AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," BY CREATING DIVISION 7, ENTITLED "MASS TRANSIT FIXED GUIDEWAY PROJECT," TO ESTABLISH CRITERIA AND REQUIREMENTS FOR APPROVAL OF MASS TRANSIT FIXED GUIDEWAY PROJECTS WITHIN THE CITY; BY CREATING SECTION 82-415, ENTITLED "DEFINITIONS"; BY CREATING SECTION 82-416, ENTITLED "STATEMENT OF PURPOSE"; BY CREATING SECTION 82-417, ENTITLED "PLANNING ANALYSIS, TRAFFIC STUDY AND TRANSPORTATION ANALYSIS REQUIRED," TO APPRISE THE CITY COMMISSION AND THE PUBLIC OF THE IMPACTS ASSOCIATED WITH ANY PROPOSED MASS TRANSIT FIXED GUIDEWAY PROJECT; BY CREATING SECTION 82-418, ENTITLED "COMMITTEE REVIEW AND PUBLIC HEARING," TO ESTABLISH PROCEDURES AND REQUIREMENTS FOR APPROVAL OF ANY MASS TRANSIT FIXED GUIDEWAY PROJECT WITHIN THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

This proposed ordinance is sponsored by, and was prepared at the request of, Mayor Gelber.

The purpose of this ordinance is to ensure that the City’s approval of, or any funding for, a light rail, streetcar, monorail, automated people mover, bus rapid transit or similar transportation project within the City (collectively, a “Mass Transit Fixed Guideway Project” or “Project”) is based on sound planning principles, following substantial public input and a detailed evaluation of the proposed Project and its potential impacts.

Accordingly, this proposed ordinance is intended to ensure that (i) the City Commission and the public are fully apprised of all conditions and impacts relating to any proposed Project; (ii) substantial public input is obtained with respect to any proposed Project within the City; and (iii) any City approval of, or funding for, any Project is made in the best interests of the City.

The requirements and conditions of the ordinance would apply to any Mass Transit Fixed Guideway Project, which is defined as any light rail, street car, automated people mover, monorail, bus rapid transit or similar transportation project that (i) operates on rails or substantially within an exclusive or dedicated right of way (including intermittent use of exclusive or dedicated right of ways), and (ii) involves the use of any City property or right-of-way, City funding or financing, or which otherwise requires the issuance of any City permit.

The proposed ordinance requires the City’s Planning Department to prepare a written planning analysis, similar to the analysis required pursuant to Section 82-38 of the City Code for the sale of City property or lease of City property of more than ten (10) years. In addition, the ordinance requires a traffic impact analysis, and for the City’s transportation director to prepare a transportation analysis, evaluating the proposed technology and operational elements of the Project.

The proposed ordinance outlines a process for community outreach, committee review, and public hearings prior to the City Commission’s approval of any Mass Transit Fixed Guideway Project within the City. Specifically, any Project would require review by the Neighborhood/Community Affairs Committee, and if City funding or financing is requested, by the Finance and Citywide Projects Committee. In addition, the City would be required to host at least one public informational session, similar to the charettes or informational meetings the City has hosted in the past for major construction or development projects.