HomeMy WebLinkAboutPZAB (13877) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-23-073
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 13877 Date Rendered: 6/30/2023
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING TO THE MIAMI CITY COMMISSION APPROVAL OF AN
ORDINANCE AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING APPENDIX D,
TITLED SD-16.3 MIAMI WORLDCENTER, SECTION 3(C), TO ALLOW CERTAIN
DESIGN STANDARD FLEXIBILITY TO PROMOTE NET -ZERO BUILDING
PERFORMANCE REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 13, 2008, the City Commission adopted Ordinance
No. 13038, creating the 25 +/- acre zoning district entitled SD-16.3 "Miami Worldcenter,"
as amended; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No.
13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21
Code") incorporating SD-16.3 as Appendix D: Miami Worldcenter; and
WHEREAS, on November 18, 2021 the City of Miami ("City") adopted, via
Resolution R-21-0427, the Miami Forever Carbon Neutral Green House Gas Reduction
Plan that establishes an ambitious interim target of 60% reduction in Greenhouse Gas
("GHG") emissions below 2018 levels (3.3 million metric tons of carbon dioxide
equivalent) by 2035, which can be achieved by meeting five subgoals: 15% shift away
from private vehicle trips compared to 2018 levels by 2035; 100% carbon -free electricity
and energy by 2035; 35% reduction in onsite natural gas emissions compared to 2018
levels by 2035; 40% of registered passenger vehicles are electric by 2035; and and
improve energy efficiency in buildings to decrease overall energy consumption; and
WHEREAS, the Florida Legislature supports renewable energy and adopted
Section 377.601, Florida Statutes, which states that the impacts of global climate
change can be reduced through the reduction of GHG emissions; and that the
implementation of alternative energy technologies can be a source of new jobs and
employment opportunities for many Floridians, and Florida must development and
promote the effective use of energy in the state, discourage all forms of energy waste,
and recognize and address the potential of global climate change wherever possible;
and
Date Rendered: 6/30/2023
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WHEREAS, the goals of Miami Worldcenter are to conserve energy and reduce
carbon dioxide emissions, in part, through the construction of green buildings ("Goals");
and
WHEREAS, in 2008, when Miami Worldcenter was adopted, methods of
construction that emphasized clean energy were in their infancy, and, in 2023, these
methods of construction are now feasible; and
WHEREAS, to achieve the Goals, innovative building construction that
decreases energy use, reduces carbon dioxide emissions, and are environmentally
responsible is required; and
WHEREAS, greater flexibility should be afforded to projects within the
boundaries of Miami Worldcenter that show an ability to achieve the Goals, including an
ability to reduce, minimize, or achieve Net -Zero emissions; and
WHEREAS, the City seeks to be at the forefront of supporting the Goals, and
Miami Worldcenter provides the best platform to achieve the Goals and support the
referenced Florida Statute; and
WHEREAS, the practice of creating structures and using processes that are
environmentally responsible and resource -efficient will reduce the overall impact of the
built environment on human health and the natural environment; and
WHEREAS, consideration has been given to the relationship of this proposed
amendment to the goals, objectives and policies of the Miami Comprehensive
Neighborhood Plan ("MCNP"), with appropriate consideration as to whether the
proposed change will further the goals, objectives and policies of the MCNP; the Miami
21 Code; and other City regulations; and
WHEREAS, consideration has been given to the need and justification for the
proposed change, including changed or changing conditions that make the passage of
the proposed change necessary; and
WHEREAS, after careful consideration of this matter, it is deemed advisable and
in the best interest of the general welfare of the City and its inhabitants to recommend to
the City Commission amendment of the Miami 21 Code as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI PLANNING, ZONING
AND APPEALS BOARD OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution
are adopted by reference and incorporated herein as if fully set forth in this Section.
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Section 2. It is recommended that "Appendix D: Miami Worldcenter," as
amended, inclusive of the amended zoning regulations and development standards, as
approved, shall be binding upon any development project within the district boundaries.
Section 3. the Planning, Zoning and Appeals Board recommends to the City
Commission that Appendix D of the Miami 21 Code be amended in the following
particulars: 1
"MIAMI 21 CODE
APPENDIX D: MIAMI WORLDCENTER"
*
Section 3(.bc) Special District Permit Minor Modifications & Modifications to Approvals
(1) Unless otherwise required by these Development Standards. as amended, the
Zoning Code of the City of Miami, as amended, or the Florida Building Code, as
amended, these Development Standards may be modified by the Planning Director, or
his or her designee, pursuant to a Special District Permit ("Special District Permit"). The
Zoning Administrator, or his or her designee, may waive or modify any provision of
these Development Standards, up to ten percent {10%}, by Special District Permit,
except Density, Intensity or Height, on a case -by -case basis. when doing so will
promote the intent of the Miami Worldcenter or these Development Standards. All
applications for a Special District Permit shall be submitted in writing to the Zoning
Administrator. detailing the need for the modification or correction. as the case may be.
together with a fee detailed in the City's adopted fee schedule. Special District Permit
applications shall be reviewed by the Zoning Administrator within fifteen (15) days of
submission. and shall be referred to the Planning Director, or his or her designee. within
five {5) days after the expiration of the initial fifteen (15} day review period. If the
requested relief or modification to these Development Standards is determined to be in
compliance with the intent of these Development Standards, the Planning Director shall
approve the Special District Permit. Special District Permit applications may be filed in
connection with a new building or in connection with the modification of a previously
issued approval, including, but not limited to a Warrant.
(2) The Planning Director, or his or her designee, may authorize variations or
modifications to this Ordinance, including these Development Standards, up to a
maximum of twenty percent (20%) by Warrant, on a case -by -case basis, when such
variation would promote the intent of these Development Standards, or is otherwise
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.
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found by the Planning Director to be appropriate given the particular facts and
circumstances of the Warrant application.
(3) An applicant may modify a Warrant or Special District Permit approved under this
Appendix. as a minor modification through the Special District Permit process. Minor
Modifications include:
1. Those changes that meet these Appendix D regulations: or
2. Changes in the project phasing: or
3. An increase in height not exceeding five percent (5%) of the approved height: in
no instance can such increase exceed the twenty percent (20%) cumulative
increase available by Warrant in Appendix D, as amended: or
4. Projects with an FLR up to 20,000 square feet may receive adjustments in
glazing up to 80% to meet net -zero building standards. Proposed net -zero
Building performance shall be a minimum LEED Gold certification and comply
with applicable sections of the Florida Building Code including but not limited to
natural light requirements.
In the event that the modification is determined to be "not minor," a new Warrant shall
be required. Modification available under this Section 3(c) shall not be applicable to the
Building Configuration contained in Section 9(a).
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of
this Resolution is declared invalid, the remaining provisions of this Resolution shall not
be affected.
Section 5. It is recommended that the provisions of the ordinance become and
be made a part of the Zoning Ordinance 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.
Section 6. This Resolution shall become effective immediately upon adoption.
Reviewed and Approved:
Lakisha Hull AICP LEED AP BD+C
City of Miami Page 4 of 4 File ID: 13877 (Revision:) Printed On: 6/30/2023