SECTION 2 RFQ SCOPE OF SERVICES 2.1. Purpose The City of Miami ( City ) is seeking to procure a qualified and experienced professional consulting

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1 SECTION 2 RFQ SCOPE OF SERVICES 2.1. Purpose The City of Miai ( City ) is seeking to procure a qualified and experienced professional consulting fir to work in conjunction with City staff to identify opportunities for strengthening the City s codes, standards, and land use plans by ainstreaing considerations therein for increasing resilience to and iniizing risk fro (a) flooding events including tidal, rainfall and stor surge events and especially taking into account how sea level rise ay worsen these ipacts, and (b) extended power outages. These actions are critical for protecting the City s assets and infrastructure, econoic viability, and its residents, especially the poor and vulnerable. The professional services rendered shall: a) Evaluate increased pluvial, fluvial, tidal and stor surge flooding risks that will be articulated in the updated Storwater Master Plan and vulnerability analysis conducted to prepare the Peril of Flood Aendent for the City s Coprehensive Plan and provide recoendations to iprove the resilience of both coastal and upland zones and infrastructure, as well as the existing ecosyste to itigate the harful ipacts of sea level rise associated flooding events. b) Incorporate and deploy a robust and inclusive stakeholder engageent strategy for input into any recoended changes to the City s applicable codes, standards, and land use plans c) Analyze, odel and provide recoendations to reduce ipact of flooding events on Miai s urban/built environent. d) Analyze, odel and provide recoendations to recalibrate in applicable codes standards, and regulations for building and adapting existing structures to increase resilience to flooding events exacerbated by sea level rise including, but not liited to elevation requireents, onsite drainage and storwater storage/reuse requireents, first floor elevation flexibility, elevating critical equipent etc. e) Analyze the feasibility of establishing Adaptation Action Areas, Eco-Districts or siilar designated special areas f) Modify redevelopent standards and design criteria for the City s applicable codes and standards g) Analyze and odel potential econoic ipacts fro all recoended changes to the City s applicable codes and standards

2 2.2. Project Background On April , the Miai City Coission unaniously passed a resolution to ipleent the recoendations of the City of Miai Sea Level Rise Coittee for advancing the City s resilience by retaining outside resources to refor the City s codes and standards, notably Miai 21, to better address the increased flooding risks associated with sea level rise and ensuring a robust and coprehensive engageent process of all the City s stakeholders be a critical coponent of this work. In 2010, the City adopted its new zoning code, Miai21. The developent of the Miai 21 zoning code was guided by the tenants of new urbanis and sart growth principles, and entailed a holistic approach to land use and urban planning so that future generations can reap the benefits of well-balanced neighborhoods and rich quality of life. This award-winning for-based Code is widely celebrated for pioneering the use of zoning ethods by cities that focus on for and function and its developent reflected a period of unprecedented growth and the need for the City to address historic sprawl, autoobile dependency and use-segregated counities. In addition, Miai21 was also developed to ensure: sustainability; predictability and efficiency in developent, growth and planning; and, responsible environental stewardship. For these reasons and ore Miai21 is rightfully recognized as one of the best land use codes in the world. However, since its developent, treendous advanceents have been realized in understanding the risks associated with cliate change, and the potential ipact these risks especially sea level rise ay have on Miai s urban environent and future planning. This better grasp of cliate-associated physical risks, cobined with the City s current unprecedented urban renewal and anticipated continued growth, and the various socio-econoic challenges that accopany these changes akes this the ideal tie and opportunity for the City to consider reforing land and building use standards to ensure a ore resilient Miai for all future generations. The City is currently experiencing an unprecedented urban renewal along with increased flood-risk due to cliate change, sea level rise and aging infrastructure. The City is addressing and understanding these vulnerabilities through various easures including but not liited to: partnering with the City of Miai Beach and Miai-Dade County as Greater Miai and the Beaches under the 100 Resilient Cities initiative, pioneered by the Rockefeller foundation; retaining consulting services fro the South Florida Regional Planning Council to assist in developing decision-aking GIS apping tools that will assess increased flood risks; and updating the City s Storwater Master Plan taking sea level rise and into account. (INCLUDE BACKGROUND on Why to include strengthening codes, requireents for suppleental power during outages.. what happened during Ira, Coission Discussions/Resolutions)

3 2.3 Scope of Services A. Proposed Tea The Successful Proposer s Tea shall consist of the following disciplines and be directed by Key Personnel: Lead Urban Planner Structural Engineer Civil Engineer Electrical Engineer Architect Landscape Architect Floodplain anager Stakeholder/counity engageent Econoic and financial risk odeling Personnel with deonstrable experience with working on for-based unicipal codes. B. Project Manager The Successful Proposer shall designate a lead individual, referred to as the Project Manager to anage the Project. The Project Manager shall eet the iniu qualification requireents specified in Section 3.5 (3), Miniu Qualification Requireents. Note: The City, acting by and through its City Manager, as further detailed in Attachent A - Professional Services Agreeent, as ay be aended fro tie to tie, prior to issuance of any Notice to Proceed, or at other reasonable intervals decided by the City Manager, ay elect at the City s discretion, to proceed with the Work on a phased basis.

4 a. Conduct extensive stakeholder engageent including but not liited to charrettes and presentations at publicly advertised eetings, counity eetings and eetings with the Sea Level Rise Coittee. Elaborate on extent of stakeholder engageent upon request of the City to ensure public participation. b. Coordinate teleconferences or eetings with other agencies, unicipalities, interest groups, and advisory coittees to gather pertinent details on relevant opportunities. c. Explore and elaborate on the following preliinary recoendations to iprove the City s codes and standards, including but not liited to: a. Raising building elevation requireents or allowances for properties within a flood zone, and allowing for flexibility in adapting buildings to reduce flood-risk. b. Raising flood sensitive electrical/echanical equipent. c. Raising sea walls and/or recoending other approaches to shoreline protection along waterfront properties, including the use of natural systes and green infrastructure where feasible. d. Given high water table, consider alternative uses and/or strengthening design criteria for baseents and other below grade building eleents in flood prone areas. Evaluate the econoic ipacts of the use or discontinued use of underground parking. e. Taking into consideration aintaining the eleents of sart growth, sustainability and windstor resilience that already exist in the City s codes and standards; explore opportunities for strengthening storwater anageent best practices, drainage and flood itigation for individual properties and neighborhood planning, including but not liited to: i. Further increasing pereability requireents; ii. Requiring storwater catchent and reuse through landscape enhanceents and other non-potable uses; iii. Reinstating, increasing and/or enforcing set back requireents fro all waterfronts; and iv. Revisiting where future density increases are focused within the City. f. Providing resilient developent incentives and flexibility, while ensuring all new developent and significant renovations have current and future flood risks into account building adaptability into the design.

5 g. Investigate creative design opportunities for ground floor areas that ay enhance the streetscape and pedestrian environent, not disrupt it. h. Creating a checklist for Special Area Plans (SAPs), new City construction and RFPs. The final scope of work will be crafted upon selection of a Consultant tea, the City anticipates that the Scope of Work will, at a iniu, address all of the following coponents. The City is also open to suggestions other than those listed below that the Consultant believes would be of value in producing the recoended changes to city codes and standards for SLR resilience. The selected fir(s) will need to be failiar with City codes and standards, building code, for-based codes specifically, restrictions, and processes throughout the project and goals established in existing codes and standards such as Miai21. All deliverables will be subitted to the City in hard copy and original electronic forat (for exaple: Excel, AutoCAD, Word, etc.). All work produced by the consultant for this project will becoe property of the City of Miai, and it is expected that inforation pertinent to this project will be shared freely with all City eployees involved in the project. The Scope of Work includes, but is not liited to: 1) Codes and Standards Review and Evaluation Phase; 2) Developent of Counity Outreach, Public Input Process, and Consensus Building 3) Presentation to City Coission and Sea Level Rise Coittee; Iportance is placed on effective counity outreach and public input that axiizes opportunities to develop a counity consensus for the proposed recoendations. The City would like to ensure that the ajority of the needs identified by the counity are effectively addressed. It is anticipated that iniu of four (4) counity eetings (estiated eight [8] hours total) will be required in addition to other outreach efforts. The Consultant shall address each of the following phases by describing how the fir would eet the written criteria. Include experience and exaples of siilar work perfored and/or provide inforation on subcontractor s experience. 1) Code and standards Review and Evaluation Phase This phase will include

6 2) Developent of Counity Outreach, Public Input Process, and Consensus Building This phase ebarks on the counity outreach process, seeking stakeholder input and support for the odifying codes and standards for SLR resilience. This phase also solicits counity coent on how the odifications should be developed to eet the needs of residents, business owners and other stakeholders. The counity outreach, public input, and consensus building effort will be integral to a successful planning and developent process. The recoended changes will reflect public input and counity consensus as endorsed by the City and ajor stakeholders. Stakeholders include, but are not liited to: residents, business owners, and applicable governental agencies. It is essential that the diverse ake-up of the counity is encouraged to participate, and is represented fairly in this process. 3) Presentation to City Coission and Sea Level Rise Coittee for Action Once the recoendations have been drafted, the Consultant will ake a presentation to the City of Miai Sea Level Rise Coittee and City Coission detailing the recoended changes, and the extent of counity outreach and participation in developing the recoended changes. All Work Plan deliverables shall be subitted to the City in hard copy and original electronic forat (for exaple: Excel, AutoCAD, Word, etc.). All work produced by the Successful Proposer for this Project will becoe property of the City of Miai, and it is expected that inforation pertinent to this Project will be shared freely with all City staff involved in the Project, and ade available as a public record, upon request. C. Project Manager The Successful Proposer shall designate a lead individual, referred to as the Project Manager to anage the Project. The Project Manager shall eet the iniu qualification requireents specified in Section 3.5 (3), Miniu Qualification Requireents. Note: The City, acting by and through its City Manager, as further detailed in Attachent A - Professional Services Agreeent, as ay be aended fro tie to tie, prior to issuance of any Notice to Proceed, or at other reasonable intervals decided by the City Manager, ay elect at the City s discretion, to proceed with the Work on a phased basis.

7 SUSTAINABILITY AND RESILIENCY ORDINANCE NO 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 Miai Beach has the authority to enact laws which proote the public health, safety and general welfare of its citizens; and WHEREAS, greenhouse gas eissions are a contributor to sea level rise, which is a threat to public health, safety, and general welfare of the citizens of Miai Beach; and WHEREAS, it is in the best interest of the City to proote the econoic and environental health in the City through sustainable and environentally friendly design and construction which reduces deand for energy and reduces greenhouse gas eissions; and WHEREAS, the United States Green Buildings Council ( USGBC) has developed the Leadership in Energy and Environental Design ( LEED) rating syste that is a consensus based certification progra for design of sustainable buildings; and Page 1 of 16

8 WHEREAS, the LEED green building certification building strategies and practices; and progra recognizes best- in- class WHEREAS, the International Living Future Institute developed an international sustainable building certification progra called the Living Building Challenge, encouraging the Buildings, Landscapes and Counities in countries around the world while creation of Living inspiring, educating and otivating a global audience about the need for fundaental and transforative change; and WHEREAS, the Living Building Challenge is the built environent's ost rigorous perforance 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 aterials, energy, water and other natural resources as well as provide occupants with healthier and ore productive interior environents; and WHEREAS, high perforance sustainable building and developent is a balancing econoic developent with the preservation of quality of life; and eans of WHEREAS, high perforance buildings provide occupants and visitors with a healthier and ore productive environent due to the use of ore natural aterials and this increase in worker productivity can produce enorous econoic benefits, as worker salaries are historically an organization' s largest expense; and WHEREAS, it is in the City' s best interest to encourage the reediation of Brownfield sites, which is further encouraged through the use of green building standards; and WHEREAS, the City's 2025 Coprehensive Plan requires the encourageent of infill and redevelopent that is supportive of obility 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 proxiity to transit, bicycle parking and shower facilities, proxiity to diverse uses, and location of building entrances; and WHEREAS, the City' s 2025 Coprehensive Plan requires open space in conjunction with every new public and private sector developent 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 aintenance costs associated with lower energy consuption, which will iprove the City's long-ter econoic well- being; and WHEREAS, the City of Miai Beach has endorsed the Copact of Mayors pledge to reduce city- level greenhouse gas ( GHG) eissions, to track progress, and to enhance resilience to cliate change, in a consistent and coplientary anner to national level cliate protection efforts; and Page 2 of 16

9 WHEREAS, to eet the requireents of the Copact of Mayor's pledge, the City needs to build and coplete a counity-wide GHG inventory with a breakdown of eissions for buildings and transport sectors, set a target to reduce its GHG eissions, and conduct a cliate change vulnerability assessent; and WHEREAS, green building certifications recognize that built environents provide a wide- range of GHG eissions reduction opportunities, including strategies related to building systes, transportation, water use, construction, aterials, waste anageent, and land cover; and WHEREAS, green building certifications strive to transfor the way buildings and counities are designed, built, and operated, in order to create buildings and counities that are environentally 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 , Florida Statutes is intended to encourage the developent 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 iniu size, or require the payent of a Sustainability Fee, for failing to eet those iniu standards of sustainability; and WHEREAS, the value of the Sustainability Fee is based on the id- range of estiated costs of achieving LEED Gold standards for a construction project; and WHEREAS, the Sustainability Fee is not an ipact fee, but rather a ensure copliance with the green building standards; and echanis to WHEREAS, it is the City' s expectation that developent will coply with the green building standards and that the Sustainability Fee be refunded to the participants; and WHEREAS, should a developent not coply with the green building standards the City will utilize the Sustainability Fee revenue to provide public iproveents 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 accoplish the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. created as follows: That Chapter 133, entitled " Sustainability and Resiliency," of the City Code, is Page 3 of 16

10 Chapter 133 SUSTAINABILITY AND RESILIENCY ARTICLE I. IN GENERAL Sec Definitions. The following words, ters and phrases, when used in this chapter, shall have the eaning ascribed to the in this section, except where the context clearly indicates a different eaning, or as ay be aended fro tie to tie. Construction eans any project associated with the creation, developent, or erection of any structure required to coply with this Chapter. Enhanced stor water quality and quantity iproveents eans projects that augent water quality and quantity by: reducing polluted runoff; advancing groundwater recharge, soil infiltration and erosion control; and restoring habitat. Environental onitoring eans periodic or continuous surveillance or testing to deterine the level of copliance required by the Environental Protection Agency ( EPA), Florida Departent of Environental Protection ( DEP), or Miai- Dade County Departent of Regulatory and Environental Resources ( RER) and/ or pollutant levels in various edia ( air, soil, water) or biota, as well as to derive knowledge fro this process. Exaples of environental onitoring include, but are not liited to: water quality sapling and onitoring, groundwater testing and onitoring, and habitat onitoring. Environental reediation eans clean- up of, or itigation for, air, soil or water containation for which the City is legally responsible for environental clean- up or itigation. Environental restoration eans the return of an ecosyste to a close approxiation of its condition prior to disturbance. Green infrastructure eans both the natural environent and engineered systes to provide clean water, conserve ecosyste values and functions, and provide a wide array of benefits to people and wildlife. Green infrastructure uses vegetation, soils, and natural processes to anage natural resources and create healthier urban environents. Exaples of green infrastructure practices include, but are not liited to: right- of-way bio- swales, green roofs, blue roofs, rain gardens, pereable paveents, infiltration planters, trees and tree boxes, rainwater harvesting systes. Green building eans generally the resource efficient design, construction, and operation of buildings by eploying environentally sensible construction practices, systes and aterials. Green building certification agency eans the United States Green Building Code USGBC) or the International Living Future Institute, as ay be selected by the eligible participants. International Living Future Institute eans a non- profit organization that created an international sustainable building certification progra called The Living Building Challenge. Certification types include Living Building Certification, Petals Certification and Net Zero Energy Building Certification. Page 4 of 16

11 LEED eans an effective edition of the Leadership in Energy and Environental Design LEED) Green Building Rating Syste for Building Design and Construction or Hoes, as applicable, of the United States Green Building Council ( USGBC). Project eans any construction associated with the creation, developent or erection of any building required to coply with this chapter. Scorecard eans a guide provided by the green building certification agency to assist in deterining the total project score and achievable credits and level of certification at the inception of a green building, as provided under this chapter. USGBC eans the United States Green Building Council. Sec Intent and Purpose. The purpose of this chapter shall be to proote sustainable developent within the City of Miai Beach by supporting resilient design and construction practices. The City' s intent is to establish a certification copliance schedule that incentivizes all qualifying projects to attain at a iniu LEED Gold certification, or siilar green building progra recognized in this chapter. Sustainable building practices will proote the econoic and environental health of the city, and ensure that the City continues to becoe environentally resilient to cobat sea level rise and help curb cliate 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-ter building operating and aintenance costs; e. iprove indoor air quality and occupant health; f. contribute to eeting state and local coitents to reduce greenhouse gas production and eissions; and g_ encourage sound urban planning principles. ARTICLE II. GREEN BUILDING REQUIREMENTS Sec Sustainability Requireents. Mandatory copliance with the requireents of this chapter shall be required for all applicants with building perit applications eligible participants"): that eet the following criteria ( hereinafter LU All new construction that proposes over 7, 000 square feet of construction of a or structure; gl Ground floor additions ( whether attached or detached) to existing structures that encopass over 10, 000 square feet of additional floor area. Sec Standards. Page 5 of 16

12 This chapter shall be adinistered 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 requireents of the green building certification agency, including but not liited to any onetary or certification requireents, are eligible for a partial or full refund of the sustainability fee identified in Section 133-7, herein based upon the level of copliance with the regulations in this chapter. ARTICLE III. SUSTAINABILITY FEE PROGRAM Sec 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 Sustainability Fee Calculation. 01 In order to obtain a Teporary Certificate of Occupancy ( TCO), Certificate of Occupancy CO), or Certificate of Copletion ( CC), whichever coes first, the eligible participant ust first post a Sustainability Fee payent bond or issue full payent 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 perit. However, the eligible participant ay be entitled to a refund or partial refund, of the bond, or payent of the Sustainability Fee, based upon achieving the progra certification levels in the copliance schedule below: Level of Certification Achieved Failure to obtain Certification LEED Certified, LEED Silver Certified LEED Gold Certified or International Living Zero Energy Certified Future Institute Petals or Net LEED Platinu Certified or International Living Future Institute Living Building Challenge Certified Sustainability Certification Copliance Schedule Sustainability Fee Reiburseent to Participant for eeting certain Green Building certification levels 0% refund of bond or payent of Sustainability fee 50% refund of bond or payent of Sustainability Fee 66% refund of bond or payent of Sustainability Fee 100% refund of bond or payent of Sustainability Fee 100% refund of bond or payent of 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 aount identified above, inus the refund for the level of green building certification achieved identified in the Certification Copliance Schedule. The Sustainability Fee shall be valuated upon the eligible participant' s subittal at tie of application for Teporary Certificate of Occupancy ( TCO), Certificate of Occupancy ( CO) or Page 6 of 16

13 Certificate of Copletion ( CC), whichever coes first, upon review by the planning departent during zoning review of the certificate. The Sustainability Fee bond or full payent shall be provided by participant prior to obtaining a Teporary Certificate of Occupancy ( TCO), Certificate of occupancy ( CO) or Certificate of Copletion, whichever coes first. Refund of the Sustainability Fee or bond to the eligible participant ay occur as provided for in subsection ( a), above, provided the eligible participant coplies with the certification copliance schedule within the tiefrae 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 tiefrae identified in Section 133-7( b). Sec Review Procedures. Prior to obtaining a Teporary Certificate of Occupancy, Certificate of Occupancy ( CO) or Certificate of Copletion ( CC), whichever coes first, the qualifying projects shall post a bond with the City, or in the alternative, provide a payent to the City, in the aount of the Sustainability Fee" identified in Section 133-6( a). Within one year fro the receipt of a Certificate of Occupancy ( CO) or Certificate of Copletion ( CC), the owner shall subit proof of green building developent fro the green building certification agency. in certification for the The bond or payent provided, or percentage thereof, shall be refunded to progra participants that have achieved a level of green building certification identified in the Certification Copliance Schedule in Section The Planning Director ay approve, upon the request of the eligible participant, a onetie one ( 1) year extension, provided proof that the green building certification agency' s review reains pending to deterine final certification. Building perit applications for a green building project subitted or resubitted for review shall be given priority review over projects that are not green building projects by the City' s departents 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 Deposit of funds; account. The City has established a Sustainability and Resiliency Fund. The revenue generated through the Sustainability Fee Progra 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. Page 7 of 16

14 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 peritted 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 copliance with this Chapter. The City shall return the bond, or ake a clai for a portion of the bond, depending on the eligible participant' s copliance with Section 133-7( b) and 133-6( a). ILDi Earned fees in the Sustainability and Resiliency Fund shall be utilized to provide public iproveents that increase the sustainability and resiliency of the City. Expenditures fro these funds shall require prior City Coission approval. Prior to any expenditure, the City Manager shall provide a recoendation to the City Coission. Such iproveents that increase the resiliency of the City ay include: Environental restoration protects; Environental reediation projects; f Environental onitoring; 4) Green infrastructure; Enhanced stor water quality and quantity iproveents; and/ or Sustainability planning efforts. SECTION 2. That Chapter 100, entitled " Sustainability," of the City hereby aended as follows: Code of Ordinances, is Chapter Reserved Sec Reserved v v Page 8 of 16

15 cthods utilized in a way that result in iniu ipact on natural resources, energy consuption, use of water, use of raw aterials and waste generation, thereby affording LEED eans Leadership in Energy and Environental Design ( LEED) Green Building Rating Syste, developed by the U. S. Green Building Council, or other recognized green Progra participant eans any person or entity seeking progra certification for a Page 9 of 16

16 Any word not defined herein shall be construed as providcd in scction ef-t i:- Cedes-or-in See 100_7 _ Purpose anr1 intent e e The progra shall be adinistered by the city responsible for: anager or designee, who shall be nrin ilor 1! - Page 10 of 1.6

17 11 e- pfagfall:f; and existing buildings, aintenance and operations, or derived USGBC LEED rating e- ' 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 A e" -- Page 11 of 16

18 guidelines, policies and procedures will be incorporated into the developent and fellows: 9 the applicant for the purpose of copleting iproveents necessary for LEED assurance provided on the success of plans to coplete the LEED certification his or her sole discretion, shall dee such bond or security forfeited to the city as a e e e' e not been forfeited as provided above, then the bond ay be released following e e e Page 12 of 16

19 b) The city shall encourage not less than two ebers each of the building, planning Sec 1-00-"fit. _ Progra review b) Frequency. The progra shall be subject to review one year after the effective date of this c) Purpose. The purpose of reviewing the- progra includes, but is not liited to, updating progra standards and incentives, recoending progra or arketing changes, Secs Reserved. es e i, a,. a a -., Sec Purpose. Sew _ Definitionw or as ay be aended fro tie to tie. e 1 1'..'.-. Page 13 of 16

20 e- - The energy econoic developent zone shall be coprised of the entirety of the City of Beach Sec _ 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 ; or c) The business is LEED certified; or d) The business is a green lodging establishent, as defined in section a) The business ust achieve an Energy Star Rating of 50 or higher in each of the verifying the Energy Star Rating; or b) The business ust achieve the energy efficiency standards of one of the following i) The green lodging progra adinistered by the Florida Departent of ii) The Leadership in Environental and Energy Design Progra, adinistered by the U. S. Green Building Council. Sec. 100_26. _ Progra guidetins Page 14 of 16

21 the state' s guidelines. SECTION 3. REVIEW. A progress report shall be presented to the City Coission within fifteen ( 15) onths of the effective date of this Ordinance in order to review the success of the regulations contained within. The review shall at a iniu address the following: 1. The effectiveness of the sustainability requireents to reduce deand for energy and greenhouse gas eissions in Miai Beach.. 2. The effectiveness of the Sustainability Fee at encouraging sustainable developent. 3. The effectiveness of review procedures. SECTION 4. APPLICABILITY. This Ordinance shall not apply to developents that have an approved Order fro the Board of Adjustent, Design Review Board, Historic Preservation Board, or Planning Board issued prior to the effective date of this Ordinance, developents that have subitted a coplete application for hearing before the Board of Adjustent, Design Review Board, Historic Preservation Board, or Planning Board prior to the effective date of this Ordinance, or that have been issued a building perit process nuber 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 sae are hereby repealed. SECTION 6. CODIFICATION. It is the intention of the City Coission, and it is hereby ordained that the provisions of this ordinance shall becoe and be ade part of the Code of the City of Miai Beach as aended; that the sections of this ordinance ay be renubered or reentered to accoplish such intention; and that the word " ordinance" ay 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 reainder shall not be affected by such invalidity. SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect on April 1, 2016 following adoption. Page 15 of 16

22 PASSED and ADOPTED this I0 day of rebrtigr y 201, ATTEST. Mi Rafa-. Gra - do, ity Clerk First Reading: 1,74..: EA.0 ' I' 1'' 4 y ji.. f Philip Levine, $ aya;, - y APPROVED AS TO FORM & LANGUAGE...,. FOR EXECUTION Second Reading: 7.. OSo ce First Reading: January 1 20' F.6G QQ Second Reading. Februa 14 i t6... City Attorney Date Verified b Y: bt- u Thoas R. Mooney, itcp Planning Director Underscore denotes new language denotes deleted language Sponsored by Coissioner Micky Steinberg) T:\AGENDA\2016\ February\Planning\ Sustainability and Resiliency Ordinance - SECOND Reading ORD - Adopted.docx Page 16 of 16

23 Condensed Title:. COMMISSION ITEM SUMMARY An Ordinance establishing Chapter 133 in the Land Developent 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 aount of five percent ( 5%) of the total construction cost into the City' s Sustainability Fund, which is reibursable pursuant to the level of Green Building copliance achieved; establishing a Sustainability and Resiliency Fund for the deposit of the sustainability fees; and repealing Chapter 100, entitled " Sustainability.", Key Intended Outcoe Supported: Increase satisfaction with neighborhood character. Increase satisfaction with developent and growth anageent across the City. Supporting Data (Surveys, Environental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate developent is" about the right aount." Ite Suary/Recoendation: SECOND READING PUBLIC HEARING The subject Ordinance would encourage the developent of Sustainable Buildings by requiring eligible projects to pay a Sustainability Fee or post a bond in the aount 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) onth extension, of obtaining a Certificate of Occupancy or Certificate of Copletion, the applicant ay 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 Developent Coittee recoended in favor of the ordinance and that the City Coission refer the attached" Òrdinance Aendent to the Planning Board. On Septeber 2, 2015, the City Coission referred the ite to the Planning Board ( Ite C4E). On January 13, 2016,- the City Coission: 1) accepted the recoendation of the Land Use and Developent Coittee via separate otion; 2) approved the attached Ordinance at First Reading; and 3) scheduled a Second Reading Public Hearing for February 10, 2016: The Adinistration recoends that the City..Coission adopt the Ordinance. Advisory Board Recoendation: On Deceber 15, 2015, the Planning Board reviewed the proposed ordinance and endorsed it with a favorable recoendation ( Vote of 7-0). Due to a. change in the Title, the atter ust be re- noticed for final Planning Board action and transittal. The Planning Board ratified its recoendation after a public hearing on January 26, 2016 and transitted the ite to the City Coission with a favorable recoendation, inclusive four odifications that were suggested by staff( Vote of 7-0) Financial Inforation: Source of Aount. Account Funds:. 2 OBPI Total Financial Ipact Suary:. In accordance with Charter section 5. 02, which requires that the " City of Miai Beach shall consider the long- ter econoic ipact.( at least 5 years) of proposed legislative actions," this shall confir that the C ity Adinistration evaluated the long- ter econoic ipact ( at least 5 years) of this proposed legislative action, and deterined that there will be no easurable ipact on the City's budget. City Clerk' s Office Legislative Tracking: Thoas Mooney Sign- Offs: Departent Director AA. 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 DATE RS 01 fo

24 MIAMI BEACH City of Miai Beach, 1700 Convention Center Drive, Miai Beach, Florida 33139, www. iaibeachfl. gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Mebers o the City f oission FROM: Jiy L. Morales, City Manager DATE: February 10, 2016 SECOND READING PUBLIC HEARING SUBJECT: Ordinance Aendent 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 Adinistration recoends that the City Coission adopt the ordinance with odifications. BACKGROUND On April 15, 2015, at the request of Coissioner Micky Steinberg, the City Coission referred an ite to the Sustainability and Resiliency Coittee, regarding the provision of renewable energy sources in new construction projects ( Ite C4G). On May 6, 2015, at the request of Coissioner Micky Steinberg, the City Coission referred the ite to the Land Use and

25 Coission Meorandu Ordinance Aendents Sustainability and Resiliency February 10, 2016 Page 2 of 8 Developent Coittee ( Ite C4H). On June 24, 2015, the Sustainability and Resiliency Coittee discussed the ite and continued it to the July 22, 2015 eeting. On July 22, 2015, the Sustainability and Resiliency Coittee discussed the ite and recoended in favor of the ite with a odification that LEED requireents apply to large scale single- faily residences, as well as coercial new construction. Staff was also directed to research the average square footage of a single-faily residence to deterine the appropriate threshold. On June 17, 2015, the Land Use and Developent Coittee continued the ite to the July 29, 2015 eeting. On July 29, 2015, the Land Use and Developent Coittee recoended that the City Coission refer the attached Ordinance Aendent to the Planning Board, with a odification that the applicable square footage be reduced to 7, 000 square feet. The Land Use Coittee also requested that focus groups be convened for additional input, prior to the atter being considered by the Planning Board. On Septeber 2, 2015, the City Coission referred the ite to the Planning Board ( Ite C4E). On Noveber 4, 2015, upon the recoendation on the Land Use and Developent Coittee, a focus group eeting was held with developers and other affected parties to discuss the ipact of the proposed Ordinance aendent on developent in the City. On October 27, 2015, the Planning Board continued the ite ( File No. 2290) to the Noveber 24, 2015 eeting. On Noveber 24, 2015, the Planning Board continued the ite to the Deceber 15, 2015 eeting. On Deceber 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 aendent. The Planning Board then discussed File No. 2290B, provided a tentative favorable recoendation, and continued the ite to January 26, 2016 for final ratification of the recoendation. On January 13, 2016, the City Coission 1) accepted the recoendation of the Land Use and Developent Coittee via separate otion; 2) approved the attached Ordinance at First Reading; and 3) scheduled a Second Reading Public Hearing for February 10, ANALYSIS According to the U. S. Environental Protection Agency ( EPA), existing buildings are one of the biggest contributors to environental pollution in the U. S., accounting for 40 percent of total energy use, 72 percent electricity consuption, 39 percent of the carbon dioxide eissions, and 13 percent of total water consuption. The U. S. Green Building Council ( USGBC) has developed Leadership in Energy and Environental Design ( LEED) green building rating syste to address design and construction activities to iprove energy efficiency and sustainability of residential and coercial buildings. LEED certified buildings save oney and resources and have a positive ipact on the health of occupants, while prooting renewable, clean energy. Additionally, the International Living Future Institute developed an international sustainable building certification progra called the Living Building Challenge. The Living Building Challenge is the built environent' s ost rigorous perforance standard, which calls for the creation of building projects at all scales that operate as cleanly, beautifully and efficiently as nature's architecture.

26 Coission Meorandu Ordinance Aendents 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 becoe ore resilient and strongly encourage green building. Green Building Certification prootes efficient design, construction, operation, aintenance and deconstruction of buildings and site developent. 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- ter building operating and aintenance costs; 5) Iprove indoor air quality and occupant health; 6) Contribute to eeting state and local coitents to reduce greenhouse gas production and eissions; and 7) Encourage sound urban planning principles. There were concerns regarding the ipact of this progra on single-faily residential properties. An analysis of the single faily hoes that have been approved by the Design Review Board or have an approved building perit over the six onths prior to Septeber indicates that the average size of new hoes is expected to be 6,452 square feet; the edian size is 5, 165 square feet; and the top 25% of hoes are larger than 7, 186 square feet. It is suggested that larger hoes, which will have the greatest environental ipact, be built to Green Building standards in order to itigate their ipact. As a result, the proposed ordinance proposes applies to the following types of developent: 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 encopass over 10, 000 square feet of additional floor area. structures that Sustainability Fee Progra In order to achieve green building standards, the proposed ordinance requires the payent of a Sustainability Fee for eligible buildings prior to obtaining a Teporary Certificate of Occupancy TCO), Certificate of Occupancy ( CO), or Certificate of Copletion ( 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 level of the refund is detailed in the following table: certification achieved. The

27 Coission Meorandu Ordinance Aendents Sustainability and Resiliency February 10, 2016 Page 4 of 8 Level of Certification Achieved Failure to obtain Certification LEED Certified LEED Silver Certified LEED Gold Certified or International Living Future Institute Petals or Net Zero Energy Certified LEED Platinu Certified or International Living Future Institute Living Building Challenge Certified Certification Copliance Schedule Sustainability Fee Reiburseent to Participant for eeting certain Green Building certification levels 0% refund of bond or payent of Sustainability fee 50% refund of bond or payent of Sustainability Fee 66% refund of bond or payent of Sustainability Fee 100% refund of bond or payent of Sustainability Fee 100% refund of bond or payent of Sustainability Fee The level of the refund is based upon the estiated 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 Copletion ( 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 ore 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 progra will be used to establish a Sustainability and Resiliency Fund. These funds will be used to include iproveents that increase the resiliency of the City such as: 1) Environental restoration projects; 2) Environental reediation projects; 3) Environental onitoring; 4) Green infrastructure; 5) Enhanced stor water quality and quantity iproveents; 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 onitoring, soil reediation, and establishing alternative fors of energy. It could also be used to suppleent resiliency eleents of existing capital iproveent

28 Coission Meorandu Ordinance Aendents 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 systes, and enhanced water quality eleents into future stor water and greywater projects. Review The proposed ordinance would require that within 15 onths of the effective date of the Ordinance a progress report be subitted to the City Coission to review the success on the regulations. Such review at iniu shall address the following: 1) Whether the sustainability requireents sufficiently respond to the cliate of Miai Beach; 2) The effectiveness of the Sustainability Fee; and 3) The effectiveness of the review procedures. PLANNING BOARD REVIEW On Deceber 15, 2015, the Planning Board reviewed the proposed ordinance and endorsed it with a favorable recoendation. Due to a change in the Title, the atter was re- noticed for final Planning Board action and transittal. The Planning Board ratified its recoendation after a public hearing on January 26, 2016 and transitted the ite to the City Coission with a favorable recoendation, inclusive four odifications that were suggested by odifications are identified in the update section of the eorandu. staff. The FISCAL IMPACT In accordance with Charter Section 5. 02, which requires that the " City of Miai Beach shall consider the long ter econoic ipact ( at least five years) of proposed legislative actions," this shall confir that the City Adinistration City Adinistration evaluated the long ter econoic ipact ( at least five years) of this proposed legislative action. The proposed ordinance is not expected to have a negative fiscal ipact upon the City. UPDATE At first reading approval of the proposed ordinance on January 13, 2016, the City Coission requested that staff research the cost and tiefraes 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 approxiately $ 3, 150 for USGBC ebers. The current fee for buildings over 50,000 square feet, excluding parking, is $ per square foot, in addition to a $ 900 registration fee. Therefore, a 100, 000 square foot building could expect a fee of $ 5,400 fro the USGBC. There ay be additional costs should the applicant wish to hire a green building consultant; however, any 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 tie for plans is 20 to 25 business days; however, the applicant ay 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 ipleentation 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 estiated 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 perfored regarding the credits that will be available to developers in the City. By virtue of the walkable, ixed- use nature of Miai Beach and existing zoning, building,

29 Coission Meorandu Ordinance Aendents Sustainability and Resiliency February 10, 2016 Page 6 of 8 plubing, and storwater requireents, any developers will find that they will autoatically 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 Coission also requested that local green building certification options be identified. Since the City does not have the authority to aend the Florida Building Code, such an option would involve an aendent to the Land Developent Regulations. The City could adopt standards siilar to those used by the USGBC; however, the City' s departents involved in land developent presently do not have the expertise necessary should such an option be desired. This includes experts in energy odeling, energy optiization, refrigerant anageent, indoor/outdoor water efficiency, product and raw aterial sourcing, building aterial reuse, and indoor air quality. Additional staff would also be necessary for environental site assessent and reediation. In addition, as technology is constantly changing, continuing education and updating of the adopted standards. there would be a need for Proposed Modifications Additional feedback was sought out fro developers and green building consultants in regards to the ipacts of the proposed ordinance. Based on the feedback, the following odifications are suggested to the proposed ordinance, which were transitted to the City Coission with a favorable recoendation by the Planning Board: 1) Modify the definition of " LEED" fro the " ost recent" edition to an " effective" edition. This odification 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 Copliance Schedule. This odification corrects the naes for the certification types available fro the International Future Living Institute. 3) Modify when the Sustainability Fee is due fro prior to obtaining " Building Perit" to prior to obtaining " Teporary Certificate of Occupancy ( TCO), Certificate of Occupancy ( CO) or Certificate of Copletion ( CC), whichever coes first." Subsequent to discussions with stakeholders, it becae apparent that obtaining financing for the Sustainability Fee prior to obtaining a building perit ay prove difficult, as several financial institutions do not release funds until a building perit is issued. The proposed odification addresses that concern. In addition, it ay 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 copliance achieved. 4) Increase the length of the extension of refund period fro six onths to one year. This odification is recoended in case there any unforeseen events in the construction process that ay extend the certification tiefrae. CONCLUSION The Adinistration recoends that the City Coission adopt the ordinance with the following aendents: 1) Modify the definition of " LEED" fro the " ost recent" edition to an " effective" edition, as follows:

30 Coission Meorandu Ordinance Aendents Sustainability and Resiliency February 10, 2016 Page 7 of 8 Sec Definitions. LEED eans the ost recent an effective edition of the Leadershi in Ener and Environental Design ( LEED) Green Building Rating Syste for Building Design and Construction or Hoes, as applicable, of the United States Green Building Council USGBC). 2) Clarify the titles for the International Living Future Institute certifications in the Certification Copliance Schedule, as follows: Sec Sustainability Fee Calculation. Level of Certification Achieved Failure to obtain Certification Certification Copliance Schedule Sustainability Fee Reiburseent to Participant for eeting certain Green Building certification levels 0% refund of bond or payent of Sustainability fee 50% refund of bond or payent of LEED Certified Sustainabilit Fee 66% refund of bond or payent of LEED Silver Certified Sustainabilit Fee LEED Gold Certified or g International Living Future Institute 100% refund of bond or payent Petals or Net Zero Ener Certified of Sustainability Fee LEED Platinu Certified or International Living Future Institute 100% refund of bond or payent Living Building Challenge Certified of Sustainability Fee, 3) Modify when the Sustainability Fee is due fro prior to obtaining " Building Perit" to prior to obtaining " Teporary Certificate of Occupancy ( TCO), Certificate of Occupancy ( CO) or Certificate of Copletion ( CC), whichever coes first," as follows: Sec Sustainability Fee Calculation. a) In order to obtain a building a + t Teporary Certificate of Occupancy ( TCO), Certificate of Occu' ar CO or Certificate of Corn le ion CC whichever coes first the eligible participant ust first post a Sustainability Fee payent bond or issue full payent 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 perit. However, the eligible participant ay be entitled to a refund or partial refund, of the bond, or payent of the Sustainability Fee, based upon achieving the progra certification levels in the copliance schedule below: If the proof of green building certification is provided prior to the obtaining a CC or CO.

31 Coission Meorandu Ordinance Aendents Sustainability and Resiliency February 10, 2016 Page 8 of 8 the " Sustainability Fee" shall be in the full aount identified above, inus the refund for the level of green building certification achieved identified in the Certification Copliance Schedule. The Sustainability Fee shall be valuated upon the eligible participant' s subittal at tie of application for buildingz Teporary Certificate of Occupancy (TCO), Certificate of Occupancy ( CO) or Certificate of Copletion ( CC). whichever coes first,, upon review b the lannln de artent durin zonln review of the serit certifica e. The Sustainability Fee bond or full payent shall be provided by participant prior to obtaining a Teporary Certificate of Occupancy ( TCO), Certificate of occupancy ( CO) or Certificate of Copletion, whichever coes first. er-it. Sec Review Procedures. a) Prior to obtaining a S er-it Teporary Certificate of Occupancy, Certificate of Occu anc CO or Certificate of Corn letion CC whichever coes first the ualif in projects shall post a bond with the City, or in the alternative, provide a payent to the City, in the aount of the " Sustainability Fee" identified in Section 133-6( a). 4) Increase the length of the extension of refund period fro six onths to one year, as follows: Sec Review Procedures. The Planning Director ay approve, upon the request of the eligible participant, a one- tie e- - one 1 ear extension rovided roof that the reen buildin certification agency's review reains pending to deterine final certification. J LM/ S MT/TRM/ ESW/FCT/ RAM T:\AGENDA\2016\February\Planning\ Sustainability and Resiliency Ordinance- SECOND Reading MEM. docx

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33 RESOLUTION NO A RESOLUTION AMENDING THE CITY' S 2011 CDM- SMITH STORMWATER ( MANAGEMENT) MASTER PLAN ( 2011 SWMP) TO INCORPORATE THE CITY' S CONSULTANT, AECOM' S, RECOMMENDATIONS RELATING TO DEFINING " FUTURE GRADE," AND " FUTURE CROWN OF THE ROAD;" FURTHER MODIFYING SECTIONS , ENTITLED " PROPOSED LEVEL OF SERVICE ( LOS), AND ENTITLED " SEAWALL HEIGHTS," OF THE 2011 SWMP, TO INCLUDE MODIFICATIONS TO THE LEVEL OF SERVICE FOR CONSTRUCTION OF ROADS, STORMWATER SYSTEMS, AND DEVELOPMENT TO REDUCE THE RISK OF FLOODING; A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT 1. WHEREAS, the City' s Storwater ( Manageent) Master Plan ( 2011 SWMP) is intended to be a guide for iproving the City's storwater anageent syste perforance for the next 20 years, with considerations of potential sea level rise over 20- years of storwater infrastructure and a 50- year planning horizon for seawall heights; and WHEREAS, the City adopted Resolution on Noveber 14, 201-2, adopting the 2011 SWMP; and WHEREAS, the City adopted Resolution on February 12, 2014, which approved the recoendation of The Flooding Mitigation Coittee to aend the.2011 SWMP by odifying the design criteria for the tailwater elevation fro 0. 5 Ft- NAVD to 2.7 Ft- NAVD for all tidal boundary conditions; and WHEREAS, the City adopted Resolution on July 23, 2014 which accepted the recoendation of the Flooding Mitigation Coittee to aend the 2011 SWMP for iniu seawall elevation fro 3. 2 feet NAVD to 5. 7 feet NAVD, however the 5. 7 NAVD elevation for seawalls shall not apply to inor seawall repairs less than 300 per linear foot at "2014 Consuer Price Index ( CPI)"; and WHEREAS, on Deceber 17, 2014, the City Coission approved the revised standard seawall height at 3. 2 NAVD with a caveat of an additional cap of 2 feet; and WHEREAS, on July 21, 2015, the Mayor' s Blue Ribbon Panel on Flooding and Sea Level Rise recoend that the seawall cap on all new private construction and all public seawall construction be changed fro 3. 2 feet NAVD to 5. 7 feet NAVD throughout the City; however, on existing private seawalls that are being replaced/ repaired not associated with new building construction, a iniu 4.0 NAVD elevation shall apply with the structural design to accoodate a seawall height extension to a iniu 5. 7 NAVD; and WHEREAS, on May 11, 2016, the City Coission adopted Ordinance 2016-

34 4009 which aended Chapter 54 - " Floods", by establishing a iniu and axiu freeboard ( iniu one foot / axiu five feet) above base flood elevation ( FIRM BFE = not less than NAVD) for all properties and aend the Land Developent regulations pertaining to the calculation of building elevations of required yards in single faily districts; and height, and establish iniu WHEREAS, on May 11, 2016, the City Coission adopted Ordinance , aended Chapter 118, of the Land Developent Regulations relating to defining future grade" and " future crown of the road;" and WHEREAS, the odifications to Chapter 54 and Chapter 118 were provided an effective date of June 8, 2016, so that these ters would be provided a definition and criteria in the 2011 SWMP, and the attached Addendu 1 to the 2011 SWMP, incorporates the definitions and changes to the 2011 SWMP to effectuate the new definitions for "future crown of the road" and "future grade." NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Coission aend the City' s 2011 CDM- Sith Storwater (Manageent) Master Plan 2011 SWMP) to incorporate the City's consultant, AECOM' s, recoendations relating to defining " future grade," and "future crown of the road;" further odifying sections , entitled " Proposed Level Of Service ( LOS), and entitled " Seawall Heights," of the 2011 SWMP, to include odifications to the level of service for construction of roads, storwater systes, and developent to reduce the risk of flooding; a copy of which is attached hereto as Exhibit 1. PASSED and ADOPTED this 8 day of June, ATTEST: shill o' v' le, Mayor FORM & LADNGUAGE 1. rte-... FOR EXECUTION aft INCORP ORATED: City Attorney 1 4I Ii Is Date iaibeach. gov\files\atto\ BOUE\ RES S\St. water Master Plan- Aend- reso docx

35 Condensed Title: COMMISSION ITEM SUMMARY A Resolution Aending The City' s 2011 Storwater Manageent Master Plan To Incorporate Modifications To The Standards For The Construction Of New Roads, Storwater Systes, And Developents; Which Standards Would Incorporate Higher Elevations In Order To Reduce The Risk Of Flooding; And Defining" Future Grade" And Miniu Required Seawall Heights; And Which Docuents Are Attached Hereto As Coposite Exhibit A. Key Intended Outcoe Supported: Ensure reliable storwater anageent and resiliency against flooding by ipleenting select short and longter solutions including addressing sea- level rise. Ite Suary/ Recoendation: The City adopted the 2011 Storwater Manageent Master Plan ( SWMMP) by Resolution This plan is intended to be a guide for iproving the City's storwater anageent syste perforance for a 20 year planning horizon, with considerations of potential sea level rise over 20 years for storwater infrastructure and 50 years for seawall heights. Periodically, due to updated cliate projections, it is iportant to update the SWMMP to stay current and viable. The odifications proposed include provisions for new developent to include roadway elevation, levels of service for roads, precipitation design rates and distribution, seawall elevations, and iniu future grade elevations. These ites have been presented to the Mayor' s Blue Ribbon Panel on Flooding and Sea Level Rise on several occasions. The SWMMP needs to be aended to incorporate odifications to the standards for the construction of new roads, storwater systes, and developents; which standards would incorporate higher elevations in order to reduce the risk of flooding; redefine the level of service and design stor; and define iniu" future grade" and seawall heights; and which docuents are attached hereto as Exhibit A. The Public Works Manual will also be aended to provide construction details referencing the SWMMP. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recoendation: Financial Inforation: Source of Aount Account Approved Funds: 1 OBPI 2 3 Total Financial Ipact Suary: City Clerk' s Office Legislative Tracking: Eric Carpenter, Public Works X6012 Sign- Offs: Asst. Departent Director Assistant C.it Manager/ DPW City. ger JJF ETC n. JLM T:\AGENDA\2016\June\ Public Works\Storwater Master Plan- su ry. docx V MIAMI BEACH Agenda Ite Date R75 6- y- lc.,

36 MIAMI BEACH City of Miai Beach, 1700 Convention Center Drive, Miai Beach, Florida 33139, www. iaibeachfl. gov CQMMISSIV N MEMORANDUM TO: Mayor Philip Levine and Mebers oythe City CI ission FROM: Jiy L. Morales, City Manager DATE: June 8, 2016 SUBJECT: A RESOLUTION AMENDING TH CITY' S 2011 STORMWATER MANAGEMENT MASTER PLAN TO INCORPORA MODIFICATIONS TO THE STANDARDS FOR THE CONSTRUCTION OF NEW ROADS, STORMWATER SYSTEMS, AND DEVELOPMENTS; WHICH STANDARDS WOULD INCORPORATE HIGHER ELEVATIONS IN ORDER TO REDUCE THE RISK OF FLOODING; AND DEFINING FUTURE GRADE" AND MINIMUM REQUIRED SEAWALL HEIGHTS; AND WHICH DOCUMENTS ARE ATTACHED HERETO AS COMPOSITE EXHIBIT A. BACKGROUND The City adopted the 2011 Storwater Manageent Master Plan ( SWMMP) by Resolution This plan is intended to be a guide for iproving the City' s storwater anageent syste perforance for a 20 year planning horizon, with considerations of potential sea level rise over 20 years for storwater infrastructure and 50 years for seawall heights. Periodically, due to updated cliate projections, it is iportant to update the SWMMP to stay current and viable. The odifications proposed include provisions for new developent to include roadway elevation, levels of service for roads, precipitation design rates and distribution, seawall elevations, and iniu future grade elevations. These ites have been presented to the Mayor's Blue Ribbon Panel on Flooding and Sea Level Rise on several occasions. On February 12, 2014, the City adopted Resolution , which approved the recoendation of The Flooding Mitigation Coittee to aend the SWMMP so as to odify the design criteria for a " tailwater elevation" be increased fro 0. 5 Ft- NAVD to 2. 7 Ft- NAVD for all tidal boundary conditions; On July 21, 2015, the Mayor' s Blue Ribbon Panel on Flooding and Sea Level Rise recoend that the seawall cap on all new private construction and all public seawall construction be changed fro 3. 2 feet NAVD to 5. 7 feet NAVD throughout the City; provided, however, that for properties with existing private seawalls that are being replaced/ repaired not associated with new building. construction, the Panel recoended applying a iniu 4. 0 NAVD elevation, as

37 Page 2 long as the structural design to accoodate a seawall height extension to a iniu 5. 7 NAVD On May 11, 2016, the Mayor and City Coission adopted Ordinances , relating to aending Chapter 54 of the City Code entitled " Floods" to define City of Miai Beach Freeboard, and odify how grade elevation and height are defined due to flooding and cliate change. Also on May 11, 2016, the Mayor and City Coission adopted Ordinance , relating to aending Chapter 118, of the Land Developent Code, to incorporate the sae Freeboard definitions, and procedures for how to deterine grade elevation and height as a result of flooding and cliate change. The SWMMP needs to be aended to incorporate odifications to the standards for the construction of new roads, storwater systes, and developents; which standards would incorporate higher elevations in order to reduce the risk of flooding; redefine the level of service and design stor; and define iniu " future grade" and seawall heights; and which docuents are attached hereto as Exhibit A. The Public Works Manual will also be aended to provide construction details referencing the SWMMP. CONCLUSION The Adinistration recoends that the Mayor and City Coission of the City of Miai Beach, Florida accept the recoendation of the City Manager to aend the 2011 Storwater Manageent Master Plan. Attachent Exhibit JLM/ BAM/ WRB T:WGENDA\ 2016\June\ Public Works\Storwater Master Plan- eo.docx

38 EXHIBIT A AECOM recoended changes to the 2011 CDM- Sith Storwater Master Plan 2011 SWMP) Modify Section Proposed Level of Service to include, " Future crown of road and back of sidewalk elevations shall be 3. 7 feet, NAVD, unless exept due to hardship as deterined by the Director of Public Works." Modify Section Proposed Level of Service to include, " For land developent purposes, the future grade shall be 3. 7 feet NAVD iniu." Modify Section Proposed Level of Service to state, " The storwater level of service for roadways such that the crown of road is not overtopped during the 5 year/ 24 hour design stor event with the following paraeters: o o South Florida Water Manageent District noograph with safety factor. The rainfall distribution shall be the SCS Type Ill. o The Unit Hydrograph peaking factor shall be 150." Modify Section Proposed Level of Service to state, " New construction or substantial reconstruction on private property shall retain stor water runoff fro the 5 year/ 24 hour design stor of 7.5 inches of rainfall." Modify construction and all seawalls constructed on public projects shall have a Section Seawall Heights to state, "All new seawalls on private iniu elevation of 5. 7 feet, NAVD, however, on existing private seawalls that are being replaced/ repaired not associated with new building construction, a iniu 4. 0 NAVD elevation shall apply with the structural design to accoodate a seawall height extension to a iniu 5. 7 NAVD."

39 EXHIBIT A ADDENDUM 1 TO THE CITY OF MIAMI BEACH STORMWATER ( MANAGEMENT) MASTER PLAN FINAL REPORT The City of Miai Beach' s consultant, AECOM, has recoended odifications to the 2011 CDM Sith Storwater ( Manageent) Master Plan Final Report ( 2011 SWMP) in order to ensure the resiliency of the City, which recoendations are incorporated into the 2011 SWMP, as Addendu 1. The following aendents to the following sections of the 2011 SWMP are hereby aended and incorporated by reference into the 2011 SWMP, as follows: Proposed Level of Service (LOS) As shown, CDM evaluated design stor events and joint tidal event periods to evaluate storwater syste perforance and the project needs and costs to achieve various levels of service. The various evaluations for LOS indicated a point of diinishing returns at the 2 to 3 year stor event level. Therefore, the City and CDM forulated options to best protect public safety and property with available funding. The 5- year, 24-hour ( 5. 9 inches of rainfall) design stor of 7. 5 inches of rainfall was also investigated due to current LOS standards. As an exaple, a 5 year LOS in the Flaingo Park Luus Avenue project area would cost approxiately $ 80 illion, and the City available budget for this project area is approxiately $35 illion. Based on the supplied inforation herein, the City should deterine whether an adjustent in the design stor is prudent as it relates to the future evaluation of LOS. Future crown of road" and " future back of sidewalk elevations" shall be 3. 7 feet, NAVD, unless exept due to hardship as deterined by the Director of Public Works. For land developent purposes, " future grade" shall be a iniu of 3. 7 feet NAVD. The storwater level of service for roadways such that the " future crown of road' is not overtopped ( flooded) during the 5 year / 24 hour design stor event shall be constructed utilizing the the following paraeters: o South Florida Water Manageent District noograph with safety factor. o The rainfall distribution shall be the SCS Type Ill. o The Unit Hydrograph peaking factor shall be 150.

40 EXHIBIT A New construction or substantial reconstruction on private property shall retain storwater runoff fro the 5 year / 24 hour design stor of 7. 5 inches of rainfall Seawall Heights This section provides recoendations regarding the influence of sealevel on seawall elevations. Condition assessent and solutions for rehabilitating the City's extensive network of seawalls was not included as part of the scope of the SWMP. In 2003, a preliinary inspection report on seawalls was produced by another consultant. This investigation identified the structural integrity of approxiately 99 seawall sites throughout the City. That study did not include any recoendation of odifications to the seawalls to address sea- level rise considerations. The following are additional considerations related to seawall heights. Seawall Height Consideration No. 1 As part of the City' s consideration of long-ter sea- level rise, a coprehensive inventory of City and private seawalls within the City of Miai Beach should be perfored. The inventory should include survey of top ( i. e., cap) of the seawall and. condition assessent of its structural integrity. Seawall Height Consideration No. 2 Seawall height design standards should be consulted with coastal engineers and planners in accordance with procedures norally utilized in this specialty discipline ( i. e., coastal stor surge estiation). A cicvation. Baccd on FEMA and USACE guidance and discussions with of a iniu seawall height of 1foot above the 1 year tidal ctillwater e e - -. All new seawalls for private construction and all seawalls constructed on public proiects ( after June 8, 2016) shall have a iniu elevation of 5. 7 feet, NAVD, provided, however, for existing private seawalls that are being replaced/ repaired not associated with new building construction, a iniu 4. 0 NAVD elevation shall apply with the structural design to accoodate a seawall height extension to a iniu of 5. 7 NAVD.

41 FREEBOARD ORDINANCE NO AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SUBPART A GENERAL ORDINANCES, OF THE CITY CODE, BY AMENDING CHAPTER 54 " FLOODS" AT SECTION 54-35, " DEFINITIONS," BY AMENDING THE DEFINITIONS FOR BASE FLOOD ELEVATION, CROWN OF ROAD, AND FREEBOARD, AND BY CREATING DEFINITIONS FOR CENTERLINE OF ROADWAY, CRITICAL FACILITY, FUTURE CROWN OF ROAD, MINIMUM FREEBOARD, MAXIMUM FREEBOARD, GREEN INFRASTRUCTURE, LOW IMPACT DEVELOPMENT LID), AND SURFACE STORMWATER SHALLOW CONVEYANCE; BY AMENDING SECTION 54-45, " PERMIT PROCEDURES," TO REQUIRE A STORMWATER MANAGEMENT PLAN; BY AMENDING SECTION 54-47, GENERAL STANDARDS," TO PROHIBIT SEPTIC SEWAGE SYSTEMS, AND INCLUDE REQUIREMENTS FOR STORAGE OF HAZARDOUS MATERIALS; BY AMENDING SECTION 54-48, " SPECIFIC STANDARDS," TO CLARIFY THE MINIMUM ELEVATION OF THE LOWEST FINISHED FLOOR FOR RESIDENTIAL AND NON- RESIDENTIAL CONSTRUCTION, AND REQUIRING A MINIMUM ELEVATION FOR GARAGE ENTRANCES; BY AMENDING SECTION 54-51, " STANDARDS FOR COASTAL HIGH HAZARD AREAS ( V- ZONES)," TO CLARIFY THE MINIMUM ELEVATION OF THE LOWEST FLOOR OF ALL NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, sea level rise and flooding is an ongoing concern of the City; and WHEREAS, low lying infrastructure including buildings ust also elevate in order to reduce risk or aintain low risk fro potential flood daage; and WHEREAS, it is appropriate to establish iniu freeboard requireents for residential and coercial structures to provide additional levels of protection to aintain consistency with U. S. Federal and state guidance, and WHEREAS, these regulations will accoplish these goals and ensure that the public health, safety and welfare will be preserved. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Section 54-35, " Definitions," is aended as follows: Base Flood Elevation eans the water surface elevation associated with the base flood.the regulatory elevation associated with building elevation, floodproofing, protection of building systes and utilities and other flood protection provisions as identified in current FEMA Flood Insurance Rate Map ( FIRM) panels. This elevation shall not be less than 8. 0 ft. NGVD ( 6.44 ft. NAVD) in the City of Miai Beach. 1

42 Center line)- of roadway eans a line running parallel with the highway roadway right-of-way which is half the distance between the extree edges of the official right- of-way width as shown on a ap approved by the departent of the public works. Critical facility eans a facility designated as an essential facility including, but not liited to: hospitals, fire, rescue, abulance and police stations and eergency vehicle garages, eergency shelters, designated eergency preparedness, counications, and operation centers and other facilities required for eergency response, power generating stations and other public utility facilities required in an eergency ancillary structures ( including, but not liited to, counication towers, fuel storage tanks, cooling towers, electrical substation structure, fire water storage tanks, or other structures housing or supporting water, or other fire-suppression aterial or equipent, water storage facilities and pup structures required to aintain water pressure for fire suppression building and other structures ( including, but not liited to facilities that anufacture, process, handle, store, use, or dispose of such substances as - hazardous fuels, hazardous cheicals, hazardous waste, or explosives) containing extreely hazardous aterials. Crown of road eans the highest elevation of the roadway at a specific cross section. Crown of road, future eans the highest elevation of the crown of road as described in the adopted Miai Beach Storwater Master Plan, located at exhibit X. Freeboard eans the additional height, usually expressed as a factor of safety in feet, above a flood level for purposes of floodplain anageent. Freeboard tends to copensate for any of bridge or culvert openings, and unknown factors, such as wave action, blockage hydrological effect of urbanization of the watershed, which could contribute to flood heights greater than the heights calculated for a selected frequency flood and floodway conditions. All new construction and substantial iproveents to existing construction shall eet the iniu freeboard requireent, and ay exceed the iniu freeboard requireent up to the axiu freeboard without such height counting against the axiu height for construction in the applicable zoning district Freeboard, iniu equals one ( 1) foot. Freeboard, axiu equals five 5' feet. 2

43 Infrastructure Green engineered eans techniques that natural retain, landscape vegetation, absorb, often and design cleanse and storwater runoff. Low-Ipact developent ( LID) eans techniques that iic natural processes to anage storwater, and are frequently cheaper and ore attractive than traditional storwater anageent techniques. Surface storwater shallow paveent, eans vegetated rainwater/ storwater and gardens, rain swales, pereable and infiltration capture devices. SECTION 2. Section 54-45, " Perit Procedures," is aended as follows: Application for a developent perit shall be ade to the building director or his/ her designee on fors furnished by hi or her prior to any developent activities, and ay include, but not be liited to, the following plans in duplicate drawn to area in scale showing the questions, nature, and location, diension, and elevations of the proposed existing drainage facilities, structures, earthen fill, storage of aterials or and the location of the foregoing. Specifically, the following inforation is required: equipent, 1) Application stage: f) A storwater anageent plan constructions and substantial and site drainage iproveent, shall calculations, be for new by prepared a Florida licensed engineer in accordance with the DepaFteent Manual and PFGGedUFes CDM Sith 2011 Storwater Plan, to deonstrate that adequate surface drainage shall be provided and surface run- off water shall be diverted to a stor conveyance or other approved point Sections 1804 surface water of collection, and in accordance with Florida Building Code R The site shall be graded in anner to drain away fro foundation walls in accordance with Florida Building Code Sections 1804 and R All site drainage for new construction shall be designed and constructed in such a anner as to provide runoff rates, volue and pollutant loads not exceeding predevelopent conditions and prevent flooding adjacent properties. SECTION 3. Section 54-47, " General Standards," 3 is hereby aended as follows:

44 In all areas of special flood hazard, all developent sites, including new construction and substantial iproveents, shall be reasonably safe fro flooding and eet the following provisions: 16) Installation of new septic swage systes is prohibited in the City of Miai Beach Special Hazard Area. 17) Hazardous aterials shall be stored indoors in the City of Miai Beach Special Flood Hazard Area and shall be elevated no lower than Base Flood Elevation plus iniu freeboard. SECTION 4. Section 54-48, " Specific Standards," is hereby aended as follows: In areas apped as "Zone X" (shaded and unshaded) on the City of Miai Beach Flood Insurance Rate Map ( FIRM), all new construction and substantial iproveent of any buildings ( including anufactured hoes) shall construct the lowest floor at an elevation of at least one foot above the highest adjacent grade or above the crown of the nearest street, whichever is higher. In all A-zones where base flood elevation data have been provided (zones AE, A1-30, A with base flood elevation), and AH), as set forth in section 54-37, the following provisions, in addition to those set forth in sections and , shall apply: 1) Residential construction. a) All new construction and substantial iproveent of any residential building ( including anufactured hoes) shall have the lowest finished floor including electrical, heating, ventilation, plubing, air conditioning equipent, cable, telephone, and other service facilities, including duct work elevated to no lower than the base flood elevation plus iniu freeboard. Should solid foundation perieter walls be used to elevate a structure, there ust be a iniu of two openings on different sides of each enclosed area sufficient to facilitate autoatic equalization of flood hydrostatic forces in accordance with standards of subsection 54-48( 3). The following shall apply for single faily residential garage structures: When constructed as part of a detached or attached garage structure to the ain hoe, garages shall be constructed no lower than adjusted grade, as defined in Section Further, the overall height and structural coposition of the first floor garage structure shall be designed and built to accoodate a future raised floor slab to eet the height of base flood elevation plus iniu freeboard, subject to the height liitations provided in Section

45 When constructed under the ain hoe, the associated driveway shall be sloped upward fro the public right of way to a iniu elevation of adjusted grade, as defined in Section , and then ay slope downward to a lower garage elevation. The following shall apply to ultifaily residential garage structures: Access drives to garage structures shall be sloped upward fro the public right of way to a iniu elevation of adjusted grade, as defined in Section , and then ay slope downward to a lower garage elevation. Further, the overall height and structural coposition of the first floor garage structure shall be designed and built to accoodate a future raised floor slab to eet the height of base flood elevation plus iniu freeboard. b) The lowest floor of an addition to the nonsubstantial iproveent of a residential structure shall be elevated to no lower than the existing lowest finished floor elevation. 2) Nonresidential construction. a) All new construction and substantial iproveent of any coercial, industrial, or nonresidential building ( including anufactured hoes) shall have the lowest floor, including baseent, electrical, heating, ventilation, plubing, air conditioning equipent, cable, telephone, and other service facilities, including duct work, elevated to no lower than the base flood elevation plus iniu freeboard. All buildings located in A-zones ay be floodproofed, in lieu of being elevated, provided that all areas of the building coponents, together with attendant utilities and sanitary facilities, below the base flood elevation, plus one foot iniu freeboard are watertight with walls substantially ipereable to the passage of water, and use structural coponents having the capability of resisting hydrostatic and hydrodynaic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied using the FEMA floodproofing certificate. Such certification along with the corresponding engineering data, and the operational and aintenance plans shall be provided to the floodplain adinistrator. b) The lowest floor of an addition to the nonsubstantial iproveent of a coercial structure shall be elevated to no lower than the existing lowest finished floor elevation. c) All new construction and substantial iproveents to critical facilities shall have the lowest floor, including electrical, heating, ventilation, plubing, air conditioning equipent, cable, telephone, and other service facilities including duct work, elevated to no lower than the base flood elevation plus two ( 2) feet. 5

46 4) Standards for anufactured hoes and recreational vehicles. a) All anufactured hoes that are placed, or substantially iproved within azones A1-30, AH, and AE, on sites ( i) outside of an existing anufactured hoe park or subdivision, ( ii) in a new anufactured hoe park or subdivision, ( iii) in an expansion to an existing anufactured hoe park or subdivision, or ( iv) in an existing anufactured hoe park or subdivision on which a anufactured hoe has incurred " substantial daage" as the result of a flood, the lowest floor be elevated on a peranent foundation to no lower than the base flood elevation, plus freeboard and be securely anchored to an adequately anchored foundation syste to resist flotation, collapse, and lateral oveent. SECTION 5. Section " Standards for coastal high hazard areas ( V-zones)," is aended as follows: Located within areas of special flood hazard established in section are coastal high hazard areas, designated as zones V1- V30, VE, or V ( with BFE). The following provisions shall apply: 2) All new construction and substantial iproveents in zones V1- V30, VE, and V ( with BFE) shall be elevated on pilings or coluns so that: a) The botto of the lowest horizontal structural eber of the lowest floor excluding the pilings or coluns) is elevated to no lower than the base flood elevation, plus freeboard, whether or not the structure contains a baseent; and c) For all structures located seaward of the coastal construction control line ( CCCL), the botto of the lowest horizontal structural eber of the lowest floor of all new construction and substantial iproveents of the habitable structures, as defined in Florida Building Code Section 3109, shall be elevated to the 100-year flood elevation established by the Florida Departent of Environental Protection, plus freeboard or the base flood elevation, plus freeboard, whichever is the higher. 11) For all structures located seaward of the coastal construction control line ( CCCL), the botto of the lowest horizontal structural eber of the lowest floor of all new construction and substantial iproveents of the habitable structures, as defined in Florida Building Code Section 3109, shall be elevated to the flood elevation established by the Florida Departent of Environental Protection, plus freeboard or the base flood elevation, plus freeboard, whichever is higher. All non- elevation design requireents subsections 54-51( 2) through ( 10) shall apply. 6

47 ji ss.. er SECTION 6. CODIFICATION. It is the intention of the Mayor and City Coission of the City of Miai Beach, and it is hereby ordained that the provisions of this ordinance shall becoe and be ade part of the Code of the City of Miai Beach, Florida. The sections of this ordinance ay be renubered or relettered to accoplish such intention, and the word " ordinance" ay article", or other appropriate word. be changed to " section", SECTION 7. REPEALER. repealed. SECTION 8. All ordinances or parts of ordinances in conflict herewith be and the sae are hereby If any SEVERABILITY. section, subsection, clause or provision of this Ordinance is held invalid, the reainder shall not be affected by such invalidity. SECTION 9. EXCEPTIONS. This ordinance shall not apply to anyone who filed a copleted application package for Board of Adjustent, Historic Preservation Board or Design Review Board Approval with the Planning Departent on or before June 8, 2016; or anyone who obtained a Building Perit Process Nuber fro the Building Departent on or before June 8, SECTION 10. EFFECTIVE DATE. This Ordinance shall take effect on June 8, PASSED AND ADOPTED this 1/ day of rho 20,,6= Philip Levi - 11 ATTE rr 67 4e'. 0\ 8 A., C', T I% f. r Rafa- I E. Granado, C y _= V\,, s-:::,, :::: 0_,..% a for' APPROVED AS TO FORM AND LANGUAGE INCORP' ND FOR EXEC ORATED: f-:-... AA.../ tr., /-- 5 N--/- e TI 9N 12...( 11, v, City Attorney Date 2,\=--:' First Reading: April 13, = 7= Second Reading: May 11, 016 Verified By: I ' r' I Thoas R. Mooney, A' P Planning Director 7

48 Underline = new language StFikethreugh= deleted language Sponsored by Coissioner Joy Malakoff] T:\AGENDA\2016\ May\Planning\ Height-Freeboard Ch 54-2nd Reading ORD- ADOPTED.docx 8

49 Condensed Title: COMMISSION ITEM SUMMARY An ordinance aending Chapter 54 of the City Code as it pertains to freeboard and iniu finished floor elevations, and an ordinance aending the Land Developent Regulations of the City Code as it pertains to building height, base flood elevation, grade and yard elevation requireents. Keep to one line Key Intended Outcoe Supported: Increase satisfaction with neighborhood character. Increase satisfaction with developent and growth anageent across the City. Supporting Data( Surveys, Environental Scan, etc businesses rate the effort put forth by the City to regulate developent is" about the right aount." 48% of residential respondents and 55% of Ite Suary/ Recoendation: SECOND READING PUBLIC HEARING The first ordinance would aend Chapter 54, " Floods", by establishing a iniu and axiu freeboard above base flood elevation for all properties and the second ordinance would aend the Land Developent regulations pertaining to the calculation of building height, and establish iniu elevations of required yards in single faily districts. On January 20, 2016, the Land Use and Developent Coittee recoended that the City Coission refer the proposed ordinances to the Planning Board. On February 10, 2016, the City Coission referred the subject ordinance aendents ( Ite C4C) to the Planning Board. On April 13, 2016, the City Coission 1) accepted the recoendation of the Land Use and Developent Coittee via separate otion; and 2) approved the attached Ordinances at First Reading and set a Second Reading Public Hearing for May 11, The Adinistration recoends that the City Coission adopt the ordinances. Advisory Board Recoendation: On March 22, 2016, the Planning Board transitted the proposed ordinance with odifications to the City Coission with a favorable recoendation ( vote 6 to 0). Financial Inforation: Source of Aount Account Funds: OBPI Total Financial Ipact Suary: In accordance with Charter section 5. 02, which requires that the " City of Miai Beach shall consider the long- ter econoic ipact( at least five years) of proposed legislative actions," this shall confir that the City Adinistration evaluated the long-ter econoic ipact ( at least five years) of this proposed legislative action, and deterined that there will be no easurable ipact on the City' s budget. City Clerk' s Office Legislative Tracking: Thoas Mooney Sign- Offs: Departent Director Assistant City Manager City Manager Slyi T:\AGENDA\2016\ May\Planning\ Height Freeboard Grade and Yard Elevations- Seco d eading SUM.docx RS F AGENDA ITE MIAMIBEACH S- 1( 0 DATE

50 MIAMI BEACH City of Miai Beach, 1700 Convention Center Drive, Miai Beach, Florida 33139, www. iaibeachfl. gov COMMISS ; N MEMORANDUM TO: Mayor Philip Levine and Mebers the City oission FROM Jiy L. Morales, City Manager DATE: May 11, 2016 ECOND READING PUBLIC HEARING SUBJECT: Freeboard height and iniu f ished floor elevations. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SUBPART A GENERAL ORDINANCES, OF THE CITY CODE, BY AMENDING CHAPTER 54 FLOODS" AT SECTION 54-35, " DEFINITIONS," BY AMENDING THE DEFINITIONS FOR BASE FLOOD ELEVATION, CROWN OF ROAD, AND FREEBOARD, AND TO ESTABLISH DEFINITIONS FOR CENTERLINE OF ROADWAY, FUTURE CROWN OF ROAD, MINIMUM FREEBOARD, MAXIMUM FREEBOARD, GREEN INFRASTRUCTURE, LOW IMPACT DEVELOPMENT ( LID), AND SURFACE STORMWATER SHALLOW CONVEYANCE; AND BY AMENDING SECTION 54-47, " GENERAL STANDARDS" BY REQUIRING A STORMWATER MANAGEMENT PLAN; AND BY AMENDING SECTION 54-48, " SPECIFIC STANDARDS" BY CLARIFYING THE MINIMUM ELEVATION OF THE LOWEST FINISHED FLOOR FOR RESIDENTIAL AND NON- RESIDENTIAL CONSTRUCTION AND REQUIRING A MINIMUM ELEVATION FOR GARAGE ENTRANCES; AND BY AMENDING SECTION 54-51, " STANDARDS FOR COASTAL HIGH HAZARD AREAS ( V-ZONES)," BY CLARIFYING THE MINIMUM ELEVATION OF THE LOWEST FLOOR OF ALL NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. Building height, base flood elevation, grade and yard elevation requireents. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY' S LAND DEVELOPMENT REGULATIONS, BY AMENDING CHAPTER 114, GENERAL PROVISIONS," AT SECTION 114-1, " DEFINITIONS," BY AMENDING THE DEFINITIONS FOR GRADE, FUTURE ADJUSTED GRADE, AND BUILDING HEIGHT, AND TO ESTABLISH BY REFERENCE TO CHAPTER DEFINITIONS FOR BASE FLOOD ELEVATION, CROWN OF ROAD, FUTURE CROWN OF ROAD, FREEBOARD, MINIMUM FREEBOARD, MAXIMUM FREEBOARD, GREEN INFRASTRUCTURE, FUTURE ADJUSTED GRADE, AND SURFACE STORMWATER SHALLOW CONVEYANCE; BY AMENDING CHAPTER 142, " ZONING DISTRICTS AND REGULATIONS," DIVISION 2, " RS- 1, RS-

51 Coission Meorandu Ordininance Aendents Freeboard& Grade Elevation and Height May 11, 2016 Page 2 of 10 2, RS- 3, RS- 4 SINGLE- FAMILY RESIDENTIAL DISTRICTS," BY AMENDING AND CLARIFYING THE MAXIMUM ELEVATION WITHIN A REQUIRED YARD AND PROVIDING A MINIMUM ELEVATION REQUIREMENT FOR NEW CONSTRUCTION, AND AMENDING HOW MAXIMUM BUILDING HEIGHT IS CALCULATED; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Adinistration recoends that the City Coission adopt the ordinances. These ordinances are based on recoendations developed by storwater and flooding consultant AECOM and vetted by the Mayor's Blue Ribbon Panel on Sea Level Rise and city staff. The ordinances will not only reduce our risk to sea level rise and flooding, but also will protect against stor surge as referenced in the suary chart herein. Furtherore, these recoendations protect and enhance our econoic resiliency in light of forth coing insurance refor, the upcoing FEMA flood ap requireents and to iprove our Counity Rating Syste ( CRS) score that affects private property insurance. BACKGROUND On October 14, 2015, at the request of Coissioner Malakoff, the City Coission referred a discussion ite regarding aendents to the City Code to iprove the City' s resiliency to sea level rise, flooding and natural disasters to the Land Use and Developent Coittee ( Ite C4D). On January 20, 2016 the Land Use Coittee discussed the ites and recoended that the attached Ordinance Aendents be referred to the Planning Board. On February 10, 2016 the City Coission referred the proposed Ordinance Aendents Ite C4D) to the Planning Board for review and recoendation. Coissioner Joy Malakoff is the sponsor of the proposed Ordinances. ANALYSIS There are two related ordinance aendents attached. The first ordinance aends chapter 54, " Floods,", and the second ordinance aends the Land Developent Regulations, including references to chapter 54. The following is a list of ters, along with their coon definitions, which are used throughout this analysis: Freeboard eans the additional height between the iniu finished floor elevation and the base flood elevation. Freeboard tends to copensate for any unknown factors, such as wave action, storwater conveyance ipedients such as blockage of bridge or culvert openings, and other factors, which could contribute to greater flood heights. Base Flood Elevation eans the regulatory elevation associated with building elevation, floodproofing, protection of building systes and utilities and other flood protection provisions as identified in current FEMA FIRM panels. Currently within the City of Miai Beach, this elevation ranges between 7 to 10 feet NGVD. FEMA Federal Eergency Manageent Agency. FEMA is an agency Security, of Hoeland with the stated ission to "support our citizens and first responders to ensure that as a

52 Coission Meorandu Ordininance Aendents Freeboard& Grade Elevation and Height May 11, 2016 Page 3 of 10 nation we work together to build, sustain and iprove our capability against, respond to, recover fro and itigate all hazards." to prepare for, protect FIRM Flood Insurance Rate Map. This is the official ap of a counity on which FEMA has delineated both the special hazard areas and the risk preiu zones applicable to the counity. NGVD and NAVD are reference surface vertical datus ( a fixed starting point) used to ensure that all elevation records are properly related. The current national datu is the National Geodetic Vertical Datu ( NGVD) of 1929, which is expressed in relation to ean sea level, or the North Aerican Vertical Datu (NAVD) of NGVD 29 used a siple odel of gravity based on latitude to calculate the approxiate sea level and did not take into account other variations. Thus, the elevation difference for points across the country does change between NGVD and NAVD. In order to convert between the two datus in Miai Beach, is added to an elevation that is expressed as NAVD. For exaple, 5. 0 feet NAVD = feet NGVD. Although NAVD is a ore updated standard, NGVD is still ore widely reference datus are included in this analysis. used, thus both LID - Low-Ipact Developent techniques iic natural processes to anage storwater, and are frequently techniques. cheaper and ore attractive than traditional storwater anageent Southeast Florida Regional Cliate Change Copact Unified Sea Level Rise Proiections fro 1992 to The projection highlights three planning horizons: 1. Short ter, by 2030, sea level is projected to rise 6 to 10 inches above 1992 ean sea level, 2. Mediu ter, by 2060, sea level is projected to rise 14 to 34 inches above 1992 ean sea level, 3. Long ter, by ean sea level. 2100, sea level is projected to rise 31 to 81 inches above 1992 The Miai Beach City Coission adopted these projections for planning purposes on March 9, 2016.

53 Coission Meorandu Ordininance Aendents Freeboard& Grade Elevation and Height May 11, 2016 Page 4 of 10 Unified Sea Level Rise Projection Southeast Flo- da Regional Cliate Change Carload. 2015) ARS r Ie ( inches) inches) su p a ( Inches) R M NOAA High USAGE High Medlin Year w h, r.ss s r-. river WW1«aww. rise tee w- 0 NOD 1, , a} a_ r t 2 r 4 IOW O/? CU rea" Figure 1: Unified Sea level Rise projection. Thaws protections are referenced to ean sea level at the Key West tide gauge. The projection includes three global curves adapted for regional application; the edian of the IPCC ARS RCPS. S scenario as the lowest boundary( blue dashed curve), the USACf High turwe as the upper boundary for the short ter for use until 2060( solid blue tine) and the NOAA High curve as the upperost boundary for ediu and tong ter use( orange solid curve). The incorporated table lists the projection values at years and The USACE Interediate or NOAA Interediate Low curve is displayed on the figure for reference( green dashed curve). This scenario would require significant reductions in greenhouse gas eissions in order to be plausible and does not reflect current eissions trends. AECOM is the consultant for the developent of the City' s Coprehensive Resiliency Progra. AECOM' s have recoendations been incorporated into the proposed ordinances. The following is a suary of the proposed legislation: Miniu Base Flood Elevation: Liited areas of the City are depicted on the current FEMA FIRM panels as having a base flood elevation of 7. 0 feet NGVD. inundation odeling Although the designation of base flood elevations are based on FEMA, further research and odeling as part of the ongoing City of Miai Beach Flood Mitigation Study indicates that during a large stor event, this area coastal by will be faced with siilar flood risks as the surrounding areas currently apped with a base flood elevation of 8. 0 feet NGVD. Therefore, to the City provide adequate protection of properties within adopt renovation and However, it a base flood iniu new construction be elevation projects, of this zone, it is recoended that 8. 0 feet NGVD. This will affect ajor requiring a one foot higher finish floor elevation. that this ordinance is intended to apply only to design and peritting requireents in the City and is not intended to be used as an insurance rate tool. should noted The adopted FEMA FIRM panels will continue to be used for this purpose. New FEMA FIRM odeling, providing panels will updated be available as soon as based on revised coastal base flood elevations for the entire City. Once these FEMA aps

54 Coission Meorandu Ordininance Aendents Freeboard& Grade Elevation and Height May 11, 2016 Page 5 of 10 are adopted by the City, this section of the code ay require additional revisions. Building Freeboard As sea levels and stor severity continue to increase, low lying infrastructure including buildings ust also elevate in order to reduce risk or aintain low risk fro potential flood daage. Consistent with U. S. Federal and State guidance, these code changes provide the basic level of protection for buildings through inial freeboard requireents. This noinal change in new building finish floor elevation requireents will provide additional levels of protection, potentially s current NFIP CRS ( National Flood reduce insurance preius and enhance the City' Insurance Progra Counity Rating and business owners in the City. As proposed, a iniu freeboard of one ( 1) Syste) status, which can have benefits to all residents foot, and a axiu freeboard of five ( 5) feet would be established at this tie. Building heights would be easured fro the base flood elevation plus the actual freeboard provided, which would be between the iniu ( 1') and axiu ( 5') freeboard. In order to account for the future raising of streets and sidewalks for coercial properties, the easureent of building height is also proposed to be odified. Coercial properties often have zero or inial setbacks, and it is preferable fro a business perspective and urban design standpoint to have such coercial uses located at the sae level as the sidewalk. In order to accoodate the future raising of streets and sidewalks, additional height will have to be built into projects today, so that the building can be odified with a future raised floor slab to eet the future raised public sidewalk. As proposed, for projects that are designed to accoodate a future raised slab to eet the future sidewalk level, building height would be easured fro the base flood elevation plus the provided freeboard. Currently, height for coercial properties that are located predoinately at the sidewalk level, are easured fro the iniu first floor elevation. Seawall Elevation and Design ( included for reference) The City of Miai Beach is surrounded by water and protected fro erosion and daage fro wave action by seawalls. Since uch of the island was built out over 50 years ago, any of these sea walls are at a low elevation reducing their effectiveness as the first line of defense against wave energy. For this reason, elevating this critical eans of protection for the City is paraount to incorporating resilience. Understanding the unintended consequences to view sheds fro low lying hoes, it is recognized that not all sea walls can be built to the ideal elevation of 5. 7 feet NAVD at this tie. For this reason and to continue protecting properties within the City, private sea walls are recoended to be elevated to an elevation of at least 4. 0 feet NAVD, offering additional levels of protection with inial adverse ipacts to view sheds. In addition to the increase in elevation for private sea walls, the design of the new/ renovated walls shall also incorporate a ore robust design including larger footer, rebar, width, etc. enabling a retrofit to elevation 5. 7 feet NAVD with inial effort such as with a height extension and new cap. As proposed, all new public sea walls would be constructed to a iniu elevation of 5. 7 feet NAVD. Any private sea walls ipacted by public right-of-way projects involving City funds would also be constructed to the iniu elevation of 5. 7 feet NAVD

55 Coission Meorandu Ordininance Aendents- Freeboard& Grade Elevation and Height May 11, 2016 Page 6 of 10 consistent with public sea walls. Specifically, Elevation", is proposed to be aended as follows: the Public Works Manual, Section A.2 " General Requireents Sea Wall 5) The iniu height top of wall elevation required requireent when replacing/ repairing a public seawall is & ft. NAVD ( ft. NGVD). 5a) The iniu top of wall elevation required when replacing/ repairing a private seawall is 4. 0 ft. ( NAVD 88), unless part of right- of-way project. However, the seawall structural design shall accoodate a future retrofit for a seawall height extension up to a iniu elevation of 5. 7 ft. NAVD ( ft. NGVD). 9) When existing seawalls are disturbed as part of a right-of-way project they ust be raised to a iniu elevation of 5. 7 ft. NAVD. ( no change) Miniu Residential Lot Grade: Recently, the City Coission aended the requireents for raising yards within Single Faily Districts as an adaptation easure to address the effects of sea level rise. Within single faily districts, the axiu elevation of a required front yard and side yards facing a street is liited to no higher than the greater of `adjusted grade', which is the idpoint between the base floor elevation ( BFE) and `sidewalk grade', or 30 inches above ' sidewalk grade'. Grade is the sidewalk elevation at the center of the property. For exaple, if grade is 4 feet NGVD, and the base flood elevation ( BFE) is 8 feet NGVD, then adjusted grade is 6 feet NGVD. Since the adjusted grade' is,. only 24 inches above ' grade', in this instance the axiu elevation of a required yard could be raised to 30 inches above grade or 6 feet 6 inches NGVD. As part of its overall review, AECOM has recoended that if the elevation of required yards is less than elevation 2. 5 feet NAVD, then required yards ay be elevated to 5. 0 feet NAVD. While the previous aendents reflect iproveents in addressing concerns over sea level rise, there needs to be better agreeent between the Land Developent Regulations ( LDR' s) and the Miai Beach Storwater Manageent Master Plan ( SMP). The adopted SMP calls for the raising of the iniu crowns of roadways in various parts of the City to approxiately 5.26 feet NGVD ( 3. 7 feet NAVD). In order to iprove consistency between the SMP and LDR' s, the proposed ordinance establishes a definition for the `future crown of the road', where the SMP is referenced. It also establishes a `future adjusted grade' which is the idpoint elevation between the future crown of the road and the base flood elevation ( BFE). In order to accoodate the raising of the roadways and public sidewalks, the proposed ordinance would require that all required yards be raised to a iniu elevation of 5 feet NAVD feet NGVD), with the exception of driveways, private walkways, grade transition areas, surface Storwater shallow conveyance and LID features and areas where landscaping is to be preserved. However, it would still require that fences within front yards and side yards facing a street be easured fro the existing ' sidewalk grade'. between the public right of way and private property ipleented over tie. This will allow for better transitions as the Storwater Master Plan is

56 Coission Meorandu Ordininance Aendents Freeboard& Grade Elevation and Height May 11, 2016 Page 7 of 10 SUMMARY These recoendations were developed by storwater and flooding consultant AECOM and vetted by the Mayor's Blue Ribbon Panel on Sea Level Rise and city staff. The proposals contained in the subject ordinances will not only reduce the city' s risk to sea level rise and flooding, but also will protect against. stor surge as referenced in the suary chart. Furtherore, these recoendations protect and enhance our econoic resiliency in light of forth coing insurance refor, the upcoing FEMA flood ap requireents and to iprove our Counity Rating Syste ( CRS) score that affects private property insurance. These requireents will be reviewed periodically against the best available science, in order to adjust and to continue adapting. The following chart provides a coparison of the priary above: changes proposed, as described Risk Risk Level of Reduction Equivalent Reduction LDR Policy Protection Equivalent fro Stor fro Code/ Elevation fro SLR Stor 1- ft Requireent Surge City NAVD) & 2. 0 ft. Surge Increasing increase Policy ft. King Tide Protection ( return Flood in BFE period) Insurance ft.) fro FIRM Costs update Base Flood Elevation (BFE) ( based on low elevation) actual BFE varies 5.44 Feet NAVD Existing Cat. 1 7 Feet NGVD) 25-yr stor no no 6.44 Feet NAVD for for Proposed Cat yr properties properties stor at risk in 7 at risk in 7 8 Feet ft BFE zone ft BFE zone NGVD) Freeboard (co. & res.) * varies with BFE elevation (based on proposed in.) for for Existing BFE + 0 ft Cat yr properties properties stor at risk in 7 at risk in 7 ft BFE zone ft BFE zone

57 Coission Meorandu Ordininance Aendents Freeboard& Grade Elevation and Height May 11, 2016 Page 8of10 onlyy until onlyy until 100- yr 1 ft Cat. 1 increase in increase in stor BFE occurs BFE occurs yes, soe yes, soe 100- yr Proposed 2 ft Cat. 2 cost cost stor reduction reduction yes, ax. yes, soe 100- yr 3 ft Cat. 2 cost cost stor reduction reduction Freeboard ( co. & res.) * varies with BFE elevation ( based on proposed in.) [ CONTINUED] Proposed CONT.] yes, ax. 4 ft Cat yr yes cost stor reduction 5 ft Cat yr yes yes stor Freeboard ( critical infrastructure) Existing yes, soe yes, soe 100- yr critical 2 ft Cat. 2 cost cost stor infra) reduction reduction Proposed yes, ax. yes, soe 100- yr critical 3 ft Cat. 3 cost cost stor infra) reduction reduction Seawall Elevation ( Private) 3.2 FT NAVD 2- year Existing FT Cat. 0 n/ a n/ a stor NGVD) 4. 0 FT NAVD Proposed ( FT 4 2 Cat. 0 5 Yr interi) NGVD) stor n/ a n/ a 5. 7 FT NAVD 50-yr Proposed ( 7.26 FT Cat. 1 n/ a n/ a stor NGVD) Seawall Elevation ( Public) 3. 2 FT NAVD Existing FT Cat. 0 NGVD) 2- year stor n/ a n/ a

58 Coission Meorandu Ordininance Aendents Freeboard& Grade Elevation and Height May 11, 2016 Page 9 of FT NAVD Proposed ( FT Cat. 1 NGVD) 50-yr stor n/ a n/ a avg. of Existing sidewalk and varies BFE 5. 0 Feet Miniu required yard elevation (existing lot elev. varies) Proposed 25 yr 5 3 Cat Feet stor NGVD) n/ a n/ a PLANNING BOARD REVIEW On March 22, 2016, the Planning Board transitted the proposed ordinances to the City Coission with a favorable recoendation, including two notable changes. As recoended by the Mayor's Blue Ribbon Panel on Flooding and Sea Level Rise, the Planning Board recoended increasing the axiu freeboard fro three ( 3') feet to five ( 5') feet above the base flood elevation., The Board also recoended that single faily hoes which are individually designated as historic structures, or are classified as `contributing' buildings in a local historic district, be exept fro the iniu yard elevation requireents. These recoendations have been incorporated into the text of the attached ordinances and denoted with a double underline. The issue of how to address sea level rise in historic districts is being further reviewed by staff and by the Mayor's Blue Ribbon Panel on Sea Level Rise. FINANCIAL IMPACT In accordance with Charter Section 5. 02, which requires that the " City of Miai Beach shall consider the long ter econoic ipact (at least five years) of proposed legislative actions," this shall confir that the City Adinistration City Adinistration evaluated the long ter econoic ipact ( at least five years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal ipact upon the City. UPDATE On April 13, 2016, the subject ordinances were approved at First Reading and a Second Reading Public Hearing was set for May 11, The Coission also requested that guidelines be included for the regulation of raising front yards, in order to ensure a ore gradual transition fro the sidewalk level to the higher yard elevation requireents. The ordinance for Chapter 142 has been odified to account for this transition by liiting the height of retaining walls constructed within four ( 4') feet of the front and sideyard facing the street property lines, to no ore than 30 inches above the existing adjacent sidewalk or grade elevation. Beyond that point, retaining walls would also be liited to 30 inches above the adjacent grade, and yard slopes would be liited to no ore than 11% ( 5: 1, horizontal: vertical). These requireents would ensure that higher yards transition in a stepped or terraced anner down to the lower sidewalk level, and not overwhel adjacent older hoes.

59 Coission Meorandu Ordininance Aendents Freeboard& Grade Elevation and Height May 11, 2016 Page 10 of 10 As a point of reference, ost single faily hoe lots in the City are less than 30" below the new iniu yard elevation of 5. 0 Feet NAVD ( feet NGVD), thus a retaining wall of less than 30" would be required in order to raise ost yards up to the new iniu standard. This new standard would only apply to new hoe construction, and substantial iproveents to existing structures. Substantial iproveent eans any reconstruction, rehabilitation, addition, or other iproveent of a structure, taking place during a one-year period, in which the cuulative cost of which equals or exceeds 50 percent of the arket value of the structure before the " start of construction" of the iproveent. Additionally, retaining walls will be required to be finished with stucco, stone, or other high quality aterials, as well as satisfy the applicable design criteria in Section In this regard, there ay be instances where the interior sidewalls abut an existing property with dense landscaping and/ or hedges, so the specific aterial and stepping of the walls can be evaluated on a case by case basis. RECOMMENDATION The Adinistration recoends that the City Coission adopt the ordinances. Nv JLM/ SMT/TRM/ MAB T:\AGENDA\2016\ May\ Planning\ Height Freeboard Grade and Yard Elevations- Second Reading MEM REVISED FINAL.docx

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61 DEVELOPMENT REGULATIONS GRADE_ELEVATIONS AND HEIGHT ORDINANCE NO AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY' S LAND DEVELOPMENT REGULATIONS, BY AMENDING CHAPTER 114, " GENERAL PROVISIONS," AT SECTION 114-1, " DEFINITIONS," BY AMENDING THE DEFINITIONS FOR GRADE, FUTURE ADJUSTED GRADE, AND BUILDING HEIGHT, AND TO ESTABLISH BY REFERENCE TO CHAPTER DEFINITIONS FOR BASE FLOOD ELEVATION, CROWN OF ROAD, FUTURE CROWN OF ROAD, FREEBOARD, MINIMUM FREEBOARD, MAXIMUM FREEBOARD, GREEN INFRASTRUCTURE, FUTURE ADJUSTED GRADE, AND SURFACE STORMWATER SHALLOW CONVEYANCE; BY AMENDING CHAPTER 142, ZONING DISTRICTS AND REGULATIONS," DIVISION 2, " RS- 1, RS- 2, RS- 3, RS- 4 SINGLE- FAMILY RESIDENTIAL DISTRICTS," BY AMENDING AND CLARIFYING THE MAXIMUM ELEVATION WITHIN A REQUIRED YARD AND PROVIDING A MINIMUM ELEVATION REQUIREMENT FOR NEW CONSTRUCTION, AND AMENDING HOW MAXIMUM BUILDING HEIGHT IS CALCULATED; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, sea level rise and flooding is an ongoing concern of the City; and WHEREAS, the City hired AECOM to produce a report relating to Enhancing Resiliency and to Review the City of Miai Beach' s code of ordinances and regulations to assist the City in enhancing sustainability and resiliency in the face of cliate change and increased flooding events; and WHEREAS, the FEMA FIRM panels indicate a base flood elevation in certain areas of the City of 7.0 feet NGVD, and AECOM indicates that a large stor event would create a flood risk situation even at a flood elevation of 8. 0 feet NGVD; and WHEREAS, due to the foregoing, it is within the police powers of the City, for the health, safety and welfare of the City of Miai Beach, that existing low-lying infrastructure and future construction projects for structures, including buildings, be elevated in order to reduce risk or aintain low risk fro potential flood daage; and WHEREAS, in 2015, as one of the City's efforts to cobat flooding and sea level rise, the City has previously ipleented increased height requireents for sea walls in order to ore fully protect the City and its residents fro flooding; and WHEREAS, the City is also ipleenting " freeboard," the additional height, usually expressed as a factor of safety in feet, above a flood level for purposes of floodplain anageent, which factor is to be utilized in future construction projects in developing first floor elevations, in order to protect the structures fro flooding events; and WHEREAS, it is appropriate consistent with the " freeboard" aendents to the Code, and the desire to develop enhanced storwater retention procedures for all properties, as well as the ipleented increased heights of sea walls, the Adinistration recoends aending to aend the axiu elevation requireents within required yards of single faily districts to eliinate or itigate any conflict with the City's efforts corresponding legislation enacted to address sea level rise and flood itigation easures; and 1

62 WHEREAS, the regulation of grade elevations in single faily districts is necessary in order to ensure copatible developent within the built character of the single- faily neighborhoods of the City; and WHEREAS, these regulations will accoplish these goals and ensure that the public health, safety and welfare will be preserved in the City. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Section 114-1, " Definitions", is aended as follows: Base flood elevation, for the City of Miai Beach shall be as defined in Section Crown of road, shall be as defined in Section Crown of road, future, shall be as defined in Section Freeboard shall be as defined in Section Freeboard, iiu shall be as defined in Section Freeboard, axiu shall be as defined in Section Green Infrastructure shall be as defined in Section Grade eans the city sidewalk elevation at the centerline of the front of the property. If there is no sidewalk, the elevation of the crown of the road at the centerline of the front of the property shall be used. Grade, adjusted eans the idpoint elevation between grade and the iniu required flood elevation for a lot or lots. Grade, future adjusted, eans the idpoint elevation between the future crown of the road as defined in the CDM Sith Storwater Plan, and the base flood elevation plus iniu freeboard for a lot or lots. 2

63 Height of building eans the vertical distance fro the lowest floor according to the following, as applicable: a) When the iniu finished floor elevation is located between grade and base flood elevation plus freeboard, height shall be easured fro the iniu finished floor elevation to the highest point of the roof; 4s)( b) fo$fi When the iniu finished floor elevation is located above the base flood elevation plus freeboard, height shall be easured fro the base flood elevation plus freeboard. The highest point of a roof is as follows: 1. The highest point of a flat roof; 2. The deck line of a ansard roof; 3. The average height between eaves and ridge for gable hip and gabrel roofs; or 4. The average height between high and low points for a shed roof. c) As all rights- of-way have not yet been elevated, for coercial properties, height shall be easured fro the base flood elevation, plus freeboard, provided that the height of the first floor shall be tall enough to allow the first floor to eventually be elevated to base flood elevation, plus iniu freeboard, once the adjacent right of way is elevated as provided under the City' s Public Works Manual. Surface storwater shallow conveyance shall be as defined in Section SECTION 2. as follows: Section , " Developent regulations and area requireents", is aended b) The developent regulations for the RS- 1, RS-2, RS- 3, RS- 4 single-faily residential districts are as follows: 1) Lot area, lot width, lot coverage, unit size, and building height requireents. The lot area, lot width, lot coverage, and building height requireents for the RS- 1, RS- 2, RS- 3, RS-4 single-faily residential districts are as follows: Zoning Miniu Miniu Lot Maxiu Lot Maxiu District Lot Area Width (feet)* Coverage for a Unit Size square 2- story Hoe (% (% of Lot Maxiu Building Height, which shall not exceed two stories above the MiRifiltill4 base flood elevation, plus freeboard in all 3

64 feet) of lot area)** Area) districts*** RS- 1 30, % 50% RS- 2 18, % 50% 28 feet- flat roofs. 31 feet - sloped roofs. 24 feet- flat roofs. RS- 3 10, feet- sloped roofs May be increased up to 28 feet for flat roofs and 31 feet for Oceanfront 30% 50% lots. sloped roofs when approved by the DRB or HPB, in accordance 60 - All others with the applicable design review or appropriateness criteria. RS- 4 6, % 50% 24 feet - flat roofs. 27 feet- sloped roofs. fro the n Height shall be easured required base ExceptExcept those ** Single 9 story flood elevation for the lot, plus lots fronting on - hoes shall freeboard, easured to the top a cul-de-sac or follow the of the structural slab for a flat circular street requireents of roof and to the id- point of the as defined in section 142- slope for a sloped roof. Single lot width 105( b)( 4) b. story hoes shall follow the requireents of section (b)(4) b 2) Maxiu nuber of stories. The axiu nuber of stories shall not exceed two above the base flood elevation, plus freeboard. 4) Unit size requireents. d. Non- air conditioned space located below iniu flood elevation, plus freeboard. Notwithstanding the above, for those properties located in the RS- 1, RS- 2, RS- 3, RS-4 single-faily residential districts, where the first habitable floor is required- to be located six feet or ore above existing grade in order to eet iniu flood elevation requireents, including freeboard, the following shall apply: 1. The height of the area under the ain structure ay have a axiu floor to ceiling clearance of seven feet six inches fro grade the lowest level slab 4

65 provided _ l- -- = - '- -- -' Up to, but not exceeding, 600 square feet of segregated parking garage area ay be peritted under the ain structure. 3. The area under the first habitable floor of the ain structure shall consist of non- air conditioned space., Such area shall not be subdivided into different roos, with the exception of the parking garage area, and required stairs and/ or elevators. 4. The parking garage area and the open, non-air-conditioned floor space located directly below the first habitable floor, shall not count in the unit size calculations e-- - " e- e-. 8) Exterior building and lot standards. The following shall apply to all buildings and properties in the RS- 1, RS- 2, RS- 3, RS- 4 single-faily residential districts: a. Exterior bars on entryways, doors and windows shall be prohibited on front and side elevations, which face a street or right-of-way. b. Miniu yard elevation requireents. 1. The iniu elevation of a required yard shall be no less than five ( 5) feet NAVD ( 6.56 feet NGVD), with the exception of driveways, walkways, transition areas, green infrastructure ( e. g., vegetated swales, pereable paveent, rain gardens, and rainwater/storwater capture and infiltration devices), and areas where existing landscaping is to be preserved, which ay have a lower elevation. When in conflict with the axiu elevation requireents as outlined in paragraph c. below, the iniu elevation requireents shall still apply. 2. Exeptions. The iniu yard elevation requireents shall not apply to properties containing single faily hoes individually designated as historic structures, or to properties with single-faily hoes designated as ' contributing' within a local historic district. bc. Maxiu yard elevation requireents. The axiu elevation of a required yard shall be in accordance with the following, however in no instance shall the elevation of a required yard, exceed the iniu flood elevation, plus freeboard: 1. Front Yard. The axiu elevation within a required front yard shall not exceed adjusted grade, of 30 inches above grade, or future adiusted grade, whichever is greater. In this instance the axiu height of any fence(s) or wall( s) in the required front yard, constructed in copliance with Section ( h), " Allowable encroachents within required yards", shall be easured fro existing grade. 5

66 2. Interior Side Yards ( located between the front setback line and rear property line). The axiu elevation shall not exceed adjusted grade, or 30 inches above grade, whichever is greater, except: a. When the average grade of an adjacent lot along the abutting side yard is equal or greater than adjusted grade, the axiu elevation within the required side yard shall not exceed 30 inches above adjusted grade. b. When abutting a vacant property, the axiu elevation within the required side yard shall not exceed 30 inches above adjusted grade. c.. Notwithstanding the above, when abutting property owners have jointly agreed to a higher elevation, both side yards ay be elevated to the sae higher elevation through the subission of concurrent building perits, not to exceed the iniu required flood elevation. In this instance the axiu height of any fences or walls along the adjoining property lines, constructed in accordance with Section ( h), Allowable encroachents within required yards, shall be easured fro the new average grade of the required side yards. 3. Side Yard Facing a Street. The axiu elevation within a required side yard facing a street shall not exceed adjusted grade of 30 inches above grade, or future adjusted grade, whichever is greater. In this instance the axiu height of any fence(s) or wall( s) in the required side yard facing a street, constructed in copliance with Section ( h), " Allowable encroachents within required yards", shall be easured fro existing grade. 4. Rear Yard. The axiu elevation for a required rear yard, ( not including portions located within a required sideyard or sideyard facing the street), shall be calculated according to the following: a. Waterfront. The axiu elevation shall not exceed the base flood elevation, plus freeboard. b. Non- waterfront. The axiu elevation shall not exceed adjusted grade, or 30 inches above grade, whichever is greater, except: i. When the average grade of an adjacent lot along the abutting rear yard is equal or greater than adjusted grade, the axiu elevation within the required rear yard shall not exceed 30 inches above adjusted grade. ii. When abutting a vacant property, the axiu elevation within the required rear yard shall not exceed 30 inches above adjusted grade. iii. Notwithstanding the above, when abutting property owners have jointly agreed to a higher elevation, both rear yards ay be elevated to the sae higher elevation through the subission of concurrent building perits, not to exceed the iniu required flood elevation. In this instance the axiu height of any fences or walls along the adjoining property lines, constructed in accordance with Section ( h), Allowable encroachents within required yards, shall be easured fro the new average grade of the required rear yards. 6

67 5. Storwater retention. In all instances where the existing elevation of a site is odified, a site shall be designed with adequate infrastructure to retain all storwater on site in accordance with all applicable state and local regulations. 6. Retaining wall and yard slope requireents. Within the required front yard and within the required sideyard facing a street the following shall apply; SECTION 4. CODIFICATION. 1. Within the first four ( 4) feet of the property line, the axiu height of retaining walls shall not exceed 30 inches above existing sidewalk elevation, or existing adjacent grade if no sidewalk is present. 2. When setback a iniu of four ( 4) feet fro the property line, the axiu height of retaining walls shall not exceed 30 inches above adjacent grade. 3. Retaining walls shall be finished with stucco. stone. or other high quality aterials, in accordance with the applicable design review or appropriateness criteria of Section The axiu slope of the required front and sideyard facing a street shall not exceed 11% ( 5: 1 horizontal: vertical). It is the intention of the Mayor and City Coission of the City of Miai Beach, and it is hereby ordained that the provisions of this ordinance shall becoe and be ade part of the Code of the City of Miai Beach, Florida. The sections of this ordinance ay be renubered or relettered to accoplish such intention, and the word " ordinance" ay be changed to " section", article", or other appropriate word. SECTION 5. REPEALER. repealed. SECTION 6. All ordinances or parts of ordinances in conflict herewith be and the sae are hereby If any SEVERABILITY. section, subsection, clause or provision of this Ordinance is held invalid, the reainder shall not be affected by such invalidity. SECTION 7. EXCEPTIONS. This ordinance shall not apply to anyone who filed a copleted application package for Board of Adjustent, Historic Preservation Board or Design Review Board Approval with the Planning Departent on or before June 8, 2016; or anyone who obtained a Building Perit Process Nuber fro the Building Departent on or before June 8, SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect on June 8, PASSED AND ADOPTED this 11 day ke of ` 2016.,. V4,- Philip L-, - ' 77 i( 7

68 ATTEST: 40, leak W% Rafa- E. ' nado C",y Cler INCORP ORATED: ' APPROVED AS TO FORM AND LANGUAGE = AND FOR EXECUT N First Reading: April 13, 2016 Second Reading: May 11, V rl 141, City Attorney ' Date Verified By: tit Thoas R. Mooney, AICP Planning Director Underline = new language l deleted language Sponsored by Coissioner Joy Malakoff] T:\AGENDA\2016\ May\Planning\ Height, Flood, Grade, and Yard Elevations Ch 114 and 142-2nd Reading ORD - ADOPTED.docx 8

69 COMPREHENSIVE PLAN PERIL OF FLOOD ORDINANCE NO AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN PURSUANT TO THE PROCEDURES IN SECTION ( 3), FLORIDA STATUTES, BY MODIFYING CHAPTER 1, FUTURE LAND USE ELEMENT, TO ENCOURAGE THE USE OF LANDSCAPING TECHNIQUES THAT ENHANCE STORMWATER MANAGEMENT AND TO MODIFY THE LEVEL OF SERVICE FOR STORM SEWER CAPACITY; CHAPTER 5, INFRASTRUCTURE ELEMENT, TO REQUIRE THAT THE LAND DEVELOPMENT REGULATIONS INCLUDE A FREEBOARD REQUIREMENT FOR NEW CONSTRUCTION, TO MODIFY THE LEVEL OF SERVICE FOR DRAINAGE FACILITIES DESIGN STORM STANDARD, AND TO INCORPORATE THE USE OF STORMWATER STORAGE AND INFILTRATION IN INFRASTRUCTURE REPLACEMENT ACTIVITIES; CHAPTER 6, CONSERVATION/ COASTAL ZONE MANAGEMENT ELEMENT TO ENCOURAGE THE USE OF HIGHLY WATER-ABSORBENT NATIVE PLANTS AND TO DESIGNATE THE CITY OF MIAMI BEACH AS AN ADAPTATION ACTION AREA ( AAA) PURSUANT TO SECTION ( 6)( g)( 10), FLORIDA STATUTES; CHAPTER 8, INTERGOVERNMENTAL COORDINATION ELEMENT, TO REQUIRE COORDINATION BETWEEN AGENCIES ADDRESSING ISSUES RELATED TO SEA LEVEL RISE AND CLIMATE CHANGE; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, In 2011, the Florida Legislature passed the Counity Planning Act, allowing local governents the option of planning for coastal hazards and the potential ipacts of sea level rise within the Coprehensive Plan through the designation of Adaptation Action Areas; and WHEREAS, On July 1, 2014, the City hired AECOM as a Flood Mitigation Consultant, to perfor an analysis of City regulations and practices that can be iproved or established in order to itigate the ipacts of anticipated sea level rise; and WHEREAS, In 2015 the Florida Legislature adopted Senate Bill 1094, " Peril of Flood," requiring the inclusion of developent and redevelopent strategies that reduce flood risks in coastal areas which results fro high- tide events, stor surge, flash floods, storwater runoff, and the related ipacts of sea level rise within Coprehensive Plan Coastal Manageent eleents; and WHEREAS, On March 15, 2016 the City of Miai Beach Mayor' s Blue Ribbon Panel on Seal Level Rise, the Panel endorsed the proposed aendents to the City's Coprehensive Plan, as recoended by AECOM; and

70 WHEREAS, The City of Miai Beach Planning Board, which serves as the local planning agency, transitted the aendents to the City Coission with a favorable recoendation; and WHEREAS, the City Coission held a duly noticed public hearing, at which tie it voted to transit the text aendents for review by state, regional and local agencies as required by law; and WHEREAS, the City Coission after careful consideration of this atter dees it advisable and in the best interest of the general welfare of the City of Miai Beach and its inhabitants to aend the 2025 Coprehensive Plan as hereinafter set forth; and WHEREAS, the aendent set forth below is necessary to accoplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The following aendent to the City' s 2025 Coprehensive Plan Future Land Use Eleent is hereby adopted: FUTURE LAND USE ELEMENT Policy 3. 6 Maxiize unpaved landscape to allow for ore storwater infiltration. Encourage planting of vegetation that is highly water absorbent, can withstand the arine environent, and the ipacts of tropical stor winds. Encourage developent easures that include innovative cliate adaption and itigation designs with creative co- benefits where possible through he Land Develo en ' e ula io aid e la io s related to the " Care and Maintenance of Trees and Plants" within the City Code of Ordinances. Policy 6. 2 Land Developent Regulations pertaining to concurrency anageent shall be aended to reflect Ch. 9J FAC , Florida Statutes and this policy. No developent perit shall be issued unless the public facilities necessitated by the project ( in order to eet level of service standards specified in the Policies of the Transportation, Recreation, Public Schools and Infrastructure Eleents, and the Water Supply Plan) will be in place concurrent with the ipacts of the developent or the perit is conditional to assure that they will be in place, but no later than the issuance of a certificate of occupancy or its functional equivalent. The requireent that no developent perit shall be issued unless public facilities necessitated by the project are in place concurrent with the ipacts of developent shall be effective iediately: 2

71 Acceptable Level of Service Standards for public facilities in the City of Miai Beach are: d. Stor Sewer Capacity One- in five ten- year stor event. SECTION 2. The following aendent to the City' s 2025 Coprehensive Plan Infrastructure Eleent is hereby adopted: INFRASTRUCTURE: SANITARY SEWER, SOLID WASTE, DRAINAGE AND POTABLE WATER Policy 2.4 Incorporate storwater storage and infiltration into all infrastructure replaceent activities. Policy 4. 1 Continue site plan review for new construction with the requireent that the iniu first floor elevation for living quarters habitable space in residential and coercial buildings be at least at the l City of Miai Beach Freeboard, as adopted in the Code of the City of Miai Beach, above the iniu FEMA requireent, to allow for axiu protection during flood conditions and fro sea level rise. Policy 5. 1 The following City-wide Level of Service Standards shall be used as the basis for deterining the availability of facility capacity for residential uses; the systes shall be able to provide/ accoodate at least the inius specified: Drainage Facilities Design Stor Standard per 25 year frequency, 24 hour duration; see Manual Stor Water Master Plan as updated fro tie to tie. 3

72 SECTION 3. The following aendent to the City' s 2025 Coprehensive Plan Conservation/ Coastal Zone Manageent Eleent is hereby adopted: CONSERVATION/ COASTAL ZONE MANAGEMENT Policy Salt tolerant landscaping and highly water-absorbent, native or Florida friendly plants shall continue to be given preference over-traditional other planting aterials in the plant aterials list used in the adinistration of the landscape section of the Land Developent Regulations and the design review process. Obiective 13: Increase the City' s resiliency to the ipacts of cliate change and rising sea levels by developing and ipleenting adaptation strategies and easures in order to protect huan life, natural systes and resources and adapt public infrastructure, services, and public and private property, Policy 13. 1: Based on evolving rising seas data and associated vulnerabilities, to allow for flexible adiustents, preserve future strategic adaptation ipleentation options to aintain axiu resiliency in response to new risks and vulnerabilities. The City will take advantage of new eerging data and technological opportunities. The City's basis for easuring sea level rise shall be as per the Southeast Florida Regional Cliate Action Plan, as ay be revised fro tie-to- tie by he Sou heast FIiris. Re Iona Cli - - Change Copact. Policy 13. 2: The City will identify public investents and infrastructure at risk to sea level rise and other cliate related ipacts. The City will assess the vulnerability to public facilities and services, including but not liited to water and wastewater facilities, storwater systes, roads, bridges, governental buildings, hospitals, transit infrastructure and other assets. Evaluation Measure: Collaborating with regional partners, City shall identify public investents, infrastructure and assets at risk fro rising sea levels by Thereafter, this assessent will be perfored every five ( 5) years. Policy 13. 3: 4

73 As per Section ( 1) and Section ( 6)( q)( 10), Florida Statutes, an Adaptation Action Area ( AAA) is an optional designation within the coastal anageent eleent of a local governent' s coprehensive plan which identifies one or ore areas that experience coastal flooding due to extree high tides and stor surge, and that are vulnerable to the related ipacts of rising sea levels for the purpose of prioritizing funding for infrastructure and adaptation planning. The entire City is hereby designated an AAA, as all areas eet considerations for AAA designation, which include the following: a. Areas which experience tidal flooding, stor surge, or both; b. Areas which have an hydrological connection to coastal waters; c. Locations which are within areas designated as evacuation zones for stor surge; and d. Other areas ipacted by storwater/flood control issues. Policy 13. 4: The City will develop and ipleent adaptation strategies for areas vulnerable to coastal flooding, tidal events, stor surge, flash floods, storwater runoff, salt water intrusion and other ipacts related to cliate change or exacerbated by sea level rise, with the intent to increase the counity' s coprehensive adaptability and resiliency capacities. The City will include areas, which experience tidal flooding. stor surge, or oth as the first priority for the developent and ipleentation of adaption strategies. Other areas will be included as the second priority for the developent and ipleentation of adaptation strategies. Policy 13. 5: Adaptation strategies ay apply to the following: a. Public infrastructure planning, siting, construction, replaceent, operation and aintenance; b. Eergency anageent; c. Storwater anageent d. Land developent regulations; e. Building codes; f. Coprehensive planning; and g, Other functions. Policy 13. 6: AAAs adaptation strategy options include: a. Protection: Strategies that involve " hard" and " soft" structurally defensive easures to itigate ipacts of rising seas in order to decrease vulnerability while allowing structures and infrastructure to reain unaltered. Two exaples are shoreline aroring and beach renourishent. Protection strategies ay be targeted for areas of a counity that are location- dependent and cannot be 5

74 significantly altered or relocated, such as areas of historical water-dependent uses. significance, or b. Accoodation: Strategies that do not act as a barrier, but rather alter the design through easures such as elevation or storwater iproveents, to allow the structure of infrastructure syste to stay intact. Rather than preventing flooding or inundation, these strategies ai to reduce potential risks. c. Manageent Strategies: Strategies that involve the actual reoval of existing developent, their possible relocation to other areas, and/ or prevention of further developent in high- risk areas. d. Avoidance: Strategies that involve ensuring developent does not take place in areas subject to coastal hazards associated with sea level rise or where the risk is low at present but will increase over tie. e. Other options. Policy 13. 7: The City shall pursue funding sources for the ipleentation of AAA associated adaptation strategies including the following: a. Federal and State grants and technical expertise assistance ( in- kind) b. Local Storwater Utility Fees and CIP ( Capital Iproveent Plan) prioritization c. Public/ Private Partnerships d. Other sources Policy 13. 8: The City shall integrate AAAs into existing and future City processes and city-wide plans and docuents which ay include: a. Strategic Plan; b. Sustainability Plan; c. Resiliency Plan; d. Storwater Master Plan; e. Eergency Manageent Plan; f. Land Developent Regulations; g_ Capital Iproveent Plan; h. Local Mitigation Strategy; and i_ Agreeents with Public or Private Utility and Infrastructure Providers; Agreeents with Public Health Providers; L k. Interlocal Agreeents with Other Governent Agencies; and I. Other processes, plans and docuents. Policy 13. 9: The City shall align and be consistent with, to the extent possible, relevant and current national, state, and regional adaptation strategy docuents such as the Miai- Dade 6

75 County GreenPrint, Southeast Florida Regional Cliate Action Plan, and The President' s Cliate Action Plan as well as other regional strategic plans, disaster itigation plans, water anageent plans, transportation/ transit plans, and cliate change plans. Policy : The City shall participate in, when appropriate, coordinated governental, nongovernental and other appropriate agencies' proposed application requests for funding adaptation ipleentation proiects. Policy : The City shall collaborate and coordinate with appropriate local, regional, state, and national governental agencies, to the extent possible, toward the ipleentation of AAA adaptation strategies and to identify risks, vulnerabilities and opportunities associated with coastal hazards and the ipacts fro sea level rise. SECTION 4. The following aendent to the City' s 2025 Coprehensive Plan Intergovernental Coordination Eleent is hereby adopted: INTERGOVERNMENTAL COORDINATION ELEMENT Policy The City will collaborate and coordinate with appropriate local, regional, state, and national governental agencies, to the extent possible, toward the ipleentation of Adaptation Action Areas adaptation strategies and to identify risks, vulnerabilities and opportunities associated with coastal hazards and the ipacts fro sea level rise and participate in, when appropriate, coordinated governental, non- governental and other appropriate agencies' proposed application requests for funding adaptation ipleentation projects. SECTION 5. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the sae are hereby repealed. SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the reainder shall not be affected by such invalidity. SECTION 7. CODIFICATION. 7

76 It is the intention of the City Coission that this Ordinance be entered into the Coprehensive Plan, and it is hereby ordained that the sections of this Ordinance ay be renubered or relettered to accoplish such intention; and that the word " ordinance" ay be changed to " section" or other appropriate word. The Exhibits to this Ordinance shall not be codified, but shall be kept on file with this Ordinance in the City Clerk' s Office. SECTION 8. TRANSMITTAL. The Planning Director is hereby directed to transit this ordinance to the appropriate state, regional and county agencies as required by applicable law. SECTION 9. EFFECTIVE DATE. This ordinance shall take effect 31 days after the state land planning agency notifies the City that the plan aendent package is coplete pursuant to Section ( 3), Florida Statutes. PASSED and ADOPTED this IV day of Eepfrk MAYOR ATTES QA% CITY C RK T APPROVED AS TO FORM AND LA GUAGE Ir. FOR EX' ' TION il 9 f 1Att ney Date First Reading/ Transittal: July 13,' 20y16''_'? Second Reading/ Adoption: epte ber 14;' Verified By: Thoas R. Mooney, AI i P Planning Director Underline = new language Str-ikethreuffh = deleted language T:\AGENDA\ 2016\ Septeber\Planning\ Peril of Flood Coprhensive Plan Aendent- 2nd Read ORD.docx 8

77 Ordinances - R5 F MIAMI BEACH COMMISSION MEMORANDUM TO: FROM: Honorable Mayor and Mebers of the City Coission Jiy L. Morales, City Manager DATE: Septeber 14, : 25 a.. Second Reading Public Hearing SUBJECT: COMPREHENSIVE PLAN PERIL OF FLOOD: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN PURSUANT TO THE PROCEDURES IN SECTION ( 3), FLORIDA STATUTES, BY MODIFYING CHAPTER 1, FUTURE LAND USE ELEMENT, TO ENCOURAGE THE USE OF LANDSCAPING TECHNIQUES THAT ENHANCE STORMWATER MANAGEMENT AND TO MODIFY THE LEVEL OF SERVICE FOR STORM SEWER CAPACITY; CHAPTER 5, INFRASTRUCTURE ELEMENT, TO REQUIRE THAT THE LAND DEVELOPMENT REGULATIONS INCLUDE A FREEBOARD REQUIREMENT FOR NEW CONSTRUCTION, TO MODIFY THE LEVEL OF SERVICE FOR DRAINAGE FACILITIES DESIGN STORM STANDARD, AND TO INCORPORATE THE USE OF STORMWATER STORAGE AND INFILTRATION IN INFRASTRUCTURE REPLACEMENT ACTIVITIES; CHAPTER 6, CONSERVATION/ COASTAL ZONE MANAGEMENT ELEMENT TO ENCOURAGE THE USE OF HIGHLY WATER- ABSORBENT NATIVE PLANTS AND TO DESIGNATE THE CITY OF MIAMI BEACH AS AN ADAPTATION ACTION AREA ( AAA) PURSUANT TO SECTION ( 6)( G)( 10), FLORIDA STATUTES; CHAPTER 8, INTERGOVERNMENTAL COORDINATION ELEMENT, TO REQUIRE COORDINATION BETWEEN AGENCIES ADDRESSING ISSUES RELATED TO SEA LEVEL RISE AND CLIMATE CHANGE; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. RECOMMENDATION The Adinistration recoends that the City Coission adopt the Ordinance. ANALYSIS On July 1, 2014, the City hired AECOM as a Flood Mitigation Consultant, to perfor an analysis of City regulations and practices that can be iproved or established in order to itigate the ipacts of anticipated sea level rise. On April 24, 2015, the Florida Legislature approved Senate Bill 1094, entitled " Peril of Flood," requiring the inclusion of developent and redevelopent strategies that reduce flood risks in coastal areas which result fro high-tide events, stor surge, flash floods, storwater runoff, Page 815 of 2277

78 and the related ipacts of sea level rise within Coprehensive Plan Coastal Manageent eleents. At the March 15, 2016 eeting of the Mayors Blue Ribbon Panel on Seal Level Rise, the Panel endorsed the proposed aendents to the City's Coprehensive Plan, as recoended by AECOM. On April 13, 2016, the City Coission referred to the proposed Coprehensive Plan aendent to the Land Use and Developent Coittee ( Ite C4L). The ite was siultaneously referred to the Planning Board. Coissioner Malakoff is sponsoring the proposed aendent. On April 20, 2016, the Land Use and Developent Coittee discussed the ite and continued it to May 18, On May 18, 2016, the Land Use and Developent Coittee recoended that the Planning Board transit the proposed aendent to the City Coission with a favorable recoendation. Since id- 2014, the adinistration has been working with AECOM to prepare cliate adaptation plans and strategies as a result of sea level rise. A ajor coponent of this analysis has been to review the City's 2025 Coprehensive Plan and to propose aendents that will reduce the City's risks related to sea level rise. AECOM is recoending several aendents to iprove stor sewer and drainage levels of service, including the use of landscaping techniques to enhance stor water anageent and incorporating iniu freeboard requireents into the Land Developent Regulations. In 2015, the Florida Legislature adopted Senate Bill 1094, entitled " Peril of Flood", which requires the Coastal Manageent eleents of local governent Coprehensive Plans to include regulations related to the itigation and reduction of flood risks in coastal areas. The requireents of the Bill include the following: 1. Include developent and redevelopent principles, strategies, and engineering solutions that reduce the flood risk in coastal areas which results fro high-tide events, stor surge, flash floods, storwater runoff, and the related ipacts of sealevel rise. 2. Encourage the use of best practices developent and redevelopent principles, strategies, and engineering solutions that will result in the reoval of coastal real property fro flood zone designations established by the Federal Eergency Manageent Agency. 3. Identify site developent techniques and best practices that ay reduce losses due to flooding and clais ade under flood insurance policies issued in this state. Additionally, in 2011 the Florida Legislature passed the Counity Planning Act (CPA), which aended Section , Florida Statutes, which allows local governents the option of planning for coastal hazards and the potential ipacts of sea level rise within the Coprehensive Plan. This provided local governents with the option of designating Adaptation Action Areas ( AAA). The designation is for areas that experience coastal flooding and that are vulnerable to the related ipacts of rising sea levels, with the purpose of prioritizing funding for infrastructure and adaptation planning. Page 816 of 2277