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Home My WebLink AboutO-13858City of Miami q Legislation Ordinance: 13858 File Number: 6115 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 9/12/2019 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/IN GENERAL," BY CREATING A NEW SECTION 62-2.1, TITLED "INDEPENDENT TRAFFIC AND ENVIRONMENTAL STUDIES," TO REQUIRE AN INDEPENDENT TRAFFIC STUDY AND AN INDEPENDENT ENVIRONMENTAL STUDY (COLLECTIVELY "STUDIES") FOR CERTAIN NEW DEVELOPMENTS; CREATING A POOL OF PROVIDERS TO CONDUCT SAID STUDIES THAT ARE SELECTED ON A COMPETITIVE BASIS; AUTHORIZING THE CITY MANAGER TO SELECT QUALIFIED, INDEPENDENT PROVIDERS TO CONDUCT THE STUDIES FOR NEW DEVELOPMENTS; PROVIDING FOR COMPETITIVE PROCESSES; PROVIDING FOR A SELECTION PROCESS; PROVIDING THAT THE COST OF THE STUDIES BE BORNE BY THE APPLICANT REQUIRING SAID STUDIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, the City Commission believes that mitigating the increase in traffic and environmental impact is of utmost importance in the City of Miami ("City") and is needed to preserve the health, safety, and welfare of the City's residents; and WHEREAS, the City Commission feels that an independent traffic impact study and an independent environmental impact study are necessary and preferable to those studies provided by applicants as such independent studies (collectively, "Studies") provide fully objective perspectives; and WHEREAS, the City Commission desires to instruct the City Manager to select a pool of qualified, independent providers to perform the Studies for certain new developments pursuant to the City's procurement procedures established in Chapter 18 of the Code of the City of Miami, Florida, as amended ("City Code"), before the effective date of this Ordinance; and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to amend the City Code for the purposes stated herein and to ensure proper mitigation of traffic and environmental impacts created by certain new developments; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and finding contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. City of Miami Page 1 of 4 File ID: 6115 (Revision: A) Printed On: 9/27/2019 File ID: 6115 Enactment Number: 13858 Section 2. Chapter 62/Article I of the City Code is hereby amended as follows:I "CHAPTER 62 PLANNING AND ZONING ARTICLE I. IN GENERAL Sec. 62-2.1 — Independent Traffic and Environmental Impact Studies. The City requires independent traffic statements, traffic impact studies, and environmental impact studies performed by qualified independent providers registered and approved pursuant to the City Code and as indicated in this Section below. If a Traffic Statement or a Traffic Impact Study is required by the City pursuant to the City Code or the City's Zoning Ordinance, it shall be performed by an independent provider pursuant to this Section of the City Code. In addition, all developments and redevelopments that generate twenty (20) or more peak hour trips based on the latest version of the ITE Trip Generation Manual will require a Traffic Statement by an independent provider pursuant to this Section of the City Code. All independent Traffic Statements shall document the trip generation, site access, and provide a maneuverability diagram. Following a review of the Traffic Statement, the City reserves the right to require a Traffic Impact Study to be performed by an independent provider pursuant to this Section of the City Code. All Traffic Impact Studies shall include, at a minimum, an estimation of the site -generated traffic, an assessment of its impact on the public street system and surrounding area, and identification of onsite and offsite improvements and/or mitiaation efforts that may be needed as a result of the develoament. If an Environmental Imaact Studv is reauired by the Citv pursuant to the Citv Code or the City'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 two ($2) million dollars shall require an independent Environmental Impact Study unless waived by four-fifths (4/5ths) affirmative vote of the City Commission. Every development shall comply with this Section of the City Code before a building permit is issued, including any phased permits. The City Manager shall create a pool of qualified providers to conduct independent traffic statements, independent traffic impact studies, and independent environmental impact studies. The pool of providers shall be established through a competitive process which shall include pricing, when appropriate, pursuant to the City's procurement process as established by Chapter 18 of the City Code; the Consultant's Competitive Negotiation Act ("CCNA"), Sec. 287.055, F.S., as amended and as applicable; and subsequent approval by the City Commission. The City Manager or designee will assign such independent Traffic Statements and independent studies to members of the pool of providers on 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. City of Miami Page 2 of 4 File ID: 6115 (Revision: A) Printed on: 9/27/2019 File ID: 6115 Enactment Number: 13858 a rotating basis. All expenses incurred in the undertaking and conducting of the statements and independent studies shall solely be borne by the applicant of the proposed development. Prior to commencing a study, the applicant shall pay to the City an amount equal to one hundred percent (100%) of the estimated expenses for the services of the provider set to perform the independent study. The applicant shall satisfy any amount over and above the provider's estimated expenses prior to the issuance of the final report and the issuance of any building permit(s), including phased permits. No building permits, including phased permits, shall be issued on the development or any other property requested by the applicant until full payment is received. The applicant shall also show compliance with any traffic and environmental mitigation measures required by the City after review of any Traffic Statement, Traffic Impact Study, or Environmental Impact Study before a building permit is issued, including phased permits. Any provider that has participated within the preceding year in an application for any development for an applicant or is currently working for an applicant on any application is hereby prohibited from participating in the pool of providers conducting the statement or study for that applicant for one (1) year after the completion of the engagement. *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. The City Manager is hereby directed to expedite the procurement process for the providers as established in this Ordinance. Section 5. The City Manager is hereby directed to report back to the City Commission within sixty (60) days, after conducting two (2) industry workshops, with an implementation strategy of the requirements of this Ordinance for approval by the City Commission. Section 6. Once the implementation strategy is approved by the City Commission, the City Manager shall implement the strategy within one -hundred twenty (120) days. Section 7. This Ordinance shall become effective within one -hundred eighty (180) days of adoption thereof.2 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 Page 3 of 4 File ID: 6115 (Revision: A) Printed on: 9/27/2019 File ID: 6115 APPROVED AS TO FORM AND CORRECTNESS: Enactment Number: 13858 r � r ria ' ndez, Cify Attor iey 611 812 0 1 9 ria ndez, ity ttor ey 7116/2019 1 ria ndez, ity ttor ey 813012019 City of Miami Page 4 of 4 File ID: 6115 (Revision: A) Printed on: 912712019