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City of Miami
PZAB Resolution
Enactment Number: PZAB-R-18-047
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 4490
Final Action Date: 9/24/2018
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY
AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITIONS OF TERMS",
ARTICLE 3, SECTIONS 3.5, ENTITLED "MEASUREMENT OF HEIGHT", ARTICLE 5,
SECTION 5.3, ENTITLED "SUB -URBAN TRANSECT ZONES (T3), AND ARTICLE 7,
SECTION 7.2.3, ENTITLED "ALTERATIONS AND EXPANSIONS OF
NONCONFORMING STRUCTURES", TO INCORPORATE ADDITIONAL HEIGHT
ALLOWANCES AND FREEBOARD IN THE FLOODPLAIN AND CLARIFY
LANGUAGE FOR RAISING STRUCTURES WITHIN THE FLOODPLAIN;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the City of Miami's ("City") Zoning Ordinance ("Miami 21 Code"); and
WHEREAS, on March 23, 2017 the City Commission passed Resolution R-17-0146,
which recommended the City formally join the Southeast Florida Regional Climate Change
Compact ("SFRCCC"); and
WHEREAS, the SFRCCC establishes the Unified Sea Level Rise projection for
Southeast Florida, which is currently projected at 14 to 34 inches by year 2060; and
WHEREAS, the City will consider and incorporate future sea level rise projections from
the SFRCCC; and
WHEREAS, on October 13, 2016 the City Commission adopted Ordinance 13640, which
established the Sea Level Rise Committee, to study the effects of sea level rise; and
WHEREAS, twenty-four percent (24%) of the City is within the Coastal High Hazard
Area ("CHHA"), as defined in Coastal Management Policy CM-4.1.2 of the Miami
Comprehensive Neighborhood Plan and Section 163.3178(2)(h)9, F.S.; and
WHEREAS, the City of Miami has over 12,000 properties within the CHHA, comprising
roughly 5,716 acres within the City; and
WHEREAS, the majority of land within the CHHA is designated Civic Institutional on the
Miami 21 Zoning Atlas, due to the large amount of land in Port of Miami; due to the reclaimed
nature of the Port of Miami, much of the island is actually above the CHHA; and
City of Miami Page 1 of 9 File ID: 4490 (Revision:) Printed On: 10/3/2018
WHEREAS, the majority of properties within the CHHA are designated "T3" Sub -Urban
Transect and "T6" Urban Core Transect; and
WHEREAS, for the safety, wellbeing, and long-term sustainability of life and property,
the City is pursuing changes to the Miami 21 Code to address sea level rise; and
WHEREAS, the Federal Emergency Management Agency ("FEMA") encourages the
incorporation of Freeboard into the construction and reconstruction of properties within areas
prone to flooding, with consideration of future risk due to sea level rise; and
WHEREAS, the addition of Freeboard to height requirements has many benefits,
including reducing the amount of at -risk property from flood damage and reducing National
Flood Insurance Program ("NFIP") premiums for property owners; and
WHEREAS, increased ground -floor height allowances in flood prone areas provide
ground -floor retail establishments the flexibility to respond to changing infrastructure needs
while preserving and enhancing a quality pedestrian environment; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") gave full consideration to
the Director's recommendations; and
WHEREAS, the PZAB has conducted a public hearing on the proposed text amendment;
and
WHEREAS, the PZAB has considered the relationship of the proposed amendment to
the goals, objectives and policies of the Comprehensive Plan, with appropriate consideration as
to whether the proposed change will further the goals, objectives and policies of the
Comprehensive Plan, the Miami 21 Code, and other City regulations; and
WHEREAS, the PZAB has considered the need and justification for the proposed
change, including changed or changing conditions that make the passage of the proposed
change necessary;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. It is recommended that Ordinance No. 13114, the Zoning Ordinance of
the City of Miami, Florida, as amended, be amended by amending Article 1, Section 1.2, entitled
"Definition of Terms" in the following particulars:1
"ARTICLE 1. DEFINITIONS
1.2 DEFINITIONS OF TERMS
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.
City of Miami Page 2 of 9 File ID: 4490 (Revision:) Printed On: 10/3/2018
Base Flood Elevation (BFE): The elevation of surface water resulting from a flood that has a
one percent (1 %) chance of equaling or exceeding that level in any given year, as determined
by FEMA. The BFE is shown on the FEMA Flood Insurance Rate Map (FIRM).
* * *
Freeboard: The additional height above the Base Flood Elevation at which the lowest finished
floor is built.
Special Flood Hazard Area: The land area, as determined by FEMA and shown on the FEMA
Flood Insurance Rate Map (FIRM), covered by the floodwaters of the base flood.
*
* *„
Section 3. It is recommended that Ordinance No. 13114, the Zoning Ordinance of
the City of Miami, Florida, as amended, be amended by amending Article 3, Section 3.5, entitled
"Measurement of Height", should be amended in the following particulars:1
"3.5 MEASUREMENT OF HEIGHT
3.5.1 Unless otherwise specified herein, the Height of Buildings shall be measured in
Stories. The height of Fences and walls shall be measured in feet. The Height of
Buildings, Fences and walls shall be measured from the Average Sidewalk
Elevation or, where no sidewalk exists, the average of the record profile grade
elevation of the street Abutting the Principal Frontage of the Building, as deter-
mined by the Public Works Department. In the event that the bBase fFlood
eElevation, as established by FEMA, plus Freeboard, is higher than the sidewalk
or grade elevations, the total Height of the first Story Building but not the height
of Fences and walls shall be measured from the bBase fFlood eElevation plus
Freeboard.
*
3.5.2 A Story is a Habitable level within a Building of a maximum fourteen (14) feet in
Height from finished floor to finished floor. Basements are not considered Stories
for the purposes of determining Building Height. A ground level retail Story may
exceed this limit up to a total height of twenty-five (25) feet, or up to a total Height
of thirty (30) feet when a retail establishment is located in the Special Flood
Hazard Area, given that the finished floor of the ground level meets the Average
Sidewalk Elevation. A single floor level exceeding fourteen (14) feet, or twenty-
five (25) feet at ground level retail (or thirty (30) feet at ground level retail within
the Special Flood Hazard Area), shall be counted as two (2) Stories; except for
T6-36, T6-48, T6-60, T6-80, and D1, where a single floor level exceeding
fourteen (14) feet may count as one (1) story if the building height does not
exceed the maximum height, including all applicable bonuses, allowed by the
transect at fourteen (14) feet per floor. Where the first two stories are retail, their
total combined Height shall not exceed thirty-nine (39) feet (forty-four (44) feet in
the Special Flood Hazard Area) and the first floor shall be a minimum of fourteen
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(14) feet in Height (nineteen (19) feet in the Special Flood Hazard Area).
Mezzanines may not exceed thirty-three percent (33%) of the Habitable Space
Floor Area, except for D1, where mezzanines may not exceed fifty percent (50%)
of the Habitable Space Floor Area. Mezzanines extending beyond thirty-three
percent (33%) of the Floor Area, or fifty percent (50%) of the Floor Area in D1,
shall be counted as an additional floor. The Height of a Parking Structure
concealed by a Liner may be equal to the Height of the Liner; this may result in a
Liner Story concealing more than one level of Parking.
Section 4. It is recommended that Ordinance No. 13114, the Zoning Ordinance of
the City of Miami, Florida, as amended, be amended by amending Article 5, Section 5.3, entitled
"Sub -Urban Transect Zones (T3)", should be amended in the following particulars:1
"5.3 SUB -URBAN TRANSECT ZONES (T3)
*
5.3.2 Building Configuration (T3)
a. Development within Private Frontages shall comply with Article 4, Tables 2
and 6 and Illustration 5.3. For T3-R and T3-L, second story lot coverage
shall not exceed thirty percent (30%).
b. Encroachments shall be allowed as follows: At the First Layer, stairs may
encroach up to eight (8) feet of the depth of the Setback. In the event an
existing Building is raised in order to bring the finished floor elevation above
the Base Flood Elevation plus Freeboard, stairs and ramps required for
vertical circulation may encroach one hundred percent (100%) of the
Setback by process of Waiver. Open Porches shall be at a minimum seven
(7) feet deep and may encroach up to eight (8) feet of the depth of the
Setback. At the First Layer, cantilevered portions of Awnings, balconies, bay
windows and roofs shall be a maximum three (3) feet deep and may
encroach up to three (3) feet of the depth of the Setback. Other cantilevered
portions of the Building shall maintain the required Setback. At the Second
and Third Layers, Awnings, balconies, bay windows, chimneys, roofs and
stairs may encroach up to fifty percent (50%) of the depth of the Side
Setback or three (3) feet, whichever is less. At the Third Layer, Awnings and
canopies may encroach up to fifty percent (50%) of the depth of the Rear
Setback.
*
e. Building Heights shall be measured in Stories and shall conform to Article 4,
Table 2 and be as shown in Illustration 5.3. The first -floor elevation of a
Principal Building shall be a maximum of two and a half (2.5) feet above
grade, or as regulated by FEMA Base Flood Elevation with a minimum of
one (1) foot to a maximum of five (5) feet of Freeboard, whichever is higher.
A flat roof shall be a maximum of two Stories and twenty-five (25) feet. A
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pitched roof shall be a maximum of twenty-five (25) feet to the eave and
shall not exceed ten (10) feet overall Height above the second Story.
*
* *„
Section 5. It is recommended that Ordinance No. 13114, the Zoning Ordinance of
the City of Miami, Florida, as amended, be amended by amending Article 5, Section 5.4, entitled
"General Urban Transect Zones (T4)", should be amended in the following particulars: 1
"5.4 GENERAL URBAN TRANSECT ZONES (T4)
5.4.2 Building Configuration (T4)
*
b. Encroachments shall be allowed as follows: At the First Layer, stairs may
encroach up to fifty percent (50%) of the depth of the Setback. In the event
an existing Building is raised in order to bring the finished floor elevation
above the Base Flood Elevation plus Freeboard, stairs and ramps required
for vertical circulation may encroach one hundred percent (100%) of the
Setback by process of Waiver. Open Porches shall be at a minimum seven
(7) feet deep and may encroach up to fifty percent (50%) of the depth of the
Setback. At the First Layer, Cantilevered portions of Awnings, balconies, bay
windows and roofs shall be at a maximum three (3) feet deep and may
encroach up to thirty percent (30%) of the depth of the Setback. Other
cantilevered portions of the Building shall maintain the required Setbacks. At
the Second and Third Layers, Awnings, balconies, bay windows, chimneys,
roofs, and stairs may encroach up to fifty percent (50%) of the depth of the
Setback or three (3) feet, whichever is less. At the Third Layer, Awnings and
canopies may encroach up to fifty percent (50%) of the depth of the
Setback.
*
f. Building Heights shall be measured in Stories and shall conform to Article 4,
Table 2 and be as shown in Illustration 5.4. The first -floor Elevation of a
Principal Building shall be at average Sidewalk grade; a first -floor
Residential or Lodging Function should be at a minimum Height of two (2)
feet and a maximum Height of three and a half (3.5) feet for privacy reasons
or as rcgulated by FEMA Base Flood Elevation with a minimum of one (1)
foot to a maximum of five (5) feet of Freeboard, whichever is higher. The
height of the building shall be up to three (3) Stories, and a maximum of forty
(40) feet to the top of the roof slab.
Section 6. It is recommended that Ordinance No. 13114, the Zoning Ordinance of
the City of Miami, Florida, as amended, be amended by amending Article 5, Section 5.5, entitled
"Urban Center Transect Zones (T5)", should be amended in the following particulars:1
City of Miami Page 5 of 9 File ID: 4490 (Revision:) Printed On: 10/3/2018
"5.5 URBAN CENTER TRANSECT ZONES (T5)
5.5.2 Building Configuration (T5)
*
b. Encroachments shall be as follows: At the First Layer, cantilevered Awnings
and entry canopies may encroach up to one hundred percent (100%) of the
depth of the Setback; except as may be further allowed by Chapter 54 of the
City Code; above the first Story, cantilevered balconies, bay windows, roofs
and Facade components promoting energy efficiency such as shading and
Screening devices that are non -accessible, may encroach a maximum of
three (3) feet into the Setback. Other cantilevered portions of the Building
shall maintain the required Setback. In the event an existing Building is
raised in order to bring the finished floor elevation above the Base Flood
Elevation plus Freeboard, stairs and ramps required for vertical circulation
may encroach one hundred percent (100%) of the Setback by process of
Waiver. At the Second and Third Layers, no encroachments are permitted.
g.
Building Heights shall be measured in Stories and shall conform to Article 4,
Table 2 and be as shown in Illustration 5.5. The first floor elevation shall be
at average Sidewalk grade. A first floor Residential or Lodging Function
should be raised a minimum of two (2) feet and a maximum of three and a
half (3.5) feet above average Sidewalk grade for privacy reasons, or Base
Flood Elevation with a minimum of one (1) foot to a maximum of five (5) feet
of Freeboard, whichever is higher. Existing one Story Structures shall be
considered conforming and may be enlarged.
*
Section 7. It is recommended that Ordinance No. 13114, the Zoning Ordinance of
the City of Miami, Florida, as amended, be amended by amending Article 5, Section 5.6, entitled
"Urban Core Transect Zones (T6)", should be amended in the following particulars:'
"5.6 URBAN CENTER TRANSECT ZONES (T6)
5.6.2 Building Configuration (T6)
*
c. Encroachments shall be as follows: At the First Layer, cantilevered Awnings
and entry canopies may encroach up to one hundred percent (100%) of the
depth of the Setback, except as may be further allowed by Chapter 54 of the
City Code. Above the first Story, cantilevered balconies, bay windows, roofs,
City of Miami Page 6 of 9 File ID: 4490 (Revision:) Printed On: 10/3/2018
g•
or Facade components promoting energy efficiency, such as shading and
Screening devices, that are non -accessible may encroach up to three (3)
feet of the depth of the Setback. Other cantilevered portions of the Building
shall maintain the required Setback. Above the eighth Story when additional
setbacks are required as detailed in Illustration 5.6, Facade components
promoting energy efficiency such as shading and Screening devices, that
are non -accessible or balconies may encroach a maximum of three (3) feet.
In the event an existing Building is raised in order to bring the finished floor
elevation above the Base Flood Elevation plus Freeboard, stairs and ramps
required for vertical circulation may encroach one hundred percent (100%)
of the Setback by process of Waiver.
Building Heights shall be measured in Stories and shall conform to Article 4,
Table 2 and be allocated as required in Illustration 5.6. First -floor elevation
shall be at average Sidewalk grade. A first level Residential Function or
Lodging Function should be raised a minimum of two (2) feet and a
maximum of three and a half (3.5) feet above average Sidewalk grade for
privacy reasons, or Base Flood Elevation with a minimum of one (1) foot to a
maximum of five (5) feet of Freeboard, whichever is higher. Existing one
Story Structures shall be considered conforming and may be enlarged.
* *If
Section 8. It is recommended that Ordinance No. 13114, the Zoning Ordinance of
the City of Miami, Florida, as amended, be amended by amending Article 7, Section 7.1.2.5,
entitled "Waiver", should be amended in the following particulars:1
"7.1.2.5 Waiver
*
28. Encroachment of stairs and ramps into the setback for existing buildings
being raised above the Base Flood Elevation plus Freeboard. (Article 3,
Sections 5.3.2.b, 5.4.2.b, 5.5.2.b, and 5.6.2.c)
29. As appropriate to the nature of the Waiver involved and the particular
circumstances of the case, Waivers up to ten percent (10%) of any
particular standard of this Code except Density, Intensity and Height, may
be granted when doing so promotes the intent of the particular Transect
Zone where the proposal is located; is consistent with the guiding
principles of this Code; and there is practical difficulty in otherwise
meeting the standards of the Transect Zone, or when doing so promotes
energy conservation and Building sustainability. The inability to achieve
maximum Density, Height, or floor plate for the Transect shall not be
considered grounds for the granting of a Waiver. This Waiver cannot be
combined with any other specified Waiver of the same standard.
*
*
*,,
Section 9. It is recommended that Ordinance No. 13114, the Zoning Ordinance of
the City of Miami, Florida, as amended, be amended by amending Article 7, Section 7.2, entitled
City of Miami Page 7 of 9 File ID: 4490 (Revision:) Printed On: 10/3/2018
"Nonconformities: Structures; Uses; Lots; Site Improvements; and Signs", should be amended
in the following particulars:1
"7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS;
AND SIGNS
7.2.3 Alterations and Expansion of Nonconforming Structures
a. Single -Family Residences and Duplexes
1. Interior alterations to a nonconforming Single -Family Residence or
duplex for interior work such as repairs or interior remodeling shall be
allowed.
2. Alterations, additions, repairs and maintenance to a nonconforming
Single -Family Residence or duplex shall be permitted as long as there
is no enlargement of any nonconformity that affects the exterior of the
Building or premises.
3. Where alteration, addition, repair or maintenance enlarges a
nonconformity affecting the exterior of the Building or premises, the
enlargement may be permitted by Waiver from the Zoning
Administrator.
b. All other Structures
1 Less than fifty percent (50%) of square footage of Structure.
Alterations which enlarge the nonconformity of a nonconforming
Structure to an extent of less than fifty percent (50%) of the total
square footage of the nonconforming Structure may be permitted by
Exception from the Planning, Zoning and Appeals Board.
2. Fifty percent (50%) or more of square footage of the Structure.
A nonconforming Structure may be altered to enlarge the
nonconformity of the Structure by fifty percent (50%) or more of the
total square footage of the nonconforming Structure only if the
Structure thereafter conforms to the Transect Zone in which it is
located.
3. The raising of a nonconforming Structure, in order to bring the finished
floor elevation above the Base Flood Elevation as determined by
FEMA and does not enlarge the nonconformity, shall be permitted.
* *„
Section 10. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution should not be
affected.
Section 11. This Resolution shall become effective immediately upon its adoption.
City of Miami Page 8 of 9 File ID: 4490 (Revision:) Printed On: 10/3/2018
Franc) dp Garcia, Director
Depart .ent of Planning
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
P 8G-kT 2 A\.varrei
Print Notary Name
Execution ate
51- t, \2
Personally appeared before me, the undersigned authority —C t ifJ h 5 , Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF Ci , 201E
`o 2 (
Personally know or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
Notary Public State of Floriyla'
My Commission Expires:
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rF°F,Ft°P' Banded Thru Troy Fain Insurance 8004854019
City of Miami Page 9 of 9 File ID: 4490 (Revision:) Printed On: 10/3/2018
City of Miami
Legislation
Ordinance: 13640
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1017
Final Action Date: 10/13/2016
AN ORDINANCE OF THE MIAMI CITY COMMISSION RESCINDING
RESOLUTION NO. 16-0254, ADOPTED ON MAY 26, 2016, IN ITS ENTIRETY,
AND RE-ESTABLISHING THE CITY OF MIAMI SEA LEVEL RISE COMMITTEE
BY AMENDING CHAPTER 2/ARTICLE XI/DIVISION 18 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/SEA LEVEL RISE
COMMITTEE", CODIFYING THE CITY OF MIAMI SEA LEVEL RISE COMMITTEE
CREATED TO STUDY SEA LEVEL RISE AND ITS EFFECTS ON THE CITY OF
MIAMI AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION,
INCORPORATING ALL AVAILABLE INFORMATION ON THE SUBJECT,
INCLUDING, BUT NOT LIMITED TO, RECOMMENDATIONS MADE BY THE
FEDERAL GOVERNMENT AND MIAMI-DADE COUNTY; STATING THE
COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT
QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING
FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, BUDGET,
LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS,
AND PUBLIC NOTICE; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Mayor Francis Suarez
WHEREAS, the City of Miami ("City") is generally at sea level and abuts the ocean and
the river along a considerable length of its borders; and
WHEREAS, over the past fifteen (15) years, the average annual increase in sea level
has been roughly 0.27 inches per year; and
WHEREAS, for the last five (5) years, the University of Miami has measured an average
annual increase in sea level closer to 0.97 inches per year; and
WHEREAS, the United States federal government projects that sea levels will rise
between four (4) feet to almost seven (7) feet by the end of the century; and
WHEREAS, sea level rise will have broad impacts related to City infrastructure, storm
surges, public health, insurance rates, the availability of potable water, and socioeconomics;
and
WHEREAS, the City must adapt to and mitigate the adverse effects of sea level rise
within its jurisdiction; and
WHEREAS, the City Commission has deemed it necessary to create a committee to
help mitigate the adverse effects of sea level rise on the City and its residents; and
City of Miami Page 1 of 8 File ID: 1017 (Revision: A) Printed On: 6/4/2018
File ID: 1017 Enactment Number: 13640
WHEREAS, the City Commission desires that fifty thousand dollars ($50,000.00) be
allocated to the City of Miami Sea Level Rise Committee ("Committee") to be used for updating
the City's storm water management master plan; and
WHEREAS, the City Commission previously established the Committee pursuant to
Resolution No. 15-0072, later rescinded and superseded by Resolution No. 16-0254 of the City
Commission; and
WHEREAS, the City Commission desires to rescind Resolution No. 16-0254, adopted on
May 26, 2016, in its entirety and codify the Committee through an amendment to the Code of
the City of Miami, Florida, as amended; and
WHEREAS, the City Commission desires that the membership of the Committee
otherwise remain unchanged from its previous iteration with all currently appointed members
retaining their current membership status;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Ordinance are
adopted by reference and incorporate as if fully set forth in this section.
Section 2. Chapter 2, Article XI, Division 18 of the City Code, as amended, is further
amended in the following particulars:1
"CHAPTER 2
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 18. SEA LEVEL RISE COMMITTEE
Secs. 2 1271 2 1300. Reserved.
Sec. 2-1271. Establishment and purpose.
The "Sea Level Rise Committee" ("Committee") is established to serve in an advisory capacity
to the City Commission. The Committee shall recommend changes to the Code of the City of
Miami, Florida, as amended ("City Code") and any City of Miami ("City") policies necessary to
help the City and its residents adapt to and prepare for the adverse impacts of sea level rise,
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.
City of Miami
Page 2 of 8 File ID: 1017 (Revision: A) Printed on: 6/4/2018
File ID: 1017 Enactment Number: 13640
including impacts related to storm surges, flood damage prevention, infrastructure, public
health, water supply and quality, housing, and socioeconomics.
Sec. 2-1272. Composition; appointment and terms of office of members; filling of vacancies.
Committee members originally appointed pursuant to Resolution No. 16-0254 shall remain on
the Committee, subject to the terms contained herein.
(a) Composition and Qualifications. The Committee shall consist of nine (9) voting members
who shall be City residents, work in the City, own a business in the City, or own real property in
the City. All voting members shall be invested in the City and serve without compensation. In
addition:
(1) At least one (1) member shall possess an expertise in civil engineering or architecture
with a focus on infrastructure.,
(2) At least one (1) member shall possess an expertise in community and real estate
development;
(3) At least one (1) member shall possess an expertise in one (1) or more of the following
areas: climatology, geophysics, coastal management, oceanography, or coastal ocean
science:
(4) At least one (1) member shall possess an expertise in emergency management;
(5) At least one (1) member shall possess an expertise in economics; and
(6) At least one (1) member shall possess an expertise in advocating for vulnerable low-
income communities.
(b) Appointment of Voting Members. The nine (9) members shall be appointed to the Committee
as follows:
(1) Each of the five (5) City Commissioners shall appoint one (1) voting member to be
ratified by majority vote of the City Commission.,
(2) The Mayor shall appoint one (1) voting member to be ratified by majority vote of the City
Commission;
(3) The City Manager shall appoint one (1) voting member to be ratified by majority vote of
the City Commission;
(4) The City Commission at -large shall appoint two (2) members; and
(5) No alternates shall be appointed.
(c) Automatic Waiver for Special Counsel to the City and Local Government Employees. Any
appointee contemplated in Subsection (b) above [Appointment of Voting Members] who may be
currently serving as special counsel to the City by performing basic non -litigation legal services
for the City may continue to do so and receive an automatic waiver from the Commission to sit
on the Committee and continue assisting the City pursuant to City Code Sections 2-612 and 2-
614, as amended. Similarly, any appointee contemplated in Subsection (b) above (Appointment
City of Miami
Page 3 of 8 File ID: 1017 (Revision: A) Printed on: 6/4/2018
File ID: 1017 Enactment Number: 13640
of Voting Members' who may be currently employed by Miami -Dade County, Florida, or any
municipality therein, may receive an automatic waiver from the Commission to sit on the
Committee and continue his or her government employment pursuant to Section 2-884 of the
City Code, as amended.
(d) Term of Voting Members. The voting members shall serve for a two (2) year term, but may
continue to serve beyond the two (2) year term until a successor has been appointed and
qualified. Membership shall be limited to three (3) full, consecutive terms; however, this
limitation shall not prohibit any individual from being reappointed to the Committee after a hiatus
of two (2) years. Likewise, the limitation of membership to three (3) full, consecutive terms may
be waived for a particular voting member by a unanimous vote of the members of the City
Commission to permit the voting member to be reconsidered annually for an additional one (1)
year term.
(e) Minimum Attendance Requirements. Voting members should attend each meeting. Any
voting member who is absent from more than three (3) meetings in a given calendar year shall
automatically be deemed to have vacated his or her position, except that absences allowed
pursuant to Section 2-886(d) of the City Code shall not be counted. A voting member shall be
deemed absent from a meeting when the member is not present at the meeting at least
seventy-five percent (75%) of its duration. Nevertheless, the provisions of this subsection may
be waived by a four -fifths (4/5) vote of the members of the full City Commission pursuant to
Section 2-886(c).
(f) Removal. The City Commission shall have the power to remove any member by majority vote
without a finding of cause. The voting members appointed by the Mayor and the City Manager
may also be removed by the appointing official without a finding of cause subject to ratification
by majority vote of the City Commission.
(g) Resignation. Voting members may resign by submitting a signed letter of resignation to the
City Clerk. The City Clerk shall immediately notify the appointing official of the vacancy. It shall
be the obligation of each voting member to notify the City Clerk if the member ceases to meet
the qualification criteria set forth in Subsection (a) above [Composition and Qualificationsl.
(h) Vacancies. In the event a vacancy occurs on the Committee, whether automatically, by vote
of the City Commission, or by resignation of the member, the City Commission may, by majority
vote, appoint a qualified person to fill the remaining term of the vacant position. The
appointment may be made at the next regularly scheduled meeting of the City Commission or
as soon as practicable thereafter. All such appointments shall be consistent with the
membership requirements stated in Subsection (a) above [Composition and Qualificationsl.
(i) Waiver. The City Commission shall have the power to waive any of the requirements of
Subsection (a) above [Composition and Qualificationsl by four -fifths (4/5) vote of the members
of the full City Commission, or a unanimous vote of the quorum that exists because of either
abstentions or vacancies resulting from resignation, death, suspension, or physical
incapacitation.
Sec. 2-1273. Officers and Subcommittees.
(a) At the initial organizational meeting, the members of the Committee shall select and
designate a Chairperson and Vice -Chairperson from among the members of the Committee
who shall serve at the pleasure of the Committee. The Chairperson shall reserve the right to
appoint an executive committee and to delegate tasks to various subcommittees of the whole.
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(b) Subcommittees. The Chairperson may establish subcommittees from time to time.
Decisions of all subcommittees are subject to ratification by majority vote of the full Committee,
or a unanimous vote of the quorum that exists because of either abstentions or vacancies
resulting from removal, resignation, death, suspension, or physical incapacitation.
Sec. 2-1274. Meetings, parliamentary authority, rules and regulations.
(a) Procedure. The Committee shall adopt its own order of business, rules of procedure, and
bylaws to govern its meetings and actions not inconsistent with the provisions set forth herein,
which shall be filed with the City Clerk. Until the Committee adopts its own rules of procedure, it
shall follow Robert's Rules of Order (current edition) except that the provisions set forth herein
shall control in case of conflict.
(b) Notice and Public Participation. All meetings and workshops of the Committee and any of its
subcommittees shall be noticed and open to the public as required by the State of Florida's
Sunshine Law. In addition, the public shall be encouraged to submit oral and written comments
to the Committee.
(c) Minutes. The minutes of each meeting and workshop shall be taken by applicable staff and
promptly made available by the City Clerk. Such records shall be open to public inspection.
Copies of minutes of all Committee meetings shall be furnished to the Mayor, City
Commissioners, City Attorney, and City Manager.
(d) Quorum. A minimum of fifty percent (50%) plus one (1) of the Committee's total voting
members shall constitute a quorum for the purpose of convening any meeting. An affirmative
vote of not less than fifty percent (50%) plus one (1) of the voting members present at any
meeting is required for any action to be taken by the members.
Sec. 2-1275. Powers.
(a) The Committee shall have the power to:
(1) Hold public hearings to receive public and expert input;
(2) Review any and all available information pertaining to sea level rise, including but not
limited to its adverse impacts related to storm surges, flood damage prevention,
infrastructure, public health, water supply and quality, housing, and socioeconomics;
(3) Request reports regarding the above from City Departments through the City Manager's
Office or designee;
(4) Comment on and request reports from City Departments through the City Manager's
Office or designee regarding updates to City infrastructure that may relate to the City's
ability to adapt to sea level rise and its adverse impacts, including but not limited to
roads, transportation, solid waste facilities, storm water facilities, and buildings;
(5) Comment on and request reports from City Departments through the City Manager's
Office or designee concerning changes to the City's zoning ordinance and other land
development regulations, flood damage prevention, or historic or environmental
preservation regulations that may relate to the City's ability to adapt to sea level rise and
its adverse impacts;
City of Miami
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(6) Inventory City infrastructure, including but not limited to roads, transportation, solid
waste facilities, storm water facilities, buildings, and communities and residencies most
at risk from sea level rise and its adverse impacts;
(7) Identify areas of the City most at risk from sea level rise and its adverse impacts;
(8) Identify applicable resilient design standards and best practices for adaptation,
mitigation, and other considerations related to sea level rise and its adverse impacts;
(9) Recommend appropriate sea level rise projections to be used in City infrastructure
projects and planning;
(10) Recommend, from time to time, matters pertaining to the City's ability to adapt to sea
level rise and its adverse impacts to be considered by the City's Planning, Zoning and
Appeals Board; the City's Historic and Environmental Preservation Board; or other
relevant City boards, committees, or commissions;
(11) Recommend any changes to the City Code, policies, guides, and standards, including
but not limited to the matters listed herein, necessary to help the City and its residents
adapt to and prepare for the adverse impacts of sea level rise;
(12) Undertake joint investigations or alliances regarding the above with educational,
academic, not -for -profit, and other governmental entities and offices;
(13) Subject to City Commission approval, which approval shall not be unreasonably
withheld, engage experts who, as independent contractors, will provide analyses,
reports, recommendations, and other resources, which shall be paid from funds
available to the Committee; and
(14) Prepare an annual budget to be presented to the City Commission for approval.
(b) The City Manager shall retain sole authority to execute contracts and agreements subject to
the limitations of City Charter and City Code. However, the City Manager may delegate to the
City's Office of Sustainable Initiatives the authority to execute contracts on behalf of the
Committee consistent with the limitations of City Charter and City Code, subject to Committee
approval.
(c) Any resolution of the Committee recommending changes to City policy to the City
Commission shall be placed on the next feasible City Commission agenda as a discussion item.
Sec. 2-1276. Annual budget.
(a) Procedure. Upon the effective date of the enactment of the ordinance from which this
division derives, the Committee shall establish a fiscal year which coincides with that of the City.
Within sixty (60) calendar days following the effective date of the enactment of the ordinance
from which this division derives, the Committee shall submit to the City Commission, in a form
acceptable to the City Manager, a mandatory annual budget for adoption and ratification by
majority vote of the City Commission. Nothing contained herein shall be construed to prohibit
the Committee from submitting a supplemental budget to the City Commission for approval. All
expenditures shall comply with City procedures for acquisition of goods and services.
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(b) Expenditures. No expenditure shall be made in any given year without approval by the City
Commission of the Committee budget for that year. In addition, the following shall apply:
(1) Expenditures shall primarily be made for the engagement of experts and consultants to
provide analyses, reports, recommendations, and other resources or to implement
programs to help the City and its residents adapt to and prepare for the adverse impacts
related to sea level rise.
(2) No more than ten percent (10%) of the Committee's budget shall be used to reimburse
voting members or City employees for attendance at various conferences, seminars, and
events. Voting members of the Committee shall comply with the State of Florida's
Sunshine Law when attending such conferences, seminars, and events.
(c) No Conflicts of Interest. Voting members of the Committee shall comply with the Conflict of
Interest provisions of the City Code, the Conflict of Interest and Ethics Ordinance of Miami -Dade
County, and all other laws that may apply when preparing the annual budget and expenditures
of the Committee.
(d) No Deficiencies. No provision contained in this division shall be construed to violate the Anti -
Deficiency Act, as set forth in Sections 18-500-18-503 of the City Code, as amended.
Sec. 2-1277. - Annual and quarterly reports.
(a) Annual Report. The Chairperson shall submit an annual report to the City Manager on
January 15 of each year pursuant to Section 2-890 of the City Code, as amended.
(b) Quarterly Report. The Committee shall submit reports to the City Commission and present
the findings and recommendations of said reports at a meeting of the City Commission on at
least a quarterly basis.
(c) Copies. Copies of the Committee's reports shall be made available online.
Sec. 2-1278. Legal counsel.
The Office of the City Attorney shall provide an attorney to serve as legal counsel to the
Committee and shall provide legal advice on all matters considered by the Committee.
Sec. 2-1279. Liaison(s) to Committee and assignment of staff.
Notwithstanding any provisions to the contrary contained in this Code, the City Manager shall
designate the administration's liaison(s) to the Committee, at least one (1) of which shall be from
the City's Office of Sustainable Initiatives. It shall be the duty of the City Manager to provide
administrative support to the Committee, which shall include the services of an individual to
maintain committee correspondence, post meeting notices with the City Clerk, file reports, and
perform all other necessary support functions. In addition to any administration liaison(s)
assigned to the Committee, the City Manager shall designate representatives from the
Departments of Public Works, Building, Planning and Zoning, and the Office of Capital
Improvements to attend Committee meetings. Upon the Committee's request, the City Manager
may also participate in deliberations of the Committee and may offer technical and policy
advice.
Sec. 2-1280. Inapplicability of sunset provision.
City of Miami
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Enactment Number: 13640
The Committee shall not be subject to the provisions of Section 2-892 of the City Code, as
amended.
Secs. 2-1281-2-1300. Reserved.
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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
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GPI} OA.
* I000„ 1111,1 .
i 0 too
City of Miami
Legislation
Resolution R-17-0146
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1969 Final Action Date: 3/23/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION RECOMMENDING THAT
THE CITY OF MIAMI FORMALLY JOIN THE SOUTHEAST FLORIDA REGIONAL
CLIMATE CHANGE COMPACT ("COMPACT") AS A MUNICIPAL PARTNER;
ENDORSING THE MAYORS' CLIMATE ACTION PLEDGE, THEREBY
AFFIRMING SUPPORT FOR THE COMPACT, AGREEING TO CONSIDER
IMPLEMENTING THE REGIONAL CLIMATE ACTION PLAN, IN WHOLE OR IN
PART, AND URGING ALL THE MAYORS OF MIAMI-DADE COUNTY TO
SUPPORT AND ENDORSE THE MAYORS' CLIMATE ACTION PLEDGE.
WHEREAS, Florida is considered one of the most vulnerable areas of the country to the
consequences of global climate change with Southeast Florida being at the frontline to
experience the impacts of a changing climate, especially sea level rise; and
WHEREAS, the City of Miami ("City") is generally at sea level and abuts Biscayne Bay,
the Miami River, and Little River along a considerable length of its borders, and sea level rise
will have broad impacts related to the City's infrastructure, storm surge, public health, insurance
rates, the availability of potable water, and socioeconomics; and
WHEREAS, the City must adapt to and mitigate the adverse effects of sea level rise and
other climate -related impacts within its jurisdiction; and
WHEREAS, in recognition of the need for immediate, coordinated, and visionary action
to address the impacts of a changing climate and provide for economic and environmental
resilience in Southeast Florida, in 2010, the counties of Palm Beach, Broward, Miami -Dade, and
Monroe ("Compact Partners") entered into the Southeast Florida Regional Climate Change
Compact ("Compact"); and
WHEREAS, in accordance with the Compact's commitment and through a two (2) year
collaborative process involving nearly one hundred (100) subject matter experts representing
public and private sectors, universities, and not -for -profit organizations, the Compact Partners
developed the Regional Climate Action Plan ("RCAP"); and
WHEREAS, recognizing that there are more than one hundred (100) municipalities within
the region that will play an important role in the implementation of the RCAP, the Compact
Partners included municipalities in the development of the RCAP; and
WHEREAS, municipalities individually have been working to achieve sustainability, and
the RCAP presents an opportunity to align these individual local efforts with the regional
framework and vision; and
WHEREAS, the RCAP offers recommendations that provide the common integrated
framework for a stronger and more resilient Southeast Florida; and
WHEREAS, in November 2016, the City's Office of Resilience & Sustainability and the
City's Departments of Planning & Zoning, Public Works, and Capital Improvements participated
City of Miami Page 1 of 2 File ID: 1969 (Revision:) Printed On: 6/28/2017
File ID: 1969 Enactment Number: R-17-0146
in the Compact's third annual Resilient Redesign Workshop in partnership with the University of
Miami's School of Architecture to identify adaptations necessary to reduce the risk, damage,
and economic losses associated with climate change for the highly flood -vulnerable Shorecrest
neighborhood; and
WHEREAS, the Resilient Redesign Workshops were developed as part of a series of
regional convenings around priority recommendations from the RCAP; and
WHEREAS, on January 4, 2017, the Sea Level Rise Committee ("SLRC") recommended
that capital projects should be developed with considerations made for anticipated sea level rise
using the United States Army Corps of Engineers High or National Oceanic and Atmospheric
Administration High curve calculator for sea level rise projections, which are included in the
Compact's 2015 Unified Sea Level Rise Projection Report; and
WHEREAS, on February 27, 2017, the SLRC unanimously passed a resolution
recommending that the City formally join the Compact, endorse its Mayors' Climate Action
Pledge, and affirm support for the RCAP; and
WHEREAS, the Office of Resilience and Sustainability believes that joining the Compact
is important for increasing the City's resilience to climate -related impacts;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission recommends that the City join the Southeast Florida
Regional Climate Change Compact as a municipal partner.
Section 3. The City Commission endorses the Mayors' Climate Action Pledge, and
affirms its support for the Compact, agrees to consider implementing the Regional Climate
Action Plan, in whole or in part, and urges all the Mayors of Miami -Dade County to support and
endorse the Mayors' Climate Action Pledge.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor ey ) 3/14/2017
' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)
calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by the City Commission.
City of Miami
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