The purpose and intent of the Planned Area Development District, is to create living environments that are responsive to the needs of their inhabitants; to provide flexibility in planning, design and development; to encourage innovative approaches to the design of community environments; to encourage the fulfillment of housing needs appropriate to various life styles and income levels; to encourage the integration of different housing types within a development; to provide for necessary commercial, recreational and educational facilities conveniently located in relation to housing; to provide for an efficient use of land; to provide an environment compatible with surrounding land use; to adapt the zoning process to changes in construction and development technology; to encourage the preservation of the natural site features; to provide community environments that are so designed and located as to be an integral part of the total ecosystem; to encourage the design of communities and structures adapted to the local subtropical climate; thereby promoting the public health, safety, and general welfare of Miami-Dade County.

(Ord. No. 76-106, § 1(1), 12-7-76; Ord. No. 98-7, § 1, 1-13-98)

An applicant(s) for approval of a planned area development shall be owner(s) of record, or a lessee with the sworn-to consent of the owner(s).

(Ord. No. 76-106, § 1(2), 12-7-76)

The planned area development review procedures are divided into four (4) steps: (A) Preapplication conference; (B) total development plan review; (C) development tract review; and (D) review criteria.

(A) Preapplication conference.

To obtain information each applicant shall confer with the Department, other affected interested department heads, and where applicable, representatives of adjacent municipalities, in connection with the preparation of the planned area development application. It shall be the responsibility of the Department to coordinate and invite department heads, municipalities or their representatives to a joint meeting. The general outlines of the proposal evidenced schematically by sketch plans and including narrative information sufficient for the understanding of the proposed development shall be provided by the applicant for consideration at said joint meeting, before submission of the zoning application for Planned Area District boundary change. Thereafter and within ten (10) working days after the preapplication conference, the Director shall furnish the applicant with all written comments resulting from such conference including appropriate recommendations to inform and assist the applicant in his preparation of the components of the planned area development application.

(B) Total development plan review.

Following the preapplication conference the total development plan reviews shall be initiated by the applicant. Required exhibits listed below and a completed development impact statement if required by Chapter 33 of the Miami-Dade County Code, together with an application for public hearing as required by Chapter 33 of the Miami-Dade County Code, shall be submitted to the Department.

(1)

Required exhibits—Written documents. The following written documents shall be submitted as part of the planned area development zoning application:

(a)

Recordable agreement guaranteeing the development in accordance with promises made in the written and graphic documents listed below as approved by the Community Zoning Appeals Board. Said agreement shall be submitted to the Department after the Development Impact Committee review and prior to the Community Zoning Appeals Board review.

(b)

A completed development impact statement, if required in Chapter 33 of the Miami-Dade County Code.

(c)

A development schedule indicating the approximate date(s) when construction of the planned area development and stages thereof can be expected to be initiated.

(d)

Quantitative data for the following: Total number of dwelling units; total number of bedrooms; size of total development proposed land coverage of buildings and structures; acres of common open space; gross and net residential densities; total amount of open space; total amount of nonresidential construction, amount of public and private roads, and population projections.

(e)

Tentative agreements with appropriate governmental agencies for the proposed dedication of land for public uses prior to public hearing.

(2)

Required exhibits—Graphic documents. Maps, site plans and drawings of the proposed planned area development shall be submitted as part of the total development plan and shall contain the following minimum information:

(a)

The existing site characteristics including any major variations of elevations, water course(s), unique natural features, and natural vegetation.

(b)

Legal description and size of developmental tracts (see Section 33-284.27(B) for details of developmental tracts).

(c)

The location of all major land uses with densities and/or floor area of such uses including structure heights, with drawings indicating basic development concepts of the proposed development.

(d)

The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open spaces, public facility space, common recreational areas, school sites, and similar public and semipublic uses.

(e)

The existing and proposed circulation system of arterial and collector streets, and major points of access to public rights-of-way including major points of ingress and egress to the development. Notations of proposed ownership of roadways—public or private—should be included where appropriate.

(f)

The existing and proposed pedestrian, equestrian and bicycle circulation systems including interrelationships with the vehicular circulation system, indicating proposed treatment of points of conflicts.

(g)

A schematic landscape plan in accordance with Chapter 18 A of this Code, indicating the proposed design of major landscape elements. Plant names and sizes of tree masses shall be provided.

(h)

Adequate information on land areas adjacent to the proposed planned area development to indicate the relationships between the proposed development and adjacent areas, including existing land uses, zoning classifications, densities, vehicular, pedestrian and equestrian circulation systems and public facilities, as well as unique natural features of the landscape.

(i)

The proposed treatment of the perimeter of the planned area development including materials and techniques to be used such as screens, landscape buffer, fences, walls and berms when appropriate.

(j)

Any additional information required by the review authority necessary to evaluate the character and impact of the proposed planned area development.

(3)

Review process. The review of the total development plan of a planned area development shall be by the Developmental Impact Committee, and review and action by the Community Zoning Appeals Board shall be in accord with Section 33-304(f) of the Miami-Dade County Code.

(C) Development tract review.

Following approval of the total development plan by the Community Zoning Appeals Board, review at the development tract level may be initiated.

(1)

Required exhibits. The following exhibits shall be prepared by Florida registered landscape architects, architects and engineers and shall accompany the development tract review application to be filed with the Department:

(a)

A plan indicating existing zoning on site and adjacent areas.

(b)

Aerial photograph or map indicating site and development in the immediate area.

(c)

Site plan at no less than one (1) inch to fifty (50) feet which shall include the following information:

1.

Location, shape, size and height of existing and proposed buildings, fences and walls.

2.

Pedestrian, equestrian and vehicular circulation systems.

3.

Parking layouts and drives.

4.

Landscaping in accordance with Chapter 18A of this Code.

5.

Major changes in grades.

6.

Building setbacks and spacing.

7.

A legend including the following applicable information shall be provided as part of the site plan in accordance with the following format:

8.

The following information shall be provided on the site plan or in a separate document:

Amount of pervious and impervious surfaces.

Maximum density of development tract approved at public hearing.

Density as proposed.

Total dwelling units.

Table of dwelling unit mix.

Total number of bedrooms.

Total number of building types including accessory buildings.

Table of buildings by heights, stories, unit types, and square footage.

Name of water utility.

Name of sewer utility.

Required private open space.

Provided minimum and average private open space.

Table of parking spaces required and provided.

Acreage dedicated for public and semipublic facilities.

Survey of existing trees.

Total trees required and provided in accordance with Chapter 18A of this Code.

Any supplementary data needed to adequately review the proposed development.

(d)

Floor plans, elevations, sections, when appropriate, and either isometrics or perspectives for the different proposed buildings at no less than one (1) inch equals sixteen (16) feet which shall include the following information:

1.

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

2.

Horizontal and vertical circulation systems of the proposed buildings.

3.

Design of the outdoor surfaces of the proposed buildings.

(2)

Review process. Prior to the development of a development tract (see Section 33-284.27(B)) or prior to the sale, transfer or lease of any portion of a development tract, a development tract plan shall be prepared, submitted to, and approved by the Department for review and approval in accordance with review criteria, Section 33-284.26(D), and development plan(s) approved by the Community Zoning Appeals Board. Said development tract plan is a detailed refinement of information provided in the approved total development plan. If the planned area development involves only one (1) development tract the same procedure shall be followed.

Upon approval of a development tract plan, a copy of said approved plan and statement of approval shall be forwarded to the applicant and to the Department for filing in the planned area development file for the particular project.

If requested approval is denied, the proposed project may be appealed to the Community Zoning Appeals Board, in accordance with regulations as provided in Chapter 33 governing appeals from administrative decisions contained in the Code of Miami-Dade County.

(D) Review criteria.

The following criteria shall be utilized as a basis for the review of the total development plan and the development tract plans:

(1)

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

(2)

Planning studies. Design, planning or development 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 site plan review process.

(3)

Exterior spatial relationships. The three-dimensional airspace volume 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. Building height shall reflect a scale compatible with the development or zoning in the adjoining area. Elements that provide a logical transition to adjoining existing or permitted uses shall be provided. Spacing between buildings shall provide ample access for emergency equipment.

(4)

Subtropical characteristics. Architecture and site development 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.

(5)

Energy conservation. Design methods to reduce energy consumption shall be encouraged. Energy conservation methods may include but not be limited to natural ventilation of structures, siting of structures in relation to prevailing breezes and sun angles, insulation of structures, use of landscape material for shade, direction of breezes and transpiration.

(6)

Privacy. Due consideration of aural and visual privacy shall be evidenced in the design of the overall development and in the design of individual units.

(7)

Open space. A variety of open spaces shall be provided, appropriate to the needs of the particular type of development. 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 and shall be so located and developed as to be easily accessible to all residents of the development.

(8)

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

(9)

Location of public and semipublic uses. All public uses and semipublic uses such as churches, schools, day care centers, post offices, and other similar facilities shall be so located as to provide easy access by residents of the proposed development.

(10)

Circulation. Pedestrian, bicycle trails and equestrian trails shall be separated from auto circulation insofar as is practicable and all circulation systems shall adequately serve the needs of the development and be compatible and functional in its relationship to circulation systems outside the development.

(11)

Parking areas. Parking areas shall be provided that are screened and so located as not to interfere with the livability of the development, its environs, and adjacent properties. Parking areas shall be conveniently located for occupants of the residential structures.

(12)

Service areas. Service areas shall be provided that are screened and so located as not to interfere with the livability of the development or adjacent properties.

(13)

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. 76-106, § 1(3), 12-7-76; Ord. No. 78-2, § 1, 1-3-78; Ord. No. 84-28, § 1, 4-3-84; Ord. No. 95-19, § 19, 2-7-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 95-223, § 1, 12-5-95; Ord. No. 96-127, § 27, 9-4-96; Ord. No. 99-38, § 20, 4-27-99)

All applications for the Planned Area District shall comply with the following applicable development parameters:

(A) Size of development site.

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

(B) Development tracts.

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

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

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

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

(C) Permitted residential uses.

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

(D) Maximum permitted density.

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

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

(E) Accessory uses.

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

(F) Convenience retail service facilities.

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

(1)

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

(2)

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

(3)

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

(4)

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

(G) Public facilities.

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

(H) Other uses with PAD application.

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

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

(I) Common open space.

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

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

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

(a)

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

(b)

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

(c)

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

(d)

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

(J) Conveyance and maintenance of common open space.

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

(1)

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

(2)

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(K) Private open space.

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

(L) Trees.

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

(M) Parking.

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

(N) Minimum square footage.

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

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

An application fee for development tract review shall be paid to the Department in accordance with a schedule adopted pursuant to Section 33-285.

(Ord. No. 76-106, § 1(15), 12-7-76; Ord. No. 90-137, § 1, 12-4-90; Ord. No. 95-215, § 1, 12-5-95)