Miami-Dade Legislative Item
File Number: 112258
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File Number: 112258 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Board of County Commissioners
File Name: TRADITIONAL NEIGHBORHOOD DEVELOPMENT DISTRICT (TND) Introduced: 10/24/2011
Requester: NONE Cost: Final Action: 11/15/2011
Agenda Date: 11/15/2011 Agenda Item Number: 5A
Notes: Title: ORDINANCE RELATED TO ZONING AND PERTAINING TO TRADITIONAL NEIGHBORHOOD DEVELOPMENT DISTRICT (TND); AMENDING SECTIONS 33-284.47, 33-284.51 AND 33-284.53 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA PERTAINING TO DESIGN CRITERIA, LAND USE CATEGORIES, OWNERSHIP AND MAINTENANCE OF COMMON OPEN SPACE(S) AND CIVIC USE BUILDINGS, RESPECTIVELY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ZONING
Sponsors: Joe A. Martinez, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 11/15/2011 5A Withdrawn
REPORT: (SEE AGENDA ITEM 5A SUBSTITUTE; LEGISLATIVE FILE NO. 112402)

Board of County Commissioners 11/3/2011 Tentatively scheduled for a public hearing Board of County Commissioners 11/15/2011

Board of County Commissioners 11/3/2011 4D Adopted on first reading 11/15/2011 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the County Commission on November 15, 2011.

County Attorney 10/24/2011 Referred Infrastructure and Land Use Committee 12/14/2011

County Attorney 10/24/2011 Assigned Dennis A. Kerbel

Legislative Text


TITLE
ORDINANCE RELATED TO ZONING AND PERTAINING TO TRADITIONAL NEIGHBORHOOD DEVELOPMENT DISTRICT (TND); AMENDING SECTIONS 33-284.47, 33-284.51 AND 33-284.53 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA PERTAINING TO DESIGN CRITERIA, LAND USE CATEGORIES, OWNERSHIP AND MAINTENANCE OF COMMON OPEN SPACE(S) AND CIVIC USE BUILDINGS, RESPECTIVELY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-284.47 of the Code of Miami-Dade County is hereby amended as follows:1
Sec. 33-284.47. Design criteria.
* * *
>>(14a) Habitable space: building space whose use involves human presence and entertainment, excluding balconies and terraces.<<
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(21) Meeting hall: A building>>(s) or an area or room within a building located on a civic use lot,<< designed for public assembly [[, containing at least one (1) room having an area]] >>and<< equivalent >>in size<< to four (4) square feet per dwelling unit or twenty-four hundred (2,400) gross square feet, whichever is greater. The total number of dwelling units shall be established at the time of the TND approval.
* * *
>>(26a) Porte-cochere: A house use category feature consisting of a roofed structure attached to a building and erected over a driveway. It shall be open on three (3) sides and may have a part of the main or principal building over it.<<
* * *
Section 2. Section 33-284.51 of the Code of Miami-Dade County is hereby amended as follows:
Sec. 33-284.51. Land Use Categories.
* * *
(B) Civic use.
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(2) Land allocation.
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(c) The developer shall covenant to construct a >>minimum of one (1)<< meeting hall on a civic use lot[[, on or adjacent to the mandatory square]] upon the sale >>or lease<< of fifty (50) percent of the lots and/or units of the neighborhood proper.
(d) The developer shall designate a minimum of >>any<< one (1) >>of the following use lots or an area within a building placed on said use lots<< [[civic use lot reserved]] for a day care center>>: civic, shopfront or workshop.<< The developer shall covenant that a building for said use shall be constructed >>for a day care center or an area within a building constructed on said use lots be reserved for a day care center<< when building permits have been obtained for fifty (50) percent of the residential units. Day care centers shall be in accordance with the sections 33-122 through 33-132 of this Code. The developer shall have the option of selling, leasing or transferring title of the lot and building reserved for day care center.
* * *
(C) Shopfront use.
* * *
(1) Land use.
* * *
>>11a. Day care center.<<
* * *
>>29a. Police sub-stations.<<
* * *
(2) Land allocation..
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(d) A minimum of two (2) shopfront use lots [[shall]] >>may<< front on a mandatory square or be placed within two hundred (200) feet of a mandatory green.
* * *
(D) Rowhouse use.
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(2) Land allocation.
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(b) [[A maximum of five (5) r]]>>R<* * *
(3) Lots and buildings.
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(h) Buildings on rowhouse use lots shall cover no more than [[fifty (50)]] >>sixty (60)<< percent of the net lot area. Outbuildings shall not count towards lot coverage.
* * *
(j) Buildings on rowhouse use lots shall have a minimum first floor front elevation eighteen (18) inches above finished sidewalk grade >>, except that an apartment building(s), as defined in Section 33-1(6.1) of the Code of Miami-Dade County, in rowhouse use lots shall not be subject to the elevation requirement<<. Rear entrance(s) shall be accessible for people with disabilities by grading or ramping. Space shall be provided in the front yard area for the construction of a ramp.
* * *
(E) House use.
* * *
(2) Land allocation.
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(a) House use lots shall constitute a maximum of [[thirty]]>>fifty<< percent [[(30%)]] >>(50%)<< of the gross area of the neighborhood proper.
[[(b) A maximum of two (2) house use lots may be consolidated for the purpose of constructing a single residence.
(c) A maximum of fifty (50) percent of all house use lots may be consolidated.]]
* * *
(3) Lots and buildings.
* * *
(c) House use lots shall have a minimum width of thirty-six (36) feet and a [[maximum width of seventy-five (75)]] >>minimum lot size of three thousand six hundred (3,600) square<< feet with a minimum average lot size of five thousand (5000) square feet.
* * *
(g) Buildings on house use lots [[shall cover no more than forty (40%) percent of the building lot area]]>>shall be permitted the following maximum lot coverage:
i. On lots 5,000 square feet or greater: fifty percent (50%).
ii. On lots between 4,000 and 4,999 square feet: forty percent (40%).
iii. On lots between 3,600 and 3,999 square feet: thirty percent (30%).<<
Outbuildings and front porches shall not count against lot coverage.
* * *
(5) Parking.
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(b) All off-street parking places shall be to the side or the rear of the building. Where no alley access exists and vehicular access is through the frontage, garage>>s<< [[or carports]] shall be located a minimum of twenty (20) feet behind the front building setback. >>Porte-cocheres may be located at the front building setback line. Porte-cocheres without habitable space above may encroach into the front setback a maximum of eight (8) feet.<<
* * *
(F) Workshop use.
(1) Land Use.
* * *
>>12a. Day care centers.<<
* * *
(2) Land allocation.
(a) Workshop use lots shall constitute a minimum of three percent (3%) and a maximum of seven percent (7%) of the gross area of the neighborhood proper. >>When a TND borders land designated in the CDMP as agriculture or open land, the land allocation for workshop use lots may constitute only one and one-half (1.5%) of the gross area of the neighborhood proper.<<
* * *
Section 3. Section 33-284.53 of the Code of Miami-Dade County is hereby amended as follows:
Sec. 33-284.53. Ownership and maintenance of common open space(s) and civic use buildings.
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 TND will be owned and/or maintained >>under one or more of the following<< structures:
(A) Those projects developed under a condominium ownership shall be in accordance with applicable Florida law, or
(B) The common open space and civic uses shall be maintained under a special taxing improvement district >>or community development district<< as approved by the Board of County Commissioners, or
(C) The common open space and civic uses shall be owned [[by a]] >>and maintained as provided under the provisions of the<< property homeowners' association [[in which case the ownership shall be subject to covenants providing]] >>declaration, which shall, at a minimum, provide<< for the maintenance of >>all<< common facilities >>covered by the documents<< in a manner that assures [[its continuing]] >>their continued<< use for [[its]] >>their<< intended purpose>>s<< and provided >>further<< that [[a]] >>the property<< homeowners' association >>declaration<< shall comply with the following requirements:
(1) Approval for form and legal sufficiency as to compliance with the ordinance by the Miami-Dade County Attorney's Office.
(2) A homeowners' association shall be established before the units or individual building lots are sold.
(3) 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.
(4) 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.
* * *
Section 4. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.


Section 5. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 6. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.




1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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