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Home My WebLink AboutO-13271City of Miami Legislation Ordinance: 13271 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00195zt Final Action Date: 5/26/2011 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3, SECTION 3.13, ENTITLED "SUSTAINABILITY", MODIFYING THE PROCESS FOR BOND REQUIREMENTS AND DOCUMENTATION NEEDED FOR GREEN CERTIFICATION AND PROVIDING A PRO -RATED FORMULA FOR NONCOMPLIANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code, Ordinance No. 13114; and WHEREAS, the City of Miami wishes to ensure it becomes a model for environmental best practices; and WHEREAS, the City of Miami wishes to facilitate the process by which buildings meet sustainability requirements; and WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on March 16, 2011, following an advertised public hearing, adopted Resolution No. PZAB-R-11-013 by a vote of eight to zero (8-0), item no. 11, recommending APPROVAL with modifications to the City Commission by amending Section 3.13.1, of Ordinance No. 13114, the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), to require additional Green Building Certification Institute documentation and to add a "Forfeiture of Bond Section"; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to amend the Miami 21 Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami 21 Code is hereby amended by in the following particulars: {1} "ARTICLE 3 GENERAL TO ZONES 3.13 SUSTAINABILITY City of Miami Page 1 of 4 File Id: 11-001957t (Version: 3) Printed On: 10/6/2017 File Number: 11-00195zt Enactment Number: 13271 3.13.1 General a. Landscape requirements are as required in Article 9 of this Code and the City of Miami Tree Protection regulations of Chapter 17 of the City Code, except that where this Code is more restrictive than the Tree Protection regulations, this Code shall apply. b. All new Buildings of more than 50,000 square feet of Habitable Rooms and Habitable Space in the T5, T6, CI and CS zones shall be at a minimum certified as Silver by the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) standards or equivalent standards adopted or approved by the City. At the time of permit Miami. The amount of the required performance bond shall be calculated as follows: Two ppercena# (2g) tot C� co ru + Building. Three ctinn for 100 00 I 00 000 sg iaro font Building. Fo pperGeRt-O0/) of the totFlcoc icon aeon for any Building greater than 2-00,000 0 cquarc feet. 1. At the time of Building Permit application, the owner shall submit: a. Proof of registration with the Green Building Certification Institute, or equivalent agency; b. A signed and sealed affidavit from a LEED Accredited Professional, or applicable designation, stating that the proposed Building is designed to achieve the required certification; and c. A LEED Scorecard, or equivalent document, identifying anticipated credits to be achieved. 2. At the time of Certificate of Occupancy application, the owner shall submit: a. Proof of certification by the Green Building Certification Institute, or equivalent agency; b. A bond posted in a form acceptable to the City, in the amount indicated below; i. Two percent (2%) of the total cost of construction for a 50,000 - 100,000 square feet Building; ii. Three percent (3%) of the total cost of construction for a 100,001 - 200,000 square feet Building; City of Miami Page 2 of 4 File Id: 11-001957t (Version: 3) Printed On: 10/6/2017 File Number: 11-00195zt Enactment Number: 13271 iii. Four percent (4%) of the total cost of construction for any Building greater than 200,000 square feet; or c. Proof of partial compliance from the Green Building Certification Institute, or applicable agency, which demonstrates the credits presently achieved. In addition, a prorated portion of the full bond amount, as indicated in subsection 2(b) above, shall be posted based on the number of remaining credits needed to meet minimum certification requirements. The bond amount to be posted shall be calculated as follows: (credits remaining for certification / credits required for certification) x full bond amount = prorated bond amount 3. Forfeiture of Bond The performance A bond under this section 3.13.1 shall be forfeited to the City in the event that the Building does not meet the verification requirements for LEED Silver certification or applicable certification. The City will draw down on the bond funds upon failure of the owner to submit proof of if LEED Silver certification or applicable certification has not been achieved and in a form accepted by acceptable to the City within one (1) year of the City's issuance of the Certificate of Occupancy for the Building. If required certification is not achieved but a majority of the credits have been verified, the owner shall forfeit a portion of the bond based on any outstanding credits which shall be calculated as follows: (credits remaining for certification / credits required for certification) x full bond amount = bond amount forfeited If the amount to be forfeited is greater than fifty percent (50%) of the full bond amount, the bond shall be forfeited in its entirety. Funds that become available to the City from the forfeiture of the performance bond shall be placed in the Miami 21 Public Benefits Trust Fund established by this Code. c. The preservation of Natural Features of land such as trees, vegetation, geological, and other characteristics and the preservation of features of archaeological significance are declared to be in the public interest. Said preservation may justify the relaxation of Setbacks or required Off-street Parking by Waiver. The Zoning Administrator shall determine that the trees, vegetation, geological and other natural characteristic, or archaeological features are in the Buildable Area of the Site and not in Setback areas required for the development of the site. *II Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. City of Miami Page 3 of 4 File Id: 11-001957t (Version: 3) Printed On: 10/6/2017 File Number: 11-00195zt Enactment Number: 13271 Section 5. This Ordinance shall become effective upon its adoption and signature of the Mayor. {2} Footnotes: {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 4 of 4 File Id: 11-001957t (Version: 3) Printed On: 10/6/2017