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HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: George K. Wysong III, City Attorney Qe°rg41x. Wy3°""Irr DATE: June 24, 2026 RE: Substitution of Item FR.1 on the June 25, 2026, City Commission Meeting — Amend Code - Chapter 62 - Independent Traffic and Environmental Impact Studies File No.: 19424 Item FR.1 on the June 25, 2026, City Commission Meeting Agenda proposes to amend Chapter 62 to conform the traffic statements and impact studies to the minimum requirements necessary by Miami -Dade County in an effort to avoid the necessity of multiple traffic statements and impact studies. It also eliminates the requirement that an independent traffic engineer review the traffic statement and impact study. The proposed legislation inadvertently removed in its entirety environmental impact studies. The proposed Substituted Legislation re -incorporates environmental impacts studies in its own subsection. cc. James Reyes, City Manager Marie Gouin, Director, Office of Management & Budget Miriam Santana, Agenda Coordinator cs . 7.4 r'r'! zz :Pi Wd PIz tinr 9l01 1614a4I sub,s4:1 NA,14040n G.]-1 -70-cvna-j AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE I/SECTION 62-2.1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/IN GENERAL/INDEPENDENT TRAFFIC AND ENVIRONMENTAL IMPACT STUDIES," BY UPDATING TRAFFIC STATEMENT AND TRAFFIC IMPACT STUDY REQUIREMENTS AND REMOVING ENVIRONMENTAL IMPACT STUDIES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 62-2.1 of the Code of the City of Miami, Florida, as amended ("City Code"), establishes requirements for traffic statements and traffic impact studies associated with development and redevelopment projects; and WHEREAS, the City of Miami ("City") reviews development and redevelopment projects to ensure that transportation infrastructure can safely and efficiently accommodate anticipated traffic demands; and WHEREAS, the proposed amendments establish clear thresholds for when traffic statements and traffic impact studies are required, identify minimum analysis and methodology requirements, and clarify the review responsibilities of the Department of Resilience and Public Works; and WHEREAS, the proposed amendment allows for environmental impact studies to be considered separately and independently from any required traffic statement or impact study; WHEREAS, the proposed amendments establish validity, expiration, and extension provisions for traffic statements and traffic impact studies to ensure that transportation analyses remain current and accurately reflect project and roadway conditions; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") at its meeting on , following an advertised hearing, adopted Resolution No. by a vote of , recommending of this item to the City Commission; and -,� N WHEREAS, the City Commission, after careful consideration of this matter, deOhs i advisable and in the best interest of the general welfare of the City and its citizens to:amenche it7 City Code as hereinafter set forth; ' N NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CI,rOF MIAMI, FLORIDA:` .c- i Section 1. The recitals and findings contained in the Preamble to this Ordinance arK adopted by reference and incorporated as if fully set forth in this Section. iv Section 2. Chapter 62, Article I of the City Code is hereby amended in the following particulars:1 "CHAPTER 62 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. PLANNING AND ZONING ARTICLE I. IN GENERAL * * * Sec. 62-2.1. Traffic statement requirement and traffic impact studies when required. The city requires signed and sealed independent traffic statements; and/or traffic impact studiesdenvirpnnaental-impadt-studies-peFfe7nned produced by below- a registered Florida Professional Engineer who is also a Professional Traffic Operations Engineer. a. Traffic Statement — 20 peak hour trips to 99 peak hour trips A traffic statement is required for development(s) or redevelopment(s) that generate between twenty (20) to ninety-nine (99) peak hour trips based upon the latest version of the ITE Trip Generation Manual. The traffic statement should be a short summary report assessing the trip generation analysis and proposed site access. It is to be submitted at the time of site plan review but may be submitted at any earlier stage of the planning or permitting process. It shall identify, at a minimum, the following methodology requirements: the project trip generation, forecast traffic volumes based upon existing and committed traffic, site access, existing conditions/physical characteristics of the roadway network and current traffic conditions, turn lane analysis, pate access as applicable, valet analysis as applicable, maneuverability analysis diagram, impact on the public street system and surrounding area, identification of onsite and offsite improvements, school drop off/pick up as applicable, and mitigation efforts as applicable. In addition, it should account for expected non -development traffic, address the ability for safe movement of bicycle and pedestrian traffic, and facilities for non -motorized vehicles. It must alsorovide analysis for the project opening year. -et "..) -7f C� b. Traffic Impact Study A traffic impact study shall be required for any development(s) or redevetotnes) that generate one hundred (100) or more peak hour trips, in addition to t#' requirements in subsection a. above, and at a minimum, address the fo cowing: ? .c- (1) The impacted roadways and adjacent roadways where the develocrness) or D redevelopment(s) traffic is expected; and r (2) Analyze existing conditions, and future (project opening near) conditions (with and without project) for adiacent or nearby roadways, including any expected increases from non -development traffic and if known, committed development(s) or redevelopment(s); and (3) Identify the physical characteristics of the roadways within and adjacent to the development(s) or redevelopment(s) area; and. (4) Conduct a mitigation analysis to determine the impact of the development(s) or redevelopment(s) on the surrounding roadway network and identify the mitigation measures necessary to meet the adopted minimum level of service (LOS) standards for the existing and future temporal scenarios. This analysis should address the need for new facilities, expansion of existing facilities, or any mobility improvement necessary to provide a safe and efficient transportation network, enhance mobility, and maintain the adopted level of service standards through the future with project analysis scenario; and .(5) Reference all background material and data used. c. The traffic statement and/or impact study shall be reviewed by the Department of Resilience and Public Works to ensure that the traffic statement and/or impact study was performed according to standard traffic engineering practices and that all applicable City of Miami, Miami -Dade County and state guidelines/regulations were followed and/or implemented. In addition, the review shall also assess whether the traffic statement and/or impact study results adequately address the traffic impacts of the development(s) or redevelopment(s) as proposed. The review findings, comments, and/or recommendations will document all areas of concern and compliance with any deficiencies in the traffic statement and/or impact study, including any traffic mitigation measures recommended by the City, to be required before a master building permit is issued. d. The traffic statement and/or impact study shall be accompanied by a fee in an amount to be set forth by City Commission resolution, which may be amended from time to time. A certified copy of the resolution setting forth the fee shall be on file with the City Clerk. The amount of the fee shall be maintained by the City Manager and made available via the City's website. e. Validity and Expiration of Traffic Statements and Traffic Impact Studies. (1) A traffic statement and/or impact study shall expire or be deemed invalid, if a Development Agreement or Development Order is not in place, upon the occurrence of the following: L i. The development(s) or redevelopment(s) is modified in a man- 0 materially affects traffic generation, site access, or impacts to the,rpadwy r network, as determined in the sole professional judgment of the Ditectofrof the Department of Resilience and Public Works or his/her desiciree; = = r1 • C3 ri N iii. The passage of the assumed opening year analyzed in the traffic statement or impact study. ii. The passage of five (5) years from the date of approval; or (2) The Director of the Department of Resilience and Public Works or his/her designee may grant a one-time extension of up to two (2) years upon a determination that no material changes in traffic conditions or project characteristics have occurred. (3) For purposes of this subsection, if material changes have been determined by the Director of the Department of Resilience and Public Works or his/her designee due to changes to the proiect's scope, density, intensity, or site access, the updated traffic statement or impact study shall include the following: i. Changes in traffic conditions, including roadway network characteristics, background traffic volumes, or new committed development(s) not previously analyzed; and ii. Changes in applicable regulations, level of service (LOS) standards, or any other condition that, in the Citv's professional judgment, materially affects the findings or conclusions of the traffic statement or impact study. O Cede , . nera+v,Ttte 20 oT that m . be G tV CT s 11 thisesoction-o , 'd- ._. N - rn } permit is ' ►1 f o ry wed , • pact s#udies;-and " .S. § 287.055, as amondod and as applicabled wiles 6 ( any-ether-pfeperty- else-show- Gity-after befor a ' within Gempletion of -the -engagement, Sec. 62-2.2. Environmental impact studies. If an environmental impact study is required by the City pursuant to the City Code or the Citv's zoning ordinance, it shall be performed by an independent provider pursuant to this section of the City Code. In addition, any acquisition, sale, or lease of City -owned property over $2,000,000.00 shall require an independent environmental impact study unless waived by four -fifths affirmative vote of the City Commission. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.2 ev N 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Legislation Ordinance Enactment Number City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 19424 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE I/SECTION 62-2.1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/IN GENERAL/INDEPENDENT TRAFFIC AND ENVIRONMENTAL IMPACT STUDIES," BY UPDATING TRAFFIC STATEMENT AND TRAFFIC IMPACT STUDY REQUIREMENTS AND REMOVING ENVIRONMENTAL IMPACT STUDIES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 62-2.1 of the Code of the City of Miami, Florida, as amended ("City Code"), establishes requirements for traffic statements and traffic impact studies associated with development and redevelopment projects; and WHEREAS, the City of Miami ("City") reviews development and redevelopment projects to ensure that transportation infrastructure can safely and efficiently accommodate anticipated traffic demands; and WHEREAS, the proposed amendments establish clear thresholds for when traffic statements and traffic impact studies are required, identify minimum analysis and methodology requirements, and clarify the review responsibilities of the Department of Resilience and Public Works; and WHEREAS, the proposed amendments establish validity, expiration, and extension provisions for traffic statements and traffic impact studies to ensure that transportation analyses remain current and accurately reflect project and roadway conditions; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") at its meeting on , following an advertised hearing, adopted Resolution No. by a vote of recommending of this item to the City Commission; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its citizens to amend the City Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 62, Article I of the City Code is hereby amended in the following City of Miami File ID: 19424 (Revision:) Printed On: 6/15/2026 particulars:1 "CHAPTER 62 PLANNING AND ZONING ARTICLE I. IN GENERAL * * * Sec. 62-2.1. Traffic statement requirement and traffic impact studies when required. The city requires signed and sealed +adepeadeit traffic statements; and/or traffic impact studies,and produced by belayh a registered Florida Professional Engineer who is also a Professional Traffic Operations Engineer. a. Traffic Statement — 20 peak hour trips to 99 peak hour trips A traffic statement is required for development(s) or redevelopment(s) that generate between twenty (20) to ninety-nine (99) peak hour trips based upon the latest version of the ITE Trip Generation Manual. The traffic statement should be a short summary report assessing the trip generation analysis and proposed site access. It is to be submitted at the time of site plan review but may be submitted at any earlier stage of the planning or permitting process. It shall identify, at a minimum, the following methodology requirements: the project trip generation, forecast traffic volumes based upon existing and committed traffic, site access, existing conditions/physical characteristics of the roadway network and current traffic conditions, turn lane analysis, pate access as applicable, valet analysis as applicable, maneuverability analysis diagram, impact on the public street system and surroundinq area, identification of onsite and offsite improvements, school drop off/pick up as applicable, and mitigation efforts as applicable. In addition, it should account for expected non -development traffic, address the ability for safe movement of bicycle and pedestrian traffic, and facilities for non -motorized vehicles. It must also provide analysis for the proiect opening year. b. Traffic Impact Study A traffic impact study shall be required for any development(s) or redevelopment(s) that generate one hundred (100) or more peak hour trips, in addition to the requirements in subsection a. above, and at a minimum, address the following: u The impacted roadways and adjacent roadways where the development(s) or redevelopment(s) traffic is expected; and Analyze existing conditions, and future (project opening year) conditions (with and without project) for adjacent or nearby roadways, including any expected increases from non -development traffic and if known, committed 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanaed material. City of Miami File ID: 19424 (Revision:) Printed On: 6/15/2026 development(s) or redevelopment(s); and u Identify the physical characteristics of the roadways within and ad'lacent to the development(s) or redevelopment(s) area; and. al Conduct a mitigation analysis to determine the impact of the development(s) or redevelopment(s) on the surrounding roadway network and identify the mitigation measures necessary to meet the adopted minimum level of service (LOS) standards for the existing and future temporal scenarios. This analysis should address the need for new facilities, expansion of existing facilities, or any mobility improvement necessary to provide a safe and efficient transportation network, enhance mobility, and maintain the adopted level of service standards through the future with proiect analysis scenario; and u Reference all background material and data used. c. The traffic statement and/or impact study shall be reviewed by the Department of Resilience and Public Works to ensure that the traffic statement and/or impact study was performed according to standard traffic engineering practices and that all applicable City of Miami, Miami -Dade County and state guidelines/regulations were followed and/or implemented. In addition, the review shall also assess whether the traffic statement and/or impact study results adequately address the traffic impacts of the development(s) or redevelopment(s) as proposed. The review findings, comments, and/or recommendations will document all areas of concern and compliance with any deficiencies in the traffic statement and/or impact study, including any traffic mitigation measures recommended by the City, to be required before a master building permit is issued. d. The traffic statement and/or impact study shall be accompanied by a fee in an amount to be set forth by City Commission resolution, which may be amended from time to time. A certified copy of the resolution setting forth the fee shall be on file with the City Clerk. The amount of the fee shall be maintained by the City Manager and made available via the City's website. e. Validity and Expiration of Traffic Statements and Traffic Impact Studies. (1) A traffic statement and/or impact study shall expire or be deemed invalid, if a Development Agreement or Development Order is not in place, upon the occurrence of the following: i. The development(s) or redevelopment(s) is modified in a manner that materially affects traffic generation, site access, or impacts to the roadway network, as determined in the sole professional judgment of the Director of the Department of Resilience and Public Works or his/her designee: ii. The passage of five (5) years from the date of approval; or iii. The passage of the assumed opening year analyzed in the traffic statement or impact study. (2) The Director of the Department of Resilience and Public Works or his/her designee may grant a one-time extension of up to two (2) years upon a determination that no material changes in traffic conditions or project characteristics have occurred. City of Miami File ID: 19424 (Revision:) Printed On: 6/15/2026 (3) For purposes of this subsection, if material changes have been determined by the Director of the Department of Resilience and Public Works or his/her designee due to changes to the proiect's scope, density, intensity, or site access, the updated traffic statement or impact study shall include the following: i. Changes in traffic conditions, including roadway network characteristics, background traffic volumes, or new committed development(s) not previously analyzed; and ii. Changes in applicable regulations, level of service (LOS) standards, or any other condition that, in the Citv's professional iudgment, materially affects the findings or conclusions of the traffic statement or impact study. Gity-Gede-OF ' f p that generate 20 o the cito_goner •ed traffic, an klentifieatien-ef-ensite-and-effsite-impr-evemehts-aREWGF-mifigatieh-egeFts that -may -be the-sit/6 1 1 1 , ormi� , qua"""" f 1 , 1 1 the-Geneuttan1 11 11 1 appksable;-ate wil 1 , peFty else -show before as T City of Miami File ID: 19424 (Revision:) Printed On: 6/15/2026 completion of th�agement. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated jierein. whichever is rater. City of Miami File ID: 19424 (Revision:) Printed On: 6/15/2026