C4E-Ref- PB - Create Ch 133 Sustainability And Resiliency -Steinberg-Grieco-MIAMIBEACH
City of Miomi Beoch, ,I700 Convention Cenier Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: September 2,2015
f the City
CREATING CHAPTER 133 IN THE LAND DEVELOPMENT REGULATIONS OF
THE CITY CODE PERTAINING TO SUSTAINABILITY AND RESILIENCY
ADMI NISTRATION RECOMM EN DATION
Refer the proposed Ordinance Amendment to the Planning Board for consideration and
recommendation.
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 (ltem C4G). On May 6, 2015, at the request of
Commissioner Micky Steinberg, the City Commission referred the item to the Land Use and
Development Committee (ltem 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.
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
Agenda ltem C VE =Date a-d- /{-234
Commission Memorandum
Refenal to Planning Board - Sustainability and Resiliency Ordinance
September 2, 201 5 Page 2 ol 3
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.
Required LEED Certification
Staff has developed a draft ordinance, establishing regulations and procedures that will help the
city become more resilient. This ordinance creates environmental standards for new development
by requiring that all new construction be LEED Gold certified or better. LEED 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:o lncrease energy efficiency in buildings;o Encourage water and resource conservation;o Reduce waste generated by construction projects;o Reduce long{erm building operating and maintenance costs;. lmprove indoor air quality and occupant health;. Contribute to meeting the state and local commitments to reduce greenhouse gas
production and emissions.
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 last sixth months 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 average
size of the top 25o/o of homes is 7,186 square feet. lt is suggested that larger homes which will
have the greatest environmental impact could be built to LEED standards in order to mitigate their
impact.
The proposed ordinance proposes that the following types of development at a minimum be
certified as LEED Gold by the USGBC:
1. All new construction over 7,000 square feet;
2. Additions over 10,000 square feet; and
3. Rehabilitations of buildings larger than 10,000 square feet that exceed 50 percent of
the building value.
Sustainability Fee Prooram
ln lieu of achieving LEED Gold certification, properties can elect to pay a sustainability fee. This
fee is set as a percentage of the cost of construction. The proposed ordinance sets the
percentage based on the level of LEED Gold certification, as follows:
Level of LEED
Certification Ach ieved
Fee in Lieu of LEED Gold
Certification
(Percentage of Construction Cost)
No Certification 5.0%
LEED Certified or Equivalent 2.5o/o
LEED Silver Certified or Equivalent 1.70/o
LEED Gold Certified or Equivalent 0.0%
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Commission Memorandum
Referral to Planning Board - Sustainability and Resiliency Qrdinance
September2,2015 Page 3 ot 3
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,6. Sustainabilityplanning efforts.
The Sustainability and Resiliency Fund will also be used to fund new resiliency projects such as:
living shorelines, water quality monitoring, soil remediation and establishing alternative forms of
energy sources, such as solar. lt could also be used to supplement resiliency elements of existing
capital improvement 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.
The proposed ordinance would require that within fifteen 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; and
2. The effectiveness of the Sustainability Fee; and3. The effectiveness of the review procedures.
CONCLUSION
ln accordance with the July 29, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
attached Ordinance Amendment to the Planning Board.
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SUSTAINABILITY AND RESILIENCY
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE C!ry OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATTONS (LDR'S) OF THE CtTy GODE, By ESTABLISHTNG CHAPTER133, "SUSTAINABILITY AND RES!LlENCy," By ESTABLTSHTNG
REQUIREMENTS FOR LEED GOLD CERTIFICATION, ESTABLISHING A
SUSTAINABIL!ry FEE PROGRAM FOR PROJECTS THAT DO NOT ACHIEVETHE REQUIRED LEED CERTIFICATION, ESTABLISHING A
SUSTAINABIL!ry AND RESILIENCY FUND FOR THE DEPOSIT OF FUNDS
GENERATED THROUGH THE SUSTAINABILITY FEE PROGRAM, AND
PROVIDING THE USES FOR WHICH THE REVENUE DEPOSITED IN THE
SUSTAINABILITY AND RESILIENCY FUND CAN BE USED; 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 reduce demand for energy and greenhouse gas emissions; and
WHEREAS, the Leadership in Energy & Environmental Design (LEED), is a green
building certification program that recognizes best-in-class building strategies and practices; and
WHEREAS, LEED certified buildings save money and resources and have a positive
impact on the health of occupants, while promoting renewable, clean energy; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY COMMISSTON OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter l33, "Sustainability and Resiliency," is hereby established in the
Land Development Regulations of the Code of the City of Miami Beach, FL as follows:
Ghapter 133 - SUSTAINABILITY AND RESILIENCY
ARTICLE I. - IN GENERAL
Sec. {33-i - Definitions.
237
The followinq words. terms and phrases, when used in this article. shall have the
meanino ascribed to them in this section. except where the context clearlv indicates a different
meanino. or as may be amended from time to time.
EutTdrno means anv structure havinq a roof supported by columns or walls for the shelter
or enclosure of persons or property and includes the word structure and includes anv part
thereof.
Cify means City of Miami Beach.
Consfrucfion means any proiect associated with the creation. development. or erectionof anv bullding elioible for lhe orooram. Enhanced storm water quality and quantity
mprovemenfs means proiects that auqment water quality and quantity bv: reducinq polluted
runoff: advancinq oroundwater recharoe. soil infiltration and erosion control: and restorinq
habitat.
EnvtTonmenfal monrtonnq means periodic or continuous surveillance or testino to
determine the level of compliance with statutorv requirements and/or pollutant levels in various
media (air. soil. water) or biota. as well as to derive knowledoe from this process. Examples of
environmental monitorino include. but are not limited to: water quality samplinq and monitorinq.
qroundwater testing and monitorinq. habitat monitorinq. etc.
Envffonmenfal remedrafibn means clean-up of, or mitioation for, air. soil or water
contamination from the Citv's solid waste manaqement system and those facilities for which the
City is leqally responsible for environmental clean-up or mitioation.
Envrronmenfal resforafion means the return of an ecosystem to a close approximation of
its condition prior to disturbance.
Escrow means an interest bearino bank account manaqed by the Citv, for the purpose of
ensurinq that Sustainability Fees are satisfied by development that does not meet sustainability
requirements, where the interest qenerated bv the account shall be kept by the Citv in order to
offset the costs of administering said account.
Green rnfrasfrucfure means both the natural environment and enoineered systems to
provide clean water. conserve ecosvstem values and functions, and provide a wide arrav of
benefits to people and wildlife. Green infrastructure uses veqetation. soils, and natural
processes to manaoe natural resources and create healthier urban environments. Examples of
qreen infrastructure practices include. but are not limited to: riqht-of-wav bioswales, qreen roofs,
blue roofs, rain qardens. permeable pavements. infiltration planters. trees and tree
boxes. rainwater harvestino svstems.
LEED means Leadership in Eneroy and Environmental Desiqn (LEED) Green Buildino
Ratinq System for Buildinq Desiqn and Construction. which is applicable to New Construction
and Major Renovations. or other recoqnized oreen buildino ratino system approved bv
resolution of the City Commission.
LEED Scorecard means a quide to assist in determininq the total project score and
achievable credits at the inception of a LEED Project. or equivalent document as part of another
buildinq proqram approved bv resolution of the citv commission.
238
USGBC means the United States Green Buildino Council, or other recoqnized oreen
buildinq proqram approved by resolution of the city commission.
Sec. 133-2. - Purpose.
The purpose of this chapter is to establish requlations and procedures that will help the
city become a more sustainable and resilient communitv by encouraqinq sustainable
development. This chapter shall define and establish new environmental goals and standards
for a LEED certification-based oreen buildinq prosram. This will promote economic and
environmental health of the city. throuoh sustainable and environmentally friendly desion and
construction. This ordinance shall define and establish new environmental ooals and standards
for a LEED certification-based qreen buildinq proqram throuqh efficient desion. construction,
operation. maintenance and deconstruction of buildinqs and site development bv incorporatinq
qreen buildinq practices and materials. The qreen building provisions are desioned to achieve
the followinq objectives:
1. lncrease eneroy efficiencv in buildinqs: and
2. Encouraqe water and resource conservation: and
3. Reduce waste qenerated by construction projects: and
4. Reduce lono-term buildino operatinq and maintenance costs: and
5. lmprove indoor air quality and occupant health: and
6. Contribute to meetinq state and local commitments to reduce oreenhouse oas production
and emissions.
ARTIGLE II. - GREEN BUILD!NG REQUIREMENTS
Sec. 133-31. - Sustainabilitv Requirements.
1. The followinq types of development, shall at a minimum be certified as Gold by the USGBC
LEED standards:
a. All new construction over 7.000 square feet. or
b. Additions over 10.000 square feet to existinq buildinqs. or
c. Rehabilitation of buildinqs larqer than 10.000 square feet. which exceeds 50 percent of
the buildinq value.
Sec. 133-32 - Review Procedures.
239
1. At the time of Buildino Permit application, the owner shall submit:
a. Proof of reoistration with the USGBC:
L A siqned and sealed affidavit from a LEED Accredited Professional. or applicable
desiqnation professional. statinq that the proposed buildinq is desiqned to achieve
the required certification: or
ii. lf the proposed buildino is not anticipated to achieve the minimum level of
certification required in section 133-31, then participation in the Sustainability Fee
Prooram. pursuant to Chapter 133. Article lll. is required.
b. A LEED Scorecard identifyinq anticipated credits to be achieved.
c. The applicant shall post a bond or make a deposit to be held in escrow. in the amount
equivalent to the fee for "No Certification" as described in section 133-52 (1).
2. Within one vear from the receipt of a Certificate of Occupancy. the owner shall submit proof
of LEED certification by the Green Buildinq Certification lnstitute.
a. lf the proposed buildino does not achieve the required level of LEED certification within
the allotted timeframe. then the bond or funds held in escrow shall be utilized for
participation in the Sustainability Fee Prooram. pursuant to Chapter 133. Article lll.
b. The Planninq Director mav approve a one-time 6-month extension for qood cause upon
the request of the applicant.
ARTICLE III. - SUSTAINABILITY FEE PROGRAM
Sec. 133-51. - Generallv.
A Sustainabilitv Fee may be paid to the City in lieu of achievino the level of LEED
certification required in Section 133-31 from the bond or funds in escrow that are required at the
time of Buildinq Permit application.
Sec. 133-52. - SustainabiliW Fee Calculation.
1. The fee is set as a percentaoe of the cost of construction as approved bv the Buildinq
Official or their desiqnee. The percentaqe to be paid is based on the level of LEED
certification required in Sec. 133-31. based on the followinq schedule:
Level of LEED
Certification Achieved
Fee in Lieu of LEED Gold Certification
(Percentaqe of Construction Cost)
No Certification 5.Oo/o
LEED Certified or Equivalent 2.5o/o
LEED Silver Certified or Eouivalent 1.70/o
LEED Gold Certified or Equivalent O.Oo/o
240
2. The Sustainabilitv Fee shall be evaluated and assessed (if necessary) upon the applicant's
submittal of proof of LEED certification by the Green Buildinq Certification lnstitute pursuant
to Section 133-32 (2).
a. lf the level of LEED certification required bv Section 133-31 is achieved within the
allottedtimeframe, the bond orthefunds in escrowdescribed in Section 133-32 (1) shall
be returned in full to the applicant.
b. lf a level of LEED certification lower than that which is required by Section 133-31 is
achieved within the allotted timeframe. then only such portion of the bond or funds in
escrow described in Section 133-32 (1) necessarv to satisfy the Sustainabilitv Fee for
the level of certification achieved shall be forfeited to the Citv. with the remainder beinq
returned to the applicant.
c. lf proof of final LEED certification is not provided to the City within the allotted timeframe.
then the entire bond orfunds in escrow described in Section 133-32 (1) shall be forfeited
to the City.
Sec. 133-54 - Deposit of funds: account.
1. The City shall establish a Sustainability and Resiliencv Fund. The revenue oenerated
throuqh the Sustainabilitv Fee Proqram shall be deposited in the Sustainabilitv and
Resiliency Fund.
a. The Sustainabilitv and Resiliency Fund shall be established as interest-bearino accounts
in a bank authorized to receive deposits of city funds. lnterest earned bv account shall
be credited to that account and shall be used solely for the purposes specified for funds
of such account.
2. Revenue in the Sustainabilitv and Resiliency Fund shall be utilized to provide improvements
that increase the environmental sustainabilitv and resiliency of the City. Expenditures from
these funds shall require citv commission approval. upon the recommendation of the
Environment and Sustainability Division.
3. Such improvements that increase the resiliency of the City mav include:
a. Environmental restoration proiects
b. Environmental remediation proiects
c. Environmental monitorino
d. Green infrastructure
e. Enhanced storm water quality and quantitv improvements
f. Sustainabilityplanninqefforts
SECTION 2. REVIEW.
241
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. lf the sustainability requirements sufficiently respond to the climate of Miami Beach.
2. The effectiveness of the Sustainability Fee at encouraging sustainable development.
3. The effectiveness of review procedures.
SEGTION 3. APPLICABILIry.
This Ordinance shall not apply to developments that have an active land use board
approval or that have been issued a building permit process number prior to the effective date of
this Ordinance.
SEGTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SEGTION 5. CODIFIGATION.
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 6. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SEGTION 7. EFFECTIVE DATE.
This Ordinance shalltake effect ten (10) days following adoption.
PASSED and ADOPTED this day of
ATTEST:
GIry CLERK
First Reading:
Second Reading:
2015.
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
First Reading:
Second Reading:
2015
2015
City Attorney Date
242
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+ril<*nreugh denotes deleted language
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Ordinance Draft.docx
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