FR.1 - 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 particulars: “CHAPTER 62 PLANNING AND ZONING \*\*\* ARTICLE I. IN GENERAL \*\*\* Sec.62-2.1.Independenttrafficandenvironmentalimpactstudies.Trafficstatementrequirement and traffic impact studies when required. The city requires signed and sealedindependent traffic statements,and/or traffic impact studies, andenvironmental impact studies performedproduced by qualified independent providers registered andapprovedpursuanttotheCityCodeandasindicatedinthissectionbelow.aregistered Florida Professional Engineer who is also a Professional Traffic Operations Engineer. a.TrafficStatement–20peakhourtrips 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 generationanalysisandproposedsiteaccess.Itistobesubmittedatthetimeofsite plan review but may be submitted at any earlier stage of the planning or permitting process.Itshallidentify,ataminimum,thefollowingmethodologyrequirements:the project trip generation, forecast traffic volumes based upon existing and committed traffic, site access, existing conditions/physical characteristics of the roadway networkandcurrenttrafficconditions,turnlaneanalysis, gate access as applicable,valetanalysisasapplicable, 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 also provide analysis for the project opening year. b.TrafficImpactStudy Atraffic impact study shall be required for any development(s) or redevelopment(s) that generate one hundred(100) or more peakhourtrips,inadditionto the requirementsinsubsection a.above,andataminimum,addressthefollowing: (1)Theimpactedroadwaysandadjacentroadwayswherethedevelopment(s)or redevelopment(s) traffic is expected; and (2)Analyzeexistingconditions,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 development(s) or redevelopment(s); and (3)Identifythephysicalcharacteristicsoftheroadwayswithinandadjacenttothedevelopment(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 measuresnecessarytomeettheadoptedminimum level of service (LOS) standardsforthe 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)Referenceallbackgroundmaterialanddataused. c.The traffic statement and/or impact study shall be reviewed by the Department ofResilience 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 trafficstatement and/orimpactstudyresultsadequatelyaddressthetrafficimpactsof the development(s) or redevelopment(s) as proposed. The review findings, comments, and/orrecommendationswilldocumentallareasofconcernandcompliancewithany deficiencies in the traffic statement and/or impact study, including anytrafficmitigationmeasuresrecommendedbytheCity,toberequiredbeforea master building permit is issued. d.Thetrafficstatementand/orimpactstudy shall beaccompaniedbya feeinanamountto be set forth by City Commission resolution, which may be amended from time to time.Acertified 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. (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 project'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 City’s professional judgment, materially affects the findings or conclusions of the traffic statement or impact study. Ifatrafficstatement or atrafficimpactstudyisrequiredbythecitypursuanttotheCityCodeorthe city's zoning ordinance, it shall be performed by an independent provider pursuant to thissectionoftheCityCode.Inaddition,alldevelopmentsandredevelopmentsthatgenerate20ormorepeak hourtripsbasedonthelatestversionoftheITETripGenerationManualwillrequirea traffic statement by an independent provider pursuant to this section of the City Code.Allindependent traffic statements shall document the trip generation, site access, and provide amaneuverability diagram. Following a review of the traffic statement, the city reserves the rightto require a traffic impact study to be performed by an independent provider pursuant to thissection of the City Code.All traffic impact studies shall include, at a minimum, an estimation ofthe site-generated traffic, an assessment of its impact on the public street system andsurroundingarea,andidentificationof onsiteandoffsiteimprovementsand/ormitigationeffortsthat may be needed as a result of the development. If an environmental impact studyis required bythe citypursuant totheCity Code or the city'szoningordinance,itshallbeperformedbyanindependentproviderpursuanttothissectionofthe City Code. In addition, any acquisition, sale, or lease of city-owned property over$2,000,000.00shallrequireanindependentenvironmentalimpactstudyunlesswaivedbyfour-fifths affirmative vote of the city commission. Every development shall comply with this section of the City Code before a building permit isissued, including any phased permits. The city manager shall create a pool of qualifiedproviders to conduct independent traffic statements, independent traffic impact studies, andindependent environmentalimpact studies.Thepoolof providersshallbeestablishedthroughacompetitive process which shall include pricing, when appropriate, pursuant to the city'sprocurement process as established by chapter 18 of the City Code; the Consultant'sCompetitive NegotiationAct ("CCNA"), F.S. § 287.055, as amended and as applicable; andsubsequent approval by the city commission. The city manager or designee will assign suchindependent traffic statements and independent studies to members of the pool of providers ona rotating basis.All expenses incurred in the undertaking and conducting of the statements andindependent studies shall solely be borne by the applicant of the proposed development. Priortocommencingastudy,theapplicantshallpaytothecityanamountequalto100percentoftheestimated expenses for the services of the provider set to perform the independent study. Theapplicant shall satisfy any amount over and above the provider's estimated expenses prior tothe issuance of the final report and the issuance of any building permit(s), including phasedpermits. No building permits, including phased permits, shall be issued on the development orany other property requested by the applicant until full payment is received. The applicant shallalso show compliance with any traffic and environmental mitigation measures required by thecity after review of any traffic statement, traffic impact study, or environmental impact studybefore a building permit is issued, including phased permits.Any provider that has participatedwithin the preceding year in an application for any development for an applicant or is currentlyworking for an applicant on any application is hereby prohibited from participating in the pool ofproviders conducting the statement or study for that applicant for one year after the completionof the engagement. \*\*\*” 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.