180 Miami-Dade Board of County Commissioners Office of the Commission Auditor Board of County Commissioners (BCC) Meeting May 1, 2018 9:30 A.M. Commission Chambers Thomas B. Davis, Esq. Director, Policy and Legislation Office of the Commission Auditor (OCA) 111 N.W. First Street, Suite 1030 Miami, FL 33128 (305) 375-2524 PAGE INTENTIONALLY LEFT BLANK 2 BCC Meeting: May 1, 2018 Research Notes Item No. 5A File No. 180909 Researcher: MF Reviewer: TD ORDINANCE RELATING TO ZONING; AMENDING SECTION 33-349 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REVISING MIAMI INTERNATIONAL AIRPORT (WILCOX FIELD) ZONING REGULATIONS TO PROVIDE AN EXCEPTION TO THE PROHIBITION ON APPLICATIONS FOR VARIANCES FROM HEIGHT LIMITATIONS WHERE THE PROPOSED STRUCTURE OR USE MEETS FEDERAL STANDARDS AND HAS BEEN APPROVED BY THE FEDERAL AVIATION ADMINISTRATION; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE ISSUE/REQUESTED ACTION Whether the Board should amend Section 33-349 of the Code of Miami-Dade County to revise Miami International Airport (Wilcox Field) Zoning Regulations to provide an exception to the prohibition on applications for variances from height limitations where the proposed structure or use meets federal standards and has been approved by the Federal Aviation Administration (FAA). APPLICABLE LEGISLATION/POLICY Miami-Dade County Code, Section 33-342, sets forth a procedure for variances and exceptions to the Zoning Regulations. http://miamidade.fl.elaws.us/code/coor_ptiii_ch33_artxxxvii_sec33-342 Miami-Dade County Code, Section 33-349 governs airspace approvals, and provides that “No permanent structure may be erected, constructed, located or otherwise established within the MIA Airport Zoning Area unless it has been issued an appropriate development permit(s) by Miami-Dade County or the municipality in which it is located. Except as provided for hereunder, no development permit for any structure or tree (whether permanent or temporary, natural or man-made) to be erected, planted, located or otherwise established, within the MIA Airport Zoning Area shall be issued by the county or any municipality unless such development permit has been approved in writing by MDAD and meets the review criteria created pursuant to this article.” http://miamidade.fl.elaws.us/code/coor_ptiii_ch33_artxxxvii_sec33-349 Code of Federal Regulations, Title 14, Part 77, establishes the requirements to provide notice to the FAA of certain proposed construction, or the alteration of existing structures; and the standards used to determine obstructions to air navigation, and navigational and communication facilities. https://www.law.cornell.edu/cfr/text/14/part-77 PROCEDURAL HISTORY Prime Sponsor: Commissioner Rebeca Sosa, District 6 This proposed ordinance was adopted on first reading by the BCC on April 10, 2018. Assistant County Attorney Eddie Kirtley read the proposed ordinance into the record. He noted this item required municipal notification, 6 weeks between passage on first reading and the public hearing, as well as Committee review. He indicated that Commissioner Sosa had requested to suspend the rules as to the 4-week, 6-week municipal notice and public hearing requirements, as well as the committee review requirement, so that the public hearing and second reading may be held at the upcoming May 1, 2018 Board of County Commissioners meeting. 3 BCC Meeting: May 1, 2018 Research Notes FISCAL IMPACT There is no Fiscal Impact Statement attached to the proposed ordinance. ANALYSIS Section 33-349 of the Code of Miami-Dade County prohibits variances from airport zoning height limitations. However, in some instances, the height regulations in the Code are more restrictive than applicable federal standards and regulations. The proposed ordinance would amend Section 33-349 of the Code to permit applications for variances from the height limitations in limited circumstances where the proposed structure or use complies with federal height and airspace standards and regulations, and has been approved by the FAA. In such circumstances, the applicant would still be required to demonstrate that the requested variance is otherwise consistent with all other requirements of the Code and that it does not compromise aviation safety or airport viability. According to Section 33-342(4) of the Code, “[a]pproval of variances, when not specifically prohibited by this article, shall be limited to those cases in which it is duly found that a literal application or enforcement of the regulations would result in unnecessary hardship and the relief granted would not be contrary to the public interest but granting thereof would do substantial justice and be in accordance with the intent and purpose of this article.” Section 33-342 of the Code further provides that “[t]he intent and purpose of this article is to promote the health, safety and general welfare of the inhabitants of Miami-Dade County, Florida, by preventing creation of an airport hazard or of a hazard to air navigation, thereby protecting the lives and property of users of Miami International Airport and of occupants of land in its vicinity and preventing destruction or impairment of the utility of the airport and the public investment therein.” Section 33-342(5) of the Code states that [i]n determining whether the standard set forth in paragraph (4) has been met, the following factors pertaining to the public interest shall be considered: (a) the nature of the terrain and height of existing structures; (b) public and private interest and investments; (c) the character of flying operations and planned future development of Miami International Airport; (d) federal airways as designated by the Federal Aviation Administration; (e) whether the construction of the proposed structure would cause an increase in the minimum descent altitude or the decision height at Miami International Airport; technological advances; (f) the safety of persons on the ground and in the air; (g) land use density; (h) safe and efficient use of navigable airspace; and (i) the cumulative effects on navigable airspace of all existing structures, proposed structures identified in the Comprehensive Development Master Plan, and all other known proposed structures and uses in the area. In certain limited circumstances it may be economically beneficial for the County to permit applications for variances from the height limitations in limited circumstances. It is thus proposed to amend Section 33-349 of the Code, as follows: (Words [[double bracketed]] shall be deleted. Words underscored and >>double arrowed<< constitute the proposed amendment): Section 33-349 (current language) Section 33-349 (proposed amendment) No permanent structure may be erected, constructed, No permanent structure may be erected, constructed, located or otherwise established within the MIA Airport located or otherwise established within the MIA Airport Zoning Area unless it has been issued an appropriate Zoning Area unless it has been issued an appropriate 4 BCC Meeting: May 1, 2018 Research Notes development permit(s) by Miami-Dade County or the development permit(s) by Miami-Dade County or the municipality in which it is located. Except as provided municipality in which it is located. Except as provided for hereunder, no development permit for any structure for hereunder, no development permit for any structure or tree (whether permanent or temporary, natural or man- or tree (whether permanent or temporary, natural or man- made) to be erected, planted, located or otherwise made) to be erected, planted, located or otherwise established, within the MIA Airport Zoning Area shall be established, within the MIA Airport Zoning Area shall be issued by the county or any municipality unless such issued by the county or any municipality unless such development permit has been approved in writing by development permit has been approved in writing by MDAD and meets the review criteria created pursuant to MDAD and meets the review criteria created pursuant to this article. this article. * * * * * * In order to comply with Federal Aviation Regulations, In order to comply with Federal Aviation Regulations, the Director of the Miami-Dade Aviation Department the Director of the Miami-Dade Aviation Department shall have the right to order structure or tree heights to be shall have the right to order structure or tree heights to be lower than the height limitations established in this lower than the height limitations established in this article. For the sake of aviation safety and airport article. For the sake of aviation safety and airport viability, there shall be no variances from or exceptions viability, there shall be no variances from or exceptions to the height zoning limitations of this article. to the height zoning limitations of this article >>, except that a variance may be applied for pursuant to section 33- 342 where the proposed structure or use meets applicable federal standards and regulations and has been approved by the Federal Aviation Administration<<. The Director of the Miami-Dade Aviation Department or The Director of the Miami-Dade Aviation Department or designee is authorized to appeal or otherwise legally designee is authorized to appeal or otherwise legally contest decisions of a municipality granting development contest decisions of a municipality granting development permits that are subject to compliance with this article, permits that are subject to compliance with this article, for failure to comply with the airport height zoning for failure to comply