The purpose of this district is to promote the recommendations of the Smart Growth North Miami Beach: A Vision for the Future September 2005, the planned development of large projects, by allowing greater freedom of design, by improving the opportunity for flexibility and creativity in land development, by limiting the expenditure of public funds, and by achieving the intent of land use regulations. Specifically, this district shall to the extent they are applicable and reasonably feasible:

(A)

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

(B)

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

(C)

Conserve the natural amenities of the land, including privately owned internal water bodies, by encouraging the preservation of environmentally significant, scenic and functional open space, and by permitting, where appropriate, the entire site to count toward permitted gross density.

(D)

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 location.

(E)

Insure 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 comprehensive site development plan.

(F)

Create and/or enhance community benefiting assets. These community benefiting assets can include: parks, cultural institutions, public art, open space, gazebos, fountains, plazas, seating areas, colonnades, and shaded landscaped areas, or similar.

(G)

Address needs for affordable housing by providing various housing types and price ranges or contributing to an affordable housing fund.

(H)

Foster walkability by interconnecting to the network of pedestrian friendly streets, by creating a network of sidewalks within their property, and by creating or enhancing community benefiting assets within their development.

(I)

Promote distinctive, attractive P.U.D. projects with a strong sense of place through its unique architecture, site planning, walkability, connection to a variety of transportation choices, enhancement of neighborhood identity, and its choice of landscape materials, or similar.

(J)

Assist the City in accomplishing its park and open space goals by contributing impact fees, creating rooftop gardens, creating recreation, park and open space opportunities.

(K)

Create quality of place through building and supporting the local economy, through nurturing and defining neighborhood identity, fostering frequent and meaningful contact, creating improved accessibility, promoting a sense of comfort, and drawing a diverse population.

(L)

Assist in providing a variety of transportation choices by providing bicycle amenities, by accommodating various modes of transit, shelters, stops and stations, by assisting in making roadways on-site and off-site pedestrian friendly, aesthetically pleasing, and bicycle friendly, and through its use of transit oriented design.

(Ord. No. 2006-4 § 2, 3/21/06)

(A)

Planned Residential Projects. Residential uses are permitted in this district. A site development plan that is consistent with the site development standards contained in this Article is required. Supplemental nonresidential uses may also be permitted when complementary or an enhancement to and compatible with the orderly operation of the residential project, provided that all such uses with the exception of pre-existing water bodies used as a marina, shall not constitute more than fifty (50%) percent of the total project land area or gross floor area, whichever is less.

(B)

Planned Business or Office Centers. Business and office uses are permitted in this district. Supplemental residential uses may also be permitted when complementary or an enhancement to and compatible with the orderly development of the planned project; provided that all such residential uses shall not exceed a gross density in excess of what the least restrictive conventional residential zoning would permit by applying the permitted numerical density to the entire site; and provided that all such residential uses shall not constitute more than fifty (50%) percent of the total project land area or gross floor area, whichever is less. Lower densities may be required if adjacent to lower density residential areas.

(C)

Amusement parks are prohibited in this district.

(Ord. No. 2006-4 § 2, 3/21/06)

(A)

Minimum Site Area, Maximum Height, Maximum Density and Minimum Setback Requirements.

(1)

Parcels that are not within a PUD Overlay Area prior to application for rezoning to PUD or that are smaller than two and one-half (2.5) gross acres are not eligible for PUD zoning. Additional PUD Overlay Area types may be created, additional locations for existing PUD Overlay Area types may be approved, and existing PUD Overlay Area designations may be expanded, by the City Council upon their own initiative or by application of property owner(s) of lands comprising a minimum of two and one-half (2.5) gross acres of contiguous land, pursuant to standard City of North Miami Beach zoning and public hearing requirements.

(2)

Type A PUD Overlay Area: Sites within the Type A PUD Overlay Area having at least two and one-half (2.5) gross acres of contiguous land area are limited to twelve (12) stories. Sites within the Type A PUD Overlay Area having at least four (4) gross acres of contiguous land area are limited to fifteen (15) stories. Sites within the Type A PUD Overlay Area having at least five (5) gross acres of contiguous land area are limited to eighteen (18) stories. The density allowed within the Type A PUD Overlay Area is seventy-five (75) units per gross acre. Additional height bonuses may be made available to sites within the Type A PUD Overlay Area, which may result in a maximum height not to exceed fifteen (15) stories for sites having at least two and one-half (2.5) gross acres of contiguous land area; not to exceed eighteen (18) stories for sites having at least four (4) gross acres of contiguous land area, not to exceed twenty-four (24) stories for sites having at least five (5) gross acres of contiguous land area. Additional density bonuses may be made available to sites within the Type A PUD Overlay Area, which may result in a maximum density not to exceed one-hundred (100) units per gross acre.

(3)

Type B PUD Overlay Area: Sites within the Type B PUD Overlay Area having at least two and one-half (2.5) gross acres of contiguous land area are limited to twelve (12) stories and fifty (50) units per gross acre. Additional height and density bonuses may be made available which may result in a maximum height and density not to exceed fifteen (15) stories and seventy-five (75) units per gross acre.

(4)

Type C PUD Overlay Area: Sites within the Type C PUD Overlay Area having at least two and one-half (2.5) gross acres of contiguous land area are limited to six (6) stories and fifty (50) units per gross acre. Additional height and density bonuses may be made available which may result in a maximum height and density not to exceed twelve (12) stories and seventy-five (75) units per gross acre.

(5)

Type D PUD Overlay Area: Sites within the Type D PUD Overlay Area having at least five (5) gross acres of contiguous land area are limited to twenty-four (24) stores and thirty-two (32) units per gross acre.

(6)

Type E PUD Overlay Area: Sites within the Type E PUD Overlay Area having at least five (5) gross acres of contiguous land area are limited to fifteen (15) stories and thirty-two (32) units per gross acre. No buildings in the Type E PUD Overlay Area shall be placed within two hundred (200) feet of lands zoned as single family residential.

(7)

Type F PUD Overlay Area: Sites within the Type F PUD Overlay Area having at least five (5) gross acres of contiguous land area are limited to twenty-four (24) stories and seventy-five (75) units per gross acre.

(8)

This subsection is reserved for height and density bonus criteria to be determined consistent with Smart Growth principles.

(B)

Perimeter Development Requirements. No housing type, use, setback, height, and coverage requirements are established. However, existing residential development along the perimeter of the planned unit development shall be adequately protected by setbacks, landscaped walls and other buffers to be established as part of the site development plan review.

(C)

Internal Development Requirements.

(1)

No minimum lot sizes shall be required.

(2)

No minimum distance between on-site structures shall be required.

(3)

No minimum yard setbacks shall be required.

(D)

Off-Street Parking and Loading. Off-street parking and loading provisions shall meet all requirements of Article IX.

(E)

Landscaping. Landscaping shall meet all requirements of Article XI.

(F)

Underground Utilities. All on-site utilities shall be installed underground. Large transformers shall be placed on the ground within pad mounts, enclosures or vaults. The developer shall provide adequate landscaping to screen all above-ground facilities.

(G)

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

(H)

Common Open Space Requirements.

(1)

All designated common open spaces shall be preserved by one (1) or more of the following methods:

(a)

Public dedication, subject to acceptance by the City Council.

(b)

Conveyance to a property owners' association or nonprofit corporation.

(c)

Retention of ownership, control and maintenance by the developer.

(2)

All privately-owned common open space shall conform to its intended use and remain as expressed in the approved site development plan through the inclusion in all deeds of appropriate covenants. Said deed restrictions shall run with the land.

(3)

All common open space shall be specifically included in the development plan schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential units. If the rate of dwelling unit construction is greater than the rate at which common open spaces and recreational facilities have been provided, no permits shall be issued until the proper ratio has been provided.

(4)

If the developer elects to administer common open space through an association or nonprofit corporation as set forth in paragraph (1) (b) above, said organization shall conform to the following requirements:

(a)

The developer shall establish, by charter, the association or nonprofit corporation prior to any sale.

(b)

Membership in the association or nonprofit corporation shall be mandatory for all property owners and said association or corporation shall not discriminate in its members or shareholders.

(c)

The association or nonprofit corporation shall manage all common open space and recreation and cultural facilities which are not dedicated to the public, shall provide maintenance, administration and operation of said land and any other land not publicly or privately owned, and shall secure and show evidence of adequate liability insurance on the land.

(Ord. No. 2006-4 § 2, 3/21/06)

(A)

The following procedures, applications and exhibits shall be required when applying for rezoning to a planned unit development district:

(1)

Preapplication conference: Before submitting an application for rezoning to a planned unit development district, the applicant shall confer with the Director to determine the feasibility for the proposed plan and its relationship to the City's adopted local government Comprehensive Plan.

(2)

Professional service requirement: Any plan or exhibit as part of an application for a planned unit development shall certify that the services of two (2) or more of the following professionals were utilized in the design or planning process:

(a)

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

(b)

A landscape architect registered by the State of Florida;

(c)

An architect licensed by the State of Florida; or

(d)

A professional civil engineer registered by the State of Florida.

(3)

Application fees required: Fees shall be required at the time of submittal of an application for rezoning to a planned unit development district, in conformance with the Land Development Code fee schedule which is an appendix to this Code.

(4)

Review information required site development plan: All applications for re-zoning to a planned unit development district shall include the following information on the site development plan and supporting documents:

(a)

A recent aerial photograph with project boundaries clearly marked.

(b)

A recent boundary survey with north arrow and scale.

(c)

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

(d)

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

(e)

The names and addresses of all adjoining property owners within five hundred (500) feet of the proposed project boundaries.

(f)

The total area of the site in acres and square feet.

(g)

A map indicating the location, arrangement and dimensions of the following existing features within or immediately adjacent to the property: Vegetation, land uses, buildings, structures, utilities, drainage ways, easements, public street rights-of-way, railways, property lines and recorded plats, and docks, bulkheads and other water-related structures.

(h)

A statement as to how the proposed project conforms to the City's adopted Comprehensive Plan.

(i)

Plans showing the location, arrangement and dimensions of all proposed land uses, including the number of floors per building; the height of all buildings above finished grade; building setbacks from perimeter boundaries and from public rights-of-way; a proposed traffic circulation plan showing the location and dimensions of all streets, driveways, walkways, bikeways, parking spaces, and loading areas; and all proposed common elements including utilities, open spaces and recreation areas.

(j)

A plan illustrating the location and type of irrigation, landscaping and vegetative screening materials proposed or to be retained.

(k)

A plan or statement showing the manner of improving common spaces, together with provisions, restrictions and conditions anticipated for the use, maintenance, and operation of such common elements.

(l)

A statement, in tabular form, of the anticipated net residential density and overall project density, the total number of dwelling units by type, size and number of bedrooms, and gross floor area devoted to business or other nonresidential uses.

(m)

A statement as to the percentage of the developed site to be covered with buildings, sidewalks, parking areas, roofed structures, and other impervious surfaces; percentage of the site to be covered with water bodies; percentage of the site to be landscaped; and percentage of the site to be left in a natural or undisturbed condition.

(n)

Proposals for providing stormwater drainage and on-site retention areas, including rough calculations, approximate size of retention areas, methods of pollutant removal, location of berms, swales, culverts and sewers, anticipated finished grades, and proposed slopes and grades adjacent to bodies of water.

(o)

Proposals for connection with existing potable water supply and waste water collection systems.

(p)

A statement of the intended market, indicating probable use characteristics.

(q)

An architectural sketch or sketches of typical proposed structures including outdoor lighting and signs.

(r)

A statement, when applicable, as to the sequence of construction by phases, the approximate completion date for each phase, and the estimated cost of all common or dedicated improvements within each phase.

(s)

A statement of the manner in which all City and County concurrency requirements are met: See Article XIV for City requirements.

(5)

Planning and Zoning Board: After receiving a staff recommendation from the Director, the Planning and Zoning Board shall make a recommendation to the City Council within ninety (90) days of the first public hearing held by the board on an application for rezoning to a planned unit development district.

(6)

City Council:

(a)

Upon receiving the recommendation of the Planning and Zoning Board, 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 site development plan shall be certified by the City Clerk and said certified copy shall be filed as a permanent record.

(B)

Conformance to Approved Site Development Plan.

(1)

After rezoning to a planned unit development district, no permits shall be issued and no development shall commence unless in conformance with the approved site development plan, unless a change or deviation is approved.

(2)

The Director may approve minor changes and deviations from the approved site development plan which are in compliance with the provisions and intent of this article, and which do not depart from the principal concept of the approved site development plan.

(3)

Should the Director determine that a requested change or deviation from the approved site development plan does not comply with the provisions and intent of this article, or departs from the principles of the planned unit development, the applicant may appeal to the City Council for approval of such change or deviation.

(4)

Upon appeal for change or deviation from the approved plan, the City Council may take such action as they deem appropriate. This may include referring the requested change or deviation to the Planning and Zoning Board for study and recommendations, or requiring that a new development plan be filed.

(C)

Failure to Begin Planned Unit Development. If no construction has been initiated or no use established in the planned unit development within eighteen (18) months from time of rezoning, the approved site development plan and the planned unit development zoning shall lapse and be of no further effect. However, the applicant shall submit quarterly progress reports to the City Council and if the Council deems progress to be insufficient, the approval may be terminated any time after twelve (12) months.

(Ord. No. 2006-4 § 2, 3/21/06)