C4B-Ref- PB - Amend Ch 142 Mandatory Traffic Studies For DRB-HPB ApplicationsMIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
CO ISSION MEMORANDUM
TO: Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: September 2,2015
SUBJECT: REFERRAL TO THE PLANNING BOARD PROPOSED ORDINANGE
AMENDING CHAPTER 142 OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY CODE PERTAINING TO MANDATORY TRAFFIC STUDIES FOR
DRB AND HPB DEVELOPMENT APPLICATIONS
ADMI NISTRATION RECOMMENDATION
Refer the proposed Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUND
On June 10,2015, at the request of Commissioner Micky Steinberg, the City Commission referred
this item to the Land Use and Development Committee and the Neighborhoods Committee (ltem
C4H). On June 17, 2015, the Land Use Committee directed the Administration to draft an
Ordinance establishing broader requirements for the submission of traffic studies, and continued
the matter to July 29,2015.
On July 29, 2015, the Administration presented an update. Specifically, Planning staff identified
the sections of the Land Development Regulations that would be best suited for DRB and HPB
required traffic studies. However, the Transportation Department needed more time to fine{une the
specific thresholds for mandating the submission of a traffic study for these particular boards. The
Land Use Committee discussed the item further and took the following action:
1. Continued the item to a date certain of September 9,2015, in order to fully review specific
thresholds for mandating the submission of a traffic study for the DRB and HPB.
2. Recommended that the City Commission refer an Ordinance Amendment to the Planning
on September 2, 2015, in anticipation of the proposed traffic study thresholds being
reviewed by the Land Use Committee on September g, 2015.
ANALYSIS
As part of the planning process for approval of private development projects, the City Code
requires that, under certain conditions, an applicant prepare a traffic impact study for approval by
the City. ln this regard, section 1 18-6 provides specific regulations for the submission and review of
such studies. Under the current process for Planning Board applications, the applicant retains a
traffic engineering consultant who attends the pre-application meeting with City staff in order to
discuss the methodology of the traffic study, prior to submittal. The City has a peer reviewer under
Agenda ftem C4 B
Date q-e- lY178
Commission Memorandum
Referral to Planning Board - DRB & HPB Traffic Studies Ordinance
September 2, 2015 Page 2 of 2
contract to provide review of all traffic studies related to Planning Board Conditional Use
applications.
At the pre-application meeting, the traffic study methodology is discussed and developed.
Subsequent to the pre-application meeting, the applicant's traffic engineering consultant will submit
to the City the written study methodology for approval prior to initiating the production of the study.
Once a traffic study is submitted to the City as part of the Planning Board application, a copy is
sent to the peer reviewer for review and comments. Within seven (7) days after receiving the traffic
studies, city Transportation staff submits comments to the applicant. These comments are also
coordinated with the peer reviewer.
The goal is to address all traffic/transportation issues related to a development project at least 20
days prior to the Planning Board meeting. After all the traffic related issues have been addressed,
the Transportation Department submits a memorandum with recommendations to the Planning
Department. The Planning Department takes the transportation considerations into account in
making a recommendation to the Planning Board, including adding specific conditions of approval
if needed.
ln many instances development projects are required to obtain both Conditional Use approval
(from the Planning Board), as well as either Design Review Board or Historic Preservation Board
approval. ln these instances traffic impacts are addresses as part of the Planning Board application
review.
However, unlike Planning Board applications, Historic Preservation Board (HPB) and Design
Review Board (DRB) applications follow a different review process. ln general, the traffic impact
resulting from a private development project is not a consideration in HPB and DRB applications.
Thus, projects approved by the HPB and DRB are currently not required to conduct a traffic impact
study as part of the initial Board review. As part of the Building Permit review process, the City can
require that a traffic impact study be submitted. However at this point the permit plans have been
fully developed and modifications to the plans can come at great expense to the applicant.
The proposed Ordinance would modify the application requirements for both the Historic
Preservation and Design Review Boards, in order to establish certain thresholds under which
applications to these Boards would be required to submit a traffic impact study. While the level of
review would not be as intense as the current process required as part of a Planning Board
application, it would provide a sufficient level of assessment by the Transportation and Planning
Departments in order to identify any major concerns or issues with an application, which could be
addressed early in the Design Review process.
CONCLUSION
ln accordance with the July 29, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
attached Ordinance Amendment to the Planning Board. The threshold criteria for determining
whether a traffic study will be required is still in the process of being finalized by the Transportation
Department. The Administration expects the threshold data to be ready for the September 9, 2015
Land Use and Development Committee meeting. lf the threshold data becomes available prior to
il;1ffit
2,2015, the Administration will distribute it to the Commission as an addendum.
T:\AGENDA\2O1S\SeptembeAPLANNlNG\Referral to Planning Board - HPB & DRB Traffic Studies MEMO.docx
179
TRAFFIC STUDY REQUIREMENTS
ORDINANCE NO.
AN ORDINANCE of the Mayor and City Commission of the City of Miami Beach, Florida,
amending the Land Development Regulations of the City Code, by amending Chapter
118, "Administration and Review Procedures," Article Vl, "Design Review Procedures,"
at Section 118-253, by including application requirements for Design Review Board
applications, to include threshold requirements for the submission of traffic studies, and
by amending Chapter llS, "Administration and Review Procedures," Article X, "Historic
Preservation," Division 3, "lssuance of Certificate of Appropriateness to Dig / Certificateof Appropriateness for Demolition," at Section 118-562, by including threshold
requirements for the submission of traffic studies for Historic Preservation Board
applications; providing for Codification; Repealer; Severability; and an Effective Date.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs") provides
for the regulation of land within the City; and
WHEREAS, the City currently has in place policies and procedures as part of the
planning process for review of traffic impacts from private development projects; and
WHEREAS, although the Planning Board as part of the Conditional Use process reviews
and evaluates traffic impacts from development, currently the Design Review Board and Historic
Preservation do not generally consider the traffic impact resulting from a private development
project; and
WHEREAS, it is in the best interest of the City to consider and evaluate traffic impacts
and mitigation measures from development projects even when a Conditional Use review and
approvalfrom the Planning Board is not required; and
WHEREAS, the City desires to establish certain threshold requirements for the
submission of traffic impact studies for Design Review Board and Historic Preservation Board
applications; and
WHEREAS, the Planning Board, at its meeting dated by a vote of
recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND C!ry COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
follows:
That Section 118-253, "Application for design review", is hereby amended as
180
Sec. 118-253. - Application for design review.
(a) The applicant shall obtain a design review application from the planning department, which
shall be responsible for the overall coordination and administration of the design review
process. When the application is complete, the planning department shall place the
application on the agenda and prepare a recommendation to the design review board. The
planning department shall determine the date on which the application will be heard by the
board; however, the board shall consider the application and planning department
recommendation at the next available meeting date after the submission of a completed
application to the planning department.
(d) All applications involvinq demolition, new buildinq construction. alteration, rehabilitation,
renovation, restoration or anv other phvsical modification of anv buildinq, structure.
improvement. landscape feature, public interior or site in accordance with section Section
118-252 of the Miami Beach Code shall be on a form provided bv the planninq department
and shall include such information and attached exhibits as the board and the plannino
department determine are needed to allow for complete evaluation of the proposed
demolition. construction and other phvsical improvements, alterations or modifications
includinq. but not limited to. the followinq:
(1) Completed board application, affidavits & disclosures of lnterest.
(2) Written description of proposed action with details of application request.
(3) Survev (oriqinal siqned & sealed) dated less than 6 months old at the time of
application (lot area shall be provided bv survevor). identifvinq orade (lf no sidewalk.
provide a letter from Public Works, establishinq qrade), spot elevations and Elevation
Certificate.
(4) All applicable zoninq information.
(5) Complete site plan.
(6) Materials containinq detailed data as to architectural elevations and plans showino
proposed chanqes and existinq conditions to be preserved.
(7) Preliminarv plans showinq new construction in cases of demolition.
(8) All available data and historic documentation reqardinq the buildinq, site or feature. if
required.
(9) A traffic circulation analvsis and plan that details the impact of proiected traffic on the
immediate neiohborhood and how this impact is to be mitiqated shall be required in the
followinq instances:
2
a.
181
SECTION 2.That Section 1 18-562, "Application", is hereby amended as follows:
Sec. f 18-562. -Application.
(b) All applications involving demolition, new building construction, alteration, rehabilitation,
renovation, restoration or any other physical modification of any building, structure,
improvement, landscape feature, public interior or site individually designated in
accordance with sections 118-591 ,118-592 and 118-593, or located within an historic
district shall be on a form provided by the planning department and shall include such
information and attached exhibits as the board and the planning department determine
are needed to allow for complete evaluation of the proposed demolition, construction
and other physical improvements, alterations or modifications including, but not limited
to, the following:
(1) Written description of proposed action.
(2)
(3)
(4)
(5)
(6)
(7)
Survey.
Complete site plan.
Materials containing detailed data as to architectural elevations and plans
showing proposed changes and existing conditions to be preserved.
Preliminary plans showing new construction in cases of demolition.
An historic resources report, containing all available data and historic
documentation regarding the building, site or feature.
Any application which involves substantial structural alterations to or the
substantial or full demolition of any building, structure, improvement, significant
landscape feature, public interior or site individually designated in accordance
with sections '118-591 , 118-592 and 118-593, or located within an historic
district, with the exception of non substantial exterior structural repairs,
alterations and improvements (as may be more specifically defined by the
board in its by-laws and application procedures), shall be required to include a
structural evaluation and corrective action report prepared by a professional
(structural) engineer, licensed in the state as a part of the application at time of
submission. A financial analysis or feasibility study addressing the demolition
proposed shall not be required by the historic preservation board in their
evaluation. For nonsubstantial exterior structural repairs, alterations and
improvements (as may be more specifically defined by the board in its by-laws
and application procedures), a signed and sealed engineering drawing shall be
required. The structural evaluation and corrective action report shall include,
but not be limited to, the following.
The historic preservation board, for applications involving the full demolition of
any contributing building, structure or site individually designated in
accordance with sections 118-59'1 ,118-592 and 118-593, or located within an
historic district, may request the city to retain a licensed independent structural
engineer, with expertise in historic structures, to perform an independent
evaluation of the structure proposed to be demolished. The city commission, in
(8)
182
its sole discretion, may review the request and appropriate funds to cover the
costs associated with the retention of such engineer. The planning department
shall select the independent structural engineer from a qualified list it
maintains. lf it is determined by the independent structural engineer that the
building, structure or site can be retained, preserved or restored, and a
certificate of appropriateness is issued based upon such determination, then
the property owner shall reimburse the city for all costs it paid to such
engineer, and the property may be liened to assure payment. lf it is determined
by the independent structural engineer that the building, structure or site
cannot be retained, preserved or restored, then the city shall bear the
responsibility of all costs incurred by such independent structural engineer.
(9) A traffic circulation analvsis and plan that details the impact of proiected traffic on
the immediate neiqhborhood and how this impact is to be mitioated shall be
required in the followinq instances:
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 5. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2015.
a.
4
183
ATTEST:
MAYOR
CITY CLERK
First Reading:
Second Reading:
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading:
Second Reading:
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+i*et++eugh denotes deleted lan g uage
M:\$CMB\CCUPDATES\Land Use and Development Committee\2o1 5\September 9, 201s\Traffic Study Req - DRAFT ORD Sept 201 5 LUDC.docx
184
THIS PAGE INTENTIONALLY LEFT BLANK
185