| | | | | | | |  | Ordinances - R5 W
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | June 7, 2017 | | | | First Reading
| | SUBJECT: | NONCONFORMING BUILDINGS - SUSTAINABILITY REQUIREMENTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING ARTICLE IX, "NONCONFORMANCES,” TO CLARIFY AND UPDATE CERTAIN TERMS AND DESCRIPTIONS, AND TO PROVIDE MORE DEFINED PARAMETERS FOR WHAT CONSTITUTES A NONCONFORMING STRUCTURE, AND TO ESTABLISH REVISED STANDARDS FOR NON-CONFORMING STRUCTURES; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for July 26, 2017. |
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| | | | | | | | ANALYSIS
| BACKGROUND
On January 17, 2017, the Mayor’s Blue Ribbon Panel on Sea Level Rise discussed the attached Ordinance amendment and recommended that the City Commission refer it to the Land Use and Development Committee and Planning Board. Commissioners John Elizabeth Alemán and Joy Malakoff are the sponsors of the item.
On February 8, 2017, the City Commission referred the proposed Ordinance amendment to the Land Use and Development Committee (Item C4 F). The amendment was simultaneously referred to the Planning Board. Commissioners John Elizabeth Alemán and Joy Malakoff are the sponsors of the item.
On February 15, 2017, the Land Use Committee discussed the item and continued it to a date certain of March 8, 2017. On March 7, 2017, a modified version of the ordinance was presented to the Mayor’s Blue Ribbon Panel on Sea Level Rise. The Blue Ribbon Panel recommended that the ordinance be adopted.
On March 8, 2017, the Land Use and Development Committee discussed the modified ordinance and continued it to a date certain of April 19, 2017. On April 19, 2017, Land Use and Development Committee reviewed the revised ordinance and recommended that the Planning Board transmit the ordinance to the City Commission with a favorable recommendation.
PLANNING ANALYSIS
Section 118-395 defines the procedures for the retention of nonconforming structures that are being renovated. The section has several requirements for existing structures undergoing a renovation both below and in excess of 50% of the value of the structure, specifically as it pertains to nonconforming development attributes such as floor area, height, setbacks, and parking credits.
The proposed ordinance would require that certain buildings undergoing a substantial renovation, in excess of 50% of the value of the structure, be subject to the Sustainability and Resiliency Requirements of Chapter 133 of the City Code with some modifications.
Chapter 133 requires a minimum of LEED Gold Certification, or the payment of a fee of five percent (5%) of construction value. The percentage is based on research indicating the estimated cost of achieving the applicable level of certification. In order to not overly burden historic structures undergoing a renovation, the regulations requiring compliance with the Sustainability and Resiliency Requirements of Chapter 133 for projects undergoing a substantial renovation were modified.
Specifically, contributing buildings within a designated historic district or site would be exempt from the requirements of Chapter 133. Buildings located outside of an historic district or site, constructed prior to 1965 and determined to be architecturally significant would be subject to the Sustainability and Resiliency Requirements; however, the fee would be set at three percent (3%) of construction value and a full refund would be provided if the project achieves LEED Silver Certification or higher. The 5% fee requirement of Chapter 133 would still apply to existing non-contributing buildings located within an historic district or site, as well as non-architecturally significant and post 1965 buildings located outside of a historic district or site.
PLANNING BOARD REVIEW
On May 23, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission, with a favorable recommendation.
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for July 26, 2017. |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioners John Elizabeth Aleman and Joy Malakoff |
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