2016-3993 Ordinance SUSTAINABILITY AND RESILIENCY
ORDINANCE NO. 2016-3993
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR'S) OF THE CITY CODE, BY ESTABLISHING CHAPTER
133, ENTITLED "SUSTAINABILITY AND RESILIENCY;" ESTABLISHING
REQUIREMENTS FOR GREEN BUILDING CERTIFICATION AS A
REQUIREMENT DURING ZONING REVIEW OF NEW PROJECTS OVER A
CERTAIN SIZE ("ELIGIBLE PROJECT(S)"); ESTABLISHING A
SUSTAINABILITY FEE PROGRAM FOR PROJECTS THAT DO NOT ACHIEVE
THE REQUIRED GREEN BUILDING CERTIFICATION LEVEL; AUTHORIZING
PROPERTY OWNERS AND DEVELOPERS TO PAY A SUSTAINABILITY FEE,
OR, IN THE ALTERNATIVE, POST A BOND, IN THE AMOUNT OF FIVE
PERCENT (5%) OF THE TOTAL CONSTRUCTION COST FOR THE ELIGIBLE
PROJECT(S), INTO THE CITY'S SUSTAINABILITY FUND, WHICH BOND OR
FUNDS ARE REIMBURSABLE TO THE PROPERTY OWNER OR
DEVELOPER PURSUANT TO THE LEVEL OF GREEN BUILDING
COMPLIANCE ACHIEVED BY THE "ELIGIBLE PROJECT"; ESTABLISHING
A SUSTAINABILITY AND RESILIENCY FUND FOR THE DEPOSIT OF THE
SUSTAINABILITY FEES GENERATED THROUGH THE SUSTAINABILITY
FEE PROGRAM, AND PROVIDING THE USES FOR WHICH THE FEES
DEPOSITED IN THE SUSTAINABILITY AND RESILIENCY FUND CAN BE
USED; AND REPEALING CHAPTER 100, ENTITLED "SUSTAINABILITY" AS
DUPLICATIVE AND CONTRADICTORY TO THE SUSTAINABILITY AND
RESILIENCY REVISIONS OF CHAPTER 133; PROVIDING FOR REVIEW;
APPLICABILITY; CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, greenhouse gas emissions are a contributor to sea level rise, which is a
threat to public health, safety, and general welfare of the citizens of Miami Beach; and
WHEREAS, it is in the best interest of the City to promote the economic and
environmental health in the City through sustainable and environmentally friendly design and
construction which reduces demand for energy and reduces greenhouse gas emissions; and
WHEREAS, the United States Green Buildings Council (USGBC) has developed the
Leadership in Energy and Environmental Design (LEED) rating system that is a consensus
based certification program for design of sustainable buildings; and
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WHEREAS, the LEED green building certification program recognizes best-in-class
building strategies and practices; and
WHEREAS, the International Living Future Institute developed an international
sustainable building certification program called the Living Building Challenge, encouraging the
creation of Living Buildings, Landscapes and Communities in countries around the world while
inspiring, educating and motivating a global audience about the need for fundamental and
transformative change; and
WHEREAS, the Living Building Challenge is the built environment's most rigorous
performance standard, which calls for the creation of building projects at all scales that operate
as cleanly, beautifully and efficiently as nature's architecture; and
WHEREAS, LEED and Living Building Challenge certified buildings conserve materials,
energy, water and other natural resources as well as provide occupants with healthier and more
productive interior environments; and
WHEREAS, high performance sustainable building and development is a means of
balancing economic development with the preservation of quality of life; and
WHEREAS, high performance buildings provide occupants and visitors with a healthier
and more productive environment due to the use of more natural materials and this increase in
worker productivity can produce enormous economic benefits, as worker salaries are historically
an organization's largest expense; and
WHEREAS, it is in the City's best interest to encourage the remediation of Brownfield
sites, which is further encouraged through the use of green building standards; and
WHEREAS, the City's 2025 Comprehensive Plan requires the encouragement of infill
and redevelopment that is supportive of mobility alternatives, such as walking, bicycling, and the
use of transit, which is further encouraged through the use of green building standards, which
provide credit for features such as proximity to transit, bicycle parking and shower facilities,
proximity to diverse uses, and location of building entrances; and
WHEREAS, the City's 2025 Comprehensive Plan requires open space in conjunction
with every new public and private sector development project, which is further encouraged
through the use of green building standards which provide credit for the inclusion of open space;
and
WHEREAS, studies have indicated that green buildings have lower maintenance costs
associated with lower energy consumption, which will improve the City's long-term economic
well-being; and
WHEREAS, the City of Miami Beach has endorsed the Compact of Mayors pledge to
reduce city-level greenhouse gas (GHG) emissions, to track progress, and to enhance
resilience to climate change, in a consistent and complimentary manner to national level climate
protection efforts; and
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WHEREAS, to meet the requirements of the Compact of Mayor's pledge, the City needs
to build and complete a community-wide GHG inventory with a breakdown of emissions for
buildings and transport sectors, set a target to reduce its GHG emissions, and conduct a climate
change vulnerability assessment; and
WHEREAS, green building certifications recognize that built environments provide a
wide-range of GHG emissions reduction opportunities, including strategies related to building
systems, transportation, water use, construction, materials, waste management, and land cover;
and
WHEREAS, green building certifications strive to transform the way buildings and
communities are designed, built, and operated, in order to create buildings and communities
that are environmentally and socially responsible, healthy, and prosperous; and
WHEREAS, it is in the interest of the health, safety and welfare of the residents of the
City to ensure sustainable construction and to ensure that the City safeguard natural resources,
and ensure that efficient buildings are constructed; and
WHEREAS, Chapter 163.04, Florida Statutes is intended to encourage the development
and use of renewable resources in order to conserve and protect the value of land, buildings,
and resources, which is further encouraged by the use of green building standards; and
WHEREAS, the City desires to require Gold LEED standards or Living Building
Challenge certification standards on construction within the City, for construction over a certain
minimum size, or require the payment of a Sustainability Fee, for failing to meet those minimum
standards of sustainability; and
WHEREAS, the value of the Sustainability Fee is based on the mid-range of estimated
costs of achieving LEED Gold standards for a construction project; and
WHEREAS, the Sustainability Fee is not an impact fee, but rather a mechanism to
ensure compliance with the green building standards; and
WHEREAS, it is the City's expectation that development will comply with the green
building standards and that the Sustainability Fee be refunded to the participants; and
WHEREAS, should a development not comply with the green building standards the City
will utilize the Sustainability Fee revenue to provide public improvements that increase the
sustainability and resiliency of the.City; and
WHEREAS, the adoption of the provisions set forth below and the repeal of Chapter 100
are necessary to accomplish the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 133, entitled "Sustainability and Resiliency," of the City Code, is
created as follows:
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Chapter 133—SUSTAINABILITY AND RESILIENCY
ARTICLE I. —IN GENERAL
Sec. 133-1 — Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meaning ascribed to them in this section, except where the context clearly indicates a different
meaning, or as may be amended from time to time.
Construction means any project associated with the creation, development, or erection
of any structure required to comply with this Chapter.
Enhanced storm water quality and quantity improvements means projects that augment
water quality and quantity by: reducing polluted runoff; advancing groundwater recharge, soil
infiltration and erosion control; and restoring habitat.
Environmental monitoring means periodic or continuous surveillance or testing to
determine the level of compliance required by the Environmental Protection Agency (EPA),
Florida Department of Environmental Protection (DEP), or Miami-Dade County Department of
Regulatory and Environmental Resources (RER) and/or pollutant levels in various media (air,
soil, water) or biota, as well as to derive knowledge from this process. Examples of
environmental monitoring include, but are not limited to: water quality sampling and monitoring,
groundwater testing and monitoring, and habitat monitoring.
Environmental remediation means clean-up of, or mitigation for, air, soil or water
contamination for which the City is legally responsible for environmental clean-up or mitigation.
Environmental restoration means the return of an ecosystem to a close approximation of
its condition prior to disturbance.
Green infrastructure means both the natural environment and engineered systems to
provide clean water, conserve ecosystem values and functions, and provide a wide array of
benefits to people and wildlife. Green infrastructure uses vegetation, soils, and natural
processes to manage natural resources and create healthier urban environments. Examples of
green infrastructure practices include, but are not limited to: right-of-way bio-swales, green
roofs, blue roofs, rain gardens, permeable pavements, infiltration planters, trees and tree
boxes, rainwater harvesting systems.
Green building means generally the resource efficient design, construction, and
operation of buildings by employing environmentally sensible construction practices, systems
and materials.
Green building certification agency means the United States Green Building Code
(USGBC) or the International Living Future Institute, as may be selected by the eligible
participants.
International Living Future Institute means a non-profit organization that created an
international sustainable building certification program called The Living Building Challenge.
Certification types include Living Building Certification, Petals Certification and Net Zero Energy
Building Certification.
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LEED means an effective edition of the Leadership in Energy and Environmental Design
(LEED) Green Building Rating System for Building Design and Construction or Homes, as
applicable, of the United States Green Building Council (USGBC).
Project means any construction associated with the creation, development or erection of
any building required to comply with this chapter.
Scorecard means a guide provided by the green building certification agency to assist in
determining the total project score and achievable credits and level of certification at the
inception of a green building, as provided under this chapter.
USGBC means the United States Green Building Council.
Sec. 133-2. — Intent and Purpose.
The purpose of this chapter shall be to promote sustainable development within the City of
Miami Beach by supporting resilient design and construction practices. The City's intent is to
establish a certification compliance schedule that incentivizes all qualifying projects to attain at a
minimum LEED Gold certification, or similar green building program recognized in this chapter.
Sustainable building practices will promote the economic and environmental health of the city,
and ensure that the City continues to become environmentally resilient to combat sea level rise
and help curb climate change. This chapter is designed to achieve the following objectives:
a. increase energy efficiency in buildings;
b. encourage water and resource conservation;
c. reduce waste generated by construction projects;
d. reduce long-term building operating and maintenance costs;
e. improve indoor air quality and occupant health;
f. contribute to meeting state and local commitments to reduce greenhouse gas
production and emissions; and
g_ encourage sound urban planning principles.
ARTICLE II. —GREEN BUILDING REQUIREMENTS
Sec. 133-3. —Sustainability Requirements.
Mandatory compliance with the requirements of this chapter shall be required for all
applicants with building permit applications that meet the following criteria (hereinafter
"eligible participants"):
LU All new construction that proposes over 7,000 square feet of construction of a structure;
or
gl Ground floor additions (whether attached or detached) to existing structures that
encompass over 10,000 square feet of additional floor area.
Sec. 133-4 Standards.
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This chapter shall be administered using standards developed for and standards developed by
the United States Green Building Council (USGBC) or the International Living Future Institute.
All eligible participants who are certified as having satisfied all of the requirements of the green
building certification agency, including but not limited to any monetary or certification
requirements, are eligible for a partial or full refund of the sustainability fee identified in Section
133-7, herein based upon the level of compliance with the regulations in this chapter.
ARTICLE III. —SUSTAINABILITY FEE PROGRAM
Sec. 133-5. —Generally.
A Sustainability Fee will be assessed for all eligible participants. The calculation of the fee,
provisions for refunding all or portions of the fee, its purpose, and eligible uses are detailed
within this article.
Sec. 133-6. —Sustainability Fee Calculation.
01 In order to obtain a Temporary Certificate of Occupancy (TCO), Certificate of Occupancy
(CO), or Certificate of Completion (CC), whichever comes first, the eligible participant must
first post a Sustainability Fee payment bond or issue full payment of the Sustainability Fee
to the City. The Sustainability Fee shall be valued at five percent (5%) of the total
construction valuation of the building permit. However, the eligible participant may be
entitled to a refund or partial refund, of the bond, or payment of the Sustainability Fee,
based upon achieving the program certification levels in the compliance schedule below:
Certification Compliance Schedule
Level of Sustainability Fee Reimbursement to
Certification Achieved Participant for meeting certain Green
Building certification levels
0% refund of bond or payment of
Failure to obtain Certification Sustainability fee
50% refund of bond or payment of
LEED Certified, Sustainability Fee
66% refund of bond or payment of
LEED Silver Certified Sustainability Fee
LEED Gold Certified or International
Living Future Institute Petals or Net 100% refund of bond or payment of
Zero Energy Certified Sustainability Fee
LEED Platinum Certified or
International Living Future Institute 100% refund of bond or payment of
Living Building Challenge Certified Sustainability Fee
If the proof of green building certification is provided prior to the obtaining a TCO, CO, or
CC, the "Sustainability Fee" shall be in the full amount identified above, minus the refund for
the level of green building certification achieved identified in the Certification Compliance
Schedule.
The Sustainability Fee shall be valuated upon the eligible participant's submittal at time of
application for Temporary Certificate of Occupancy (TCO), Certificate of Occupancy (CO) or
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Certificate of Completion (CC), whichever comes first, upon review by the planning
department during zoning review of the certificate. The Sustainability Fee bond or full
payment shall be provided by participant prior to obtaining a Temporary Certificate of
Occupancy (TCO), Certificate of occupancy (CO) or Certificate of Completion, whichever
comes first.
Refund of the Sustainability Fee or bond to the eligible participant may occur as provided for
in subsection (a), above, provided the eligible participant complies with the certification
compliance schedule within the timeframe identified in in Section 133-7(b).
ica The entirety of the Sustainability Fee shall be forfeited to the City based upon Participant's
failure achieve the applicable green building certification levels identified 133-6(a) within the
timeframe identified in Section 133-7(b).
Sec. 133-7— Review Procedures.
Prior to obtaining a Temporary Certificate of Occupancy, Certificate of Occupancy (CO) or
Certificate of Completion (CC), whichever comes first, the qualifying projects shall post a
bond with the City, or in the alternative, provide a payment to the City, in the amount of the
"Sustainability Fee" identified in Section 133-6(a).
Within one year from the receipt of a Certificate of Occupancy (CO) or Certificate of
Completion (CC), the owner shall submit proof of green building certification for the
development from the green building certification agency.
in The bond or payment provided, or percentage thereof, shall be refunded to program
participants that have achieved a level of green building certification identified in the
Certification Compliance Schedule in Section 133-6.
1 The Planning Director may approve, upon the request of the eligible participant, a one-
time one (1) year extension, provided proof that the green building certification agency's
review remains pending to determine final certification.
Building permit applications for a green building project submitted or resubmitted for review
shall be given priority review over projects that are not green building projects by the City's
departments reviewing such applications.
j All building inspections requested for green building projects shall be given priority over
projects that are not green building projects.
Sec. 133-8 - Deposit of funds; account.
The City has established a Sustainability and Resiliency Fund. The revenue generated
through the Sustainability Fee Program shall be deposited in the Sustainability and
Resiliency Fund.
Interest earned under the account shall be used solely for the purposes specified for
funds of such account.
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Sustainability fees deposited and credited to the Sustainability and Resiliency Fund
account, and credited to the eligible participant, pursuant to 133-7, shall be identified,
within the City's Sustainability and Resiliency Fund.
Appropriation of deposited funds in the Sustainability and Resiliency Fund shall not be
permitted until the applicable refund period, established in Section 133-7(b), for those
funds has lapsed.
Should the eligible participant provide a bond, rather than pay the sustainability fee,
then, the City shall safeguard the bond, to ensure compliance with this Chapter. The
City shall return the bond, or make a claim for a portion of the bond, depending on the
eligible participant's compliance with Section 133-7(b) and 133-6(a).
ILDi Earned fees in the Sustainability and Resiliency Fund shall be utilized to provide public
improvements that increase the sustainability and resiliency of the City. Expenditures from
these funds shall require prior City Commission approval. Prior to any expenditure, the City
Manager shall provide a recommendation to the City Commission.
Such improvements that increase the resiliency of the City may include:
Environmental restoration protects;
Environmental remediation projects;
f Environmental monitoring;
(4) Green infrastructure;
Enhanced storm water quality and quantity improvements; and/or
Sustainability planning efforts.
SECTION 2. That Chapter 100, entitled "Sustainability," of the City Code of Ordinances, is
hereby amended as follows:
Chapter 100 - Reserved
Sec. 100-1. — 100-27. Reserved
v�v
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mcthods utilized in a way that result in minimum impact on natural resources, energy
consumption, use of water, use of raw materials and waste generation, thereby affording
LEED means Leadership in Energy and Environmental Design (LEED) Green Building
Rating System, developed by the U.S. Green Building Council, or other recognized green
Program participant means any person or entity seeking program certification for a
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•
Any word not defined herein shall be construed as providcd in scction 114 1 ef-t i:-Cedes-or-in
See 100_7 _ Purpose anr1 intent
■ -e e __
The program shall be administered by the city manager or designee, who shall be
responsible for:
nrin� m�ilor�•
1 ! - • - ... -...-. •• . .- ..
- - ...
Page 10 of 1.6
11 e-
_ _ : _"
• - ■ _•• - ■ ■ -
pFAgFall:F;and
existing buildings, maintenance and operations, or derived USGBC LEED rating
.- - • e- '. - . .- - •- •- . •- - --- 11 . 11•
or Florida Fire Prevention Code ("FFPC11), the FBC and FFPC take precedence.
1
• - - e e --• . •-- - - -•-. • - •. • . -
oertificat+en
{1) Allowing a plaque not to exceed two square feet to be attached to the building
(3) Press releases; and
A A - - - ._ 11 -- . A e" -- - - - - - `- •
Page 11 of 16
•
guidelines, policies and procedures will be incorporated into the development and
fellows:
-- - - -- -- ' =9 - -
the applicant for the purpose of completing improvements necessary for LEED
assurance provided on the success of plans to complete the LEED certification
• _ _ _ - --
his or her sole discretion, shall deem such bond or security forfeited to the city as a
• -
-- - - - - - .-- e e - -- - e' -- •e -
not been forfeited as provided above, then the bond may be released following
•
.--. .'
• e e e. - - -
" • " •
m.
Page 12 of 16
(b) The city shall encourage not less than two members each of the building, planning
Sec 1-00-"fit. _ Program review
•
(b) Frequency. The program shall be subject to review one year after the effective date of this
(c) Purpose. The purpose of reviewing the-program includes, but is not limited to, updating
program standards and incentives, recommending program or marketing changes,
Secs. 100 12 100 20. Reserved.
. _ es e i, ■ a • , • . • a • a - . ,
Sec. 100-21. - Purpose.
Sew 100-29 _ Definitionw
or as may be amended from time to time.
-- •
-e --. '.- 1 1' ..' • .- . --• .-- --.
Page 13 of 16
- --- - - - - - - - - - - - - - - - - ---• •- e- - .
The energy economic development zone shall be comprised of the entirety of the City of
Beach
Sec 100-2 _ Eligibility criteria
r•rsr.
- ee•(b) The business is either a dean technology sector business or a green business, as both
set forth in section 100 25; or
(c) The business is LEED certified; or
(d) The business is a green lodging establishment, as defined in section 100 22.
(a) The business must achieve an Energy Star Rating of 50 or higher in each of the
verifying the Energy Star Rating; or
(b) The business must achieve the energy efficiency standards of one of the following
(i) The green lodging program administered by the Florida Department of
(ii) The Leadership in Environmental and Energy Design Program, administered by
the U.S. Green Building Council.
Sec. 100_26. _ Program guidetins
. . . . . . . . . . . . . .
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the state's guidelines.
•
SECTION 3. REVIEW.
A progress report shall be presented to the City Commission within fifteen (15) months
of the effective date of this Ordinance in order to review the success of the regulations
contained within. The review shall at a minimum address the following:
1. The effectiveness of the sustainability requirements to reduce demand for energy and
greenhouse gas emissions in Miami Beach. .
2. The effectiveness of the Sustainability Fee at encouraging sustainable development.
3. The effectiveness of review procedures.
SECTION 4. APPLICABILITY.
This Ordinance shall not apply to developments that have an approved Order from the
Board of Adjustment, Design Review Board, Historic Preservation Board, or Planning Board
issued prior to the effective date of this Ordinance, developments that have submitted a
complete application for hearing before the Board of Adjustment, Design Review Board, Historic
Preservation Board, or Planning Board prior to the effective date of this Ordinance, or that have
been issued a building permit process number prior to the effective date of this Ordinance.
SECTION 5. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 6. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or reentered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 7. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 8. EFFECTIVE DATE.
This Ordinance shall take effect on April 1, 2016 following adoption.
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PASSED and ADOPTED this I0 day of rebrtiGr y , 201• ,
Philip Levine, $ aya;, -
ATTEST. y
Mi , / ,./
Rafa- . Gra -do, ity Clerk
•••',�''�.EA.0 'I'1''4 APPROVED AS TO
.''y �� FORM & LANGUAGE....,.7..j f i..1,74..:First Reading: &FOR EXECUTION 4
Second Reading: OSo 1 11-2 ce
First Reading: January 1 20'F.6G�QQ �= City Attorney Date
Second Reading. Februa 14 i t6...
Verified b : bt-u
Y
Thomas R. Mooney, it CP
Planning Director
Underscore denotes new language
denotes deleted language
(Sponsored by Commissioner Micky Steinberg)
T:\AGENDA\2016\February\Planning\Sustainability and Resiliency Ordinance - SECOND Reading ORD -
Adopted.docx
Page 16 of 16
COMMISSION ITEM SUMMARY
Condensed Title:.
An Ordinance establishing Chapter 133 in the Land Development Regulations of the City Code
entitled "Sustainability and Resiliency;" authorizing property owners and developers to pay a
Sustainability Fee or post a bond, in the amount of five percent (5%) of the total construction cost into
the City's Sustainability Fund, which is reimbursable pursuant to the level of Green Building
compliance achieved; establishing a Sustainability and Resiliency Fund for the deposit of the
sustainability fees; and repealing Chapter 100, entitled "Sustainability." ,
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character. Increase satisfaction with development and
growth management across the City.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summary/Recommendation:
SECOND READING—PUBLIC HEARING
The subject Ordinance would encourage the development of Sustainable Buildings by requiring
eligible projects to pay a Sustainability Fee or post a bond in the amount of 5% of total construction
costs. The funds would be deposited into the"Sustainability and Resiliency Fund." Within a year, with
a possible six (6) month extension, of obtaining a Certificate of Occupancy or Certificate of
Completion, the applicant may apply for a refund of all or a portion of the fee contingent on the level of
Green Building Certification achieved.
On July 29, 2015,the Land Use and Development Committee recommended in favor of the ordinance
and that the City Commission refer the attached"`Ordinance Amendment to the Planning Board. On
September 2, 2015, the City Commission referred the item to the Planning Board (Item C4E).
On January 13, 2016,- the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; 2) approved the attached Ordinance at First Reading;
and 3) scheduled a Second Reading Public Hearing for February 10, 2016:
The Administration recommends that the City..Commission adopt the Ordinance.
Advisory Board Recommendation:
On December 15, 2015, the Planning Board reviewed the proposed ordinance and endorsed it with a
favorable recommendation (Vote of 7-0). Due to a.change in the Title, the matter must be re-noticed
for final Planning Board action and transmittal. The Planning Board ratified its recommendation after a
public hearing on January 26, 2016 and transmitted the item to the City Commission with a favorable
recommendation, inclusive four modifications that were suggested by staff(Vote of 7-0)
Financial Information: •
Source of Amount . Account
Funds: .
2
OBPI Total •
Financial Impact Summary:.
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact.(at least 5 years) of proposed legislative actions," this shall confirm
that the C ity Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
Department Director A A.sis/'•nt City er City Manager
't-J e4/14/ 1 '
T:\AGENDA\2016\February\Planning\Sustainab. y and Res'iency Ordinance-SECOND Re.• • SUM.docx
MIAMI BEAC H AGENDA ITEM RS .
DATE (01 fo
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City f ommission
FROM: Jimmy L. Morales, City Manager ��
DATE: February 10, 2016 SECOND READING — PUBLIC HEARING
SUBJECT: Ordinance Amendment—Sustain. bility and Resiliency
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR'S) OF THE CITY CODE, BY ESTABLISHING CHAPTER
133, ENTITLED "SUSTAINABILITY AND RESILIENCY;" ESTABLISHING
REQUIREMENTS FOR GREEN BUILDING CERTIFICATION AS A
REQUIREMENT DURING ZONING REVIEW OF NEW PROJECTS OVER A
CERTAIN SIZE ("ELIGIBLE PROJECT(S)"); ESTABLISHING A
SUSTAINABILITY FEE PROGRAM FOR PROJECTS THAT DO NOT ACHIEVE
THE REQUIRED GREEN BUILDING CERTIFICATION LEVEL; AUTHORIZING
PROPERTY OWNERS AND DEVELOPERS TO PAY A SUSTAINABILITY FEE,
OR, IN THE ALTERNATIVE, POST A BOND, IN THE AMOUNT OF FIVE
PERCENT (5%) OF THE TOTAL CONSTRUCTION COST FOR THE ELIGIBLE
PROJECT(S), INTO THE CITY'S SUSTAINABILITY FUND, WHICH BOND OR
FUNDS ARE REIMBURSABLE TO THE PROPERTY OWNER OR DEVELOPER
PURSUANT TO THE LEVEL OF GREEN BUILDING COMPLIANCE ACHIEVED
BY THE "ELIGIBLE PROJECT"; ESTABLISHING A SUSTAINABILITY AND
RESILIENCY FUND FOR THE DEPOSIT OF THE SUSTAINABILITY FEES
GENERATED THROUGH THE SUSTAINABILITY FEE PROGRAM, AND
PROVIDING THE USES FOR WHICH THE FEES DEPOSITED IN THE
SUSTAINABILITY AND RESILIENCY FUND CAN BE USED; AND REPEALING
CHAPTER 100, ENTITLED "SUSTAINABILITY" AS DUPLICATIVE AND
CONTRADICTORY TO THE SUSTAINABILITY AND RESILIENCY REVISIONS
OF CHAPTER 133; PROVIDING FOR REVIEW; APPLICABILITY;
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance with modifications.
BACKGROUND
On April 15, 2015, at the request of Commissioner Micky Steinberg, the City Commission referred
an item to the Sustainability and Resiliency Committee, regarding the provision of renewable
energy sources in new construction projects (Item C4G). On May 6, 2015, at the request of
Commissioner Micky Steinberg, the City Commission referred the item to the Land Use and
Commission Memorandum
Ordinance Amendments—Sustainability and Resiliency
February 10, 2016 Page 2 of 8
Development Committee (Item C4H).
On June 24, 2015, the Sustainability and Resiliency Committee discussed the item and continued
it to the July 22, 2015 meeting. On July 22, 2015, the Sustainability and Resiliency Committee
discussed the item and recommended in favor of the item with a modification that LEED
requirements apply to large scale single-family residences, as well as commercial new
construction. Staff was also directed to research the average square footage of a single-family
residence to determine the appropriate threshold.
On June 17, 2015, the Land Use and Development Committee continued the item to the July 29,
2015 meeting. On July 29, 2015, the Land Use and Development Committee recommended that
the City Commission refer the attached Ordinance Amendment to the Planning Board, with a
modification that the applicable square footage be reduced to 7,000 square feet. The Land Use
Committee also requested that focus groups be convened for additional input, prior to the matter
being considered by the Planning Board.
On September 2, 2015, the City Commission referred the item to the Planning Board (Item C4E).
On November 4, 2015, upon the recommendation on the Land Use and Development Committee,
a focus group meeting was held with developers and other affected parties to discuss the impact of
the proposed Ordinance amendment on development in the City.
On October 27, 2015, the Planning Board continued the item (File No. 2290) to the November 24,
2015 meeting. On November 24, 2015, the Planning Board continued the item to the December
15, 2015 meeting.
On December 15, 2015, the Planning Board withdrew File No. 2290A and replaced it with File No.
2290B, in order to incorporate an updated title for the proposed Ordinance amendment. The
Planning Board then discussed File No. 2290B, provided a tentative favorable recommendation,
and continued the item to January 26, 2016 for final ratification of the recommendation.
On January 13, 2016, the City Commission 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; 2) approved the attached Ordinance at First
Reading; and 3) scheduled a Second Reading Public Hearing for February 10, 2016.
ANALYSIS
According to the U.S. Environmental Protection Agency (EPA), existing buildings are one of the
biggest contributors to environmental pollution in the U.S., accounting for 40 percent of total energy
use, 72 percent electricity consumption, 39 percent of the carbon dioxide emissions, and 13
percent of total water consumption.
The U.S. Green Building Council (USGBC) has developed Leadership in Energy and
Environmental Design (LEED) green building rating system to address design and construction
activities to improve energy efficiency and sustainability of residential and commercial buildings.
LEED certified buildings save money and resources and have a positive impact on the health of
occupants, while promoting renewable, clean energy.
Additionally, the International Living Future Institute developed an international sustainable building
certification program called the Living Building Challenge. The Living Building Challenge is the
built environment's most rigorous performance standard, which calls for the creation of building
projects at all scales that operate as cleanly, beautifully and efficiently as nature's architecture.
Commission Memorandum
Ordinance Amendments—Sustainability and Resiliency
February 10, 2016 Page 3 of 8
Staff has developed a draft ordinance, establishing regulations and procedures that will help the
city become more resilient and strongly encourage green building. Green Building Certification
promotes efficient design, construction, operation, maintenance and deconstruction of buildings
and site development. The green building provisions are designed to achieve the following
objectives:
(1) Increase energy efficiency in buildings;
(2) Encourage water and resource conservation;
(3) Reduce waste generated by construction projects;
(4) Reduce long-term building operating and maintenance costs;
(5) Improve indoor air quality and occupant health;
(6) Contribute to meeting state and local commitments to reduce greenhouse gas production
and emissions; and
(7) Encourage sound urban planning principles.
There were concerns regarding the impact of this program on single-family residential properties.
An analysis of the single family homes that have been approved by the Design Review Board or
have an approved building permit over the six months prior to September indicates that the
average size of new homes is expected to be 6,452 square feet; the median size is 5,165 square
feet; and the top 25% of homes are larger than 7,186 square feet. It is suggested that larger
homes, which will have the greatest environmental impact, be built to Green Building standards in
order to mitigate their impact. As a result, the proposed ordinance proposes applies to the
following types of development:
(1) All new construction that proposes over 7,000 square feet of construction of a structure; or
(2) Ground floor additions (whether attached or detached) to existing structures that
encompass over 10,000 square feet of additional floor area.
Sustainability Fee Program
In order to achieve green building standards, the proposed ordinance requires the payment of a
Sustainability Fee for eligible buildings prior to obtaining a Temporary Certificate of Occupancy
(TCO), Certificate of Occupancy (CO), or Certificate of Completion (CC). This fee is set as a five
(5%) percent of the construction valuation. The proposed fee is based on research that indicates
that this is the average cost of achieving LEED Gold Certification. The proposed ordinance then
provides for refunds of the fee based upon the level of green building certification achieved. The
level of the refund is detailed in the following table:
Commission Memorandum
Ordinance Amendments—Sustainability and Resiliency
February 10, 2016 Page 4 of 8
Certification Compliance Schedule
Level of Sustainability Fee Reimbursement to
Certification Achieved Participant for meeting certain Green
Building certification levels
0% refund of bond or payment of
Failure to obtain Certification Sustainability fee
50% refund of bond or payment of
LEED Certified Sustainability Fee
66% refund of bond or payment of
LEED Silver Certified Sustain ability Fee
• LEED Gold Certified or
International Living Future
Institute Petals or Net Zero 100% refund of bond or payment of
Energy Certified Sustainability Fee
LEED Platinum Certified or
International Living Future
Institute Living Building 100% refund of bond or payment of
Challenge Certified Sustainability Fee
The level of the refund is based upon the estimated cost of achieving the indicated LEED green
building certification levels. The participant is required to obtain green building certification within a
year of obtaining a Certificate of Occupancy (CO) or Certificate of Completion (CC), with the
possibility of a one year extension, in order to obtain the refund.
The base Living Building Challenge certification provides for a very high level of sustainable
practices that are equivalent, if not more stringent than LEED Gold Certification. Because the
Living Building Challenge provides no equivalent standard to LEED Silver or LEED Certified, no
refund is indicated for the Green Building Challenge at those levels.
Sustainability and Resiliency Fund
The fees collected as part of this program will be used to establish a Sustainability and Resiliency
Fund. These funds will be used to include improvements that increase the resiliency of the City
such as:
(1) Environmental restoration projects;
(2) Environmental remediation projects;
(3) Environmental monitoring;
(4) Green infrastructure;
(5) Enhanced storm water quality and quantity improvements; and/or
(6) Sustainability planning efforts.
The Sustainability and Resiliency Fund could therefore be used to fund resiliency projects such as
living shorelines, water quality monitoring, soil remediation, and establishing alternative forms of
energy. It could also be used to supplement resiliency elements of existing capital improvement
Commission Memorandum
Ordinance Amendments—Sustainability and Resiliency
February 10, 2016 Page 5 of 8
projects including incorporating bioswales and urban trees into existing street scape projects, water
conservation irrigation systems, and enhanced water quality elements into future storm water and
greywater projects.
Review
The proposed ordinance would require that within 15 months of the effective date of the Ordinance
a progress report be submitted to the City Commission to review the success on the regulations.
Such review at minimum shall address the following:
(1) Whether the sustainability requirements sufficiently respond to the climate of Miami Beach;
(2) The effectiveness of the Sustainability Fee; and
(3) The effectiveness of the review procedures.
PLANNING BOARD REVIEW
On December 15, 2015, the Planning Board reviewed the proposed ordinance and endorsed it with
a favorable recommendation. Due to a change in the Title, the matter was re-noticed for final
Planning Board action and transmittal. The Planning Board ratified its recommendation after a
public hearing on January 26, 2016 and transmitted the item to the City Commission with a
favorable recommendation, inclusive four modifications that were suggested by staff. The
modifications are identified in the update section of the memorandum.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least five years) of proposed legislative actions," this
shall confirm that the City Administration City Administration evaluated the long term economic
impact (at least five years) of this proposed legislative action. The proposed ordinance is not
expected to have a negative fiscal impact upon the City.
UPDATE
At first reading approval of the proposed ordinance on January 13, 2016, the City Commission
requested that staff research the cost and timeframes associated with the review for green building
certification. The USGBC's current fee for LEED Certification standard review of a building that is
less than 50,000 square feet, excluding parking, is approximately $3,150 for USGBC members.
The current fee for buildings over 50,000 square feet, excluding parking, is $0.045 per square foot,
in addition to a $900 registration fee. Therefore, a 100,000 square foot building could expect a fee
of $5,400 from the USGBC. There may be additional costs should the applicant wish to hire a
green building consultant; however, many architects are already certified by green building
agencies and are able to design sustainable and resilient buildings without the need for additional
consultants. The standard review time for plans is 20 to 25 business days; however, the applicant
may request an expedited review of 10 to 12 business days for an additional $10,000.
As it relates to the overall cost to the overall project, the implementation of LEED standards can
vary widely, depending upon the credits sought. In addition, the cost of achieving certain credits
can vary depending on the size of the building, location, and uses provided. Research indicates
that the overall estimated cost of achieving LEED Gold certification varies between 0.3 and five
percent above the cost of a project that did not seek any certification.
Additional research was performed regarding the credits that will be available to developers in the
City. By virtue of the walkable, mixed-use nature of Miami Beach and existing zoning, building,
Commission Memorandum
Ordinance Amendments—Sustainability and Resiliency
February 10, 2016 Page 6 of 8
plumbing, and stormwater requirements, many developers will find that they will automatically be
eligible for 15 to 16 credits out of the 60 required credits (25 to 27 percent) along with several of
the prerequisites necessary to achieve LEED Gold Certification.
Finally, the Commission also requested that local green building certification options be identified.
Since the City does not have the authority to amend the Florida Building Code, such an option
would involve an amendment to the Land Development Regulations. The City could adopt
standards similar to those used by the USGBC; however, the City's departments involved in land
development presently do not have the expertise necessary should such an option be desired.
This includes experts in energy modeling, energy optimization, refrigerant management,
indoor/outdoor water efficiency, product and raw material sourcing, building material reuse, and
indoor air quality. Additional staff would also be necessary for environmental site assessment and
remediation. In addition, as technology is constantly changing, there would be a need for
continuing education and updating of the adopted standards.
Proposed Modifications
Additional feedback was sought out from developers and green building consultants in regards to
the impacts of the proposed ordinance. Based on the feedback, the following modifications are
suggested to the proposed ordinance, which were transmitted to the City Commission with a
favorable recommendation by the Planning Board:
(1) Modify the definition of "LEED" from the "most recent" edition to an "effective"
edition. This modification will ensure that there are no discrepancies when a new version
of LEED standards is released and a prior version is still active.
(2) Clarify the titles for the International Living Future Institute certifications in the
Certification Compliance Schedule. This modification corrects the names for the
certification types available from the International Future Living Institute.
(3) Modify when the Sustainability Fee is due from prior to obtaining "Building Permit"
to prior to obtaining "Temporary Certificate of Occupancy (TCO), Certificate of
Occupancy (CO) or Certificate of Completion (CC), whichever comes first."
Subsequent to discussions with stakeholders, it became apparent that obtaining financing
for the Sustainability Fee prior to obtaining a building permit may prove difficult, as several
financial institutions do not release funds until a building permit is issued. The proposed
modification addresses that concern. In addition, it may be possible for green building
certification to be obtained prior to the TCO, CO or CC application, allowing for the
possibility that collection of a Sustainability Fee not be necessary or that the fee be reduced
based on the level of compliance achieved.
(4) Increase the length of the extension of refund period from six months to one year.
This modification is recommended in case there any unforeseen events in the construction
process that may extend the certification timeframe.
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance with the following
amendments:
(1) Modify the definition of "LEED" from the "most recent" edition to an "effective"
edition, as follows:
Commission Memorandum
Ordinance Amendments—Sustainability and Resiliency
February 10, 2016 Page 7 of 8
Sec. 133-1 — Definitions.
LEED means the most recent an effective edition of the Leadershi• in Ener• and
Environmental Design (LEED) Green Building Rating System for Building Design and
Construction or Homes, as applicable, of the United States Green Building Council
(USGBC).
(2) Clarify the titles for the International Living Future Institute certifications in the
Certification Compliance Schedule, as follows:
Sec. 133-6. —Sustainability Fee Calculation.
* * *
Certification Compliance Schedule
Level of Sustainability Fee Reimbursement
Certification Achieved to Participant for meeting certain
Green Building certification levels
0% refund of bond or payment of
Failure to obtain Certification Sustainability fee
50% refund of bond or payment of
LEED Certified Sustainabilit Fee
66% refund of bond or payment of
LEED Silver Certified Sustainabilit Fee
LEED Gold Certified or g
International Living Future Institute 100% refund of bond or payment
Petals or Net Zero Ener• Certified of Sustainability Fee
LEED Platinum Certified or
International Living Future Institute 100% refund of bond or payment
Living Building Challenge Certified of Sustainability Fee,
(3) Modify when the Sustainability Fee is due from prior to obtaining "Building Permit"
to prior to obtaining "Temporary Certificate of Occupancy (TCO), Certificate of
Occupancy (CO) or Certificate of Completion (CC), whichever comes first," as
follows:
Sec. 133-6. —Sustainability Fee Calculation.
(a) In order to obtain a building a +t Temporary Certificate of Occupancy (TCO),
Certificate of Occu'arm CO or Certificate of Corn•le ion CC whichever comes first
the eligible participant must first post a Sustainability Fee payment bond or issue full
payment of the Sustainability Fee to the City. The Sustainability Fee shall be valued at
five percent (5%) of the total construction valuation of the building permit. However, the
eligible participant may be entitled to a refund or partial refund, of the bond, or payment
of the Sustainability Fee, based upon achieving the program certification levels in the
compliance schedule below:
* * *
If the proof of green building certification is provided prior to the obtaining a CC or CO.
Commission Memorandum '
Ordinance Amendments—Sustainability and Resiliency
February 10, 2016 Page 8 of 8
the "Sustainability Fee" shall be in the full amount identified above, minus the refund for
the level of green building certification achieved identified in the Certification
Compliance Schedule.
The Sustainability Fee shall be valuated upon the eligible participant's submittal at time
of application for building buildingz Temporary Certificate of Occupancy (TCO), Certificate
of Occupancy (CO) or Certificate of Completion (CC). whichever comes first,, upon
review b the •lannln• de artment durin• zonln• review of the sermit certifica e. The
Sustainability Fee bond or full payment shall be provided by participant prior to
obtaining a Temporary Certificate of Occupancy (TCO), Certificate of occupancy (CO)
or Certificate of Completion, whichever comes first. er-mit.
Sec. 133-7 — Review Procedures.
(a) Prior to obtaining a S er-mit Temporary Certificate of Occupancy, Certificate of
Occu•anc CO or Certificate of Corn•letion CC whichever comes first the •ualif in•
projects shall post a bond with the City, or in the alternative, provide a payment to the
City, in the amount of the "Sustainability Fee" identified in Section 133-6(a).
(4) Increase the length of the extension of refund period from six months to one year, as
follows:
Sec. 133-7 — Review Procedures.
The Planning Director may approve, upon the request of the eligible participant, a
one-time •• e- - one 1 ear extension •rovided •roof that the •reen buildin•
certification agency's review remains pending to determine final certification.
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