development district (TND) prescribes the following physical conventions:

(1)

The neighborhood is spatially understood and limited in size.

(2)

Residences, shops, workplaces, and civic buildings are interwoven within the neighborhood, all in close proximity.

(3)

A hierarchy of streets serves equitably the needs of the pedestrian, the bicycle and the automobile.

(4)

Carefully placed civic buildings, squares, and greens reinforce the identity of the neighborhood.

(5)

Spatially defined squares, parks, and greens provide places for social activity and recreation.

(6)

Civic buildings provide places of assembly for social, cultural and religious activities, becoming symbols of community identity through their architectural clarity.

(7)

Private buildings from a disciplined edge, spatially delineating the public street space and the private block interior.

(8)

Architecture and landscape respond to the unique character of the region.

Where the terms, design criteria, development parameters, and review procedure contained herein conflict with those provisions provided elsewhere in the Land Development Code, the provisions of the traditional neighborhood development (TND) district shall apply.

(Ord. No. 2007-12, exh. A(ch. V, § 13(a)), 8-22-2007)

(a)

The design criteria and requirements in this subdivision shall be applicable in the traditional neighborhood development (TND) district. Terms used throughout this subdivision shall take their commonly accepted meaning unless otherwise defined elsewhere in this Land Development Code, including chapter 83, subdivisions.

(b)

The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Alley means a vehicular passageway providing primary, secondary and/or service access to the sides or rear of building lots. Posted speed shall not exceed 15 miles per hour.

Artisanal use means the manufacture and sale of artifacts utilizing only handheld and/or table-mounted electrical tools contained within an enclosed structure.

Block means a combination of building lots serviced by an alley, the perimeter of which abuts public use lands (in most cases public rights-of-way).

Building lot means a separately platted portion of private land, not including the specified sidewalk area.

Civic building means any permitted or required civic use building when located in a civic use lot.

Clear zone means an area beyond the curb radius, so specified, which shall be kept clear of all objects to provide emergency vehicle clearance.

Colonnade means a roof or building structure, extending over the sidewalk, open to the street and sidewalk except for supporting columns or piers. Colonnades shall have, at the sidewalk, a minimum clear height of ten feet (excluding signage or lighting) and a minimum clear width of eight feet (from frontage line to inside column face). Colonnades shall be constructed 18 inches to 24 inches from the face of the curb. Awnings are permitted within the traditional neighborhood development (TND) but are not considered colonnades. Colonnades shall not cause roof drainage into the public right-of-way.

Congregate living facilities means a group home for a maximum of six resident clients who are cared for by the owner who permanently resides in the residential unit. The facility must be licensed by the state department of children and family services and meet Code criteria for such use. In the shopfront use location the total residents may be in excess of six if the use meets the other requirements of the shopfront use category. Congregate living facilities shall include homes for the aged.

Cornice line means a molded and projecting horizontal member that crowns an architectural composition. A cornice line shall project a minimum of two inches from the front elevation of the structure.

Curb radius means the curved edge of the street at intersections, measured at the edge of the travel lanes. Curbs at intersections shall not intrude into the intersection beyond the specified maximum curb radius. Where streets of different use categories intersect, the requirements of the higher intensity use shall govern.

Front porch means a front porch is an un-air-conditioned roofed structure attached to the front of the unit. A front porch may consist of up to two floors, with the second floor equal or lesser in size to the first. Each floor of a porch shall have a minimum depth of six feet and a minimum width of 12 feet and, except for insect screening, shall only have supporting columns visible above 42 inches from the finished porch floor level. Side and rear porches may encompass a ramp providing access for people with disabilities.

Frontage line means the shorter building lot line which coincides to the right-of-way of the street or square. In the case of a building lot abutting upon only one street, the frontage line is the line parallel to and common with the edge of sidewalk. In the case of a corner lot, that part of the building lot having the narrowest frontage on any street shall be considered the frontage line.

Green means a public open space located within the neighborhood proper and bounded by streets. Paved areas in greens shall not exceed 20 percent of the green area exclusive of dedicated rights-of-way. Greens shall have a length to width ratio no greater than 4:1. A green may be enclosed with a wrought iron or electrostatic plated aluminum fence not exceeding five feet in height.

Greenbelt means an optional open space area adjoining the neighborhood proper and no less than 150 feet wide at any place. The area shall be preserved in perpetuity in its natural condition, or enhanced by the owner, as determined by the county department of environmental resources management. The greenbelt area may be used for nonrow crop farming, wetlands, water retention, animal husbandry, bulky waste site (for the exclusive use of the traditional neighborhood development (TND) district), golf courses, or subdivided into house lots no smaller than five acres. Roadways, exclusive of through streets, may penetrate greenbelts in order to provide access to areas outside the traditional neighborhood development (TND) district.

Height means building height shall be measured from the average elevation of the finished exterior building site to the eave line or to the top of the parapet. Flat roofs shall have parapet walls on all sides.

Home occupation use means premises used for the transaction of business or the supply of professional services, excluding medical and dental. Such use shall not simultaneously employ more than two persons, one of whom must reside on the property. The total gross area of the home occupational use shall not exceed 25 percent of the gross square footage of the residential unit. Certificates of use and occupancy shall be reviewed annually. Home occupation shall be limited to the following:

(1)

Architect;

(2)

Artist;

(3)

Broker;

(4)

Consultant;

(5)

Dressmaker;

(6)

Draftsman;

(7)

Engineer;

(8)

Interior decorator;

(9)

Lawyer;

(10)

Manufacturer's agent;

(11)

Notary public;

(12)

Teacher, excluding group instruction; and

(13)

Other similar occupations.

Limited lodging use means the provision of no more than four bedrooms for letting. Food service may be included between the hours of 6:00 a.m. to 11:00 a.m. The maximum length of stay shall not exceed 14 days.

Limited office use means the transaction of business or the supply of professional services, employing no more than eight persons.

Lodging use means buildings providing food service and bedrooms for letting.

Maintenance easement means a perpetual four-foot-wide wall maintenance easement shall be provided on a lot adjacent to a zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the affected lot owners. Roof overhangs may penetrate the easement on the adjacent lot a maximum of 24 inches but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area. The easement shall be maintained unless otherwise agreed to, in writing, by the two affected lot owners.

Meeting hall means a building designed for public assembly, containing at least one room having an area equivalent to four square feet per dwelling unit or 2,400 gross square feet, whichever is greater. The total number of dwelling units shall be established at the time of the traditional neighborhood development (TND) approval.

Neighborhood proper means the built-up area planned for development within a traditional neighborhood development (TND), including blocks, streets, squares greens and parks, but excluding greenbelts or other open green periphery areas.

Outbuilding means an accessory use building or portion of a building, for residential, parking, or storage use only, of a maximum of 24 feet in height and having a maximum building footprint of 500 gross square feet. No residential use shall occupy the first floor.

Park means an area of land designated for active or passive recreation.

Pedestrian pathways means interconnecting paved walkways that provide pedestrian passage through blocks running from street to street. Said pathways shall not be less than ten feet, nor more than 20 feet in width, with a minimum pavement width of ten feet. Pedestrian pathways shall provide an unobstructed view, from street to street, no less than ten feet wide.

Plaza means an open space area within a town center on which all shopfront lots front. Plazas shall include landscaping, permanent architectural features and/or water-oriented features. Parking may be included, but shall be limited to 75 percent of the total area of the plaza.

Private open space means that space on each building lot that is for the private use of the inhabitants of such lot. Said space shall be unenclosed, and open to the sky except for roofed porches. Atriums, gardens, garden courts, walks, ramps, patios, and other similar spaces shall count as private open space. Up to one-third of the private open space area may be a roofed porch.

Prohibited uses means the prohibited uses as provided in section 65-446.

Residential use. The term "residential" is applied herein to any lot, plot, parcel, or piece of land or any building used for dwelling purposes.

Setback means an absolute distance between the building lot line and the outside of the footprint closest to said building lot line of the enclosed portion of the building. Front porches and ramps for people with disabilities are exempt from setback requirements.

Shared parking means any parking spaces intended to be utilized for more than one use occurring on a single lot or within a single building, where persons utilizing the spaces are unlikely to need the spaces at the same time of day.

Square means an outdoor public tract defined by streets on at least three sides. Squares shall be at least 75 percent paved and surrounded by shopfront use lots or rowhouse use lots on at least 60 percent of its perimeter (perimeter being defined as the aggregate of the frontage lines of the surrounding lots). Squares shall have a length to width ratio no greater than 3:1.

Street vista means a view through or along a street centerline.

Streetedge means a masonry wall, wood fence, or electrostatic plated black aluminum or wrought iron fence, no less than 50 percent opaque, or a hedge on 30-inch centers, between 2½ and four feet in height, at time of planting positioned along the frontage line. Any wall, or fence built or hedge planted built between the frontage line and a point even with the nearest enclosed edge of the house shall not be of greater height than the streetedge.

Streetlamp means a light standard not to exceed 15 feet in height. Streetlamps shall be installed on both sides of streets at no more than 75-foot intervals measured parallel to the street. Any streetlights in alleys shall be designed in accordance with the standards developed by the Illumination Engineering Society. The installation and maintenance of the streetlight system will be through a special taxing district. Street lighting design shall meet the minimum standards developed by the Illumination Engineering Society.

Streetwall means a masonry or wood wall, or electrostatic plated black aluminum or wrought iron fence between six feet and 12 feet in height, no less than 25 percent and no more than 50 percent opaque, except for service yards which require no less than 50 percent opacity, built along the frontage line. Any openings shall be gated. The percent opacity shall be calculated including all openings.

Through street means a street constructed in accordance with major and minor roadways as depicted on the adopted comprehensive development land use plan map. A traditional neighborhood development (TND) district may be located adjacent to, but shall not be bisected by a through street.

Town center means the town center as provided in section 68-447.

Warranted traffic control device means a device (typically a yield or stop sign, or a traffic signal) that has met the minimum criteria for installation based on the Manual on Uniform Traffic Control Devices, National Manual, 1988 edition.

(Ord. No. 2007-12, exh. A(ch. V, § 13(b)(1)—(27), (29)—(37), (39)), 8-22-2007)

The following uses are not permitted anywhere within a traditional neighborhood development (TND) district:

(1)

Vending machines, including newspaper, except as an accessory use within a commercial building;

(2)

Detached signs;

(3)

Chemical manufacturing, storage or distribution as a primary use;

(4)

Gun shops, pawnshops, chicken hatcheries, packinghouses, tire vulcanizing and retreading, automobile sales and rental, any commercial use in which patrons remain in their automobiles while receiving goods or services, except service stations;

(5)

On-site enameling, painting or plating, of materials for off-site use, except artist's studios and as provided in the workshop land use category;

(6)

Outdoor advertising or billboard;

(7)

Terminal or yard used for the business of carting, moving, or hauling goods, except delivery of goods to businesses within a traditional neighborhood development (TND);

(8)

Prisons, or detention centers, except as accessory to police station;

(9)

Manufacture, storage or disposal of hazardous waste materials;

(10)

Scrap yards;

(11)

Mobile homes;

(12)

Sand, gravel, or other mineral extraction;

(13)

Kennels.

(Ord. No. 2007-12, exh. A(ch. V, § 13(b)(28)), 8-22-2007)

(a)

A town center is an optional and accessory use to the traditional neighborhood development (TND) providing for larger scale commercial shopfront uses in buildings that front a plaza. A portion of the town center plaza may be used for parking. The town center buildings shall surround the plaza on at least 35 percent of its perimeter. The town center shall meet all requirements of said shopfront use category, except as modified below, and all other requirements of the traditional neighborhood development (TND), including requirements for parking lots, if any part of the plaza is used for parking.

(b)

A maximum of 75 percent of the traditional neighborhood development (TND) district's allocation for shop front use lots may be transferred to the town center. Any additional commercial area shall only be permitted where designated on comprehensive development master plan (CDMP), land use plan map.

(c)

A town center shall only be located where through streets or any street adjacent to the neighborhood proper intersect. There shall be no more than one town center in a traditional neighborhood development (TND) district. Town center plazas shall extend no further than 600 feet along the through street from the centerline of the intersection and shall have a maximum area of 1,400 square feet per traditional neighborhood development (TND) acre in area to a maximum of 200,000 square feet. There shall be a direct street connection between the mandatory square or green and the town center plaza. A minimum of 35 percent of the gross leasable building area (taken in sum) of the lots fronting the plaza shall be for residential use. A maximum of four lots fronting the town center plaza may be consolidated. Colonnades are required on all shopfront use buildings fronting the town center plaza. At least ten percent of the plaza shall be devoid of parking and developed with permanent architectural and/or water features as a focal point for the town center. Said focal point shall be in addition to other landscape requirements as provided in the traditional neighborhood development (TND) district. Town centers may include, in addition to uses provided in the shopfront use category, one grocery and/or department store use, each not exceeding 40,000 square feet of building area.

(Ord. No. 2007-12, exh. A(ch. V, § 13((b)(38)), 8-22-2007)

All applications for a traditional neighborhood development (TND) district shall comply with the following development parameters:

(1)

Size and location of site. The minimum size of the neighborhood proper shall be 40 acres and the maximum size shall not exceed 200 acres. Larger parcels shall be developed as multiple traditional neighborhood development (TND) districts, each individually subject to all the provisions. A traditional neighborhood development (TND) district may be located adjacent to, but shall not be bisected by, a through street.

(2)

Density. The requested densities, in terms of number of units per gross residential acre and total number of dwelling units shall be made at the time of application. Said number of dwelling units and densities shall be in conformance with the comprehensive plan for the city, as amended from time to time, including any density bonus as provided therein.

(3)

General development criteria.

a.

Land use. The entire land area of a traditional neighborhood development (TND) district shall be divided into a neighborhood proper and optional natural or greenbelt areas.

b.

Land allocation.

1.

Except for the public use category, land uses in the traditional neighborhood development (TND) district are regulated by net lot area (street and alley rights-of-way excluded) as a percentage of the gross area of the neighborhood proper.

2.

Similar land use categories shall face across streets. Dissimilar uses may abut at rear lot lines. Public uses and civic uses are considered similar land uses with all traditional neighborhood development (TND) use categories.

3.

Land use categories described in subdivision IV of this division of one category greater or lesser intensity may abut at side lot lines (the street requirements of the greater intensity use shall govern) or face across a square or park. For example, across a square or park, house use may front rowhouse use; rowhouse use may front house use or shopfront use; shopfront use may front rowhouse use or workshop use; workshop use may front shopfront use.

4.

Land use for corner lots which front on streets of dissimilar use shall be designated the more intensive use category.

c.

Lots and buildings.

1.

All lots shall share a frontage line with a street, square or green.

2.

All buildings shall have their main entrance opening to a street or square (except outbuildings).

3.

All uses shall be conducted within completely enclosed buildings, unless otherwise specified herein.

4.

Stoops, and front porches may encroach up to ten feet into the front setbacks.

d.

Streets, alleys and pedestrian pathways

1.

Traffic control signing shall be established for each community to satisfy intersecting street geometrics and installed at entrances and other appropriate locations.

2.

Streets or alleys shall provide access to all tracts and building lots.

3.

All streets, alleys and pedestrian pathways shall connect to other streets within the traditional neighborhood development (TND) and connect to existing and projected streets outside the traditional neighborhood development (TND) district, if applicable. Culs-de-sac, T-turnarounds and gated or dead-end streets are not permitted within the traditional neighborhood development (TND) district.

4.

There shall be a continuous network of alleys to the rear of building lots within the traditional neighborhood development (TND) district except as may be provided herein.

5.

The average perimeter of all blocks within the traditional neighborhood development (TND) district shall not exceed 1,300 feet. No block face shall have a length greater than 400 feet without an alley or pedestrian pathway providing through access to another street or alley.

6.

All streets shall have a six-inch-high curb except for streets in house use areas.

7.

A curb is required at all street intersections. There shall be curb cuts providing access for people with disabilities at all intersections and points of pedestrian crossing.

8.

Curb interruptions are permitted only for alleys, access for people with disabilities and other parking access points specified herein.

9.

A warranted traffic control device shall be placed at intervals no further than 600 feet on all streets internal to the traditional neighborhood development (TND) district.

10.

All sidewalks shall have a continuous unobstructed clear area of a width no less than 42 inches. This area shall be unobstructed by utility poles, fire hydrants, benches or any other temporary or permanent structures. Free and clear public use of the sidewalk area beyond the right-of-way shall be protected by a public access easement, except as provided herein for the shopfront use category.

11.

Utilities shall run underground.

12.

Rights-of-way in a traditional neighborhood development (TND) district shall extend a minimum of 18 inches beyond the curb face or edge of the sidewalk, measured away from the right-of-way centerline.

13.

Street furniture such as trash containers and bus benches shall be permanently secured to the sidewalk. One bench shall be provided along all edges of squares, greens and parks.

14.

No sign, awning, lighting, wiring or other object higher than 27 inches from the ground shall extend more than four inches horizontally over any sidewalk from the column, post or wall on which it is mounted or shall hang down above the sidewalk unless its bottom edge is more than 80 inches above the sidewalk.

e.

Parking.

1.

Parking lots shall be located at the rear or at the side of buildings, except as otherwise permitted in a plaza. Street walls or street edge shall be built on the frontage line.

2.

Parking lots and parking garages shall not:

(i)

Abut street intersections or civic use lots;

(ii)

Be adjacent to squares, parks, or greens; or

(iii)

Occupy lots which terminate a street vista, except as provided in a plaza.

3.

Adjacent parking lots shall have vehicular connections, via an alley.

4.

Except as otherwise provided by this Land Development Code, parking requirements for all uses shall be in accordance with chapter 77. On-street parking directly fronting a lot shall count toward fulfilling the parking requirement of that lot. One parking space credit shall be given for every space in front of a lot that is over 50 percent of the length of the parking space. Civic use lots within or adjacent to public use tracts may count on-street parking fronting the public use tract towards its parking requirements. A group or common parking lot is permitted in shopfront, rowhouse and workshop uses and shall be credited to the required parking for individual uses. Attached and detached single-family units shall have a minimum of two parking spaces.

5.

There shall be provided a minimum of one parking space for people with disabilities within 100 feet of each intersection. Such parking shall have a clear unobstructed space five feet from the curb side, measured toward the lot line and shall be the full length of the parking space.

6.

If a combination of on-street parking places and parking lot spaces is used to meet the total number of parking spaces required by chapter 77, then the number of parking spaces for people with disabilities provided in the lot shall be at least as many spaces as would be required to be provided if all of the required parking spaces were provided in the lot.

7.

Parking requirements for on-site parking may, at the applicant's discretion, be reduced by 25 percent, except in those instances where the use is exclusively residential or town center.

8.

Shared parking shall be permitted if approved at public hearing, in accordance with section 15(b)(30) of this Land Development Code.

9.

Parking for community related retail and service uses as listed below shall not require on-site parking provided that:

(i)

The total floor space for the individual uses does not exceed 500 square feet of gross floor area;

(ii)

Such uses be restricted to shopfront and rowhouse areas; and

(iii)

That such uses shall be restricted to the following:

a.

Art galleries.

b.

Bakery.

c.

Barber/beauty parlor.

d.

Bookstore.

e.

Coffee house.

f.

Confectionary, sale of cookies/ice cream.

g.

Convenience grocery.

h.

Dry cleaning (no cleaning on premises).

i.

Sale of newspapers, magazines.

j.

Shoe repair (no sale of shoes).

f.

Landscape. Landscaping shall be provided in accordance with chapter 71.

(Ord. No. 2007-12, exh. A(ch. V, § 13(c)), 8-22-2007)

An application for approval of a traditional neighborhood development (TND) district shall meet the requirements of chapter 53.

(Ord. No. 2007-12, exh. A(ch. V, § 13(d)), 8-22-2007)

No traditional neighborhood development (TND) district may be established or amended in the city except as provided in this Land Development Code.

(Ord. No. 2007-12, exh. A(ch. V, § 13(e)(intro.)), 8-22-2007)

The traditional neighborhood development (TND) district review procedures are divided into two steps:

(1)

Preapplication conference and initial city council review; and

(2)

City council site plan review.

(Ord. No. 2007-12, exh. A(ch. V, § 13(e)(2nd), 8-22-2007)

(a)

All applicants seeking approval of a traditional neighborhood development (TND) must meet with department of planning and zoning staff to discuss the proposed development prior to the filing of an application. It shall be the responsibility of the department to coordinate with other affected departments to a joint meeting for the purposes of participating in the review of the traditional neighborhood development (TND). Prior to said joint meeting, the applicant may confer with the department, other affected departments in connection with the preparation of the traditional neighborhood development (TND) district application. The applicant shall provide a general outline of the proposal through schematics and sketch plans including narrative information sufficient for the understanding of the proposed development. Thereafter and within ten working days after the preapplication conference, the department shall furnish the applicant with all written comments resulting from such conference including appropriate recommendations to inform and assist the applicant in the preparation of the components of the traditional neighborhood development (TND) district application. The applicant shall have the right to apply for an additional preapplication conference prior to filing a formal application with the department. The same procedure as above shall be followed.

(b)

Following the preapplication conference, the total development plan reviews shall be initiated by the applicant. Required exhibits listed in subsections 68-470 and 68-471, together with an application for public hearing shall be submitted to the department of planning and zoning in accordance with the requirements of chapter 53, administration.

(Ord. No. 2007-12, exh. A(ch. V, § 13(e)(1)a, b(intro.)), 8-22-2007)

The following written documents shall be submitted to the planning and zoning department for review prior to the public hearing:

(1)

Recordable agreement guaranteeing the development in accordance with commitments made in the written and graphic documents listed below as approved by the city council. A final executed agreement shall be submitted to the department 15 days prior to the city council review and action along an opinion of title covering the entire proposed traditional neighborhood development (TND) area.

(2)

A development schedule indicating the approximate dates when constructing of the traditional neighborhood development (TND) and phases thereof including the mix of residential and commercial will be initiated and completed.

(3)

Quantitative data in a table format indicating the intensity of the land uses proposed in the traditional neighborhood development (TND) and the total maximum number of units.

(Ord. No. 2007-12, exh. A(ch. V, § 13(e)(1)b.i.), 8-22-2007)

Map, site plans and drawings, depicting the proposed traditional neighborhood development (TND) shall be submitted as part of the development plan and shall contain the following minimum information:

(1)

A certificated survey indicating the existing site characteristics including any major variations of elevations, watercourses, unique natural historical and archeological features, existing buildings and vegetation.

(2)

A plan at a scale of one inch equals 300 feet indicating all land uses on perimeter lots greenbelts existing and proposed circulation systems for arterial, (i.e., through streets), and major points of ingress and egress to the development.

(3)

Adequate information on land areas adjacent to the proposed traditional neighborhood development (TND) at a scale of one inch equals 300 feet to indicate the relationships between the proposed development and adjacent areas, including existing land uses, zoning districts, densities, vehicular, pedestrian and equestrian circulations systems, access for people with disabilities, and public facilities, as well as unique natural features of the landscape.

(4)

The proposed treatment of the perimeter of the traditional neighborhood development (TND) including materials and techniques to be used to provide transition to other developments.

(5)

Master development plan, including but not limited to proposed land use mix, density and overall and for individual development pods, general landscapes features and palette, internal vehicle, bicycle and pedestrian circulation, civic uses, park and recreation areas, and public open space.

(6)

Environmental analysis including any wetlands, native uplands and endangered/threatened/special concern wildlife and/or plant species present on the site.

(7)

Architectural renderings of typical buildings streetscapes and other key project elements.

(8)

Analysis of roadway, water, sewer, drainage and parks level of service (LOS) impacts and improvements necessary to maintain city's level of service standards. Delineation of any right-of-way required to be dedicated for future road improvements.

(9)

Analysis of school impacts and improvements proposed to address educational needs.

(10)

Any additional information required by the department to evaluate the character and impact of the proposed traditional neighborhood development (TND).

Provided, however, that the requirements of section 68-470(1) and (2), and subsection (4) of this section shall not apply to application of the director of the planning and zoning department or the zoning official.

(Ord. No. 2007-12, exh. A(ch. V, § 13(e)(1)b.ii), 8-22-2007)

Upon the filing of a complete application, the planning and zoning department shall schedule a public hearing before the city council. At the public hearing, the applicant shall present the proposal. The city council shall have the recommendations of the planning and zoning department. The city council shall consider the information presented by the applicant, the recommendations of the planning and zoning department and viewpoints of the public expressed at the hearing. The city council shall take formal action either approving the application as presented, approving it subject to certain specified modifications, and/or conditions, disapproving it, deferring the matter or a combination of the foregoing. Upon approval, plans, documents, recordable development agreements, and an opinion of title covering the entire application area shall be filed with the planning and zoning department and recorded in the official records and shall thereby constitute the traditional neighborhood development (TND) district.

(Ord. No. 2007-12, exh. A(ch. V, § 13(e)(1)c), 8-22-2007)

(a)

Following final approval of the traditional neighborhood development (TND) zoning district by the city council, plans and documents shall be presented to in zoning workshops, pursuant to section 53-184(e), and submitted for city council site plan review and approval, pursuant to section 53-184(f), together with any other relevant information required by the planning and zoning department. The site plans to be reviewed and approved by the city council shall be drawn at a scale of no less than one inch equals 100 feet and shall include the following information:

(1)

All land use categories, blocks, squares and parks, greenbelts, green, civic and/or public or semipublic building footprints, parking, and landscaped open space. In addition the plan shall indicate existing and proposed circulation systems, including streets, alleys and major points of access.

(2)

Drawings of typical street sections at one inch equals 20 feet.

(3)

Footprint and height of existing and proposed civic use buildings, fences and walls.

(4)

Building lots.

(5)

Pedestrian, equestrian and vehicular circulation systems.

(6)

Drawings indicating the type of street furniture, signage, and streetlights proposed for the traditional neighborhood development (TND).

(7)

Parking layouts and drives.

(8)

Landscaping and trees shall be provided in accordance with chapter 71.

(9)

Buildings design control which will establish the design criteria for the traditional neighborhood development (TND) referring to materials and methods of construction, proportions and conformance to regional environmental and design issues including the general use of roof overhangs, colonnades, porches, pergolas, trellises and maximization of cross ventilation

(10)

A calculation of maximum potential lot coverage for stormwater drainage engineering purposes.

(11)

Typical building elevations and floor plans.

(12)

Detailed project phasing plan.

(13)

A table shall be provided as part of the site plan in accordance with the following:

(b)

Upon the filing of a complete site plan review application, the department of planning and zoning shall schedule a public hearing before the city council. At the public hearing, the applicant shall present the proposed plan. The city council shall have the recommendations of the department. The city council shall consider the information presented by the applicant, the recommendations of the planning and zoning department and viewpoints of the public expressed at the hearing. The city council shall take formal action either approving the plan as presented, approving it subject to certain specifies modifications, and/or conditions, disapproving it, deferring the matter, or a combination of the foregoing.

(Ord. No. 2007-12, exh. A(ch. V, § 13(e)(2)), 8-22-2007; Ord. No. 2016-16, § 3, 5-18-2016)

(a)

Upon approval of a site plan, subsequent major modifications to the site plan with regard to land use including but not limited to the location of streets, parks and squares, civic use lots, greenbelts, green and parking shall be required to be presented at zoning workshops pursuant to section 53-184(e) and approved after city council public hearing in accordance with the procedures contained in this subsection and section 53-184(f).

(b)

Any minor revisions to an approved site plan may be approved administratively by the director. The director shall have the authority to determine whether any proposed modification to an approved plan is either minor or substantial. Applicant must submit any proposed modifications to the director for said determination.

(Ord. No. 2007-12, exh. A(ch. V, § 13(e)(3)), 8-22-2007; Ord. No. 2016-16, § 3, 5-18-2016)

(a)

No tentative plat may be approved for a traditional neighborhood development (TND) parcel until the city council has reviewed and approved a site plan.

(b)

Upon approval of a site plan by the city council, the applicant may proceed to develop any portion of the traditional neighborhood development (TND) as approved pursuant to the approved phasing plan. The building department shall issue building permits in accordance with all previously approved plans and documents and in accordance with applicable requirements of the state building code and other applicable state, county, and city requirements.

(Ord. No. 2007-12, exh. A(ch. V, § 13(e)(4)), 8-22-2007)

In a traditional neighborhood development (TND) district the regulations for public and semipublic uses shall be as follows:

(1)

Land use.

a.

Land designated for public and semipublic use shall be tracts consisting of parks, squares, greens, greenbelts, and civic use lots and buildings.

b.

The only buildings permitted in public and semipublic use tracts shall be civic use buildings.

c.

A maximum of 15 percent of a park, green or square may be used as a civic use lot.

d.

Large area recreational uses such as golf courses and multiple game fields shall be located outside the neighborhood proper.

(2)

Land allocation.

a.

A minimum of five percent of the gross area of the neighborhood proper, or five acres (whichever is greater), shall be permanently allocated to tracts totally comprised of parks, squares or greens. Each neighborhood proper shall contain at least one square or green, no less than 45,000 square feet and no greater than 90,000 square feet. This mandatory square or green shall be within a 600-foot radius of the geometric center of the neighborhood proper.

b.

The remaining required public use tracts shall be divided into lesser tracts and distributed such that no part of the neighborhood proper is further than a 600-foot radius from a park, square or green.

c.

Squares, parks and waterfronts shall have at least 50 percent of their perimeter abutting public or semipublic tracts or streets.

(3)

Lots and buildings. Setbacks for public use buildings shall be indicated on the master plan at the time of intermediate and final review.

(4)

Parking. Parking on public use tracts shall be restricted to required parking for civic use facilities located thereon. Such parking shall be graded, compacted and paved in accordance with the requirements of chapter 77.

(Ord. No. 2007-12, exh. A(ch. V, § 13(f)(1)), 8-22-2007)

In a traditional neighborhood development (TND) district the regulations for civic uses shall be as follows:

(1)

Land use.

a.

Land designated for civic use shall be lots containing community buildings, including meeting halls, libraries, schools, child care centers, police stations, fire stations, post offices, clubhouses, religious buildings, playgrounds, museums, cultural societies, visual and performance arts buildings, and governmental buildings.

b.

The construction of commonly owned buildings on civic use lots shall be supported by a permanent assessment dedicated to this purpose and administered according to the common maintenance provisions provided in section 68-529.

(2)

Land allocation.

a.

Civic use building lots shall constitute a minimum of two percent of the gross area of the neighborhood proper.

b.

Civic use lots shall be located within or adjacent to a square, park, green or on a lot terminating a street vista.

c.

The developer shall covenant to construct a meeting hall on a civic use lot, on or adjacent to the mandatory square upon the sale of 50 percent of the lots and/or units of the neighborhood proper.

d.

The developer shall designate one civic use lot, a minimum of once one acre in size, if requested by the city at the time of pre-application review.

(3)

Lots and buildings. Buildings located on civic use lots shall not exceed 40 feet in height excluding spires, cupolas, monuments, flag poles, and chimneys.

(4)

Parking.

a.

The number of required parking spaces for civic uses shall be in accordance with chapter 77; however, required parking may be provided within a 600-foot radius of the civic use facility provided that the required parking is under common lease or ownership with the civic use building it serves.

b.

Civic uses within or adjacent to a public use tract may utilize the on-street parking fronting the public use tract toward its parking requirement.

c.

When on-site parking is provided, no less than 75 percent of the off-street parking spaces shall be placed to the rear of the building. Access may be through the frontage.

(5)

Signage. Two wall signs shall be permitted for each structure not to exceed a combined total of eight square feet.

(Ord. No. 2007-12, exh. A(ch. V, § 13(f)(2)), 8-22-2007)

In a traditional neighborhood development (TND) district the regulations for shop front uses shall be as follows:

(1)

Land use.

a.

Land designated for shopfront use shall be on lots containing buildings for residential use, including lodging, and commercial uses as provided below, and other similar uses as approved by the director at the time of the traditional neighborhood development (TND) approval, except those listed as prohibited uses in the design criteria. At least 25 percent of the gross square footage shall be restricted to residential use, including lodging and commercial uses as provided below. No building for a single use shall exceed 4,000 square feet of interior floor area. The following uses shall be permitted on shopfront use parcels:

1.

Antique shops, architects, interior designers, offices.

2.

Apparel stores.

3.

Art goods stores, artist studios and photograph shops and galleries.

4.

Banks, excluding drive-in teller service.

5.

Beauty parlors.

6.

Bakeries, retail only (baking permitted on premises).

7.

Barbershops.

8.

Bicycle sales, rentals and repairs (nonmotorized).

9.

Book stores.

10.

Confectionery, ice cream stores and dairy stores.

11.

Conservatories and music and dance schools.

12.

Drugstores.

13.

Floral shops.

14.

Galleries.

15.

Grocery stores, fruit stores, health food stores, delicatessen, meat and fish markets and other similar food stores.

16.

Hardware stores.

17.

Insurance and bonds.

18.

Jewelry stores.

19.

Leather goods and luggage shops.

20.

Liquor package stores.

21.

Medical equipment and supply stores.

22.

Mail order offices, without storage of products sold.

23.

Music, tape, CD and record stores.

24.

Museums.

25.

Newsstands.

26.

Offices.

27.

Office supply stores.

28.

Optician/optometrists.

29.

Paint and wallpaper stores.

30.

Post offices.

31.

Pottery shops.

32.

Pubs, bars, and mini-breweries.

33.

Real estate.

34.

Restaurants and coffee houses including outdoor dining and including alcoholic beverage service. A minimum of 42 inches clearance shall be reserved along the outside edge of a sidewalk for pedestrian passage.

35.

Religious facilities.

36.

Schools.

37.

Shoe stores and shoe repair shops.

38.

Sporting goods.

39.

Tobacco shops.

40.

Travel agencies.

41.

Variety stores.

b.

Residential uses, except for entries and lobbies to residential uses, are not permitted on the ground floors of shopfront use buildings.

c.

An outbuilding is permitted on each lot.

(2)

Land allocation.

a.

Shopfront use lots shall comprise a minimum of two percent and a maximum of 20 percent of the gross area of the neighborhood proper.

b.

A maximum of three shopfront use lots may be consolidated for the purpose of constructing a single building. Adjacent buildings may share a lobby area and elevator cores.

(3)

Lots and buildings.

a.

Shopfront use lots shall have a maximum width of 50 feet and a minimum width of 16 feet.

b.

Street front entries shall be at grade to allow access for people with disabilities.

c.

Buildings on shopfront use lots shall have the facade, including colonnades if provided, built directly on the frontage line along at least 70 percent of its linear frontage. For lots at street intersections, the building shall be built directly on the side street frontage for at least 50 percent of its linear frontage.

d.

The unbuilt portion of the frontage line shall have a streetwall built directly upon it.

e.

Buildings on shopfront use lots shall have a setback of zero feet along at least one side property line. For buildings without a side setback, a perpetual four foot maintenance easement shall be provided on the lot adjacent to the shopfront property line. There shall be no required rear setback.

f.

Buildings on shopfront use lots shall cover no more than 50 percent of the net lot area. Outbuildings shall not count against lot coverage.

g.

Buildings on shopfront use lots shall not be less than 24 feet in height and shall not exceed 40 feet in height (excluding chimneys and elevator towers). When fronting a square, buildings shall be no less than 30 feet in height. A cornice line shall define the first floor.

h.

Unenclosed balconies with a minimum of nine feet of clearance above grade shall be permitted to extend up to six feet over the sidewalk.

i.

Colonnades, are required when shopfront use lots front on the mandatory square. Enclosed space shall be permitted directly above the sidewalk.

(4)

Streets and alleys.

a.

Shopfront use lots shall front on streets of 60 feet maximum width consisting of two 12-foot-wide travel lanes, and an eight-foot wide parallel parking lane on at least one side. Parallel parking shall be located adjacent to all shop front lots when such lots front a square, park, green and/or plaza. If the parking lane is provided on only one side, there shall be a planting strip, at least four feet wide, between the opposite travel lane and the sidewalk. Two sidewalks are required and shall be no less than ten feet wide. A public access easement shall provide for public passage, excepting an area within four feet of the shop fronts which may be occupied by furniture for restaurants. Shopfront use lots may also front on a square, park, or green.

b.

Posted vehicle speed for shopfront use streets shall not exceed 25 miles per hour.

c.

At intersections, the curb radius shall be 20 feet, with a clear zone radius of 25 feet. Parking lanes shall not be closer than 25 feet to the nearest intersecting building lot line.

d.

Signs in colonnades shall have a minimum clearance of eight feet above the sidewalk.

e.

Shop front use lots may have their rear or side lot lines coinciding with an alley 24 feet wide, containing a vehicular pavement width of at least nine feet one-way, and a maximum of 18 feet two-way. It must also be demonstrated that adequate provision is made for delivery trucks to service the shop front uses from the alley.

(5)

Parking. No less than 75 percent of the parking spaces shall be to the rear of the building. Access may be through the frontage only if an alley or side street providing access to the alley is not within 200 linear feet of the lot.

(6)

Signage. All signs shall be wall signs or cantilever signs and shall not exceed a total of 24 square feet per building with no more than three signs. Individual cantilever signs shall be mounted perpendicular to the building face and shall not exceed eight square feet. No sign shall be mounted above the first floor of the structure.

(Ord. No. 2007-12, exh. A(ch. V, § 13(f)(3)), 8-22-2007)

In a traditional neighborhood development (TND) district, the regulations for rowhouse uses shall be as follows:

(1)

Land use.

a.

Land designated for rowhouse use shall be on lots containing buildings for residential uses including townhouse, apartment, limited office pursuant to those permitted in the multifamily zoning district, limited lodging, congregate living facilities, family day care, and artisanal use. Where nonresidential uses are proposed, at least 50 percent of the gross square footage shall be restricted to residential use as demonstrated by the submittal of floor plans identifying the use of each room.

b.

One hundred percent of the building area above the ground floor shall be designated for residential use.

c.

An outbuilding is permitted on each lot.

(2)

Land allocation.

a.

Rowhouse use lots shall constitute a minimum of 20 percent and a maximum of 50 percent of the gross area of the neighborhood proper.

b.

Rowhouse use lots may be consolidated for the purpose of constructing a single building containing multifamily dwellings. Each group of such consolidated lots must feature a different facade treatment to avoid the appearance of a single monolithic building.

c.

A maximum of 50 percent of all rowhouse use lots may be consolidated.

(3)

Lots and buildings.

a.

Rowhouse use lots shall have a maximum width of 32 feet.

b.

Rowhouse use buildings with the minimum setback shall have their front entry set to one side of the facade. This is to preserve the possibility of retrofitting a ramp for wheelchair access.

c.

Rowhouse use buildings shall be attached (built with no side setback or as a single building) at not less than five-unit segments. Lots comprising the end of the block adjacent to the street or alley or along street curves may be attached in segments of two to five units.

d.

Buildings on rowhouse use lots shall be set back from eight to 15 feet from the frontage line. Buildings at street intersections shall be set back eight feet from the frontage line and six feet from the side street line. Setback requirements shall apply to the enclosed portion of the buildings only.

e.

Buildings on rowhouse use lots shall have a setback of zero feet from at least one side property line. There shall be no required rear setback.

f.

Outbuildings shall have no required set backs and may be attached to the main building by a loggia, covered walkway or other connecting structure.

g.

Setbacks on consolidated rowhouse use lots shall apply as in a single lot.

h.

Buildings on rowhouse use lots shall cover no more than 60 percent of the net lot area. Outbuildings shall not count against lot coverage.

i.

Buildings on rowhouse use lots shall not exceed 35 feet in height (excluding chimneys and elevator towers) and a cornice line shall be used to define the first floor.

j.

Buildings on rowhouse use lots shall have a minimum first floor front elevation 18 inches above finished sidewalk grade. This requirement shall not apply when rowhouse use lots have been consolidated for the purpose of constructing a single building for multifamily dwellings. Rear entrances shall be accessible for people with disabilities by grading or ramping. Space shall be provided in the front yard area for possible construction of a ramp.

k.

A minimum of 20 percent of the net lot area shall be developed as private open space.

l.

Rowhouse use lots shall have a streetedge built along the unbuilt parts of the frontage line.

m.

A minimum of 25 percent of the buildings on rowhouse use lots shall have front porches. Said front porches may encroach into the front setback and shall not count against lot coverage requirements but shall count towards private open space requirements.

(4)

Streets and alleys.

a.

Rowhouse use lots shall front on streets consisting of a 50-foot maximum width, including two ten-foot-wide travel lanes and an eight-foot-wide parallel parking lane on at least one side. If the parking lane is provided on only one side there shall be a planting strip, at least five feet wide, provided between the opposite sidewalk and travel lane. Two sidewalks are required and shall be no less than six feet wide. Rowhouse use lots may also front on squares or park tracts.

b.

No parking shall be permitted in the front setback area.

c.

Posted vehicle speed for rowhouse use streets shall not exceed 20 miles per hour.

d.

At intersections, the curb radius shall be 15 feet with a clear zone radius of 25 feet. Parking lanes shall not be closer than 25 feet from the lot line adjoining intersecting streets.

e.

Rowhouse use lots shall have their rear or side lot lines coinciding with an alley 24 feet wide containing a vehicular pavement width of at least ten feet one-way and 16 feet two-way.

(5)

Parking.

a.

All off-street parking places shall be to the rear of the building. Access shall be through a vehicular alley only.

b.

No parking shall be permitted in the front setback area.

(6)

Signage. All signs shall be wall signs and limited to two signs and shall not exceed a cumulative total of four square feet. No signs shall be mounted above the first floor of a structure.

(Ord. No. 2007-12, exh. A(ch. V, § 13(f)(4)), 8-22-2007; Ord. No. 2008-01, exh. A(amd. 6), 2-27-2008)

In a traditional neighborhood development (TND) district, the regulations for house uses shall be as follows:

(1)

Land use.

a.

Land designated for house use shall be on lots containing buildings for residential uses including single-family houses, guest houses as outbuildings, home occupation, and family day care.

b.

One hundred percent of the building area above the ground floor shall be designated for residential use.

c.

An outbuilding is permitted on each lot.

(2)

Land allocation.

a.

House use lots shall constitute a maximum of 30 percent of the gross area of the neighborhood proper.

b.

A maximum of two house use lots may be consolidated for the purpose of constructing a single residence.

c.

A maximum of 50 percent of all house use lots may be consolidated.

(3)

Lots and buildings.

a.

Buildings on house use lots shall be set back ten to 20 feet from the frontage line. Buildings at street intersections shall be set back ten feet from the frontage line and the side street frontage line.

b.

House use lots shall have a minimum width of 36 feet and a maximum width of 75 feet with a minimum average lot size of 5,000 square feet.

c.

Setbacks on consolidated house use lots shall apply as on a single lot.

d.

Buildings on house use lots shall be set back from the side lot lines equivalent (in total) to no less than 20 percent of the width of the building lot. The entire setback may be allocated to one side. If buildings have a zero-foot setback on one side, a four-foot maintenance easement shall be provided on the adjacent lot.

e.

Buildings on house use lots shall be set back no less than five feet from the rear lot line. Outbuildings on house use lots shall have a setback no less than five feet from the rear lot line except on an alley where a zero-foot setback is permitted.

f.

Buildings on house use lots shall cover no more than 40 percent of the building lot area. Outbuildings and front porches do not count in lot coverage.

g.

Buildings on house use lots shall not exceed 24 feet in height (excluding chimneys).

h.

Buildings on house use lots shall have a streetedge built along the frontage line.

i.

A minimum of 25 percent of the buildings on house use lots shall have front porches which may encroach into the front setback not closer than eight feet from the inside edge of the sidewalk.

(4)

Streets and alleys.

a.

House use lots shall front on streets of a 46-foot maximum width consisting of two ten-foot travel lanes, two planting strips of at least six feet wide each, and two sidewalks which shall be no less than five feet wide. A parallel parking lane eight feet wide may be used in place of either planting strip.

b.

Posted vehicle speed for house use streets shall not exceed 20 miles per hour.

c.

At intersections, the curb radius shall be 15 feet with a clear zone radius of 25 feet. Parking lanes shall not be closer than 25 feet from the lot line adjoining intersecting streets.

d.

House use lots may have their rear or side lot lines coinciding with an alley 24 feet wide containing a pavement width of at least ten feet one-way and 16 feet two-way, except where the rear lot adjoins a greenbelt, lake or canal.

(5)

Parking. No parking shall be permitted in the front setback area of residential lots of less than 50-foot frontage.

(6)

Signage. One wall sign or street edge mounted sign not to exceed one square foot shall be permitted.

(Ord. No. 2007-12, exh. A(ch. V, § 13(f)(2)), 8-22-2007; Ord. No. 2008-01, exh. A(amd. 7), 2-27-2008)

In a traditional neighborhood development (TND) district the regulations for workshop uses shall be as follows:

(1)

Land use.

a.

Land designated for workshop use shall be in land containing buildings for the following uses: No building for a single use shall exceed 30,000 square feet of interior floor area.

1.

Artists studios and accessory gallery use.

2.

Artisanal use.

3.

Automobile and motorcycle body shops.

4.

Automobile parking garages.

5.

Automobile service and repairs.

6.

Bait and tackle shops.

7.

Bakeries (wholesale).

8.

Banks, excluding drive-in teller services.

9.

Bottling of beverages.

10.

Cabinet shops.

11.

Cold storage warehouses.

12.

Dance studios.

13.

Dog and pet hospitals in air conditioned buildings.

14.

Dry cleaning and dyeing establishments.

15.

Engines, sales and services.

16.

Gasoline service stations, excluding markets.

17.

Glass installation.

18.

Health and exercise clubs.

19.

Interior design shops.

20.

Leather goods manufacturing, excluding tanning.

21.

Locksmith shops, sharpening and grinding shops.

22.

Lumberyards.

23.

Mail order offices and storage.

24.

Medical equipment and supplies.

25.

Office supply stores.

26.

Office buildings.

27.

Post office substations and police substations.

28.

Photography labs.

29.

Pottery shops.

30.

Printing shops.

31.

Residential use shall be permitted on the second and/or third floor above workplace use. A second floor residential unit must provide access to people with disabilities.

32.

Restaurants excluding drive-in service.

33.

Secondhand stores and antique shops.

34.

Upholstery and furniture shops.

35.

Wholesale salesroom and storage rooms.

36.

Other similar uses as approved by the director of planning and zoning.

(2)

Land allocation.

a.

Workshop use lots shall constitute a minimum of three percent and a maximum of seven percent of the gross area of the neighborhood proper.

b.

Workshop use lots shall not be within 300 feet of the geometric center of the neighborhood proper or the mandatory square or green. When a traditional neighborhood development (TND) borders land designated in the comprehensive development master plan (CDMP) as agriculture or open land, then workshop use lots shall not be permitted within 330 feet of said traditional neighborhood development (TND) boundary except if necessary to maintain consistency with the goals, objectives and policies of the comprehensive development master plan including the guidelines for urban form.

c.

All workshop use lots shall be contiguous and located within one area with no intervening uses; provided however, in traditional neighborhood developments exceeding 100 acres in size, two workshop use areas shall be permitted.

(3)

Lots and buildings.

a.

Buildings on workshop use lots shall have a setback of zero or five feet from the frontage line. The setback at street intersections shall not exceed five feet from the frontage line and the side street line.

b.

Street-front entries shall be at grade to allow access for people with disabilities.

c.

Buildings on workshop use lots shall cover no more than 70 percent of the net lot area.

d.

A minimum of 15 percent of a block or grouping of workshops shall be developed as landscaped open space.

e.

Buildings on workshop use lots shall not exceed 40 feet in height.

f.

Workshop use lots shall be separated from other use types at the side and rear lot lines (excepting an entry on the alley) by a continuous masonry wall no less than six feet in height.

g.

Workshop use lots shall have a maximum width of 300 feet.

(4)

Streets and alleys.

a.

Workshop use lots shall front on streets of a 60 feet maximum width consisting of two 12-foot-wide travel lanes, and eight-foot-wide parallel parking on at least one side of the road. If the parking lane is provided on only one side, there shall be a planting strip of at least eight feet wide between the opposite lane and the sidewalk. Sidewalks shall be no less than eight feet wide and are required on both sides of the street.

b.

Posted vehicle speed for workshop use streets shall not exceed 25 miles per hour.

c.

At intersections the curb radius shall be 20 feet, with a clear zone radius of 25 feet. Parking lanes shall not be closer than 25 feet to the nearest intersecting building lot line.

d.

Workshop use lots shall have their rear or side lot lines adjacent to an alley 24 feet wide containing a vehicular pavement width of at least ten feet one-way and 18 feet two-way, except where the rear lot line adjoins a greenbelt, lake or canal.

(5)

Parking. Off-street parking shall be placed to the side or the rear of the building.

(6)

Signage. All signs shall be wall mounted perpendicular to the building face with an eight-foot clearance to the sidewalk and shall not exceed a total of 24 square feet and shall be limited to three signs.

(Ord. No. 2007-12, exh. A(ch. V, § 13(f)(6)), 8-22-2007)

The following provisions of the traditional neighborhood development (TND) district shall not be varied:

(1)

Curb requirements.

(2)

Front porch requirements.

(3)

Location of on-site parking.

(4)

Colonnades.

(5)

Rowhouse and house use with first floor of 18 inches above finished grade.

(6)

Average block perimeter.

(7)

Public/semipublic use and civic use land allocation requirements.

(8)

Minimum land allocation requirements, except for workplace uses which may be reduced by 50 percent.

(9)

Street width requirements.

(10)

Maximum and minimum setback requirements.

(Ord. No. 2007-12, exh. A(ch. V, § 13(g)), 8-22-2007)

No alley shall be required for any location where one of the following conditions exist as demonstrated at public hearing:

(1)

Required parking is provided in the rear and due to design or intensity of such parking, alleys cannot provide safe or logical access to such parking; or

(2)

Required parking is provided by on-street parking where permitted.

(Ord. No. 2007-12, exh. A(ch. V, § 13(h)), 8-22-2007)

All land designated on approved plans as common open space, including squares, greens and parks, and all structures devoted to the common use of the inhabitants of a traditional neighborhood development (TND) will be owned and/or maintained as follows:

(1)

Those projects developed under a condominium ownership shall be in accordance with applicable state law;

(2)

The common open space and civic uses shall be maintained under a special taxing improvement district as approved by the city council; or

(3)

The common open space and civic uses shall be owned by a property homeowners' association in which case the ownership shall be subject to covenants providing for the maintenance of common facilities in a manner that ensures its continuing use for its intended purpose and provided that a homeowners' association shall comply with the following requirements:

a.

Approval for form and legal sufficiency as to compliance with this article by the city attorney's office.

b.

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

c.

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

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 years.

(Ord. No. 2007-12, exh. A(ch. V, § 13(i)), 8-22-2007)

In the event of express conflict with any provision of chapter 71, landscaping and buffer, or any other provision of this Land Development Code, the provisions of this article shall prevail. The requirement of section 68-505 to provide a child care use in a traditional neighborhood development (TND) zoning district shall not apply where the director of planning and zoning department determines that the traditional neighborhood development (TND) zoning district is encumbered in whole or in part by conflicting airport regulations and no suitable site within a traditional neighborhood development (TND) zoning district exists for a child care facility outside the areas that are in conflict with the airport regulations.

(Ord. No. 2007-12, exh. A(ch. V, § 13(j)), 8-22-2007)

The purpose of this district is to promote the planned development of large projects, by allowing greater freedom of design, by improving the opportunity for flexibility, creativity and innovation in land development, by limiting the expenditure of public funds, and by achieving the intent of land use regulations, in exchange for the provision by the developer of substantial community benefits beyond increased tax base and employment. Specifically, this district shall:

(1)

Allow diversification of uses, structures, and open spaces when not in conflict with existing and permitted land uses on abutting properties.

(2)

Reduce improvement costs through a more efficient use of land and a smaller network of utilities and street than is possible through the application of standards contained in conventional land development regulations.

(3)

Converse the natural amenities of the land by encouraging the preservation of environmentally significant, scenic and functional open space.

(4)

Provide maximum opportunity for the application of innovative site planning concepts to the creation of aesthetically pleasing environments for living, shopping, and working on properties of adequate size, shape and locations.

(5)

Ensure that development will occur according to the limitations of land use, site design, population density, building coverage, improvement standards, and construction phasing as authorized through the approval of a site plan.

(6)

Provide city council a greater opportunity to be involved in the site development stages of development and to enforce the goals, objectives and policies of the comprehensive development master plan on site-specific projects.

(7)

Provide for other limitations, restrictions and requirements as deemed necessary impacts.

(8)

To reduce the effects of hurricane damage and to provide for safer environments through strategic urban design.

(9)

Provide substantial community benefits beyond increased tax base and employment.

(Ord. No. 2007-12, exh. A(ch. V, § 16(a)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

Planned residential projects shall not exceed the maximum gross density or maximum height, or be less than the minimum open space, permitted by the underlying land use category(s) as shown on the adopted future land use map. Gross acreage shall consist of the entire site, including internal roads, internal water bodies, and environmentally projected areas. Where open space is not addressed in a land use category, a minimum of 15 percent of the development site is required to be in open space.

(Ord. No. 2007-12, exh. A(ch. V, § 16(b)(1)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

Planned commercial projects shall not exceed the maximum floor area ratio or maximum height, or be less than the minimum open space requirement, permitted by the underlying future land use category as shown on the adopted future land use map.

The following uses are permitted in planned commercial projects:

(1)

Offices;

(2)

Retail and wholesale businesses;

(3)

Personal and professional services;

(4)

Hospitals and clinics;

(5)

Nursing homes;

(6)

Hotels and motels;

(7)

University and college facilities;

(8)

Medical buildings;

(9)

Entertainment venues;

(10)

Cultural facilities; and

(11)

Residential where permitted by underlying land use category.

(Ord. No. 2007-12, exh. A(ch. V, § 16(b)(2)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

Planned industrial projects shall not exceed the maximum floor area ratio or maximum height, or be less than the minimum open space requirement, permitted by the underlying future land use category as shown on the adopted future land use map.

The following uses are permitted in planned industrial projects:

(1)

Warehouses;

(2)

Distribution centers;

(3)

Manufacturing and assembly facilities;

(4)

Research and development facilities;

(5)

Automobile, shop, aviation and marine manufacturing;

(6)

Aviation and marine manufacturing;

(7)

Offices;

(8)

Flex-space showrooms;

(9)

Merchandise marts;

(10)

Hospitals;

(11)

Convention facilities;

(12)

Hotels; and

(13)

University and college facilities.

(Ord. No. 2007-12, exh. A(ch. V, § 16(b)(3)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

Editor's note— Ord. No. 2021-27, § 2, adopted Sept. 22, 2021, repealed § 68-644, which pertained to planned special projects and derived from Ord. No. 2007-12, exh. A(ch. V, § 16(b)(4)), adopted Aug. 22, 2007.

Planned mixed use projects shall not exceed the maximum gross density or maximum height, or be less than the minimum open space, permitted by the underlying land use category(s) as shown on the adopted future land use map. Gross acreage shall consist of the entire site, including internal roads, internal water bodies, and environmentally projected areas. Where open space is not addressed in a land use category, a minimum of 15 percent of the development site is required to be in open space.

(1)

Permitted. The following uses are permitted in planned mixed use projects:

(a)

Residential uses;

(b)

Commercial uses listed in section 68-642 of this division; and

(c)

Industrial uses listed in section 68-643 of this division provided the site is located in the Doral Décor District.

(2)

Prohibited. In no instance shall the following uses be permitted in any mixed use planned unit development:

(a)

Adult entertainment.

(b)

Boat sales.

(c)

Fortunetellers, astrologers, and palm readers.

(d)

Funeral homes.

(e)

Greenhouses and nurseries (wholesale).

(f)

Laundry and dry cleaning plants.

(g)

Motor vehicle repair facilities.

(h)

Motor vehicle service centers.

(i)

Pawnshops.

(j)

Veterinary clinics.

(Ord. No. 2007-12, exh. A(ch. V, § 16(b)(5)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

The minimum site area for a PUD project is ten acres of contiguous land area. A PUD may have a lot size of less than ten acres, but not less than five acres, if the city council finds that:

(1)

An unusual physical or topographic feature of importance to the city, such as wetlands, exists on the site or in the surrounding neighborhood that will contribute to and be protected by the PUD; or

(2)

The proposed PUD is adjacent to an approved PUD that has been completed and will contribute to the amenities and values of the neighboring PUD including road and pedestrian connections to the adjacent PUD; or

(3)

The PUD is located in master planned area that is being redeveloped and the PUD will implement the policies of the redevelopment plan; or

(4)

The property fronts Doral Boulevard, is within one-quarter mile of a transit station or stop, and the proposed PUD is in compliance with the Doral Boulevard Beautification Master Plan, and any other city-sponsored master plan for the Boulevard.

(Ord. No. 2007-12, exh. A(ch. V, § 16(c)(1)), 8-22-2007; Ord. No. 2017-10, § 2, 8-23-2017; Ord. No. 2021-27, § 2, 9-22-2021)

Existing residential development along the perimeter of the planned unit development shall be protected by setbacks, landscape buffers, landscaped walls and other techniques provided for in chapter 71, Landscaping and buffers, of City Code.

(Ord. No. 2007-12, exh. A(ch. V, § 16(c)(2)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

The following are the minimum internal development requirements for planned unit developments:

(1)

Minimum lot size shall be consistent with the lot size requirements for the building type proposed based on zoning regulations for similar building types in the City Code. The lot size(s) to be used in a PUD project will be determined by the planning and zoning director.

(2)

The minimum distance between on-site structures shall be in compliance with the standards of the Miami-Dade County Fire Department.

(3)

Minimum building setbacks shall be in compliance with the setback standards for the zone(s) in the City Code permitting similar building types. The setbacks to be used in a PUD project will be determined by the planning and zoning director.

(Ord. No. 2007-12, exh. A(ch. V, § 16(c)(3)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

Parking for PUDs must be in compliance with chapter 77, division 2, of the City Code. In addition, parking facilities must adhere to the following guidelines:

(1)

Parking lot layout, landscaping, buffering and screening shall prevent direct views of parked vehicles from streets.

(2)

The interior of all parking lots shall be landscaped to provide shade and visual relief.

(3)

Parking lot layout shall provide for safe and efficient pedestrian circulation and depict pedestrian crosswalks where necessary and appropriate.

(4)

Bicycle parking spaces must be provided evenly throughout the site and meet minimum requirements pursuant to the Land Development Code.

(5)

Section 77-140(c) entitled "Adjustments to requirements" that allows for reductions for mixed or joint use of spaces shall not apply to PUD projects.

(Ord. No. 2007-12, exh. A(ch. V, § 16(c)(4)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

The landscaping shall meet all requirements of chapter 71, Landscaping and Buffers, of the Land Development Code. A landscape buffer strip at least 15 feet in width is required along the frontage with all public streets. This buffer shall contain landscaping only; parking spaces, signage, above ground utilities and other structures are not allowed.

(Ord. No. 2007-12, exh. A(ch. V, § 16(c)(5)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

To the maximum extent possible, all on-site utilities shall be installed underground. The developer shall provide adequate landscaping to screen all above ground facilities which are not possible to place underground.

(Ord. No. 2007-12, exh. A(ch. V, § 16(c)(6)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

(a)

Every residential unit or permitted use shall have direct access to a public street via private road, common easement or other area dedicated or reserved for public use.

(b)

To provide for interconnectivity between developments, the planned unit development (PUD) must provide logical connections to surrounding properties. If the surrounding properties are vacant, then the project shall contain viable road and/or pedestrian stub-outs to neighboring residential and/or commercial properties in anticipation of future development.

(c)

If the development abuts a city park and/or planned linear park, the planned unit development (PUD) must provide for a viable and logical connection to such park.

(d)

Each PUD site plan must adhere to the connectivity and walkability standards and requirements for "context zones" published by the Florida Department of Transportation.

(Ord. No. 2007-12, exh. A(ch. V, § 16(c)(7)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

The minimum open space area required for a PUD development is established in subdivision II of this article based on the type of development proposed. No area shall be accepted as common open space unless it satisfies the following standards:

(1)

Common open space shall consist entirely of pervious landscaped area and be usable by all residents of the planned development.

(2)

Common open space shall be suitably improved for intended use. Such use may include aesthetic, amenity, buffering or recreational purposes, or the preservation of natural resources, natural features or listed species habitats.

(3)

Common open space set aside for preservation shall remain undisturbed and be protected by conservation easements.

(4)

The location, shape, size and character of common open space shall be depicted on the site plan.

(5)

Common open space shall not be used for the construction of any structures other than recreational facilities.

(6)

Common open space must contain a private park equal in size to 50 percent of the city's parks level-of-service standard as applied to the PUD project, developed with passive and active recreation facilities. Indoor recreation gymnasiums containing exercise equipment and ancillary workout rooms can be counted toward meeting up to 50 percent of this requirement. This requirement applies only to residential PUDs and the residential portions of mixed use PUDs.

(Ord. No. 2007-12, exh. A(ch. V, § 16(c)(8)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

The applicant must provide a transit shelter with internal lighting for transit patrons and/or bus pull-out lane on any public streets fronting the development if the shelter location and/or lane is recommended by the Miami-Dade County and/or city transit agencies. The transit shelter design must be approved by the city. Bus benches and signage must also be provided if recommended by the agencies. The developer is responsible for coordinating with the transit agencies to identify and implement recommended transit improvements.

(Ord. No. 2007-12, exh. A(ch. V, § 16(c)(9)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

The applicant must coordinate with the city police department and implement crime prevention and enhanced safety features within the project. The site plan must demonstrate compliance with the Crime Prevention through Environmental Design (CPTED) principles and standards.

(Ord. No. 2007-12, exh. A(ch. V, § 16(c)(10)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

The city council shall reserve the right to make a final determination to approve and to modify the urban design guidelines, dimensional requirements, landscaping, landscape buffers, signage any other site feature applicable at the time of the planned unit development (PUD) rezoning. The conceptual site plan shall be presented during a zoning workshop as part of the rezoning application for a PUD rezoning, pursuant to section 53-184.

(Ord. No. 2007-12, exh. A(ch. V, § 16(c)(11)), 8-22-2007; Ord. No. 2016-16, § 3, 5-18-2016; Ord. No. 2021-27, § 2, 9-22-2021)

Unless otherwise specifically described within the master development agreement, the site plan and development permits for uses and structures within the planned unit development (PUD) shall comply with regulations, ordinances and resolutions in effect at the time of plan approval or permit application. If there are no prevailing regulations, the city manager or his designee shall reserve the right to make final determination on any site design regulation. This provision shall be included in all master development agreements.

(Ord. No. 2007-12, exh. A(ch. V, § 16(c)(12)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

Upon application for rezoning to the planned unit development (PUD) district, the applicant shall provide the following information, as applicable:

(1)

A recent aerial photograph with project boundaries clearly marked.

(2)

A recent boundary survey with north arrow and scale.

(3)

A full legal description of the property with attached copies of any instruments referred to such as deeds, plats, covenants or restrictions.

(4)

The names and addresses of the owners of the property to be rezoned and evidence of unified control of the property.

(5)

The names and addresses of all property owners within 500 feet of the proposed project boundaries.

(6)

A map indicating the location, and dimensions of the following existing features on the property:

(a)

Vegetation;

(b)

Land uses;

(c)

Buildings;

(d)

Structures;

(e)

Utilities;

(f)

Drainageways;

(g)

Easements;

(h)

Public street rights-of-way;

(i)

Railways;

(j)

Transit facilities;

(k)

Property lines and recorded plats; and

(l)

Docks, bulkheads and other water-related structures.

(7)

A statement as to how the proposed project conforms to the city's adopted comprehensive plan.

(8)

A scaled and fully-dimensioned set of plans ("site plan") containing the following sheets and information (as applicable):

(a)

Property boundary, building locations, parking, driveways, internal roads, drive aisles, landscaped open space, utilities, internal lot lines and size of lots, building setbacks, on-site retention areas, pedestrian walkway system, recreational areas, garbage dumpsters, sidewalks, water features, loading areas, public art location(s), public art location(s), perimeter roads with full right-of-way cross-sections, proposed road improvements, right-of-way dedications proposed, typical size of parking spaces, and area map showing project location.

(b)

Zoning legend with proposed zoning district, gross/net site area, number of dwelling units, gross and net density, amount of commercial/industrial square footage, building height in stories and feet, floor area ration, interior size of dwelling units in square feet, number of bedrooms, lot coverage, setbacks, open space in percent of lot and square feet, and parking calculations. Where applicable, show both the required and provided value for the zoning parameters above.

(c)

Landscape plan showing location, species, size at installation, quantity, landscaped area (in light green or gray shading), landscape buffer areas, bufferyard calculations, and planting/maintenance instructions for all landscaping. Landscaping shall meet or exceed the standards set forth in chapter 71 of the City's Code.

(d)

Floor plans.

(e)

Exterior photometric plan.

(f)

Color elevations of all buildings visible from public streets.

(g)

Signage plan for all stand-alone and building signs showing location, sign face area, height, width, setback from nearest property line and any proposed lighting. Signs in the PUD shall be in accordance with chapter 80 of the City's Code.

(h)

Phasing plan with commencement and completion dates for each phase, and final build out date of entire project.

(i)

Plan sheet showing with notes and arrows how the project complies with the city's low impact development requirements.

(j)

Plan sheet showing with notes and arrows how the project complies with chapter 86, Urban design and architectural standards. This sheet must be specifically approved by the city's planning and zoning department.

(k)

Plan sheet showing with notes and arrows how the project complies with the applicable CPTED principles and standards.

(9)

Letter of landscape compliance sealed by a Florida-registered landscape architect certifying that the landscape plan is in compliance with chapter 71 of the City Code.

(10)

Statement describing how the project will comply with the city's public arts program (chapter 75).

(11)

Traffic impact analysis.

(12)

Plan sheet showing the traffic circulation system, including arterial, collector, and local streets; off-street parking areas and facilities; loading areas; and points of access to adjacent public rights-of-way.

(13)

A pedestrian and bike path circulation system, including trails, and its interrelationship and proposed treatment of points of conflict with the traffic circulation system.

(14)

For PUDs greater than 100 acres in size, the site plan may designate an area of the site for "Future Development" when there are no current development plans for said area. When the future development area is ready for development, the property owner must file for a PUD amendment and meet all provisions of this division.

(15)

Any other information deemed pertinent by the planning and zoning director or city council. The planning and zoning director may waive any of the site plan submittal items or portions of items upon a showing of good cause.

(Ord. No. 2007-12, exh. A(ch. V, § 16(d)(1)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

Each PUD project must commit to provide community benefits beyond increased tax base and employment. The potential community benefits are listed below. A minimum of two benefits must be included in the PUD.

(1)

Neighborhood or pocket park a minimum of one-half acre in size and located adjacent to a public street.

(2)

'LEED Gold' certification for all buildings or an equivalent certification.

(3)

Transit shelter if recommended by the county or city transit agency.

(4)

Community garden a minimum of one-half in size and located adjacent to a public street.

(5)

Public plaza containing at least one civic/cultural feature and comprising a minimum of 25 percent of the project frontage on the street with a depth of at least 40 feet.

(6)

A minimum of 20 percent of the total dwelling units in the PUD qualify under the city's standard as "workforce housing."

(7)

Any other project feature determined by the city council to be a community benefit.

All community benefit features approved for a PUD must be improved and maintained by the property owner in perpetuity.

(Ord. No. 2021-27, § 2, 9-22-2021)

Upon application for rezoning to the planned unit development district, the applicant shall provide a master development agreement (MDA). The agreement shall contain and address the following information, when applicable:

(1)

Project location, legal description and description summarizing the information contained in section 68-707(8)(a) of this division.

(2)

Zoning specifications contained in section 68-707(8)(b) of this division.

(3)

Detailed description of the community benefit features and public art to be installed, and building permit issuance deadline when each one will be in place.

(4)

Description and specifications for any roadway and transit improvements to be built by the developer and building permit issuance deadline when each one will be completed.

(5)

Project phasing with commencement and completion dates for each phase, and final build-out date for entire project. Statement that any variation from a phasing plan date that exceeds six months will require administrative approval by the planning and zoning director.

(6)

Technical statement showing how the city's public facility level-of-service standards are being met and/or exceeded by the project.

(7)

A statement of the manner in which all city and county concurrency requirements are met.

(8)

Reduced copy of site plan approved by city council.

(9)

Final page of agreement stating the owner(s) is in agreement with all specifications and requirements contained in the MDA. The owner(s) signature(s) must be notarized.

(10)

Any other information deemed pertinent by the planning and zoning director or city council.

(Ord. No. 2007-12, exh. A(ch. V, § 16(d)(2)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

The homeowners and/or condominium association documents for the residential portions of the PUD must be submitted with the PUD rezoning application for review by the planning and zoning director, and city attorney.

(Ord. No. 2027-27, § 2, 9-22-2021)

(a)

The applicant or its successor in interest shall submit yearly progress reports to the planning and zoning director.

(b)

If no construction has been initiated in the planned unit development within 12 months from time of rezoning, the applicant must apply to the planning and zoning director for a time extension. If the director does not find adequate justification for a time extension, the city manager shall bring the matter before city council for either a time extension of the PUD or termination of the PUD zoning. However, if the applicant does not apply for an extension of time within the 12 month period, the city manager shall bring the matter before city council, which may, after public hearing, declare that the approved conceptual development plan (CDP) and master development agreement (MDA) are of no force and effect.

(Ord. No. 2007-12, exh. A(ch. V, § 16(d)(3)), 8-22-2007; Ord. No. 2027-27, § 2, 9-22-2021)

Editor's note— Ord. No. 2021-27, § 2, adopted Sept. 22, 2021, repealed § 68-732, which pertained to required for rezoning and derived from Ord. No. 2007-12, exh. A(ch. C, § 16(e)(intro.)), adopted Sept. 22, 2007.

Before submitting an application for rezoning to a planned unit development district, the applicant shall meet with the planning and zoning department to determine the feasibility for the proposed plan and its relationship to the city's adopted local government comprehensive plan.

(Ord. No. 2007-12, exh. A(ch. V, § 16(e)(1)a), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

Any plan or exhibit as part of an application for a planned unit development shall certify that the services of two or more of the following professionals were utilized in the design or planning process:

(1)

An urban planner who is a member of the American Institute of Certified Planners;

(2)

A landscape architect registered by the state;

(3)

An architect licensed by the state; and

(4)

A professional civil engineer registered by the state.

(Ord. No. 2007-12, exh. A(ch. V, § 16(e)(1)b), 8-22-2007)

All information required in this division for PUD rezoning shall be submitted to the planning and zoning department. Six copies of the site plan are required.

(Ord. No. 2007-12, exh. A(ch. V, § 16(e)(1)c), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

All applications shall be reviewed by the development review committee (DRC), and members' comments shall be delivered and discussed at a regularly scheduled meeting. Formal comments of the development review committee (DRC) shall be transmitted in writing to the applicant no later than three working days after the meeting.

(Ord. No. 2007-12, exh. A(ch. V, § 16(e)(1)d), 8-22-2007; Ord. No. 2016-16, § 3, 5-18-2016; Ord. No. 2021-27, § 2, 9-22-2021)

Resubmittal of the site plan and master development agreement reflecting revisions required by development review committee (DRC) comments shall be made within two weeks of the development review committee (DRC) meeting for expedited processing. The revised site plan and master development agreement shall be reviewed by the appropriate development review committee (DRC) members.

(Ord. No. 2007-12, exh. A(ch. V, § 16(e)(1)e), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

Prior to the application being scheduled for the city council, the applicant must submit the site plan and master development agreement and obtain approval from the county department of environmental resources management (DERM), county fire rescue, county school board (if residential), county public works department, city police department, county transit authority and any other relevant agency as determined by the planning and zoning director.

(Ord. No. 2007-12, exh. A(ch. V, § 16(e)(2)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

(a)

Upon receiving the recommendation of the planning and zoning director, and following a zoning workshop pursuant to section 53-184, the city council shall, at a regularly scheduled public meeting, review said recommendation and either approve, approve subject to conditions, or disapprove the application.

(b)

In the event the rezoning is approved by the city council, the approved master development agreement and site plan shall be certified by the city clerk and said certified copy shall be filed as a permanent record.

(Ord. No. 2007-12, exh. A(ch. V, § 16(e)(3)), 8-22-2007; Ord. No. 2016-16, § 3, 5-18-2016; Ord. No. 2021-27, § 2, 9-22-2021)

(a)

No permits shall be issued and no development shall commence unless they are in conformance with approved site plan and master development agreement unless a change or deviation is approved.

(b)

The planning and zoning director may only approve minor changes and deviations from the approved site plan which are in compliance with the provisions and intent of this Land Development Code, and which do not depart from the principal concept of the approved site plan and the criteria below are met as applicable. All other changes and deviations must be approved by the city council.

(1)

The change will not reduce the landscaped open space, natural area or parking area; and

(2)

The change will not increase the density of the site plan; and

(3)

The change will not modify approved uses; and

(4)

The change will not add commercial or industrial square footage; and

(5)

The change will not result in any structure, internal street, or parking area being moved by more than five feet in any direction; and

(6)

The change will not reduce any approved setback; and

(7)

The change will not result in an increase in the height of any structure; and

(8)

The change does not result in any significant adverse impacts beyond the site.

(c)

Should the planning and zoning director determine that a requested change or deviation from the approved site plan does not comply with the provisions and intent of this Land Development Code, or departs from the principles of the site plan, the applicant shall submit a new site plan which depicts the revisions to the existing approved plan and includes a new amended and restated master development agreement. Upon appeal for change or deviation from the approved plan, the city council may take such action as it deems appropriate.

(Ord. No. 2007-12, exh. A(ch. V, § 16(e)(4)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)

The second reading of the ordinance for rezoning of any land to the planned unit development (PUD) district shall not take place until the developer has provided an executed copy of the master development agreement to the city clerk. The document shall be a fully corrected copy which addresses all issues discussed prior to the scheduled second reading. If there are no additional requirements, corrections or conditions attached by the city council at the second reading, the executed document shall be signed by the city clerk and mayor and forwarded to the county clerk for recording. If there are additional requirements, corrections or conditions attached by the city council at the second reading, the applicant shall revise the agreement and site plan and return the documents to the city clerk within 30 days for execution and recording. The requirement to return the document within 30 days shall be specified by the city council as a condition for approval of the rezoning.

(Ord. No. 2007-12, exh. A(ch. V, § 16(e)(5)), 8-22-2007; Ord. No. 2021-27, § 2, 9-22-2021)