Ord No 11-21-2401a
Ordinance No. 11-21-2401
An Ordinance amending Land Development Code Section 20-3.6(W)
concerning Solar Requirements
WHEREAS, City of South Miami has established goals related to the elimination of
carbon dioxide and other greenhouse gases; and
WHEREAS, the South Miami Land Development Code was amended in 2017 to require
the installation of solar photovoltaic systems on certain residential construction projects to help
achieve that goal; and
WHEREAS, the City Commission recognizes that there are other means of achieving a
reduction in the emission of carbon dioxide and other greenhouse gases; and
WHEREAS, on April 13, 2021, the Planning Board held a public hearing on the proposed
amendment and deferred voting on the item to allow revisions based on the public comments; and
WHEREAS, on May 11, 2021, after a public hearing, the Planning Board considered the
amendments and voted five (5) to one (1) to recommend denial of the proposed text changes; and
WHEREAS, the City Commission wishes to amend Section 20-3.6(W) of the Land
Development Code to offer, as an alternative to the installation of solar photovoltaic systems, a
payment into a trust fund dedicated to the installation of solar photovoltaic systems on city -owned
property.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if
fully set forth herein and as the legislative intent of this Ordinance.
Section 2. The City's Land Development Code Section 20-3.6(W) is hereby amended to
read as follows:
ARTICLE III. — Zoning Regulations
20-3.6 — Supplemental Regulations.
(W) Solar Requirements
Page 1
Ord. No. 11-21-2401
. Applicability. All new construction of single-family residences with living area greater than one
thousand one hundred (1,100) square feet, townhouses, and any multi -story residential building where
a section of roof can be reasonably allocated, as determined by the Director of the Building Department
or the Planning and Zoning Department, to a separately metered dwelling unit (hereinafter referred to
as "qualifying multi -story residential building"),
shall alse apply to existing Fesidential buildiRgS as deGGFibed above, Of an alteFation OF additi_q� is rn-male
and all alterations or additions made to existing residential
structures that either increases by seventy-five percent or more the air-conditioned square footage of
the structure, or that replaces seventy-five (75) percent or more of the existing sub -roof (any portion
of the sub -roof that is necessarily replaced due to damage from a natural disaster shall not be included
in the calculation of this percentage) must either
(a) install solar collectors in the amount set forth in Subsection (W)(2) below, or:
(b) pay a fee as set forth in Subsection (W)(3), to the City of South Miami Solar Trust Fund.
(1) Solar Collectors.
(a) Design and construct the roof so as to withstand the combined weight of all product approved
roofing material and the weight of solar collectors and install at least the minimum number of solar
collectors required in Subsection (W)(2)(b).
(b)(4 Minimum Required Installation. Solar rnl1eGt9FG Shall -him in-st.'alled in at least the f,911
in squaFe Either install
A minimum of one solar panel with a rating oftwo and thFee quaFt 2.75 kW nameplate
photovoltaic capacity per one thousand (1,000) square feet of roof area or the maximum
number for which presided there is sufficient space within the available roof top solar
zone, whichever is less; or
ii. One hundred seventy-five (175) square feet of a solar sellestefs thermal system per one
thousand (1,000) square feet of roof area, or the maximum number for which there is
sufficient space within the available roof top solar zone, whichever is less.
GGA6tFWGt8GA is all9wed by the Fln-Fid Code.
(3c) Avoiding the Creation of Shade. Structures shall must be designed in such a way so as to
maximize the available solar zone and
arnhiton+ nr cnninnorthe plans submitted shall must include a certificate from the architect
certifying that the design of the structure has maximized the available
solar zone. The available solar zone does not include areas that are obstructed by objects
that WhiGh are not located on the roof or another part of the same building, such
as landscaping or a neighboring building
(4d) Minimum Specifications for Solar Collectors.
Solar photovoltaic systems: Photovoltaic collectors satisfying the requirements of this
section shall be at rated at no less than ten (10) watts DC faceplate capacity per square
foot.
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Ord. No. 11-21-2401
ii. Solar thermal systems: Single-family residential solar domestic water heating systems
shall be OG-300 System Certified by either the Solar Rating and Certification Corporation
(SRCC) or the International Association of Plumbing and Mechanical Officials (IAPMO).
iii. Solar photovoltaic systems and solar thermal systems shall must be installed in accord
with all applicable state code requirements, including access, pathway, smoke
ventilation, and spacing requirements, all applicable local code requirements, and
manufacturer's specifications.
(5e) Approval and Compliance. The issuance of a City building permit for the installation of a
solar collector must be obtained before the installation of a solar collector. All Bela
ins-t-all-atiens shall be permitted through the Gity. The plans shall must demonstrate that the
requirements of the City code and the Florida Building Code are satisfied and the
er architect of record shall must sign and seal the plans indicating compliance. Subsequent
review approval shall must be carried out through the standard review processes for
residential construction. Inspection shall must be performed by the Building Department as
per the City's permit requirements for solar power or water heating installations. Enforcement
of this subsection shall -will be carried out by the City including the Code Enforcement
Division.
(2) Payment -in -lieu. If solar panels are not installed as described above then the Propeqy
owner/applicant must pay a "Solar Collector Fee", in the amount set forth in the City's current
Schedule of Fees and Fines. Said fee must be set at fifty (50%) percent of the cost, at market
rate, to obtain the minimum amount of solar collectors that would otherwise be required.
(3) Solar Collector Trust Fund.
(a)Definitions. As used in this section, the following words shall have the following meanings.
Fund means the Solar Collector acquisition and development fund.
(b) Purpose. The fund is hereby created for the purposes of acquiring and developing Solar
Collector Systems.
(c) Funding sources. City budgeted funds as well as federal, state, county and private
funding, including the Solar Collector Fees charged in lieu of the installation of Solar
Collectors on property to be developed and other similar sources.
(d) Use of funds. Any monies deposited into the Fund and their interest or investment
earnings must be applied toward the acquiring and developing of Solar Collectors on City
ro e
(e) Each year as part of the city's annual budget process, the City Manager must submit a
proposed spending plan for the Fund.
Section 3. Codification. The provisions of this ordinance shall become and be made part
of the Code of Ordinances of the City of South Miami as amended.
Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall
not affect the validity of the remaining portions of this ordinance.
Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all sections
and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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Ord. No. 11-21-2401
Section 6. Effective Date. The amendments shall become effective immediately upon
enactment.
PASSED AND ENACTED this 6`h day of July, 2021.
ATTEST: APPROVED:
- ��� �
CITY ERK AYOR
1 s` Reading - 6/15/21
2"d Reading - 7/6/21
READ AND APPROVED AS TO FORM:
COMMISSION VOTE: 5-0
Mayor Philips:
Yea
Commissioner Corey:
Yea
Commissioner Gil:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
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Agenda Item Nol1.
City Commission Agenda Item Report
Meeting Date: July 6, 2021
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Rem Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending Land Development Code Section 20-3.6(W) concerning Solar Requirements. 5/5
(Mayor Philips)
Suggested Action:
Approval
Attachments:
Cover memo amendment re solar requirement.docx
Ord_Solar_Requirement_Amendment_PB_05112021CArevRepayment_2_latest (1).docx
PB-21-006 - Final PB Regular Meeting Minutes Excerpt - 04-13-2021.pdf
Draft PB Regular Meeting Minutes - 05-11-2021.pdf
MDBR Ad.pdf
Miami Herald Ad.pdf
CITY OF SOUTH MIAMI
South Miami OFFICE OF THE CITY MANAGER
THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members of the City Commission
VIA: Shari Karnali, City Manager
FROM: Jane K. Tompkins, AICP, Planning Director
DATE: June 1, 2021
SUBJECT:
An Ordinance amending Land Development Code Section 20-3.6(W) concerning Solar
Requirements
BACKGROUND:
The Land Development Code requires the installation of solar collectors on new single-family
homes of 1,100 square feet or more, townhouses, and certain multi -family buildings. Certain
alterations and additions to such buildings are also required to include these systems. Recently,
several property owners have objected to the requirement due to their cost and staff was
asked to draft an option allowing property owners to pay into a trust fund instead.
REQUEST:
To amend Section 20-3.6(W) Solar Requirements to create a payment -in -lieu alternative to the
installation of solar collectors.
ANALYSIS:
The revised ordinance amends Section 20-3.6(W) to establish a payment -in -lieu option to the
requirement that solar collectors be installed. The payments would be deposited into a newly
created trust fund designated for the acquisition and development of solar collectors on city -
owned property. A third option, installing a cool roof, was included in the draft that was initially
presented to the Planning Board but removed, along with an exemption for historic properties,
at the suggestion of Dr. Philip Stoddard during the public hearing. References to engineers are
also deleted as they conflicted with other sections of the code which require architectural plans
be signed and sealed by Florida licensed architects.
PLANNING BOARD RECOMMENDATION:
The ordinance was initially discussed by the Planning Board on April 13, 2021 and was deferred
to allow staff time to incorporate comments from Dr. Stoddard. On May 11, 2021, the Board
expressed several concerns with the requirement for solar panels in general, and the proposed
trust fund. Concerns with the requirement for panels include the upfront cost, difficulty finding
qualified contractors to install them, the possibility that installing panels would void the roof
warranty, and the possible loss of tree canopy required to make the panels effective. Payment
into a trust fund was not seen as an acceptable solution as trust funds often lack sufficient
funds to accomplish their intended goal, and the property owner would not realize any benefit
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Amendment re solar requirements
June 1, 2021
Page 2 of 2
from the payment. Ultimately, a motion was made to recommend denial of the proposed
ordinance. The motion passed by a vote of five (5) to one (1).
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
Attachments:
• Draft Ordinance
• Excerpt of Planning Board meeting minutes April 13, 2021
• Excerpt of Planning Board meeting minutes May 11, 2021
• City Notice of Public Hearing
• Legal Ad
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Tuesday, April 13, 2021
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section 8A-5, requires that all lobbyists, as defined in that section,
must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of
$500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or
without compensation to influence any action, decision, recommendation of someone with the city, including the
city manager, city attorney, department heads, city personnel, or members of the city commission or members of
any city board, concerning a matter that could foreseeably be address by the city commission or a city
board. There are some exceptions and exemptions. The following ore not considered to be lobbyist: a
representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at
public meetings, representatives of a neighborhood association without compensation and representatives of a
not -for -profit community based organization for the purpose of requesting a grant who seek to influence without
special compensation.
Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the
meeting can be found on the city's website (www.southmiamifl.gov).
I. Call to Order
Action: Ms. Ruiz called the meeting to order at 7:00 P.M.
Mr. Pepe provided the Board and public with the rules for the meeting.
II. Roll Call
Board Members Present Constituting a Quorum: Ms. Mary Ann Ruiz (Chairperson), Mr. Orlando
Borges, Mr. Lee Jacobs, Mr. Brian Corey, Mr. Bruce Baldwin, Ms. Lisa Bonich, Mr. Basu.
Board Members Absent: None
City Staff Present: Ms. Jane Tompkins (Planning Director), and Mr. Marcus Lightfoot (Senior
Planner/Zoning Administrator).
City Staff Absent: None.
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
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1. Introduction of New Planning Board Member
Ms. Ruiz introduced the Board to Mr. Subrata Basu, the new Planning Board member.
2. Election of Chairman and Vice -Chairman
The Board held a discussion on the election of Chair and Vice -Chair. Mr. Borges nominated Mr.
Brian Corey for Chair and Ms. Lisa Bonich for Vice Chair. Mr. Jacobs attempted to nominate Ms.
Ruiz as Chair, but Mr. Pepe informed him that per the Land Development Code (LDC) regulations,
she couldn't serve as Chair again. Pursuant to Section 20-6.1(13)(2)(b) of the LDC, the Board shall
elect from its membership a Chairman and Vice -Chairman for one (1) year non -successive terms.
Mr. Pepe informed the Board that he was advised that the election should be postponed until
after the City Commission election since two (2) of the current members are running. Ms. Ruiz
stated that she would make the motion to defer the item until after the election is held.
Motion: Ms. Ruiz moved to defer the Chair and Vice -Chair elections to the next Planning Board
meeting. Mr. Corey seconded the motion.
Mr. Borges informed the Board that the elections should have occurred two (2) months ago and
it should not be postponed any further.
Vote: Yes 4, No 3 (Borges, Corey, Bonich)
Mr. Borges: No
Mr. Corey: No
Ms. Bonich: No
Mr. Baldwin: Yes
Mr. Jacobs: Yes
Ms. Ruiz: Yes
Mr. Basu: Yes
The motion to defer the Chair and Vice -Chair elections was approved by the Board.
IV. Public Hearings:
1. PB-21-006
Applicant: The City of South Miami
An Ordinance amending Land Development Code Sections 20-2.3 Definitions and 20-3.6(W)
concerning Solar Requirements
Applicant: The City of South Miami, represented by Ms. Jane Tompkins, AICP (Planning Director)
Ms. Ruiz read PB-21-006 into the record.
Ms. Tompkins presented the staff report to the Board.
The Chairperson opened the floor to public comments on P13-21-006.
• Dr. Philip Stoddard: Dr. Stoddard informed the Board that he opposed the ordinance. He
then provided the Board with his comments on the proposed changes.
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The Chairperson closed the floor to public comments on PB-21-006.
Mr. Corey responded that he was disappointed in the request because he was proud that the City
pioneered legislation that would help the City meet its carbon initiatives. He then stated that he
understood reasons why someone wouldn't want solar but couldn't understand reasons why
someone wouldn't want to contribute to the City's goal to reduce carbon emissions. He then
stated that he would like to remove the legislation pertaining to the cool roof option. That way
the City can stay on track to meet its goals for carbon emissions.
Mr. Borges asked Dr. Stoddard for his recommendation on the how draft ordinance should be
done. Dr. Stoddard responded that he would create the Solar Fund and would allow people to
contribute to it, but not as a way to save money. He wouldn't exempt historic districts and would
require that if a historic building is expanded by more than 70%, then they could contribute to the
Solar Fund as well.
Mr. Borges then asked Dr. Stoddard that if he suggested a motion to table the item, would he be
able to work with the City on revising the draft ordinance. Dr. Stoddard stated that because he
was the named by the City Commission as the special envoy for climate and sustainability, he
would be able to assist in revising the draft ordinance.
Mr. Jacobs asked why there was no consideration for solar water heaters. Dr. Stoddard responded
that solar water heaters aren't as efficient as other products that are currently on the market. Mr.
Pepe stated that the original draft of the ordinance included solar water heaters and includes a
requirement for a minimum amount of solar thermal system.
Ms. Bonich stated that not every homeowner in the City feels the same about solar panels or
carbon footprint. While the City wants to push the initiative to have solar panels on every house,
this item came about because there have been enough complaints from residents stating that
there needs to be an alternative. The City needs to listen to their residents.
Mr. Basu asked what the extent of the problem was regarding solar panels. He then stated that
in most circumstances, it is the developers that are complaining about the solar panel regulations
because they don't want to spend the money required to install the equipment. Last, Mr. Basu
asked what the delta of the cost for putting a solar system in a $300,000 - $400,000 home.
Without that information, it is very difficult to decide on the item. Mr. Corey added that it is good
to provide options for the residents, but more information is needed to ensure that the options
are practical. Mr. Basu then explained what the proposed options were and closed by saying that
a Fund can be misused because the municipality doesn't know how to properly use the money.
Ms. Bonich then asked if there were any way to find out how many other cities require solar
panels as part of their building process. Ms. Tompkins responded that she could not provide an
exact number on the amount of complains that were received. She then stated that while Mayor
Philips and the City Manager's office have both received complaints about the requirement,
Planning and Zoning hasn't received any. She stated that she did not know who the main party of
complainers were. Last, Ms. Tompkins stated that she is still researching the installation cost, but
it appears to be approximately $15,000-$20,000. She then stated that when this item appears
before the City Commission, there will be a companion ordinance that will set the Solar Fund fee
in the City's Fee Schedule. At that time, they will determine what the exact rate of contribution
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will be. Ms. Tompkins stated that in 2017, the City was the first in the state to have the
requirement. She then stated that while there are a number of Cities in California that require
solar panels now but couldn't state how many in the country were requiring them.
Ms. Bonich asked if there was a way to trade off solar panels for something else. Ms. Tompkins
stated that the Florida Building Code already includes an energy conservation requirement built
into development and because South Florida has one of the most restrictive building codes in the
Country. Because of that, she stated that she would be wary of writing in adding additional
requirements without a lot of structural engineering expertise.
Mr. Borges stated that Mr. Basu made some very good points about developers. He then stated
that the City needs both. They beautify the City and keep the carbon footprint down.
With no further discussion, the Board made a motion on the item.
Motion: Mr. Borges moved to table PB-21-006 so that Dr. Stoddard could work with Staff that
would benefit the City in his opinion. Mr. Corey seconded the motion.
Vote: Yes 7. No 0 (None)
Mr. Basu: Yes
Mr. Borges: Yes
Ms. Bonich: Yes
Mr. Jacobs: Yes
Mr. Corey: Yes
Mr. Baldwin: Yes
Ms. Ruiz: Yes
The motion to table PB-21-006 was approved unanimously.
V. Public Comments/New Business
The Chairperson opened the floor for public comments and any new business.
Public Comments Section
There were no Public Comments.
New Business Section
Ms. Tompkins spoke to the Board about their feelings on returning to in person meetings. After
discussing the request, the Board as a whole stated that they were fine to meet in person.
Mr. Basu asked if the Board was off during the summer months to which Ms. Tompkins stated no.
Ms. Bonich asked if Board members could call in if they were unable to attend the meeting, to which
Mr. Pepe stated yes.
Mr. Corey asked if the Board will still use a form of video streaming service to conduct their meetings
once they go back to meeting in person. Ms. Tompkins responded that she wasn't sure but would
discuss the question with the City Manager.
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The Board held a discussion on in person quorum requirements with the City Attorney.
The Chairperson opened the floor for public comments and any new business.
VI. Approval of the Minutes
1. Planning Board Regular Meeting Minutes of February 9, 2021:
Ms. Ruiz moved to approve the meeting minutes as presented. The motion was seconded by Ms.
Bonich.
Vote: Yes S. No 0 (None)
Ms. Bonich: Yes
Mr. Basu: Abstained
Mr. Jacobs: Yes
Mr. Corey: Yes
Mr. Borges: Yes
Mr. Baldwin: Abstained
Ms. Ruiz: Yes
The motion to approve the meeting minutes was unanimously approved by the Board.
VII. Future Meeting Date: May 11, 2021
Vill. Adjournment
The meeting was adjourned at 8:20 P.M.
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