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
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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
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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 "..)
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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: ?
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(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; = =
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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.
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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
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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.
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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