It is the purpose and intent of this article to promote more imaginative and appropriate site plans and significant amounts of common open space in the EU-1, EU-S, EU-M, and RU-1 Residential Districts by permitting the clustering of single-family units subject to review and approval of specific regulations and criteria.

(Ord. No. 78-43, § 2, 7-5-78)

A cluster development may be permitted in the EU-1, EU-S, EU-M, and RU-1 Single-Family Residential Districts subject to the regulations and limitations established in this article.

(Ord. No. 78-43, § 2, 7-5-78)

No land, body of water or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, moved or reconstructed, structurally altered or maintained for any purpose under a cluster development which is designed, arranged or intended to be used or occupied for any purpose, except for one (1) or more of the following uses, provided the site plan review exhibits are approved after public hearing and all necessary plats and agreements or restrictions have been recorded in the public records of Miami-Dade County:

(a)

Every use as a one-family residence, including every customary use not inconsistent therewith.

(b)

Structures for common usage on commonly owned property, provided they are shown on the site plan approved at a public hearing.

(Ord. No. 78-43, § 2, 7-5-78)

(A)

Minimum site area. The minimum site area, including dedicated rights-of-way, areas reserved and/or dedicated for public parks and for school sites and existing and proposed canals, lakes, and lagoons, shall be five (5) acres in the RU-1 District and ten (10) acres in the EU Districts.

(B)

Density. Density shall be based on net area. Net area shall include all portions of the site, including easements, private streets, and areas dedicated for public parks and for school sites, but excluding dedicated, zoned or proposed rights-of-way, areas proposed or reserved but not dedicated for public parks and for school sites, existing and proposed canals, lakes, lagoons and golf courses.

The maximum number of dwelling units per net acre that will be permitted in each district shall be as follows:

Approval for the maximum number of units established above may be granted only for site plans which incorporate the cluster concept, are compatible with the surrounding areas, are consistent with design studies, planning studies and/or neighborhood area studies accepted or approved by the Board of County Commissioners, and fully satisfy the site plan criteria hereafter included.

(C)

Lot frontage. Each cluster lot shall have a clear, direct frontage on public streets or to accessways complying with private street requirements.

(D)

Setbacks. The following setback requirements shall be maintained:

(1)

Single-family dwellings and structures for common usage shall be setback twenty-five (25) feet from the development perimeter property lines.

(2)

Accessory uses in connection with single-family dwellings shall comply with the setback requirements for such structures of the respective zoning district only when adjacent to the development perimeter property line.

(E)

Attached single-family dwellings. If attached single-family dwellings are proposed and approved, they shall be separated by either a common party fire wall or fire walls. Where units are offset from one (1) another and a common party wall is used, the wall may be placed equidistant on each side of the lot line not exceeding the length of the offset.

(F)

Utilities. Each single-family dwelling unit, either detached or attached, shall be serviced with separate utilities and other facilities and shall otherwise be independent of one (1) another.

(G)

Reserved.

(H)

Common open space. Open space for the common benefit of the residents of the proposed development shall be provided in accordance with the requirements herein established. Areas to be credited toward the common open space requirements are categorized as follows:

(1)

Category 1:

(a)

Landscaped areas at ground level with grass, trees and shrubbery, and unencumbered with any structure or off-street parking, or private drives.

(b)

All of the following uses when located at ground levels: entrance features, sitting areas, pedestrian walks, passive recreational uses and permanent outdoor art displays.

(2)

Category 2:

(a)

Active outdoor recreational uses including sports facilities such as tennis courts, baseball fields, and other similar uses.

(b)

Existing and proposed water bodies, including lakes, lagoons and canals.

Following are the minimum and maximum percentages for each category of common open space:

Common open space shall be provided in accordance with the following chart:

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

(I)

Private open space. Private open space on individual lots shall inure to the benefit of the individual lot and it shall be the responsibility of the individual lot owner to maintain the same. Privately owned open space shall constitute no less than twenty (20) percent of each individual lot.

(J)

Common ownership provisions. Provisions satisfactory to the County shall be made to assure that all common areas and facilities for use of all residents shall be maintained in a continuous and satisfactory manner, and without expense to the general taxpayer of Miami-Dade County. Such may be provided by the incorporation of an automatic and mandatory membership in the homeowners' association for the purpose of holding title to such areas and facilities and levying assessments against each individual ownership for the purpose of maintaining such common areas and facilities. These areas and facilities shall include, but not be limited to, all commonly owned recreational facilities, open space, off-street parking areas, private streets, sidewalks, streetlights. Such maintenance may include the upkeep of individual privately owned lots and structures and water bodies such as lakes, lagoons, and canals. Such assessments shall be a lien superior to all other liens save and except tax liens and first mortgage liens, which are amortized in monthly or quarter-annual payments over a period of not less than ten (10) years.

Other methods, including special taxing districts, may be acceptable if the same positively provide for the proper and continuous payment of taxes for common areas and facilities and maintenance without expense to the general taxpayers.

Homeowners' associations or condominium owners' associations shall not grant exclusive rights to any individual lot owner.

The instrument incorporating such provisions shall be approved by the County Attorney as to form and legal sufficiency before submission to the Board of County Commissioners and after approval shall be recorded in the public records of Miami-Dade County.

(K)

Reserved.

(L)

Development in stages. Where the proposed development is in excess of the minimum site area requirements the same may be developed in stages providing that each stage meets minimum site area requirements and all other requirements of residential cluster development regulations are met for each stage.

(M)

Condominium provisions. Anything herein to the contrary notwithstanding, ownership of a cluster development may be by way of a condominium in accordance with law in that regard made and provided.

(N)

Additions. Additions and/or changes to single-family dwellings, to accessory uses in connection therewith and/or to the structures for common usage such as utility rooms, swimming pools, greenhouses, open terraces or patios roofed and/or screened but not enclosed, new facade treatments, trellis and other similar garden amenities, and sun control devices such as awnings may be authorized provided:

(1)

That such proposed additions and/or changes will be compatible with the existing development in the area, in harmony with the general appearance and character of the community, in compliance with the site plan review criteria hereinafter provided and will not otherwise be detrimental to the public welfare.

(2)

That such proposed additions and/or changes are designed and arranged on the site in a manner that minimizes aural and visual impact on the adjacent structures while affording the applicant a reasonable use of the land.

(3)

That such proposed additions and/or changes and the structures adjacent thereto in individually owned lots or on commonly owned land are illustrated by means of site plans, floor plans, sections and elevations at a scale of no less than one (1) inch equal to sixteen (16) feet.

(4)

That such proposed additions and/or changes are approved in writing from an official authorized body designated by the cluster development to approve architectural changes in the cluster community and providing further that written approval of the immediate adjacent cluster unit owners is secured. If the applicant is unable to contact an adjacent property owner for such approval, the applicant may present proof that he has mailed the request for approval to each adjacent unit owner, by certified mail, return receipt requested, at each adjacent property owner's mailing address as listed in the most current Miami-Dade County tax roll, and that the notice has been returned undeliverable.

(5)

Exceptions. The installation of temporary storm panels approved under Chapter 35, South Florida Building Code shall be permitted as a matter of right and shall not be subject to homeowners' association approval, nor shall such installation be subject to adjacent single-family dwelling owners' approval. However, homeowners' association approval shall be required for the installation of permanent storm shutters. For the purposes of this subsection, temporary storm panels shall be defined as detachable protection devices that are installed temporarily over building openings in the event of an approaching hurricane or tropical storm.

(Ord. No. 78-43, § 2, 7-5-78; Ord. No. 84-27, § 1, 4-3-84; Ord. No. 91-36, § 7, 3-19-91; Ord. No. 93-73, § 2, 7-15-93; Ord. No. 94-146, § 2, 7-14-94; Ord. No. 95-223, § 1, 12-5-95; Ord. No. 00-141, § 2, 11-14-00)

Procedure. Cluster developments shall be reviewed by the Department for compliance with all applicable requirements, including the site plan review exhibits and criteria hereinafter provided. The recommendation of the Department shall be transmitted to the Community Zoning Appeals Board for their consideration. If after approval of the site plan review exhibits a substantial change therein is desired, application may be filed as a special exception with the Community Zoning Appeals Board to modify or change such exhibits, all in accordance with this article and Article XXXVI of Chapter 33 of this Code.

In approving a development plan, the Community Zoning Appeals Board may, by special exception, vary, amend or modify the following otherwise applicable zoning district regulations and/or subdivision regulations in order to effectuate the plan, provided the elements affected by such special exceptions are specifically noted upon the site plan review exhibits and provided the same are in harmony with the general purpose and intent thereof:

Lot area, width and depth.

Street frontage.

Setbacks.

Structure height and cubic content.

Sidewalks.

Street rights-of-way and improvements.

Off-street parking location and improvements.

Walls and fences, including their height.

Lot coverage of principal and accessory buildings.

Spacing between buildings, including attachment of units.

Exhibits. Exhibits which the applicant shall submit to the Department of Planning and Zoning shall include, but not be limited to, the following:

(1)

Aerial photograph or map indicating site and development in the immediate area within at least five hundred (500) feet of the site at no less than one (1) inch equals three hundred (300) feet (one (1) copy only).

(2)

A location map indicating existing zoning on the site and adjacent areas within at least five hundred (500) feet of the site at no less than one (1) inch equals three hundred (300) feet.

(3)

Site plan at no less than one (1) inch equals one hundred (100) feet, with a typical section at one (1) inch equals sixty (60) feet, including the following information:

(a)

Lot lines.

(b)

Location, shape, size and height of existing and proposed buildings, decorative walls and elements and entrance features.

(c)

Landscaping in accordance with Chapter 18A of this Code.

(d)

Recreation facilities.

(e)

Fire lanes.

(f)

Stages of development, if any.

(4)

Floor plans, section and elevations of all the different proposed buildings including all typical dwelling units at no less than one (1) inch equals sixteen (16) feet [and] including the following information:

(a)

Location, shape, size and height of all enclosed and unenclosed spaces within the proposed buildings.

(b)

Design of the outdoor surfaces of the proposed buildings.

(5)

Models or three-dimensional drawings of typical portions of the proposed development. Perspectives may be provided as three-dimensional drawings.

(6)

Figures indicating the following:

(a)

Gross and net acreage.

(b)

Net density.

(c)

Building heights.

(d)

Amounts and percentages of the different categories of common open space.

(e)

Number of parking spaces required and provided. If the development is proposed to be developed in stages, all the above figures shall be indicated for each stage. In addition, the method(s) used to determine all the above shall be clearly demonstrated.

(7)

Proposed alternatives, modifications and/or additions to the design of the common facilities and/or to the design of the individual dwelling units may be indicated where appropriate in the above exhibits, such as enclosed or nonenclosed spaces, walks, fences, patios and/or swimming pools.

Criteria. The following criteria shall be utilized in the site plan review process:

(1)

Purpose and intent. The proposed development fulfills the purpose and intent of this article.

(2)

Studies. Design studies, planning studies and/or neighborhood area studies accepted or approved by the Board of County Commissioners that include development patterns or environmental design criteria which would apply to the development proposal under review shall be utilized in the plan review process.

(3)

Clustering. The major site planning elements, buildings, open space, both common and private, and automobile areas including roads and parking shall be so arranged as to group the dwelling units into physically definable clusters.

(4)

Buffers. Architectural and landscape elements that provide a logical transition to adjoining existing or permitted uses shall be provided.

(5)

Exterior spatial relationships. The three-dimensional airspace created by the arrangement of structures and landscape shall produce spatial relationships that function with the intended use and occupancy of the project and are compatible with the development or zoning in the adjoining area. Spacing between buildings shall provide ample access for emergency equipment.

(6)

Scale. Scale of proposed structures shall be compatible with surrounding proposed or existing uses or shall be made compatible by the use of buffering elements.

(7)

Circulation. Pedestrian and auto circulation shall be separated insofar as is practicable, and all circulation systems shall adequately serve the needs of the development and be compatible and functional with circulation systems outside the development.

(8)

Parking areas. Parking areas shall be so designed as to appropriately relate to the development, its environs, and adjacent properties.

(9)

Storage areas for boats and trailers. Storage areas for boats and trailers, when provided, shall be screened and so designed as to appropriately relate to the development, its environs and adjacent properties.

(10)

Trash containers. Trash containers shall be screened and so designed as to be conveniently accessible to their users.

(11)

Landscape. Landscape shall be preserved in its natural state insofar as is practicable by minimizing tree removal. Landscape shall be used to shade and cool, direct wind movements, enhance architectural features, relate the design of the structure to the site, visually screen noncompatible uses and block noise generated by major roadways and intense-use areas.

(12)

Common open space. Common open spaces shall be provided, appropriate to the needs of the particular type of development. Common open space shall relate to any natural characteristics in such a way as to preserve and enhance their scenic and functional qualities to the fullest extent possible, shall be so located and developed as to be accessible by all residents of the development, and clearly define the physical structuring of the units.

(13)

Private open space. Open space intended for the private use of each individual dwelling unit should be so located and designed as to maximize its utility to the dwelling unit it serves and maximize its privacy, especially in relation to adjacent dwelling units.

(14)

Privacy. Aural and visual privacy shall be considered in the design of the development.

(15)

Subtropic architectural characteristics. Site design and building design should incorporate consideration of the subtropical characteristics of the area. The provision of sun control devices, shaded areas, vegetation, roof terraces and similar features characteristic of subtropical design shall be encouraged.

(16)

Energy conservation. The design of the site and buildings shall be such as to reduce energy consumption. Energy conservation methods may include, but not be limited to, siting of structures in relation to sun angles and wind direction, natural ventilation of structures, provision of shading devices including landscaping and insulation of structures.

(17)

Visual screening for decorative walls. In an effort to prevent graffiti vandalism, the following options shall be utilized for walls abutting zoned or dedicated rights-of-way:

(a)

Wall with landscaping. The wall shall be setback two and one-half (2½) feet from the right-of-way line and the resulting setback area shall contain a continuous extensively landscaped buffer which must be maintained in a good healthy condition by the property owner, or where applicable, by the condominium, homeowners or similar association. The landscape buffer shall contain one (1) or more of the following planting materials:

(1)

Shrubs. Shrubs shall be a minimum of three (3) feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one (1) year after time of planting.

(2)

Hedges. Hedges shall be a minimum of three (3) feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one (1) year after time of planting.

(3)

Vines. Climbing vines shall be a minimum of thirty-six (36) inches in height immediately after planting.

(b)

Metal picket fence. Where a metal picket fence abutting a zoned or dedicated right-of-way is constructed in lieu of a decorative wall, landscaping shall not be required.

(Ord. No. 78-43, § 2, 7-5-78; Ord. No. 95-19, § 17, 2-7-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 95-223, § 1, 12-5-95; Ord. No. 96-127, § 23, 9-4-96; Ord. No. 98-125, § 21, 9-3-98; Ord. No. 99-38, § 18, 4-27-99)