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HomeMy WebLinkAboutSubmittal-Truly Burtonr. 02/17/10 SOtJrH 1 BUILDING WITH PR DE www.basfonline.org SPECIFIC AMENDMENT RECOMMENDATIONS UBMI -'ED INTO THE UBLIC RECORD FOR ITEMsRi_ OJ 0 Non -conforming uses and structures 1. 7.2.2 Structures and Uses in the Event of a Disaster As written, non -conforming single family residences, duplexes and multi -family structures are permitted to rebuild in the event of a disaster to the same extent as they -previously existed. No other non -conforming structures, however, can be replaced or reconstructed absent approval by waiver by the Zoning Administrator. Since virtually every structure in Miami will be non -conforming as a result of Miami 21, every activity housed in a non-residential building will be on hiatus until the Zoning Administrator decides which businesses get to rebuild and which ones do not. Further, there are no objective standards by which a waiver can be granted, making the process fraught with even more uncertainty. Then, anyone who is turned down for a waiver by the Zoning Administrator, can pursue further administrative and judicial appeals. Victims of natural disasters are already battered and should not be subjected to an unnecessarily punitive bureaucratic process Because of this uncertainty and likely delays in getting this waiver, the provision has several negative implications: 1) places future long-term financing in doubt for any business wishing to rebuild in the City; 2) this built-in chilling effect on credit and financing — similar to the current Great Recession we are experiencing now - will permanently hamper the City's ability to attract and retain small and medium sized businesses and the employment they bring; and 3) this has negative implications for the city's tax base and ability to generate much -needed revenue to run the City. Suggested change: Ali structures should be treated the same as set forth in Subsection 7.2.2(a) and the remaining subsections 7.2.2(b) and 7.2.2(c) should be deleted. (See separate sheet for proposed changes) 2. 7.2.6 Non -conforming Uses Miami 21 provides for amortization and discontinuance of all nonconforming uses 20 years after its effective date, subject to discretionary extensions granted by the city commission. Legal authorities recognize that for an amortization provision to be legally sufficient, it should afford the owner sufficient time to recoup his or her investment. One time frame does not fit all uses. It is well understood, for example, that many mortgages and many leases exceed 20 years. The arbitrary 20 year termination date will likely conflict with and impair existing contract rights. Suggested change: Amend Subsection 7.2.6(a) to extend the time frame to 40 years. This is partially based on the Florida Building Code's 40-year building recertification requirement. Further, the better change would be to treat all nonconforming uses as legal and allow them to continue as stated in 7.2.1(a). If deemed necessary, amortization of non- conforming uses could be dealt with in the future on a case -by -case basis by separate ordinance, to ensure that a 50 story office building is not treated in the same way as a backyard tool shed. (See separate sheet for proposed changes) Time extensions 3. Currendy, Miami 21 allows for only one 12 month -extension of the permits listed below. Given how long building permit approvals usually take to obtain, provide for two additional extensions for a period not to exceed 12 months each, for a total of two years for the following: 1. Class 2 permits; 2. Special Exceptions; and 3. Variances b. Further, any of the three above -referenced permits should be eligible for extension beyond the time - frames above, including MUSPs, after public hearing, at the proposed Planning, Zoning and Appeals Board, appealable to the City Commission. to.: coos Su bill; ft./ Suggested Changes: At section 7.1.3.5(d)(4)(a) and (b) revise the time frames based on suggested time -frames. (See attached sheet for proposed modification. ) Green Building Issues 4. Amend Miami 21 to include two additional green building standards as equivalent options for builders with incentives for their use. These two additional codes have become recognized at the state or national levels as comparable, third -party certified standards and should be included in Miami 21 as equal alternates to LEED standards. They are: a. Florida Green Building Coalition (FGBC); and b. National Association of Home Builders' (NAHB) Green building Standard. Suggested Changes: In Article 1, amend Definitions section to include Florida Green Building Coalition and the National Association of Home Builders (NAHB) Green building standard At section 3.13.1 (b), Page 111.23, first sentence, insert Florida Green Building coalition (FGBC) or the National Association of Home Builders' (NAHB) Green Building Standard into current code. (see separate sheet for all proposed changes) At Section 3.14.4 (d), (page 111.26) insert FGBC and NAHB and at Page III. 27 in "Note" at top of page, include FGBC and NAHB. 5. Amend Miami 21 to eliminate green building bond — the current bond is now set at up to 4% of construction cost. This fee — a penalty in effect — is levied against the project if the building does not achieve a Silver T D certification. As many are aware, LEED certification is only confirmed after the building is entirely finished. While a builder may have made good faith efforts throughout the development and construction of the building, for reasons beyond the builder's control, the project may not ultimately attain LEED certification. Further, the funds are not re -focused toward helping the building achieve its required certification, or to help further any other greening efforts in the city (i.e. planting more trees near the project site, or other neighborhood improvements within a short distance from the project site). Rather than a punitive approach to certification, a builder should be assisted in attaining the certification originally set out in the project plans and specifications. Suggested Changes: at Section 3.13.1 (b), Page 111.23, delete second sentence and subsections (1) through (3) and following un-numbered paragraph; and at Section 3.14.4(d), Page 111.27 first full paragraph, delete paragraph relating to performance bond. (see separate sheet) Green Building Incentives 6. Rather than taking a punitive approach, such as bond above, adopt incentive provisions for building green similar to the ones below: (taken from city of Hollywood's draft ordinance and the City of Homestead's adopted ordinance) a. Provide expedited department review and permit to 50% of standard review times including re -submittal review until approvals and permits are granted. b. Calculate water and sewer impact fees based upon reduced water and sewer volumes as compared to city standard calculations. Volumes to be monitored for one year prior to reduction granted. Impact fees to be held in escrow until USGBC, FGBC, NAHB or equivalent certification is obtained. c, Waive building permit fees for additional costs to meet higher standard to a maximum amount of 5 °/o of construction costs (5 % of total building permit fees). Suggested changes: insert sub -paragraphs (a) — (c) above at Section 3.13.1 as new sub -paragraph (d) or in other appropriate location in code. Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk GENERAL COMMENTS AND RECOMMENDATIONS 7. Translate previous code's vocabulary to Miami 21's language to ensure standardized code vocabulary and interpretation across all development a. Vocabulary in new code is completely different than in previous code. Until Miami 21's new language is translated into an agreed -upon, more familiar vocabulary, the new concepts and nomenclature in Miami 21 will be difficult to both understand and apply. b. An agreed -upon set of common terms must be prepared which clearly states the code's new zoning requirements to make the code easily understood and applied by residents, applicants, professionals, and code administrators. Without a common language, members are concerned that near -constant — and differing code interpretations would result. c. Determine cost of translating and re -printing all City building permit documents, zoning and planning hearing notices, and all other development -approval related materials to the new Miami 21 vocabuLary. A budget for this task should be part of the translation work that will be needed to ensure a smooth transition from 11000 to Miami 21. Recommendation — BASF's volunteer members stand ready to participate in a task force or in workshop sessions with the City to translate the current process and language and correlate them to Miami 21's new language, zoning districts, procedures etc.. Our members are eager to assist in making sure the new code is made much easier to understand and to use for residents, organizations, and land use professionals. 8. City Administration must be prepared to resolve code conflicts quickly o avoid unintended consequences. From our members' experience, they could include: a. Conflicts between Public Works, Fire Rescue and Sanitation departments' roadway requirements and new urban design requirements, which typically require narrow streets. b. Harmonize conflicts between new building design requirements and existing development requirements, inducting streetscapes, setbacks, etc. 9. Transitional Parking Use and renewal requirement — this provision requires the renewal of an exception to continue to use adjacent residential lots for business parking, 60 days before the renewal of a certificate of use. Property owners could be caught unaware of this provision unless they are notified about this code provision. The process for retaining existing parking areas in residential zones needs to be streamlined to avoid confusion and a lengthy process to retain parking spaces a business is using currently. 10. Adopt Miami World Center requirements for all property zoned T-6 or higher in Brickell, Omni and Downtown Business Districts — this will aggregate true Miami 21 urban design concepts exclusively to the more intense zoning classifications within the city, while protecting the residential character of neighborhoods. This set of requirements would promote truly creative development where Miami 21 wants them: in more intense zoning categories. While enhancing commercial development opportunities, it protects the residential areas of the city from business activity, which requirements are wholly inappropriate for residential neighborhoods. As mentioned in General Comment No 1 above, BASF members stand ready to assist in helping resolve these and other unintended consequences which may arise out of the adoption of Miami 21 in the future. They appreciate the opportunity to present their concerns. Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk Non an faamin3 uses sortructwws MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED — OCTOBER 2009 es and Uses in the Event of Disaster In the event of a natural disaster, explosion, fire, act of God, or the public enemy, the Zoning Administrator may permit the reconstruction of any nonconforming -Single= structures- to the same or decreased nonconformity as existed immediately prior to the disaster, upon proof satisfactory to the Zoning Administrator of the configuration of the prior 8inglc -eltiplex-er-Fmcilti-fmily- structures., and only in compliance with the Florida Building Code. An application for reconstruction of the shall be filed within twelve (12) months of the event of its destruction, unless the City Commission authorizes the Zoning Administrator to extend the twelve (12) month time period city-wide. Where a nonconforming Structure is destroyed by natural disaster, explosion fire, act of God, or the public enemy, the Zoning Administrator may, dy aiver, allow the replacement or reconstruction of the nonconfo ing Strb u e in whole or in part upon finding that the Waiver criteria oft, Code andt criteria of paragraph 2 below are met. 2. Criteria fo following findi proval. Replacement or reconstruction may s are made. b permitted if the (a) The cause of de ruction was not the deliberate tion of the owner of the Structure or his agents. (b) The replacement or rec struction is r conforming Use of the Structur sonably necessary to allow the (c) The replacement or reconstructi meets the Florida Building Code. 3. An Application for the recons twelve (12) months fro Commission authorizes month time period c' c. Nonconforming Us 1. The rest° natura app ction or re the date of t e Zoning Administra ide. shall be filed within a period of destruction unless the City to extend the twelve (12) ion of a nonconforming Use within a Structure tha isaster, explosion, fire, act of God, or the public en ved by Warrant. The Use must be restored in a conforming ucture approved by Waiver, and of equal or lesser size and on th ot. Th-a r I -r nd that the trite destroyed by y, may be ucture or same Submitted into the public VII.52 record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED — OCTOBER 2009 7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; AND SITE IMPROVEMENTS 7.2.1 Generally a. Definition A nonconformity as used in this Code is an existing Use, Structure, Lot or site improvement that is in compliance with the zoning regulations that were applicable to it when it was established, and for which all required permits were issued, but which does not conform in whole or in part to the regulations of this Code. Such nonconformity is legal and may continue except as regulated by this section. 1. A nonconformity may also be created where the lawful use of eminent domain or an order of a court of competent jurisdiction has affected the lawfully existing Use, Structure, Lot or site improvement in a way so that the property does not comply with this Code. In this instance, the nonconformity is legal and may continue except as regulated by this section. 2. A change in tenancy, ownership, or management of a nonconforming Use, Structure, Lot or site improvement shall not be construed to create a nonconformity, provided the change is otherwise lawful and in compliance with this Code. b. Intent concerning nonconformities generally. It is the intent of this Code that nonconformities may continue but are not encouraged to expand or enlarge, and once they cease they may not be re- established, except under the terms of Section 7.2. c. The existence of nonconformity shall not be used as a reason to add new Uses, Structures, or site improvements that are not allowed by the regulations of the Transect Zone in which it is located. d. The temporary or illegal Use of property shall not be sufficient to establish the existence of a nonconformity or to create rights in the continuation of a nonconformity until it shall come into compliance with the regulations of this Code. e. If at any time a nonconforming Structure, or any Structure containing a nonconforming Use, becomes unsafe or unlawful by declaration of the City of Miami, Miami -Dade County Unsafe Structures Board, or other government agency having jurisdiction, the Structure shall not thereafter be restored or repaired and the Use shall not be reestablished except in conformity with the regulations of the Transect Zone in which it is located. VII.51 Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - OCTOBER 2009 b. Generally Nonconforming locally designated historic resources shall be subject to the regulations of this section, except as they may be granted certain waivers or an exception for preservation purposes by the Historic and Environmental Preservation Board pursuant to Chapter 23 of the City Code. 7.2.6 Nonconforming Uses a. Time Limitation (40 —a-3f 4-Les f Where, at the effective date of adoption or amendment of this Code, a lawful Use exists which would not be permitted under this Code, the Use may be continued for twenty-(20)years consistent with this section. Upon application, the City Commission may grant by Exception an extension for continuance of the Use for an additional term of up to-tweRt1-(24)-years. However, accessory parking abutting T3-R areas that was approved as transitional Uses under prior zoning codes and were legally nonconforming prior to the adoption of this Code will not have a continued automatic extension as provided in this section, but shall instead seek an Exception before the City Commission within sixty (60) days of renewal of a Certificate of Use. b. Legally established alcoholic beverage establishments, having a valid Certificate of Use or certificate of occupancy and all other required permits, may continue in existence despite subsequent establishment of a church or school within the distance limitations of Chapter 4 entitled "Alcoholic Beverages" of the City Code. c. Replacement and Expansion of Structures that Contain Nonconforming Use 1. No enlargement, extension, replacement, or reconstruction of an existing Structure which contains a nonconforming Use shall be permitted except to change the Use to a conforming Use, except as provided below: (a) Interior Arrangement A nonconforming Use may be extended throughout any parts of a Structure which was clearly designed or arranged for the nonconforming Use at the time that the Use became nonconforming. If a portion of a Structure was unoccupied or not manifestly designed for the nonconforming Use, the Use may not be expanded within the Structure. (b) Alterations to the extent of less than fifty percent (50%) of the square footage of a Structure containing a nonconforming Use Where an alteration of a Structure containing a nonconforming Use is less than fifty percent (50%) of the square footage of the Structure at the time of VII.55 Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED — OCTOBER 2009 alteration, the nonconforming Use may be permitted to continue pursuant to an Exception. (c) Exterior No nonconforming Use which exists outside a Structure shall be extended to occupy more area than was occupied at the time the Use became nonconforming, except as approved by Exception and to comply with the non Use regulations of the Transect in which it is located. In this case, the occupancy of the new location shall be construed as remaining a nonconforming Use. 2. Extending / Transferring the Nonconforming Use No nonconforming Use shall be extended to occupy any other Structure on the same Lot or parcel if the other Structure was not used for the nonconforming Use at the time the Use became nonconforming. 3. Subdivision or structural additions Structures used for nonconforming Uses shall not be subdivided, nor shall any Structures be added on the premises, except for conforming Uses and Structures. d. Discontinuance or Abandonment of a nonconforming Use If, for a period of more than six (6) months, a nonconforming Use is documented as being discontinued or a Certificate of Use for a nonconforming Use lapses, any subsequent Use shall conform to the regulations of this Code. Provided, however, the time period shall not include any time during which the discontinuance is caused by governmental action which impedes access to the premises. Submitted into the public VI1.56 record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk Non faf hAi PS 0 Se S 5tiftiC MIAMI 21 AS ADOPTED - OCTOBER 2009 ARTICLE 7. PROCEDURES AND NONCONFORMITIES tructures and Uses in the Event of Disaster Q-• In the event of a natural disaster, explosion, fire, act of God, or the public enemy, the Zoning Administrator may permit the reconstruction of any nonconforming -3ingle- Fumflv Rooidonoe. duplex -or multi family to the same or decreased nonconformity as existed immediately prior to the disaster, upon proof satisfactory to the Zoning Administrator of the configuration of the prior 8iffejle-Femily-Fie34e1 , duptox or multi family structures) and only in compliance with the Florida Building Code. An application for reconstruction of the shall be filed within twelve (12) months of the event of its destruction, unless the City Commission authorizes the Zoning Administrator to extend the twelve (12) month time period city-wide. All Other Ctructuroc Where a nonconforming Structure is destroyed by natural disaster, explosion fire, act of God, or the public enemy, the Zoning Administrator may, y aiver, allow the replacement or reconstruction of the nonconfo ing Str turein whole or in part upon finding that the Waiver criteria oft. Code and t criteria of paragraph 2 below are met. 2. Criteria for proval. Replacement or reconstruction may b permitted if the following findi s are made. (a) The cause of de ruction was not the deliberate ion of the owner of the Structure or his agents. (b) The replacement or rec s ruction is rsonabIy necessary to allow the conforming Use of the Structu (c) The replacement or reconstrucmeets the Florida Building Code. 3. An Application for the recons ction or re twelve (12) months fro the date of Commission authorizes e Zoning Adminis ra month time period c' ide. c. Nonconforming Us shall be filed within a period of destruction unless the City to extend the twelve (12) 1. The restor.. ton of a nonconforming Use within a Structure tha destroyed by natura isaster, explosion, fire, act of God, or the public en y, may be app ved by Warrant. The Use must be restored in a conforming ucture or ucture approved by Waiver, and of equal or lesser size and on tisame ot. The approval shall further find that the criteri VII.52 : Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk MIAM|21 ARTICLE 7.PROCEDURES AND NONCONFORM[TIGS^ 7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; AND SITE IMPROVEMENTS 7.2.1 Generally a. Definition A nonconformity as used in this Code is an existing Use, Structure, Lot orsite improvement that is in oomno|ionma with the zoning regulations that were applicable to K when it was emtab|ished, and for which all required permits were |asued, but which does not conform in whole or in part to the regulations of this Code. Such nonconformity is legal and may continue except as regulated by this section. 1. A nonconformity may also be created whore the |evvfu| use of eminent domain or on order of m court of competent jurisdiction has affected the lawfully existing Use, Structure, Lot or site improvement in o Vvoy so that the property does not comply with this Code. |nthis instance, the nonconformity islegal and may continue except oaregulated bythis section. 2. 8 change in teDnncy, ownership, or nnonogenlmnt of nonconforming Use, Structure, Lot or site improvement shall not be construed to create a nonconformity, provided the change is otherwise lawful and in compliance with this Code. b. Intent concerning nonconformities generally. It is the intent ofthis Code that nonconformities may continue but are not encouraged to expand or enlarge, and once they cease they may not be reestablished, except under the terms of Section 7.2. - c. The existence ofnonconformity shall not be used as o nameon to add new Uses, Structures, or site improvements that are not allowed by the regulations of the Transect Zone in which it is located. d. The temporary orillegal Use of property shall not be sufficient to establish the existence of a nonconformity or to create rights in the continuation of a nonconformity until it ohmU come into compliance with the regulations of this Code. e. If at any time o nonconforming StrucUums, or any Structure containing a nonconforming Use, bmnonnem unsafe or unlawful by declaration of the City of K8iomni' Miami -Dade County UnooMy Structures Boand, or other government agency having jurisdiction, the Structure shall not thereafter be restored or repaired and the Use shall not be reestablished except in conformity with the regulations ofthe Tuanmgc1Zone inwhich itislocated. '»Ni51 Submitted into the public record inconnection with item SPA on 06'02'10 Priscilla A.Thompson ' MIAMI 21 ARTICLE T.PROCEDURES AND NONCONFORMITIES b. Generally Nonconforming kooa|k/ designated historic resources ohoU be subject to the regulations of this saoUon, except as they may be granted certain m/eiveoa or on exception for preservation purposes bvthe Historic and Environmental Preservation Board pursuant toChapter 23ofthe City Code. 7.2.6 Nonconforming Uses a. Time Limitation VVhere, at the effective date of adoption or amendment of this Code' a lawful Use exists which would not be permitted under this Code. the Use may be continued for twenty (2G)-years consistent with this section. Upon application, the City Commission may grant bx Exceptionanextension for continuance ofthe Use for anadditional term ofupto years. However, acnooaoq/ parking abutting T3'R areas that was approved as transitional Uses under prior zoning codes and were legally nonconforming prior to the adoption of this Code will not have a continued automatic extension as provided in this oec1ion, but aho|| instead seek an Exception before the City Commission within sixty (00) days of renewal of a Certificate of Use. b,bmally established alcoholic beverage establishments, having a valid Certificate of Use or certificate of occupancy and all other required pernlito, may continue in existence despite subsequent eo1mb|iahnnont of a church or school within the distance limitations of Chapter 4 entitled "Alcoholic Beverages" of the City Code. c. Replacement and Expansion of Structures that Contain Nonconforming Use 1. No enlargement, extena|on, n*p|eoennent, or reconstruction of an onjmUnQ Structure which contains a nonconforming Use shall be permitted except to change the Use to a conforming Use, except as provided below: (a) Interior Arrangement A nonconforming Use may be extended throughout any parts of Structure which was clearly designed or arranged for the nonconforming Use at the time that the Use became nonconforming. If portion of Structure was unoccupied or not manifestly designed for the nonconforming Use, the Use may not beexpanded within the Structure. dd Alterations to the extent of less than fifty percent (50%) of the mquens footage of a Structure containing a nonconforming Use Where on alteration of Structure containing a nonconforming Use is less than fifty percent (50%) of the square footage of the Structure at the time of - | Submitted into the public V11,55 record inconnection with � item SPA _mn 06'02-10 Priscilla A.Thompson City Clerk / MIAM|21 AS ADOPTED —OCTOBER 2009 ARTICLE 7.PROCEDURES AND NONCONFORM[[HES''' oNarobon. the- nonconforming Use may be permitted to continue pursuant to an Exception. (c) Exterior Nononconforming Use which exists outside a Structure shall beextended to occupy more area than was occupied at the time the Use became nonconfonn)n0, except as approved by Exception and to comply with the non Use regulations of the Tnanoect in which it is located. In this oaae, the occupancy of the new location shall be construed as remaining a nonconforming Use. 2. Extending / Transferring the Nonconforming Use No nonconforming Use ahoU be extended to occupy any other Structure on the same Lot or parcel if the other Structure was not used for the nonconforming Use a1the time the Use became nonconforming. 3. Subdivision or structural additions Structures used for nonconforming Uses shall not besubdivided, nor shall any Structures be added on the pnenniseo, axuaot for conforming Uses and Structures. d. Discontinuance orAbandonment ofanonconforming Use if, for period ofmore than six 8B mnnths, o nonconforming Use is documented as being discontinued or a Certificate of Use for nonconforming Use |apoeo, any subsequent Use shall conform to the regulations of this Code. Provided, hoxvaver, the time period shall not include any time during which the discontinuance is caused bygovernmental action which impedes access 10the premises. Submitted into the public t01.56 record inconnection with item SP.1 on 06-02'10 Priscilla A'Thompson ���' °���fS � �� 0 now '_ �.—n��� n ' MIAM|21 ARTICLE 7.PROCEDURES ANQNONCONFQRMITES AS ADOPTED _______ 2009 ��' m�� rid nwo 3 3. Any Waivers which may berequired for the proposed project. 4. Information regarding the plan process and information that the Zoning Administrator orDirector deem pertinent hothe application. 5. Any other matters that are deemed pertinent tothe application. G. Estimate offees, o. Upon oonnpksUon of the pre -application mmaUng, the applicant ifrequired shall submit an application for preliminary plan approval with the Planning Department or Zoning Offioe, as app|icob/e, on forms provided by the City. The Planning Department or Zoning Office as applicable oho|| initiate review of the preliminary plan epp|/oodon and determine that the preliminary plan application is complete. d. Materials toba submitted with the application shall include nnmpo, p|ans, nunmym, studies and reports that may reasonably be required to make the necessary determinations called for in the particular cama, in sufficient copies for naharrm|o and nocordn, including those materials listed in section 7.1.3.3, and may include other materials as deemed necessary by the Planning Director or Zoning Administna&or, as applicable. e. Apreliminary plan application shall bedeemed complete at the time: 1. It iaono form approved bvthe city, and all opp|k:ob|e information is provided by the applicant an the form, or attachment(s), as necessary, at the time of its filing and; 2. Ithas been reviewed and signed bvthe appropriate official and; 3. All required fees are paid. t The Planning Department or Zoning Office ohoU review the submitted application pursuant to the standards of this Code. If further review is necessary by the P|anning. Zoning and Appeals Board or the City Commission, the Planning Director shall prepare recommendations and nedih/ the application and recommendations to be filed with the Office of Hearing Boards. The applicant is responsible for filing the application for o heoring, along with the Planning Directors certification, with the Office ofHearing Boards. 7'1'3'5 Modifications to Applications Requiring Public Hearing o. Modifications buapplications after processing begins. An applicant may modify on application filed with the Offima of Hearing Boards ,after processing begins and prior tothe public hearing iYthe modifications are not substantial. Otherwise, a new application must be made and fee paid. Whether a proposed modification is substantial shall be determined by the Zoning V11.41 Submitted into the public record lnconnection with | item SPA mn 06-02'10 Priscilla A. Thompson MIAdN|2l ARTICLE 7.PROCEDURES AND NONCONFORMDlE8 Administrator, according to whether the requested modification requires o Variance or Exception. b. Modifications subsequent tonotice ofhearing. 1. After notice has been given of public hearing before the PlanninQ. Zoning and Appeals Board, or City Commisoion, as the case may be, no change shall be mode in the original application which would have the effect of creating substantial differences between the matter advertised and the matter upon which the hearing is actually held. 2. Upon completion of the public hearing by the Planning, Zoniand Appeals Board. or City Comnnisaion, aathe case may be, noproposed amendment nho|/ be recommended or adopted which is substantially different from the proposal for whichthepublic hearing was held. c. Modifications to a plan approved under this Miami 21 Code. Minor modifications may be made toa plan approved by Warrant, Variance or Exception under the Miami 21 Code upon the applicant's submission of letter explaining the need for oorractionn, payment of the fee established by the adopted fee aohedu|e, and written approval of the Planning Director. Minor modifications include: 1. Those changes that meet Transact regulations and do not change the, manner of operation of the approved site; or 2. Those changes that can be approved by Waiver; or O.Changes inthe project phasing. At the time of its approval, the entire project shall be owned by a aklO|e entity or its aubaidiahes, and shall occupy contiguous lands, separated only by streets or alleys; or 4. An increase in height not exceeding five (5) feet or 6% of the approved height; or 5. Movement of the footprint of the building not more than ten M0feet in any horizontal direction, All applications for minor modifications to an approved plan shall be reviewed in light oftheir cumulative effect on the original approved p|an, taking into account building disposition, configuration, function, and other Code standards. The minor modification shall nnem{ the criteria of Table 12. Except for rninm, nlodifimabono, the plan may be amended only pursuant to the procedures and standards established for its original approval. d. Modifications to special permits and Variances approved under a previous code. / V11.42 Submitted into the public record in connection with item SPA mn 06'02'10 . Priscilla A.Thompson - CitwC|wrk ^ ARTICLE 7.PROCEDURES ANONQNC00F{JRMIT|ES 1. An applicant may modify e special permit approved under previous zoning code, as a minor modification through the Warrant process. The components being modified after modification shall beincompliance with this Code, even though the remainder of the approved development plan is not in full compliance. with this Code, and shall not increase previously approved overall Development Capacity. 2. The special permit may be amended with modifications that the Planning Director determines not to be mninor, and variances may be modified according to the following procedures: o. []ano | Special Penndo ohoU be amended pursuant to Chapter 82 of the City Code. b. Class || Special PennitoshaUbeanoandodaoeVVarrant. n. Special Exceptions and Major UeeSpecia|PermhsmhmUbeomondodmm an Exception d. Variances may bemodified ooeVariance. 3` |nall Special Pernitcaoea.theCitvohoUn*oognizeany rightsho develop that may be vested under legal princIples of equitable estoppel, and may allow changes to m previously approved phased Special Permit that has begun ' construction (other than under a demolition or landscape permit), applying the standards of the previous code for all phases. Where those changes to an approved phased Special Permit to the greatest extent possible conform to the standards of this Cpde, the review shall be conducted by Warrant; otherwise the review ofthe changes shall boconducted eaonException. The owner ofproperty which has a previously approved phoned Special Permit nonetheless may choose tosubmit enew application for approval pursuant tP . the K8iamni21 code. | 4. The expiration date for any Class U Special Permit, Major Use Special Permit or Variance approved under the Zoning Ordinance 11000 in ofhaot immediately prior to the date of adoption of this Miami 21 [}ode may, upon application to the Director by the owner, be extended from its existing expiration date amfollows: a. C|oao U Special Pamnda. Special na and Variances shall be permitted nonnbnethan ­&no.(1)time o period not to exceed twelve (42) months. -rot) Major Use Special Permits shall be permitted nomore than three CBbnlm extensions for each time extension period not to exceed twenty-four (24) ....^�. . 5. Nothing in this Code shall divest o previously approved Development of | ��0iona| Impact from any development rights obtained as n result of its ~U' approva|under aChapter 38O.F�ddoSta�tea. �� �� i- � ) ` `�~�� � ���T����L���� '- ,e- \ _ ���]���y��, \ [�{L-L�4cc�/ /|� IUSR ' L� ��� ree MIAMI 21 AS ADOPTED - OCTOBER 2009 ARTICLE 1. DEFINITIONS kftentintaAt 5 4 Inn: See Section 1.1, Lodging Use. Inside Turning Radius: The curved edge of a Thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. Intensity: The magnitude of development measured by Floor Lot Ratio permitted in the Restricted, Limited and Open categories of a Transect Zone. Jail / Detention Facilities: A Building designated by law or regularly used for the confinement of persons held in lawful custody. See Section 1.1 (Civil Support, Major Facility). Large Scale Retail: A retail or wholesale business occupying more than 55,000 square feet of Floor Area with a regional market area, including but not limited to retail or wholesale sales, membership warehouse clubs, discount stores and department stores. See Article 6. Laundry / Dry Cleaning Plant: An establishment providing washing, dry cleaning, dyeing, pressing, or special similar services, not open to or for the direct use of the general public. See Section 1.1 (industrial, Products and Services). Layer: A range of depth of a Lot within which certain elements are permitted as regulated in this Code. See Article 4, Table 8, Diagram D. Layer, First: The area of a Lot comprised of the distance between the Base Building Line and the required Setback including the Private Frontage, Layer, Second: That portion of the Lot behind the First Layer which includes that portion of the Building which Enfronts the Thoroughfare. Layer, Third: That portion of the Lot that is not within the First and Second Layer and is least visible from the Thoroughfare. Learning Center: See Section 1.1, Educational Use. LEED: Leadership in Energy and Environmental Design) Light Court: See Article 4, Table 6. NJ C •.) t-r-e Liner A Building or part of a Building with Habitable Space specifically designed to enfront public space, masking a function without capacity to monitor public space, such as a parking lot, Parking Garage or storage facility. Live -Work: See Section 1.1, Residential Uses Loading Space: An area in which goods and products are moved on and off a vehicle, including the stall or berth and the apron or maneuvering room incidental thereto. Lodging Use: See Section 1.1 r Submitted into the public 1.20 record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk M0&MU21 AS ADOPTED 'OCTDBER 2009 M-/ Environmental Design approved by the City. performance bond inoform acceptable to theCi ARTICLE 3.GENERAL TO ZONES equivalent s nfMia anclards adopted or The amount of the required performance bond shall be calculated as f 1. Two percent (2%)ofthe total cost ofconstruction for m5 foot Building. 2. Three percent (3%) of the total cost o square foot Building. 3. Four percent (4%) of the total cos 200,000 square feet. a: construction for any Building greater than The performance bond '^|bmforfeited to the City inthe event that the Building does not meet the , icoUon requirements for LEEO Silver certification. The City will draw down * - he bond funds if LEED Silver certification has not been achieved and ocuept~^� �^y the City within one year of the City issuance of the Certificate of Oonup.' y for the Building. Funds that become available to the City from the re of the performance bond shall be placed in the Miami 21 Public Benefits � c `|ne pnaean/abon of Natural Features of land such as tmyma. vegetadion. geological, and other characteristics and the preservation of features of archaeological significance are declared to be in the public interest. Said preservation may junUh/ the relaxation of Setbacks or naqu|uad Off-street Parking by Waiver. The Zoning Administrator shall determine that the treeo, vegetation, geological and other natural ohansoteristio, or archaeological features are in the Buildable Area of the Site and not in Setback areas required for the development of the site. /A`v S�� ' � � k���1� 3.14 PUBLIC BENEFITS PROGRAM The intent of the Public Benefits Program established in this section is to allow bonus Building Height and FLR in T0 Zones and bonus Building Height in O1 Zones in exchange for the developer's contribution to specified programs that provide benefits b» the public. 3.14.1 The bonus Height and FLR shall be permitted if the proposed Development contributes toward the specified public benefits, above that which is otherwise required by this Code, in the amount and in the manner as set forth herein. The bonus shall not baavailable ho properties in a TOZone if the property abuts a T3 Zone or in a T6-8 Zone if the property abuts a CS Zone. 1. T8-8: eight Story nlaxnnunl bonus to twelve (12) 8bnham. FLR 5; bonus of twenty-five percent (25%) 2. T0- 2: twelve (12) Story maximum, bonus totwenty C20\8tork»a. FLR 8, bonus of thirty percent (30%) ' Submitted into the public, 111.23 record |nconnection with | item SPA �mn 06'02'10 | Priscilla A. Thompson __ � �moutae,.� (,kJ ) 821) City ClIerk / —~ 2/17/10 BULthEHIS ASSod1ATION OF SOUTH FLORIDA BUILDING WITH PRIDE www.basfonline.org Amendment 6 At Section 3.13.1, insert new sub -paragraph (d)(1) - (3) at Page 111.23: 1. Provide expedited department review and permit to 50% of standard review times including re -submittal review until approvals and permits are granted. 2. Calculate water and sewer impact fees based upon reduced water and sewer volumes as compared to city standard calc-ulations. Volumes to be monitored for one year prior to reduction granted. Impact fees to be held in escrow until USGBC FGBC NAHB or equivalent certification are obtained. 3. Waive building permit fees for additional costs to meet higher standard to a maximum amount of 5% of construction costs (5% of total building permit fees). Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson _City Clerk MUA88U21 ARTICLE 3.GENERAL TO ZONES between 10 (ten) to 15 (fifteen) percent cfmarket area's weighted average sales price per square foot. The nooh contributions ahoU be adjusted on on annual basis to reflect market conditions effective October 1 " of every year. b. Public Parks and Open Space. The development project inoTGrone may provide any of the following or combination thereof: 1. Public Pork or Open Space provided through purchase and in on area of need identified bvthe City Parks and Open Space Master Plan and the City'm Parks Department. For each mquona foot of dedicated public Park or Open Space providmd, the development shall be allowed two times the development Floor Area of provided land up1othe bonus Height and FLR as described in Section 3.14.1. The Open Space may be e Ponk. Green or 8quams, as more fully described in Article 4. Table 7 of this Coda. 2. Public Open Space provided on -site in a location and of a design to be approved by the Planning Director,'For each square foot of dedicated public Park or Open Space pnovided, the development shall be oUmwad an equivalent amount of development Floor Area up to the bonus Height and FLR as described in Section 3.14.1. The project oho|| maintain the Frontage requirements of the Transact Zone. The Open Space may be a Coudyand. Plaza, or Thoroughfare or Pedestrian Passage through the site connecting two (2)Thonoughfonao. such as o segment of the Baywa|kor FEC Greenway. See Article 4. Table 7. 3.Trust Fund contribution. For a cash contribution to the Miami 21Public Benefits Trust Fund, the development project shall be allowed additional Floor Area up to the bonus Height and FLR described in Section 3.14.1. The 000h contribution shall be determined based on o percentage of the market xm|uo of the per square foot price being charged for units sdprojects vxithin the market area vvhena the proposed project seeking the bonus is located. The calculation assumes land value per wo|oob|e or rentable square foot within market area to equate to between 1U(ten) to15(fifteen)percent ofmarket area's weighted average sales prima per square hoot. The cash contributions shall be adjusted on an annual basis toreflect market conditions effective October 1mofevery year. c. Historic Preservation. Bonus Floor Area to the maximum bonus Height and FLR as described in SmodPn 3.14.1 shall be allowed for additional square footage qualified under the city Transfer of Development Rights program established in Chapter �3, City Code. c cx-- N d. Green Building. /n e TO zone, additional Height aP FLR shall be allowed for Buildings certified bvthe U.8.Green Building Counci fVUovve: 1. Silver: For Buildings under 5O.00Duf, 2.Og6ofthe floor lot ratio (FLR) 2. Gold: 4.0Y6 ofthe Floor Lot Ratio (FLR) 3. Platinum: 13.0% of the Floor Lot Ratio (FLR) 111.26 Submitted into the public record inconnection with item SP.1qn 06'02-10 Priscilla A.Thompson ARTICLE 3. GENERAL TO ZONES Note: Standards equivalent to the USGas adopted by the Citv, may alternatively a pub °-nefitn bonus for Green Building, the anticipated UEED msrUfiooUon has not been ac-'=-d. then the owner shall post a performance bond in a honn acceptable tothe Cr, c ianmi The performance bond mhoU be determined boned on the value of land per wq oot of Building in the area of the City in which the proposed project in located, whic -' be adjusted from time to time based on market conditions. The methodology for °~ - ining the value of land per square food of Building shall be maintained in the P|mnnin° 5-eartmmont. The City will draw down on the bond funds ifLEEOcertification has not bee ^ hieved and accepted by the City within one year of the City issuance of the Certificate ° occupancy for the Building. Funds that become mvaUob|o to the City from the horfe| of the performance bond shall be placed in the K8iann' ~ " Benef- --v -i e, Brownfieldo. One additional Story of Height uhcd| be permitted for redevelopment on a Brownfield Site as defined herein. [ Civic apooa and Civil Support opgoo. Fora developmentpnoject in o TO zone that donates o Civic space or Civil Support space on site to the City of yWkyrni, on additional two square feet of area for each square foot of donated epoce, up to the bonus Height and FLR.shall beallowed. 3.14.5 No Building permit shall be issued for bonus Height and FUR until the Zoning Administrator has certified oonlp/ionua with the provisions of this secUon, upon referral and assurance of compliance from applicable departments. Certification shall be made only after certified check has been deposited and cleared to the Miami 21 Public Benefits Trust Fund or, for non cash oontribuUona, o binding commitment has been approved by the City Manager. The cash contribution shall be nonrefundable. / Submitted into the public 11i37 | record inconnection with | item SPA on 06-03-10 Priscilla A.Thompson Tab 21 Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk CITY OF HOMESTEAD MAYOR AND COUNC I I Meeting Date: July 20, 2009 Public Hearing of Petition: #2009-19 Ordinance Providing For A Maximum of Eight (8) Dwelling Units Per Acre Within Zoning Districts Which Implement Medium Density Residential (MRU) Future Land Use Category; Establishing Density Bonus Provisions Based Upon Development Performance Standards and Criteria BACKGROUND: On February 4, 2008, the City Council adopted Ordinance No. 2008-01-02, which placed a twelve (12) month moratorium on the Issuance of development orders, permits, and development applications for duplex, townhouse, clusterhouse, and mufti -family residential development with a density of over six (6) dwelling units per acre. The purpose of the moratorium was to allow City staff sufficient time to study the impacts of higher density residential development on transportation, public safety, adequacy of public facilities and recreation and open space, in order to evaluate the need for new regulations to guide future land use and development. A six- month extension to the moratorium was approved by the City Council on February 4, 2009. Therefore, the moratorium will expire on August 4, 2009. Residential Development Capacity Study and Proposed Ordinance: The Residential Development Capacity Study prepared by Iler Planning. Group and City Staff provides an analysis of the City's residential land use conditions and the ability of the City to meet the needs of future population growth. The Study includes an analysis of current and projected population, development conditions, land availability, and availability of infrastructure and services, to determine the amount of development that can be built within the City. The Study considered the City's capacity to maintain the adopted Level of Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson _ _ City Clerk _ _ Service (LOS) of the Comprehensive Plan for public facilities for transportation, drainage, sanitary sewer, and parks and recreation, and provides a baseline 'for measuring the- need for and impact of amendments to the density standards of the City's zoning ordinance and Comprehensive Plan. As a result of the analysis, the Study recommended that the City establish a maximum residential dwelling unit density of eight (8) units per acre for the zoning districts which implement the Medium Density Residential Future Land Use (NIRU) category of the Comprehensive Plan. These districts include the Duplex District (R-2), Townhouse District (R-TH), Multiple Apartment District (R-3), Clusterhouse District (R-CH), and Residential Traditional Neighborhood District (R-TND). By reducing the maximum density within these districts, the City will maintain its ability to accommodate projected population growth through the year 2030, while improving the City's capacity to provide services and infrastructure to residential development at the adopted Level of Service (LOS) of the City's Comprehensive Plan. The Study further recommended that a density bonus program be included in the proposed amendments, to provide property owners within the affected zoning districts with the ability to regain density of up to two (2) dwelling units per acre to achieve a maximum density of up to ten (10) dwelling units per acre as allowed under the current zoning, provided that the development proposal meets performance standards for preservation of open space and environmental construction and design. The density bonus program is consistent with Objective 12 of the City's Comprehensive Plan, which provides that the City shall encourage and promote green building and land development principles in order to increase Tong -term sustainable resource management that benefits. the environment and the community. Density Bonus: Under the proposed ordinance, an increase of density of one (1) dwelling unit per acre shall be reserved for developments that demonstrate Florida Green Building Coalition (FGBC) certification and/or Leadership in Environmental Design (LEED) certification at a minimum rating level of Silver. Additionally, an increase of density of one (1) dwelling unit per acre shall be reserved for developments that meet one or more of the following performance standards: (1) that the development set aside park space which comprises at least 20% of the development area and which offers passive and active recreation to Submitted into the public 2 I record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk the public including pedestrian and/or bicycle amenities, and is accessible to the public through pedestrian and bicycle ways; (2) provision of a native landscape buffer of at least 100 feet in width adjacent to the linear frontage of an abutting street or .roadway which is landscaped with Florida native vegetation approved by the Director of Development Services. Open space provided to support a density bonus shall be In addition to that provided to satisfy minimum open space requirements of the City Code. RECOMMENDATION: Approve the proposed Ordinance which amends Chapter 30 "Zoning," Article IV "Supplemental District Regulations", Division 3 "Density", Section 30-457 "Maximum Density Established" to establish a maximum residential dwelling unit density of eight (8) units per acre for the zoning districts which implement the Medium Density Residential Land Use (MRU) category, and establishes Section 30-461 "Density Bonus for Properties Within the Duplex District (R-2), Townhouse District (R-TH), Multiple Apartment District (R-3), Clusterhouse District (R-CH), and Residential Traditional Neighborhood District (R-TND)" to provide for a density bonus program to permit a maximum of up to ten (10) units per acre for exemplary developments within these districts, if such developments meet green building and land development performance standards. 3 Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk ORDINANCE NO. AN ORDINANCE OF TH N; CITY OF HOMESTEAD, ¥LORIDA, AMENDING THE CITY CODE OF ORDINANCES BY AMENDING CHAPTER 30 "ZONING", ARTICLE IV "SUPPLEMENTAL DISTRICT REGULATIONS", DIVISION 3 "DENSITY", SECTION 30-457 "MAXIMUM DENSITY ESTABLISH/1;D" TO ESTABLISH A MAXIMUM DENSITY OF EIGHT (8) DWELLING UNITS PER ACRE WITHIN ZONING DISTRICTS WHICH IMPLEMENT THE MEDIUM DENSITY RESIDENTIAL (MRU) FUTURE LAND USE CATEGORY; FURTHER AMENDING DIVISION 3 "DENSITY" TO ESTABLISH SECTION 30-461 "DENSITY BONUS FOR PROPERTIES WITHIN THE DUPLEX DISTRICT (R-2), TOWNHOUSE DISTRICT (R-TH), MULTIPLE APARTMENT DISTRICT (R-3), CLUSTERHOUSE DISTRICT (R- CH), AND RESIDENTIAL TRADITIONAL NEIGHBORHOOD DISTRICT (R-TND)" TO PROVIDE FOR ADDITIONAL DENSITY OF UP TO TEN (10) DWELLING UNITS PER ACRE PROVIDED DEVELOPMENT PERFORMANCE STANDARDS AND CRITERIA ARE MET; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THH', CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. AREAS, the City Council of the City of Homestead, Florida ("City Council") recognizes that over the last decade, the City of Homestead has experienced an unprecedented population increase, including the rapid development of higher density duplex, townhouse, clusterhouse and multiple -family residential units and the consequential burdens that this development has placed upon City services and infrastructure; and WHEREAS, in response to these impacts upon services, capacity and infrastructure and to allow the City time to study the impacts of higher density duplex, Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City_Clerk _ . townhouse, clusterhouse, and multiple -family development on transportation, public safety, and adequacy of infrastructure and facilities, the City adopted a twelve-month building moratorium enacted by Ordinance 2008-01-02 on February 4, 2008; and WHEREAS, Ordinance 2008-01-02 placed a moratorium upon the issuance of development orders and permits for new townhouse, clusterhouse and multi-farnily residential development and any proposed development over six (6) dwelling units per acre; and WHEREAS, a six (6) month extension to the moratorium was approved by the City Council on February 4, 2009; and WHEREAS, during the moratorium period, City staff and consultants analyzed the City's residential development capacity by measuring the amount of land available to meet the City's projected needs for residential and commercial development, and the City's capacity to provide for needed services and infrastructure to serve additional growth; and WHEREAS, this analysis resulted in the "City of Homestead Residential Development Capacity Study", which provided recommendations for reduction of the maximtnn residential density allowed within zoning districts which implement the Medium Density Residential Future Land Use (MRU) land use category of the Comprehensive Plan, including the Townhouse District (R-TH), Multiple Apartment District (R-3), Clusterhouse District (R-CH), and Residential Traditional Neighborhood District (R-TND); and WHEREAS, in accordance with the recommendations provided in the "City of Homestead Residential Development Capacity Study", the City Council finds that it is 2 Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson _ City Clerk - necessary to establish a maximum density of eight (8) dwelling units per acre within the zoning districts which implement the Medium Density Residential Future Land Use (MRU) category, in order to accommodate the projected population of the City while maximizing efficient land use and ensuring infrastructure and public services capacity; and WHEREAS, the City's Comprehensive Plan includes Objective 12 of the Future Land Use Plan, which provides that the City shall encourage and promote green building and land development principles in order to increase long-term sustainable resource management that benefits the environment and the community; and WHEREAS, the City Council further desires to provide that development within the 'zoning districts which implement the Medium Density Residential Future Land Use (MRU) category of the Comprehensive Plan, including the Duplex (R-2), Townhouse District (R-TH), Multiple Apartment District (R-3), Clusterhouse District (R-CH), and Residential Traditional Neighborhood District (R-TND), may qualify for a residential density bonus up to ten (10) dwelling units per acre provided that the development meets performance criteria that maximizes environmental efficiency and sustainability of development, and preserves open space for passive and active recreational use; and WHEREAS, the Planning and Zoning Board, sitting as the Local Planning Agency, has reviewed this Ordinance at a duly noticed hearing on May 13, 2009, and recommended its adoption; and WHEREAS, the City Council has reviewed this Ordinance at a duly noticed hearing and determined that it is consistent with the City's Comprehensive Plan; and Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk WHEREAS, the City Council hereby finds and declares that adoption of this Ordinance is necessary, appropriate, and advances the public interest. NOW, THEREFORE, BE IT ORDAINED BY THF, CITY COUNCIL OF THE CITY OF HOMESTEAD, 14LORIDA: Section 1. The preceding "Whereas" clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Chapter 30 "Zoning," Article IV "Supplemental District Regulations", Division 3 "Density" is hereby amended to read as follows: CHAPTER 30. ZONING * * ARTICLE IV. SUPPLEMENTAL DISTRICT REGULATIONS * * * DIVISION 3. DENSITY * * Sec. 30-457. Maximum density established. (a) The maximum density of residential development in the city shall be as follows: (1) The busway corridor and areas designated in the comprehensive plan as downtown mixed use (DMU): up to fifteen (15) dwelling units per acre. (2) Areas outside of those listed in (1) which are designated in the comprehensive plan as medium density residential (MRU) or professional mixed use (PMU): up to ten (10) dwelling units per acre. (3) Zoning districts which implement the Medium Density Residential (MRU) Future Land Use category of the Comprehensive Plan, including but not limited to the Duplex District (R-2), Townhouse District (R-TH), Multiple Apartment District (R-3), Clusterhouse District (R-CH), and Residential Traditional Neighborhood District (R-TND): up to eight (8) dwelling units per acre. A bonus density of up to ten (10) dwelling units per acre may be available subject to demonstration of compliance with the performance criteria established in Section 30-461 of this Division. -(3) 1:4) All other residentially designated areas of the city, not listed in subsections (1) or i(2) or (3) above: up to six (6) dwelling units per acre. * * * 4 Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk Sec. 30-461. Density Bonus for Properties Within the Duplex District (R-2). Townhouse District (R-TH), Multiple Apartment District (R-3), Clusterhouse District (R-CH), and Residential Traditional Neighborhood District (R-TND) Within the zoning districts which implement the Medium Density Residential (MRU) Future Land Use Category of the comprehensive plan, including but not limited to the Duplex District (R-2). Townhouse District (R-TH), Multiple Apartment District (R-3), Clusterhouse District (R-CH), and Residential Traditional Neighborhood District (R- TND), a bonus density increase to allow density of up to ten (10) dwelling units per acre may be available subject to compliance with the following performance criteria: (a) Environmental building and design performance standard. An increase of density of one (1) dwelling unit per acre may be reserved for developments that demonstrate Florida Green Building Coalition (FGBC) certification, Leadership in Environmental Design (LEED) certification at a minimum rating level of Silver and/or National Association of Home Builders' (NAHB) Green Building Standard, ICC 700-2008 certification. The applicant shall comply with the following requirements: (1) To qualify for the density bonus, the applicant shall include with its application for site plan approval a letter of intent that communicates the applicant's commitment to achieve Florida Green Building Coalition (FGBC) certification, Leadership in Environmental Design (LEED) certification at a minimum rating level of Silver and/or National Association of Home Builders' (NAHB) Green Building Standard, ICC 700-2008 certification. An applicant desiring to obtain this density bonus shall participate in a pre -application meeting with the Director of Development Services, and shall include the following documentation with the site plan submittal: a. Site and engineering plans for the development submitted by a professional accredited by the Florida Green Building Coalition (FGBC), a professional holding Leadership in Environmental Design _.(LEED) certification and/or National Association of Home Builders' (NAHB) Green Building Standard, ICC 700-2008 certification; b. Completed checklist and/or points list for the applicable certification program: c. Documentation verifying that the project is registered with the Florida Green Building Coalition (FGBC), Leadership in Environmental Design (TEED) and /or National Association of Home Builders' (NAHB) Green Building Standard. ICC 700-2008; d. A written narrative describing how the project will achieve the desired certification level. (2) Prior to issuance of the final certificate of occupancy for the development, the applicant shall submit documentation that demonstrates achievement of Florida Green Building Coalition (FGBC) certification., Leadership in Environmental Design (LEED) certification at a minimum rating level of Silver and/or National Association of Home Builders' (NAHB) Green Building Standard, ICC 700-2008 certification. 5 Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk _ CO Open space preservation performance standard An increase of density of one (1) dwelling unit per acre may be reserved for developments that meet one or more of the following performance standards. The required dedication to support a density bonus as provided herein shall be in addition to the applicable minimnm open space requirements of this Chapter. (1) Preservation of open space within the development site. An applicant may achieve a bonus density of up to one (1) additional dwelling unit per acre through the preservation of active recreational and passive open space for use in perpetuity. Open space provided to achieve a density bonus shall: a. Comprise of no less than twenty (20) percent of the gross acreage of the development site; b. Be designed to offer passive and active recreation within the development site, including pedestrian and/or bicycle amenities; and c. Be preserved and maintained by the applicant, and its successors and assigns, in perpetuity. (2) Preservation of open space within the development site to be dedicated to the City as public park area. An applicant may achieve a bonus density of up to one (1) additional dwelling unit per acre through the preservation of active recreational or passive open space for use by the public in perpetuity. Open space provided to achieve a density bonus shall: a. Comprise no less than twenty (20) percent of the gross acreage of the development site; b. Proposed public park dedication shall be a minimum of five (5) contiguous acres in size; c. Be designed to offer passive and active recreation to the public, including pedestrian and/or bicycle amenities, and be accessible to the public through pedestrian and bicycle ways; and d. Proposed public park dedication shall be accepted and maintained in perpetuity by the City. (3) Native landscape buffer. Preservation of an unelevated buffer of at least one hundred (100) feet in width and landscaped with Florida native vegetation approved by the Director of Development Services. The buffer shall be located adjacent to the linear frontage of an abutting public right-of-way. (3) Applicants that request a bonus density of up to one (1) additional dwelling unit per acre pursuant to sections b(1) or (3) above, shall provide for the preservation and maintenance of the open space and/or native landscape buffer through an irrevocable conservation easement in a form approved by the city attorney prior to site plan approval. 6 Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Homestead; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Conflicts. All ordinances or parts of ordinances, resolution or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption on second reading. PASSED on first reading this day of , 2009. PASSED AND ADOPTED on second reading this day of , 2009. 7 LYNDA BELL Mayor Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk A IThST: City Clerk SHEILA PAUL SHEDD APPROVED AS TOFORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY COUNCIL: WEISS SEROTA HET .FMAN PASTORIZA COLE & BONISKE, P.L. City Attorney Motion to adopt by FINAL VOTE AT ADOPTION Mayor Lynda Bell Vice Mayor Jon Burgess Councilwoman Wendy Lobos Councilman Melvin McCormick Councilman Nazy Sierra Councilwoman Judy Waldman seconded by 8 --- Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk PH#2009-19 Maximum Density in the MRU Category Ordinance Change minutes for the 5-13-09 Planning & Zoning Board Meeting: Public Hearing: # 2009-19 AN ORDINANCE OF THE CITY OF HOMESTEAD, FLORIDA, AMENDING THF, CITY CODE OF ORDINANCES BY AMENDING CHAPTER 30 "ZONING", ARTICLE IV "SUPPLEMENTAL DISTRICT REGULATIONS", DIVISION 3 "DENSITY", SECTION 30- 457 "MAXIMUM DENSITY ESTABLISHED" TO ESTABLISH A MAXIMUM DENSITY OF EIGHT (8) DWELLING UNITS PER ACRE WITHIN ZONING DISTRICTS WHICH IMPLEMENT THE MEDIUM DENSITY RESIDENTIAL (MRU) FUTURE LAND USE CATEGORY; FURTHER AMENDING DIVISION 3 "DENSITY" TO ESTABLISH SECTION 30-461 "DENSITY BONUS FOR PROPERTIES WITHIN THE DUPLEX DISTRICT (R-2), TOWNHOUSE DISTRICT (R-TH), MULTIPLE APARTMENT DISTRICT (R-3), CLUSTERHOUSE DISTRICT (R-CH), AND RESIDENTIAL TRADITIONAL NEIGHBORHOOD DISTRICT (R-TND)" TO PROVIDE FOR ADDITIONAL DENSITY OF UP TO TEN (10) DWELLING UNITS PER ACRE PROVIDED DEVELOPMENT PERFORMANCE STANDARDS AND CRITERIA ARE MET; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. White read the Ordinance Title and explained the Code Change history and the request to the Board. Mr. Geen asked if this gives them options to go to ten units per acre. Ms. Kamali said that was correct and explained the criteria for the developments to be allowed to have ten units per acre. Ms. Newman opened the public hearing and explained they had received a letter from the Builder's Association of South Florida (BSF) objecting to the Ordinance. Ms. Newman opened the public hearing. There were no comments from the public. Ms. Newman closed the public hearing. Dr. Raines moved. Mr. Shelley seconded approval of the Code Change. Roll call vote: Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson Citv Clerk Mr. Shelley yes M r. Taylor yes Mr. Geen yes Motion passed. 2 Ms. Martinez yes Mr. Powell absent Dr. Raines yes Ms. Newman yes Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk __ _ _ Off) ord.inct ORDINANCE NO. AN ORDINANCE OF THE CITY OF HOLLYWOOD, FLORIDA, ESTABLISHING MANDATORY GREEN BUILDING PRACTICES FOR NEW CONSTRUCTION AND MAJOR RENOVATIONS TO EXISTING STRUCTURES. WHEREAS, the City Commission of the City of Hollywood, Florida has created a Green Team Advisory Committee to make recommendations to the City Commission to develop target environmental goals and implementation plans; and WHEREAS, the Green Team Advisory Committee has recommend the adoption of an ordinance establishing mandatory green building practices for new construction and major renovations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF HOLLYWOOD, FLORIDA: Section 1: That Section 151.150 of the Code of Ordinances is hereby created to read as follows: TITLE XV: LAND USAGE CHAPTER 151: BUILDINGS Mandatory Green Building Practices 151.150 "GREEN FRIENDLY" BUILDING PRACTICES. (A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. "GREEN FRIENDLY" BUILDING PRACTICE. Any of the following building practices: (1) Solar hot water heater system, (2) Pool cover, 1 Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk (3) Pool solar water heater, (4) Stormwater reuse system for irrigation, (5) Dual flush toilet, (6) Solar photovoltaic system comprising of at least 2,000 watts or better, (7) No garbage disposal, (8) At least 80% of plants and trees from Waterwise Florida Landscapes, (9) All Energy Star appliances, (10) All energy efficient outdoor lighting (e.g., solar, low voltage, fluorescent), (11) No shower with more than one (1) shower head, (12) No irrigation system, (13) Central vacuum system, (14) Eco-friendly insulation (e.g., InsulsoY) (15) Bicycle storage and changing room, (16) Energy performance at least 10% more efficient than standards established by American Society of Heating, Refrigerating and Air -Conditioning Engineers, (17) Storage and area for recycling, (18) Recycling built into project as follows: (a) Residential — Pull-out garbage and separate recycling bin included in same pull-out cabinet, (b) Other — Recycling part of infrastructure to include glass, metals, paper, cardboard and plastic, (19) Rough -in plumbing for solar hot water system, (20) All hot water pipes insulated, (21) Rainwater harvesting dedicated to landscape irrigation, (22) Minimum Efficiency Reporting Value of air filters on all air conditioning units at least 8 with anti -microbial agent, and (23) Energy Star qualified structure. MAJOR RENOVATIONS. Repairs and/or alterations amounting to more than fifty percent (50%) of the value of an existing structure and made during any 12-month period. (B) The city shall encourage each person desiring to construct a new structure or make major renovations to an existing structure to maximize the number of "qreen friendly" building practices to be included in such project. (C) New construction of, and major renovations to, a single family detached dwelling or duplex shall include a minimum of five (5) "green friendly" building practices. (D) New construction of, and major renovations to, a structure (other than a single family detached dwelling or duplex) with not more than 20,000 square feet of total floor area shall include a minimum of ten (10) "green friendly" building practices. (E) For each project that is subject to division (C) or (D) above, each "green 2 Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk friendly" building practice shall be shown on the plans or specifications before the first building permit for the proiect is issued. (F) New construction of, and major renovations to, a structure (other than a single family detached dwelling or duplex) with more than 20,000 square feet of total floor area shall be either (i) certified under the Leadership in Energy and Environmental Design (LEED) Green Building Rating System of the United States Green Building Council or (ii) certified by the Florida Green Building Coalition as a Florida Green High Rise Residential Building or a Florida Green Commercial Building (iii) or other recognized certification program by the City.. If the developer/owner/contractor wishes to exceed the basic certification requirements (LEED Silver or greater) the following incentives can be granted by the city as follows: 1. Provide expedited department review and permit to 50% of standard review times including re -submittal review until approvals and permits are granted. 2. Increase residential density by one unit per acre or 10% whichever is greater or increase commercial FAR by 10% 3. Calculate water and sewer impact fees based upon reduced water and sewer volumes as compared to city standard calculations. Volumes to be monitored for one year prior to reduction granted. Impact fees to be held in escrow until USGBC or equivalent certification is obtained. 4. City will waive building permit fees for additional costs to meet higher standard to a maximum amount of 5% of construction costs (5% of total building permit fees). Developer must provide construction costs of upgraded materials to meet higher standard from certified to Silver or greater or other recognized green certification programs. Section 2: That it is the intention of the City Commission that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Hollywood, Florida, and the provisions of this ordinance may be renumbered to accomplish such intention. Section 3: That if any word, phrase, clause, subsection or section of this ordinance is for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of any remaining portions of this ordinance. Section 4: That all sections or parts of sections of the Code of Ordinances, all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 5: That this ordinance shall be in full force and effect immediately upon its passage and adoption. ADVERTISED on , 2009. PASSED on first reading this day of , 2009. ;.•,5 . 1 ' • Submitted into the public record in connection with item SP.1 on 06-02-10 Priscilla A. Thompson City Clerk _ • _ PASSED AND ADOPTED on second reading this day of , 2009. ATTEST: PATRICIA A. CERNY, MMC CITY CLERK APPROVED AS TO FORM & LEGALITY for the use and reliance of the City of Hollywood, Florida only: JEFFREY P. SHEFFEL, CITY ATTORNEY 4 PETER BOBER, MAYOR iubmitted Into the p ,record iR connection titem S V I on (k- 02 Priscilla A. Thompson City Clerk