Ordinance No. 2016-05 Clarifying Code Section 14-115 for Green Building Program - April 5, 2016 ORDINANCE NO. 2016-05
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 14, "BUILDINGS AND BUILDING REGULATIONS",
ARTICLE VI., "GREEN BUILDING PROGRAM" TO ADD
CLARIFICATION TO SECTION 14-115, INCENTIVES AND BONUSES;
AGREEMENT AND BOND REQUIREMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS Ordinance No. 2009-18, adopted on October 6, 2009, enacted an
amendment to Chapter 14 of the City Code to establish a green building program for
the City of Aventura; and
WHEREAS green building construction results in benefits to the environment,
economy and health of the community; and
WHEREAS the City Commission determined that due to these benefits, it is in
the best interest of the public health, safety and welfare of the citizens, residents and
workers in the City of Aventura to provide an incentive program for private new
construction and substantial renovations to LEED® standards; and
WHEREAS the City Commission has determined that a clarification to Chapter
14, Article VI. "Green Building Program", Section 14-115, Incentives and Bonuses;
Agreement and Bond Requirements of the City Code is in the best interest of the public
health, safety and welfare; and
WHEREAS following proper notice, the City Commission has held a public
hearing as provided by law;
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, AS FOLLOWS:
Section 1. Findings. That the foregoing "Whereas" clauses are hereby
ratified and incorporated as the legislative intent of this Ordinance.
City of Aventura Ordinance No. 2016-05
Section 2. That the following text is hereby added to Chapter 14 "Buildings
and Building Regulations", Article VI. "Green Building Program", Section 14-115, of the
City Code':
Section 14-115. Incentives and Bonuses; Agreement and Bond Requirements.
The Program shall consist of incentives/bonuses (collectively referred to as "incentives"
when the context requires) designed to encourage the use of the Program and listed in
this section. Incentives and bonuses shall be administered by the City Manager or
designee on an incremental basis based on level of certification to be attained and
subject to full documentary evidence being provided to the satisfaction of the City
Manager or designee and in accordance with the criteria established by this article and
the pertinent provisions of the Land Development Code.
I. For those buildings that attain LEED® Certification or LEED® Silver Certification
(i) Expedited site plan review, that is, site plan applications for green buildings
shall be given priority review by the City;
(ii) Expedited building permit review, that is, building permit applications for
green buildings shall be given priority review by the City;
(iii) Marketing incentives including Program participation announcement on the
site construction sign; a plaque not to exceed two square feet to be
attached to the Building designating the project under the Program, subject
to the review and approval of the City Manager or designee; such plaque
shall be treated as a governmental information sign exempt from permitting
but subject to other regulations as provided in the City Code; the inclusion
of Program Participants and their Building information on the City's "Go
Green" webpage; press releases; and eligibility for Green Building award in
the City's annual "Go Green" awards program.
(iv) Administrative variances to allow orientation of the Building to take full
advantage of available natural resources, such as yard setbacks, landscape
buffers, driveways and/or architectural design standards needed to support
the proposed design in the opinion of the City Manager or his designee.
II. For those Buildings that attain LEED® Gold Certification or Platinum Certification
(i) All of the incentives in I. above; and
(ii) Floor Area Ratio (FAR) bonus not to exceed an FAR of 2.0 for properties
with a Business & Office Future Land Use Designation, using the
conditional use approval standards in Section 31-73 of the City Code
1 Underlined text indicates proposed additions to the City Code, stricken through text indicates proposed
deletions from existing City Code text.
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City of Aventura Ordinance No. 2016-05
rather than the variance approval standards in Section 31-76 of the City
Code; and
(iii) Lot coverage bonus provided that a green roof and/or green rooftop
amenities are provided and maintained for the common benefit of building
occupants; and; that increased Florida-Friendly tree canopy and Florida-
Friendly plantings designed to calm the heat island effect are located on
site, all in an amount equal to the requested increased lot coverage, using
the conditional use approval standards in Section 31-73 of the City Code
rather than the variance approval standards in Section 31-76 of the City
Code.
(iv) For projects located on the same site as an existing office building or
buildings, which office building or buildings was/were constructed before
October 6, 2009 as evidenced by a temporary certificate of occupancy or
certificate of occupancy and does/do not meet LEED® Gold or Platinum
certification, the bonuses in (ii) and (iii) above shall be calculated based
on the applicant's total site area, provided that the new construction that
attains LEED® Gold or Platinum certification is the same size or larger
than the total square footage of the existing office building or buildings.
Prior to filing an application for award of incentives and/or bonuses, the Program
Participant shall register their intent with the USGBC for LEED® certification and obtain
in writing a proposed checklist of certification points that may be attainable for the
project. The Program Participant shall then be required to attend a pre-application
meeting with the City Manager or designee for the purpose of a review of the proposed
certification checklist and detail of proposed credits for certification. The checklist and
certification details shall be confirmed through a written agreement between the
property owner and the City, in the form prescribed by the City, and through a covenant
recorded in the public records in form approved by the City Attorney, that the proposed
manner of compliance with LEED® certification as provided by the Program guidelines,
policies and procedures will be incorporated into the development and maintained in
perpetuity. All checklist items will be shown and/or noted on the plans submitted for
building permit approval, as a condition of permit issuance.
Prior to filing an application for award of incentives and/or bonuses for LEED® Gold
and Platinum buildings described in Paragraph numbered II. of this section, in addition
to the requirements of the preceding paragraph, the Program Participant shall provide a
performance bond or other security in form approved by the City Manager and City
Attorney as follows:
(i) the bond or security shall be in an amount ranging from one (1%) percent to
five (5%) percent of the value of proposed costs of construction as approved
by the City's Building Official, or such greater amount as determined by the
City Manager;
(ii) the bond or security shall be submitted at the time of filing of any application
for award of incentives and/or bonus;
(iii) the bond or security shall be subject to call by the City 180 days from the
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City of Aventura Ordinance No. 2016-05
issuance of the certificate of occupancy or certificate of completion,
whichever first occurs, if LEED® certification has not been achieved by that
time. Reasonable extensions of time, up to a maximum of one (1) year from
the issuance of the certificate of occupancy or certificate of completion
whichever first occurs, may be granted by the City Manager or his designee
for good cause.
If the Program Participant is awarded an incentive and/or bonus provided herein and
fails to complete LEED® certification as committed within one (1) year from the
issuance of the certificate of occupancy or certificate of completion, whichever first
occurs, then the City Manager or designee shall deem such bond or security forfeited to
the City for any lawful governmental purpose identified by the City Commission; and
If the project receives LEED® certification at the level described in the agreement and
covenant prior to the expiration of the 180 day period provided for above, or extensions
of time granted by the City Manager or designee, and the bond has not been forfeited
as provided above, then the bond or security may be released following submittal to the
City of written proof of level of LEED® certification by the USGBC.
Section 3. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That it is the intention of the City
Commission and it is hereby ordained that the provisions of this Ordinance shall
become and made a part of the City Code of the City of Aventura.
Section 5. Effective Date. That this Ordinance shall be effective upon
passage by the City Commission on second reading.
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City of Aventura Ordinance No. 2016-05
The foregoing Ordinance was offered by Vice Mayor Shelley, who moved its
adoption on first reading. This motion was seconded by Commissioner Narotsky and
upon being put to a vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Howard Weinberg Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner Narotsky, who moved its
adoption on second reading. This motion was seconded by Commissioner Landman
and upon being put to a vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Howard Weinberg Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
PASSED on first reading this 1st day of March, 2016.
PASSED AND ADOPTED on second reading this 5th day of April, 2016.
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City of Aventura Ordinance No. 2016-05
XENIDWEISMAN, MAYOR
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ATTEST:
I II
ELLISA L. HORVAT6, C, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this 5day of April, 2016.
City Clerk
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