Zoneomics Logo
search icon

Miami Gardens City Zoning Code

ARTICLE XVI

PLANNED DEVELOPMENT DISTRICT PD*, GOVERNMENT PROPERTY GP

Sec. 34-628.- PD, planned development district.

(a)

Purpose and intent. The purpose and intent of the Planned 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 the city.

(b)

Review procedures. In addition to the required application, documents, and fee to file for a rezoning to PD, the following review procedures shall be complied with:

(1)

DRC approval. The applicant shall submit an application to the DRC which shall contain, in addition, to the submittal requirements of the DRC, the following exhibits which shall be prepared by Florida registered landscape architects, architects and engineers, and applicant and shall accompany the DRC application to be filed with the department:

a.

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

b.

Site plan at no less than one inch to 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 article XIV of this chapter.

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:

Table 1: Site Plan Legend
Total gross acreage Acres 100%
Coverage building at ground level Acres
Private roads and parking areas Acres
Common open space Acres
Private open space Acres
Water bodies Acres
Public facilities Acres
Public roads Acres

 

c.

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

1.

Amount of pervious and impervious surfaces.

2.

Maximum density of development tract approved at public hearing.

3.

Density as proposed.

4.

Total dwelling units.

5.

Table of dwelling unit mix.

6.

Total number of bedrooms.

7.

Total number of building types including accessory buildings.

8.

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

9.

Name of water utility.

10.

Name of sewer utility.

11.

Required private open space.

12.

Provided minimum and average private open space.

13.

Table of parking spaces required and provided.

14.

Acreage dedicated for public and semipublic facilities.

15.

Survey of existing trees.

16.

Total trees required and provided in accordance with article XIV of this chapter.

d.

Floor plans, elevations, sections, when appropriate, and either isometrics or perspectives for the different proposed buildings.

e.

Declaration of restrictive covenants shall be submitted to the department after the DRC review and prior to the zoning appeals board hearing and granting a rezoning request, guaranteeing the development in accordance with promises made in the written and graphic documents listed below as approved by the zoning appeals board.

f.

A completed development impact statement.

g.

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

h.

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.

i.

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

j.

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.

k.

The existing site characteristics including any major variations of elevations, watercourse, unique natural features, and natural vegetation.

l.

Legal description and size of developmental tracts.

m.

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.

n.

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.

o.

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.

p.

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

q.

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

r.

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.

s.

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.

t.

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

u.

The administrative official may request any supplementary data needed to adequately review the proposed development; or may waive the requirement of submittal of any of the required submittal items if deemed not necessary in reviewing the application.

(c)

Review criteria. The following criteria shall be utilized as a basis for the review of the application:

(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 city council 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.

(d)

Approvals. Approvals of PD zoning districts shall be for the total development plan and shall be subject to a declaration of restrictive covenants. Subsequent DRC approval of each tract development for shall be required for approval of compliance with the total development plan.

(e)

Development parameters. All applications for the a Planned Development District shall comply with the following applicable development parameters:

(1)

Size of development site. The minimum size of the site to be developed as a planned development shall be five acres.

(2)

Development tracts.

a.

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 recordation of final plat. The tract shall be buildable in one phase, having common open space, a road system and a sufficient identity of its own in the event the overall project is not completed.

b.

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.

c.

At any time after a Planned Development District boundary change is approved at final hearing, any tract so approved may be subdivided in accordance with the subdivision ordinances of the city.

d.

The foregoing is not intended to preclude phased condominium development as contemplated by F.S. § 718.403 (1979).

(f)

Permitted uses. All uses and accessory uses shall be permitted as set forth in articles IX and article X of this chapter. Planned development zoning classification upon approval by the zoning appeals board.

(g)

Maximum permitted density.

(1)

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 total development plan by the zoning appeals board. All uses and land areas devoted thereto approved under the other use provision.

(2)

Said number of dwelling units and densities shall be in conformance with the comprehensive development master plan 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 Development District. The information provided in the development impact statement shall be considered in the establishment of densities.

(h)

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.

(i)

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.

(j)

Other uses with PAD application. Other uses that are not expressly permitted may only be permitted after approval as a special exception use by the zoning appeals board.

(k)

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:

Table 2: Common Open Space
Dwelling Units per Residential Net Acre Percentage of the Development Tract, Site Area to be Developed to Common Open Space
Up to 10 30%
11—20 33%
21—30 35%
31—40 38%
41 or more 40%

 

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

(1)

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

(2)

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

(3)

Tree preservation zones of natural forest communities as defined in this chapter.

(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.

(6)

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.

(l)

Conveyance and maintenance of common open space. All land designated on approved plans as common open space will be conveyed under one of the following procedures:

(1)

For those projects developed under a condominium arrangement, common open space shall be maintained under the applicable 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 city 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 city attorney shall be required for legal sufficiency.

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 years.

e.

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

(m)

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 60 percent of the interior gross floor area of each attached unit and equivalent to 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.

(n)

Landscaping, buffering. Landscaping, buffering and trees shall be provided in accordance with article XIV of this chapter.

(o)

Parking. All required parking shall comply with article XII of this chapter.

(p)

Minimum square footage. The minimum square footage for a residential units shall comply with article XI of this chapter.

(q)

Dimensional requirements. The dimensional requirements of setbacks, spacing, lot coverage, and other dimensional requirements shall be established by the total development plan and specified in the declaration of restrictive covenants.

(Ord. No. 2010-10-218, § 2(16-10), 4-7-2010)

Sec. 34-629. - GP district.

(a)

Uses permitted. No land, body of water and/or structure shall be maintained, used or permitted to be used, and no structure shall be hereafter maintained, erected, constructed, moved, reconstructed or structurally altered or permitted to be erected, constructed, moved, reconstructed or structurally altered for any purpose in a GP District which is designed, arranged, or intended to be used or occupied for any purpose other than the following:

(1)

Public parks, playgrounds and buildings, and structures supplementary and incidental to such uses;

(2)

Fire stations;

(3)

Police stations;

(4)

Public auto inspection stations;

(5)

Public water and sewer treatment and distribution facilities;

(6)

Public libraries;

(7)

Public buildings and centers;

(8)

Public hospitals, nursing homes and health facilities;

(9)

Public auditoriums, arenas, museums, art galleries;

(10)

Maximum and minimum detention facilities;

(11)

Solid waste collection and disposal facilities;

(12)

Public maintenance and equipment yards;

(13)

Public bus stations and rapid transit stations and facilities;

(14)

Public airports, including those particular uses allowed under the applicable airport zoning regulations;

(15)

And other similar governmental or public uses or services as deemed consistent by the administrative official with the intent and purpose of the district.

(b)

Designation of property. All governmental property in the city heretofore and hereafter purchased and/or designated for a governmental use shall be so noted in the public records and maps of the department. If a specific governmental use or uses has or have been designated for a particular property, the public records and maps of the department shall so reflect said designation. All land subject to the permitted uses enumerated in article IX of this chapter and owned in fee simple by a governmental entity shall be designated as governmental property. The designation GP shall be deemed an overlay zoning district and shall be in addition to any other zoning district by which the property is designated. If applicable, a GP District shall automatically revert to its other district classification if the property is no longer utilized.

(c)

Development standards and development approval. Development standards of GP property shall be established and shall be subject to DRC review and approval as set forth in section 34-45.

(Ord. No. 2010-10-218, § 2(16-20), 4-7-2010)