HomeMy WebLinkAboutPZAB 3.16.11PZAB.1 1
File ID:
Title:
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
11-00195zt Legislative
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS
BOARD RECOMMENDING APPROVAL OR DENIAL TO THE MIAMI CITY
COMMISSION TO AMEND ORDINANCE NO. 13114, THE MIAMI 21 CODE,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 3, SECTION 3.14 ENTITLED "SUSTAINABILITY",
MODIFYING THE PROCESS FOR BOND REQUIREMENTS FOR GREEN
CERTIFICATION AND PROVIDING A PRO -RATED FORMULA FOR
NONCOMPLIANCE; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Location: Citywide
Applicant(s): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami
Purpose: This amendment will modify the process for bond requirements for green
building certification and introduce a pro -rated formula for non-compliance
with the green certification as required by the Zoning Code.
Planning Department
Recommendation: Approval.
Analysis: N/A
Planning, Zoning and
Appeals Board: March 16, 2011
City of Miami
Legislation
PZAB Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00195zt Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OR DENIAL TO THE MIAMI CITY COMMISSION
TO AMEND ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3,
SECTION 3.14 ENTITLED "SUSTAINABILITY", MODIFYING THE PROCESS FOR
BOND REQUIREMENTS FOR GREEN CERTIFICATION AND PROVIDING A
PRO -RATED FORMULA FOR NONCOMPLIANCE; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami
PURPOSE: This amendment will modify the process for bond requirements for
green building certification and introduce a pro -rated formula for non-compliance
with the green certification as required by the Zoning Code.
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 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 its Zoning
Ordinance as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
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. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby
amended by in the following particulars: {1}
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File Id: 11-00195zt (Version: 1) Printed On: 3/3/2011
File Number: 11-00195zt
"ARTICLE 3 GENERAL TO ZONES
3.13 SUSTAINABILITY
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
application, the owner shall post a performancc bond in a form acceptable to the City of Miami.
The following shall be provided to the Zoning Administrator:
1. As a condition to the issuance of a Building Permit, the applicant shall provide:
a. Proof of registration with the Green Building Certification Institute, or applicable agency;
b. A signed and sealed affidavit from a LEED Accredited Professional, or applicable
designation, stating that the proposed Building, as designed, is anticipated to achieve
minimum required certification.
c. A LEED Scorecard, or equivalent document, identifying anticipated credits to be
achieved.
2. As a condition to the issuance of a Certificate of Occupancy, the applicant shall:
a. Provide proof of certification by the Green Building Certification Institute, or applicable
agency; or
b. Post a bond, in a form acceptable to the City of Miami, in the amount indicated below.
The amount of the required performance bond shall be calculated as follows:
i. Two percent (2%) of the total cost of construction for a 50,000 - 100,000 square foot
Building.
ii. Three percent (3%) of the total cost of construction fora 100,001 - 200,000
iii. Four percent (4%) of the total cost of construction for any Building greater than
200,000 square feet.
The performance bond shall be forfeited to the City in the event that the Building does not meet
the minimum certification verification requirements for LEED Silver certification. The City will
draw down on the bond funds if LEED Silver certification has not been achieved and accepted
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File Number: 11-00195zt
by the City within one year of the City issuance of the Certificate of Occupancy for the Building .
If minimum certification is not achieved but a majority of the credits have been earned, the City
shall return a percentage of the bond. The amount to be returned shall be equivalent to the
ratio of total points achieved over the minimum points needed to meet the required minimum
certification. If the ratio amounts to fifty percent (50%) or less, the bond shall be forfeited in its
entirety. Funds that become available to the City from the forfeiture of the performancc 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 .
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 reentered and that the word "ordinance" may be changed to "section", "article", or
other appropriate word to accomplish such intention.
Section 5. These amendments shall be implemented upon adoption. {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 3 of 3 File Id: 11-00195zt (Version: 1) Printed On: 3/3/2011