HomeMy WebLinkAboutR-95-0589J-95-546(a)
06/21/95
95— 589
RESOLUTION NO.
A RESOLUTION GRANTING CLASS I SPECIAL PERMIT
NO. 95-0118 FOR AN EXCEPTION TO SECTION
333.03(3), FLORIDA STATUTES, SPECIFICALLY,
APPROVAL OF BUENA VISTA REPLACEMENT SCHOOL IN
THE MIAMI INTERNATIONAL AIRPORT CLEAR ZONE
(RUNWAY APPROACH PATH) LOCATED AT NORTHWEST
30TH STREET AND 3RD AVENUE, MIAMI, FLORIDA,
ZONED C-2 LIBERAL COMMERCIAL.
WHEREAS, the Miami Zoning Board at its meeting of June 5,
1995, Item No. 6, duly adopted Resolution No. ZB-64-95 by a six
to three (6-3) vote, recommending approval to the City Commission
of Class I Special Permit No. 95-0118 as hereinafter set forth;
and
WHEREAS, the City Commission after careful consideration of
this matter, finds that the application for a Class I Special
Permit meets the applicable requirements of the relevant Florida
Statutes and Zoning Ordinance No. 11000, the Zoning Ordinance of
the City of Miami, Florida, and deems it advisable and in the
best interest of the.health, safety and educational needs of the
community and general welfare of the City of Miami and its
residents to approve Class I Special Permit No. 95-0118 as
hereinafter set forth;
CITY COMMISSION
]KEETHIC OF
J U L 1 3 1995
9 5 "oIu° �J
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The application for Class I Special Permit
No. 95-0118 for an exception to Section 333.03(3), Florida
Statutes, specifically, to allow the Buena Vista Replacement
School in the Miami International Airport Clear Zone (runway
approach path) located at Northwest 30th Street and 3rd Avenue,
regally described as Lots 8 through 17 of Block 11, Lots 1
through 23 of Block 12, and that portion of Northwest 3rd Avenue
lying between Block 11 and 12 of "NORTHERN BOULEVARD TRACT"
SUBDIVISION as recorded in Plat Book 2 at Page 29 of the Public
Records of Dade County, Florida, Zoned C-2 Liberal Commercial, is
hereby granted.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 13th
ATTEST:
WALTER J. EMAN
CITY CLERK
day of July 1995.
Cig
a4CLA
0
STEPHEN P.K,MAYOR
95-.589
i
ZONING FACT SHEET PZ0
LOCATION/LEGAL N.W. 30th Street and 3rd Avenue (Former Coca Cola Bottling Plant Site).
(Complete legal description with the Hearing Boards Division).
APPLICANT/OWNER The School Board of Dade County
1450 N.E. 2nd Avenue, Room 525
Miami, Florida 33132
ZONING C-2 Liberal Commercial.
REQUEST Referral of an application for a Class I Special Permit #95-0118 for an exception to
Section 333.03 (3) Florida Statues specifically, approval of the Buena Vista
replacement school in the Miami International Airport clear zone (runaway approach
path); zoned C-2 Liberal Commercial.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Approval.
PUBLIC WORKS N/A.
PLAT AND STREET N/A.
DADE COUNTY TRANSPORTATION N/A.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No,: N/A. Last Hearing Date: N/A. Found: N/A.
Violation(s) Cited: N/A.
Ticketing Action: N/A.
Affidavit of Non -Compliance issued on: N/A. Daily Fine: $0.00 Lien Recorded On: N/A.
Total Fines To Date: N/A.
CEB Action: N/A.
HISTORY A street closure of N.W. 3rd Avenue, between 29th and 30th Street, was recommended for approval
by the Zoning Board on 04/24/95 by Resolution 41-95 with a vote of 5-3.
ANALYSIS SEE DOCUMENTATION ATTACHED.
j
ZONING BOARD Recommended for approval to City Commission. (Res. No. 64-95)
APPELLANT N/A.
CITY COMMISSION N/A.95- C (1
APPLICATION NUMBER 95- 400 Page 1 June 5, 1995 `� `' i
,f
i
s
Osvaldo Moran-Ribeaux offered the following Resolution
and moved its adoption.
RESOLUTION ZB 64-95
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING
ORDINANCE 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED
APPROVAL TO THE CITY COMMISSION OF THE CLASS I SPECIAL
PERMIT NO. 95-0118 FOR AN EXCEPTION TO SECTION 333.03 (3)
FLORIDA STATUES SPECIFICALLY, APPROVAL OF THE BUENA VISTA
REPLACEMENT SCHOOL IN THE MIAMI INTERNATIONAL AIRPORT
CLEAR ZONE (RUNAWAY APPROACH PATH) LOCATED AT N.W. 30TH
STREET AND 3RD AVENUE LEGALLY DESCRIBED AS LOTS 8 THROUGH
17 OF BLOCK 11, LOTS 1 THROUGH 23 OF BLOCK 12 AND PORTION
OF N.W. 3RD AVENUE LYING BETWEEN BLOCK 11 AND 12 OF
"NORTHERN BOULEVARD TRACT" SUBDIVISION (2-29) PUBLIC
RECORDS OF DADE COUNTY; ZONED C-2 LIBERAL COMMERCIAL.
Upon being seconded by Ms. Gloria Basila
the motion was passed and adopted by the following vote:
AYES: Mses. Basila, Hernandez & Morales.
Messers. Moran-Ribeaux, Barket and
C espo.
NAYES: M ssers. Carman, Luaces & Hernandez.
ABSENT: Me. Milian.
Ms. Fernandez: Motion carries 6-3.
June 5, 1995 Item# 6
Zoning Board
95- 589 3
400)
r
-r.,9j o yIC,6�-
APPLICATION FOR CLASS 1 SPECIAL PERHIT Pile No. qs- 0116
it is intended that Class 1 Special Permits be required where �p°1S 400
specified uses or• characteristics• of use are of a nature.
requiring mandatory technical determinations or reviews to
establish special conditions and safeguards. In general, •such
determinations and review4' will'. normally be by 'agencies.- or
offioera other than `the `Department of Planning, and may involve
matters such as design 'for traffio, -parking and loading
facilities, health and environmental considerations, and legal
determinations.
The Zoning Administrator shall -be responsible for the
administration and processing of applications for -Class 1 Special
Permits, and for'determinations thereon. Deoiaions of the Zoning
bdministratoe'regarding aaab 1 Special 'permits 'shall be affected
and limited 'by , reports' received on 'mandatory referrals as
prpvided,.in Section'.1g02. (Seotion I301.2).
I, The School Board of Dade County, Florida,'bareby.apply to the Zoning
Adm n s ra or of the City or Mimifor apprdval of a Class 1::
Special Permit under the provisions of • Article 13 and •'14 of the
City of-Miami.Zoning Ordinance.
Zoning .Distriot: y CPS-'
X Addreas'of Proper th Street and N.W. 3rd Avenue.
Y. Nature of Proposed Me a speoif c
Elementary School.
Date of last Special•Event at this_tooation: N/A
I attach the following in support or explanation of. this
application:
x a) Legal description of., property., and/or .survey, and/or
floor plan.
x b) Site plan, showing (as required) property boundaries,
existing and proposed•'structure(s),. parking, land-
scaping, screening, eto.,.with dimensidne and computa-
tion of lot area'lloor area ratio., lot ooverage,' etc.
'See Section 1304.2.1:(c).:
"x c). Fee' of $10O..00.
d) Affidavit.
X _ e) Notification of adjaaent•,property owners.
.,f) Pdlioe Department Review (Memo).
g) Authorizatton,if City property.
x h);Other ,(specify)'Letter
Signature Et
wner.or Authorize Agent
or Lhasee G. Holmes Braddock, Vice
Chairperson
Name DaIde_County Public Schools Address 1450 N.E. 2nd.Avenue; Room 525
City; ' Stele, Z•ip ' Miami; Florida' 33132 Phone 995-7288
Form 8=g3.
Zoning Inspectors Recommendation
95- 589
J
Zoning Administrator's Findings: _
Subject to all conditions and limitations of Zoning Ordinance 11000,
as amended. If appealed must fuznish full ormership disclosure.
Vice
I hereby eeitify•that I am Chairperao4 The School Board of Dade County,anldorida
I am applying f8Y a Special Class.Y, permit nd I will be subject to re-.
quirements and limitations of the City o£ ami Zoning Ordinance 11*000, as
amended.
G. Holmes raddock, Vice Chairperson
Signature ,
Before me, the undersigned authority,, authorized' to administer oaths and
take acknowledgments, personally appeared.
G. Holmea Braddock Vice Chairpersvha, after being first duly sworn ,upon
oath deposes and says that •be_is the applicant fora Special permit and
that he has made. and- read the foregoing application and that, the statements
therein contained'are true and correct.
,Signature
Swurn and subscribed to before me this 9! day of
19 5 .
Notary Public
'State of Florida at Large
Ny Commission Expire p-
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CiTY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To : Juan C. Gonzalez DATE May 11, 1995 FILE
Acting Zoning Administrator
Planning, Building and Zoning Department UBJECT: Determination Concerning Use
Not Specified: Exceptions to
Section 333.03(3)F.S.
Obstructions in MIA Clear
FROM REFERENCES Zone,Zoning Determination 95-
S7nning,
odriguez 010
Aant City Manager/Director ENCLOSURES:
/P Building and Zoning Department
Pursuant to Section 904, Determinations Concerning Uses Not Specified of
Zoning Ordinance 11000 and in response to your verbal request and the verbal
request of G. Miriam Maer, Chief Assistant City Attorney, Law Department; May
2, 1995, it is hereby determined that:
Nowhere in Zoning Ordinance 11000 or Sections 33-330 through 345 of the
Metropolitan Dade County Code is there a prohibition against the
construction of an educational facility of a public or private school
within the clear zone of Miami International Airport (MIA) as is
contained in Section 333.03(3) Florida Statues (F.S,). Height
limitations within the clear zones (runway approach paths) of MIA are
governed by Section 915.2, Zoning Ordinance 11000, which refers to
limitations established by the Miami International Airport Zoning,
Metropolitan Dade County, Florida, and states that where there is
reasonable doubt concerning aviation hazards, a Class I Special Permit
shall be required. Reference to Miami International Airport Zoning in
Section 915.2 refers to "Miami International Airport (Wilcox Field)
Zoning Ordinance" codified as Sections 33-330 through 345 in the
Metropolitan Dade County Code. This County Ordinance controls heights
under- the runway approach paths of MIA and is administered by ;this
Department in consultation with the appropriate agencies in Metropolitan
Dade County. Therefore, exceptions to Section 333.03(3)F.S.', to allow
construction of an education facility in a clear zone require political
subdivision (City of Miami) approval. Therefore, City of Miami approval
of the exception requires a Class I Special Permit, with specific
findings, after appropriate referrals to City and County agencies,
requires the recommendation of the Zoning Board and approval of the City
Commission, in advertised public hearings with notice to adjacent
property owners.
In considering whether exceptions to Section 333.03(3)F.S, should be
addressed by the Zoning Ordinance of the City of Miami, the Planning,
Building and Zoning Department has made the following findings:
1. Airport Zoning (Florida Statutes) The Buena Vista replacement
site —>f as been found to fa 11 within the regulations described in
Section 333.03 (3) F.S., which state:
• i
-1- 95- 589 '�
"(3) In the manner provided in subsection (1). airport
zoning" regulations shall be adopted which restrict new
incompatible uses, activities, or construction within runway
clear. zones which *are incompatible with normal airport
operations or endanger public health, safety, and welfare by
resulting in congregations of people, emissions of light or
smoke, or attraction of birds. Such regulations shall
prohibit the construction of an educational facility of a
public or private school at either end of a runway of a
publicly owned, public -use airport within an area which
extends 5 miles in a'direct line along the center line of the
runway, and which as a width measuring one-half the length of
the runway. Exceptions approving construction of an
educational facility within the delimited area shall only be
granted when the political subdivision administering the
zoning regulations makes specific findings detailing how thel
public policy reasons for allowing the construction outweigh'
health and safety concerns prohibiting such a location."
(emphasis and underlining added for clarity)
As the City of' Miami is the political subdivision administering
zoning regulations, the exception can be granted administratively;
the statute specifically avoids the term "variance" as is used in
other closely related sections of this Chapter 333 of the Florida
Statutes.
2. Class I Special Permit Section 915.2 Aviation Hazards, of Zoning
Ordinance 11000, states that:
11915.2. Aviation hazards. No building or other structure
(regardless of exclusions set forth at section 915.1 above)
shall be located in a manner or built to a height which
constitutes a hazard to aviation or creates hazards to persons;
or property by reason of unusual exposure to aviation hazards.;
In any area within the city, in addition to height limitations
established by this ordinance, limitations established by the
Miami International Airport Zoning, Metropolitan Dade County,
Florida, or by any ordinance amending or replacing such
ordinance, shall apply to heights of buildings, structures, or
natural vegetation.
In addition, when the zoning administrator shall find, in
relation to a particular application, that there is reasonable
doubt concerning aviation hazards with regard to a proposed use
or structure, a Class I Special Permit shall be required, with
clearance from appropriate authorities."
3. Miami International Airport Zoning Reference to Miami
International Airport Zoning in Section 915.2 refers to "Miami
International Airport (Wilcox Field) Zoning Ordinance" codified,
as Sections 33-330 through 345 in the Metropolitan Dade County
Code. This County Ordinance controls heights in the clear zone,
-2-
y
40
t
(under the runway approaches) to MIA and is administered by this
Department, consulting with the appropriate agencies in
Metropolitan Dade County.
For these reasons, it is concluded that an exception to Section333.03(3)
F.S., approving construction of an education facility of a public or
private school within the area extending five miles from the end of a
runway, in a direct line along the centerline of the runway, which has a
width measuring one-half the length of the runway, (generally one-half
mile on either side of the centerline) requires a Class I Special Permit,
making findings detailing how the public safety reasons for allowing the
construction outweigh health and safety concerns prohibiting such a
location, after appropriate referrals to City and County agencies,
requiring the recommendation of the Zoning Board —and approval of the City
Commission in advertised public hearings before which property owners►
within 375 feet of the site are notified. j
At the next opportunity, this'Department will amend the Zoning Ordinance
to provide an exception to Section 333.03(3) F.S. through a Class I
Special Permit (as described above). Until such amendment, this -
determination shall govern the regulation of this particular use.
CC: Bill Carreras
Airport Engineer
Development Division
Miami International Airport
P.O. Box 592075
Miami, Florida 33159 '
Richard L. Duley
District Aviation Specialist
District Six Planning and Programs
State of Florida Department -
of Transportation
602 So. Miami Avenue
Miami, Fl 33130
Dr. Michael A. Levine
Site Planning and Governmental Liaison
Dade County Public Schools
1450 NE 2nd Avenue, Room 525
Miami, FL 33132
Joel E. Maxwell
Deputy City Attorney
Law Department
G. Miriam Maer
Chief Assistant
City Attorney
Law Department
_ -3- 95— 589
CITY OF MIAM1, FLORIDA
i
INTER -OFFICE !MEMORANDUM
Teresita L. Fernandez May 10, 1995
TO : DATE : FILE
Hearing,Boards Office
P1 ning, Building and Zoning partment Referral of Class I Special
sueiECT: permit Application to
Zoning Board
FROM REFERENCES
`J n C. Gonzalez
ti ng Zoning Admi n i s ENCLOSURES
lannin Building a o 1n2 Depart ent
'Pursuant to Zoning Determination 95-010, May 1995, 1 am referring Ithis
application for Class .I Special Permit #95-0118 for an exception to Se tion
333.03(3) Florida Statutes specifically, approval of the Buena ista
replacement school in the Miami International Airport clear zone (runway
approach path) for a recommendation by the Zoning Board and approval by the
City Commission, in public hearing.
The Class I Special Permit application is attached, together with the mailing
list of property owners within 375' and supporting material. A check for the
hearing is to be proffered by or on June 4, 1995.
Please add a copy of the disclosure of ownership and affidavit from the Buena
Vista street closure item currently in your files, to this file.
•F4�
DADE COUNTY PUBLIC SCHOOLS .
DIVISION OF SITE PLANNING& GOVERNMENT LIAISON - 1450 N.E. 2nd Avenue, Room 525 - MIAMI, FLORIDA 33132
(305) 995-7280
Octavio J. Visledo HAND DELIVERED Dade County School Board
Superintendent of Schools Ms. Betsy H. Kaplan, Chairperson
Mr. G. Holmes Braddock, Vice -Chairperson
May 2, 1995 Dr. Rosa Castro Feinberg
Dr. Michael Krop
Ms. Janet R. McAllley
Mr. Robert Renick
Mr. Juan C. Gonzalez Ms. Frederica S. Wilson
Acting Zoning Administrator
City of Miami
275 N.W. 2nd Street
Miami, Florida 33128
Re: Former Coca Cola Bottling Plant Site
at N.W. 30th Street and 3rd Avenue
Dear Mr. Gonzalez:
As previously discussed and agreed to, I am enclosing the completed application for a Class
I Special Permit in order to initiate the process to secure a waiver of F.S. 333.03 (3). In
addition, I am providing a survey of the site, a site plan showing the planned improvements,
a fee of $100.00, a list of property owners within 375 feet of the site and a copy of the letter
of January 24, 1995 from the school district to Sergio Rodriguez. You have advised that,
upon receipt of this information, you would immediately schedule a public hearing at the
next available Zoning Board meeting. It is my understanding that this information must be
submitted to the Hearing Board office by May 5, 1995, in order to appear on the June 19,
1995 Zoning Board agenda. However, every attempt will be made by the City to bring this
item to the Zoning Board meeting of June 6, 1995.
Prior to the June Zoning Board meeting, you have indicated that City staff will review the
documents provided. If there is any other information that is needed to complete this
review, please contact me at the above telephone number.
As time is of the essence in the completion of is?process, your expeditious handling of this
issue would be appreciated.
1:
Sin rely,f
Micffael A.
Supervisor
MAL:md
L-2006
Enclosures
cc: Mr. Luis Carrasquillo
95- 589
OP
SERGIO RODRIGUEZ, AICP
Director , e uttii lien Qr
F1:�?
March 21, 1995
Dr. Kathryn Wilbur, Executive Director
Division of Site Planning & Government Liaison
Dade County Public -Schools
1444`Biscayne Boulevard, Suite 302
Miami FL 33132
Re: Replacements .Buena Vista Elementarx.School Site
NW 30th Street/NW 3rd Avenue
..Lots 1-22, 23(pt)
Block 12
Lots 8-17
Block 11
NORTHERN BOULEVARD TRACT(2-29) PRDC
s
CESAR H. ODIO
City Manager
Dear Dr. Wilbur: --
In response to your letter of January 24, 1995, (attached). inquiring on the
City Administration's position pertaining to certain questions raised in your
letter on the above referenced project, the following narrative responds:
1. Zo_ ninq The site is zoned C-2 Liberal Commercial which does not
permit primary and secondary schools (see 2 below).
2. •Comprehensive Plan The site is designated General Commercial on the
.future land use map, Miami Comprehensive Neighborhood Plan 1989-2000.
The General Commercial category specifically permits primary and
secondary schools: In the interim period of time, while we are
amending the Zoning Ordinance to correct this discrepancy, please be
advised that our long established policy, sanctioned by the Law
Department, is that the Comprehensive Plan governs, as stated in
Section 163.3194 Florida Statutes; therefore, in this instance, by
copy of this letter, I am advising the Acting Zoning Administrator of
this discrepancy and the Acting Zoning Administrator will authorize
Zoning approval on an application for building permit. Even though
School Board facilities do not require building permits, -it is clear
that, administratively, the site is approved.
3. Airport Zoning (Florida Statutes) According to your documentation,
the Santa Clara site has been found to fall within the regulations
described in Section 333.03 (3) F.S., which state:
s..
Page 1 of. 4 589
/3
,fkk�"'6�;+
"(3) In the manner provided in subsection (1). airport
zoning regulations shall be adopted which restrict new
incompatible uses, activities, or construction within
runway clear zones, including uses, activities, or
construction in runway clear zones which are incompatible
with normal airport operations or endanger public health,
safety, and welfare by resulting in congregations of
people, emissions of light or smoke, or attraction of
birds. Such regulations shall prohibit -the construction
of an educational -facility of .a. public or private school
at either end of a runway.of a publicly owned, public -use
airport within an- area which extends 5 miles in a direct
line -along the center. line of -the. runway., -and which has a '
width measuring -one-half 'the - length :of the runway.
-Exce ions approving construction .of 'an educatfonal
Taci.lity within- the deiirr#Lted'-area shall: only be granted
wkdfi Aft political subdivision administering the zoning
regulations maces specific windings, detailing _how the
Public policy- reasons - for ' allowing ..the construction
outweigh health and safety concerns prohibiting such a
locationo"
(emphasis and underlining added for clarity)..__
As the City .-of Miami • .is the political -'subdivision - administering
zoning regulations, the exception can be -granted administratively;
the statute: specifically avoids the term "variance" as is used in
other closely .related sections of. this Chapter. 333 of the Florida
Statutes.
4. Class I Special Permit.Section 915.2 Aviation Hazards, of Zoning
Ordinance 11000, states that:
"915.2.- Aviation hazards. No building -or other structure
(regardless of exclusions -set forth at section 915..1
above) steal 1 -be 1 ocated i n a manner .or bui l t to. a hei ght
which constitutes a hazard to aviation or creates hazards
to persons or property by reason of unusual exposure to
aviation hazards. In any area within the city, in
addition to height limitations established by this
ordinance, limitations established by the Miami
International Airport Zoning, Metropolitan Dade County,
Florida, or by any ordinance amending or replacing such
ordinance, shall. apply to heights -of buildings,
structures, or natural.vegetation.
In addition, when the zoning administrator shall find, in
relation to - a _particular application, that there is
reasonable doubt concerning aviation hazards with regard
to a proposed use or structure, a Class I Special Permit
shall be required, with. clearance from appropriate
authorities."
3 589
y
Juan C. Gonzalez, Acting Zoning Administrator, has received -your
application for an excepption from Section 333.03(3), Florida
Statutes. Please assist him by sending him a draft of "specific
findings detailing how the public policy reasons for allowing the
construction outweigh health, and.safety concerns prohibiting such a,
location." He will make referrals to appropriate state and county
staff for their recommendations. Property owners immediately
abutting the site will be notified of his intention and -he will then
consider granting a Class -I Special Permit administratively per
Section 915.2.
My present thinking is that the Class I Special Permit, if and when
issued, should require the recommendation of the Zoning Board and
approval of the City Commission in. -advertised public hearings which
would. require property owners within 375 feet of the site to. be�
not i f i eii. _.
5. Miami International Air ort Zonin
Reference to-Mia-mi International -Airport Zoning -in Section 915.2 (see
4 above) refers. to "Miami International Airport (Wilcox Field) Zoning
Ordinance"._. codified as Sections 33-330 through 345 in .the
Metropolitan Dade County Code. This County ordinance contrails heights
under. the approachesiAo..MIA and is administered by this. Department,
consulting with the appropriate agencies 'in Metropolitan Dade County.
I believe all your questions have been answered. Please apply to Juan C.
Gonzalez, Acting Zoning Administrator, for the Class .I Special -Permit for the
exception to 'Section 333.03 (3 F.5. and supply a list of a.) directly
abutting property owners and b.) all property owners with 375 feet of the
boundaries of the site (legal description and mailing labels)(? sets). As you
and your staff have actively sought, and received the -cooperation of citizens
groups in the Wynwood/Edgewater service area, please supply a list (addresses)
of these groups, for mailing list purposes.
Fees will be charged for the Class I Special Permit and for hearings of the
Zoning Board and City Commission, which are all either zoning permits or
zoning hearings.
A City Impact Fee will be charged at the conclusion of this process at what
would ordinarily be the time'for issuing the building' permit as the School
Board is exempt from municipal building permits. Please advise if this is not
your understanding.
I- intend to forward a recommendation to the City Commission pertaining to the
institution/adjustment of zoning hearing fees and building permit fees, which
will include a separate charge for a hearing for exceptions to Chapter 333,
Florida Statutes. This revised fee schedule will probably be introduced in
May and take effect sometime following June 1, 1995.
95— 589 ,�7
Please call Joseph W. McManus, Deputy Director, if there, are any further
questions.
Sincere y,
r i Rodriguez'# AICP
'Attachment
cc: Bill.Carreras
Airport, Engineer
Development 'Division
Miami .International'Airport ~-
P.O. Box'599075 4
Miami ,. . 'FL 53159
Richard L.:Duley
District Aviation Specialist
District-S.ix Pianning'and Programs _
State.of Florida Department of Transportation _
602 So. Miami Avenue - -
Miami, -FL 33130
Juan • C. - Gonzalez
Acting Zoning.Administrator
Joel E. Maxwell -
Deputy City Attorney
Law Department
Luis Carrasquillo
NET Administrator
Wynwood/Edgewater Service Center
SR/sa
589
rv,N
BL
WDADE COUNTY''PU C SCHOOLS
DIVISION OF SITE PLANNING & GOVERNMENT LIAISON -1444 BISCAYNE BLV . gW T 3Q • P�11AM1, FLORIDA 33132
(305)995-7280 �I �,�A �lti ��� OFFiCF
Octavio J. Visledo 95 JAN MOM School Board
Superintendent of -Schools 'Ms. Betsy H. Ian, Chairperson
3anuaty 24, 1995 Mr. B: Holmes Braddock, Vice -Chairperson
Dr. Rosa Castro Feinberg
Dr. Michael Krop
Cloy Of MiamiMs. Janet R. McAuley
Mr. Robert Renick
Mr. Sergio Rodriguez Ms. Frederica S. Wilson
Assistant !C'ity'*anager
35.00 Paai =At>teiic�uiZA46
Miaiai,: •�lorida 33133
• n _ "t?'•
Re: Uis 4firough 2 , aess a fisting area .of �eurve in so utiieastrcorner of -Lot b Block: .
1.2, '-NORTHEW `BOgJI: '' ARD.19AM�gnd Lots '8 through 17, •Block �11;
NOR`IHERN BOU19VARD'!VAG'T,.:all as•.ft&rded in Plat Book-2, Page 29 of the
Public-Ricoirds-f'Dad�e.County, Florida. -
Dear Mr.- Rodriguez:
Aspreviously .discussed, ihe.School Board �b S.,acquired the form6rCom Cola bottling plant
site at N:W. 30t1i :Street and Nn'G�1: 3rd Avenue for the purpose�of,constiiie ft a eplacenient
facility for :Dtxena Vista Elementary chool . (see Exhibit "A"), The' istrict has i.ni6ted a
replatting'of the..' thepf cosing -ad. vacating N.W. 3rd Avenue. and thepo
tentamve plat:(#1469).was approved by. the PlAt.,& Street Committee on De6einber-8,1994.
In addition, "City'staff '•lias`.comifiimed that the existing zoning is compatible for the
construction and operation of the school
The only remaining regulatory issue requiring review by-the'City of Miami at this time deals
with the recent implementation .of an airport exclusion zone, as defined under F.S.333.03
(see Exhibit "B"). Pursuant to statute, the district is .unable to construct anew school within
certain distances from airport" runways. However, the statute, Iprovides that the political
subdivision administering the zoning regulations, in this case the City, may grant an
exception to. allow•such construction. Therefore, the school district is formally requesting
the granting of such an exception for the following reasons:
1) The district has the right under the statute to expand the existing )Buena Vista
Elementary School without the need to secure an exception from the City.
The acquisition of sufficient property to expand the school would, however,
impact 21 individual residential parcels on which 13 houses, 5 duplexes and
3 multi -family structures (14 units) are situated (see Exhibit "C" ).
2)
Local civic and church leaders, the NET administrator, as well as the parents
of the children who will be attending the new facility, are in support of the
location of -the school: - -As a matter of fact, the availability of the subject
property was made known to the school district by community leaders who
17
95- 589
offered it as a viable and prefered alternative to the loss of homes.
3) The subject property is approximately 1000 feet from the existing elementary
school site. Since the statute would allow the -district to.:expand,the .eidsting
sites - I beli6v6 ftire'- -.would . be no increase in the siadstical probability of an
aviation -r,6lAtedacdd6nt..;6t, the proposed' locati6ri-I(see-I HO$101
i . 6dW-'..dat'a' `ftei -eitemi' review 6 -.,,availabld .1isti by:!
4) A ve cif
ATEC/ '�Yj a -dite that
G]k A, prlvate.�n&66rin cOnsultant, it
g
the. vast majority -.df.-iirpa�rt.ieiiidd-incidents- take,.plac6ab Ah6 -'airport- itself o -
orwith!n'3i4:of a mile'.froni-the end,ofa m4way.1-1-h�-disiifii�6bf-the subject.
runway. `� indicates onlyproperty.hbiii'06 end -01'f -A(appibximately 4 �i./Z iOds)
a I reMOte, possibility -"Oi;*L,n-:.a related - accident impacting 'the 'agite, (see
Exhibit V)-:
5) meeting''!'he School Boards at fits -of.Taqqary5-.,.1 994,, determined .,ihai.locating
site would best nerve the ucational
needs of -the %comm4filty, -while providing the--'-idded -,,advititi& of not
impacting r6sidenti.d..'Oro drd,
pe: Ps..
6) Use. -of the -subject; site will, provide the neighborhood mith.anew,, state of the
art elementary school to relieve the severe overcrowding conditions now being
experienced, -without the .loss of residential property or. displacement of
families.
Tlease advise what further information or clarification will be required of the -school district
in order for the city to. consider granting the necessary exception fora school to be
constructed on the subject site.
Ibank you for your cooperation in this matter.
KW. -at
K-968
Enclosures
Sincerely,
eat�, 41ab§�,
Kathryn Wilbur
Executive Director
- - . " , - . - 95- 589
W&R,
EXHIBIT "A"
95- 589 19
VIISS Fri
Q ' CHAPTER 333
AIRPORT ZONING
333.01
Definitions.
333.02
Airport hazards contrary to public interest.
333.025
Permit required for structures exceeding
federal obstruction standards.
333.03
Power to adopt airport zoning regulations.
333.031
Airport Safety and Land Use Compatibility
Study Commission (section deleted 7/1/93)
333.04
Comprehensive zoning regulations; most
stringent to prevail where conflicts occur.
333.05
Procedure for adoption of zoning regulations.
333.06
Airport zoning requirements.
333.065
Guidelines regarding land use near airports.
333.07
Permits and variances.
333.08
Appeals.
333.09
Administration of airport zoning regulations.
333.10
Board of adjustment.
333.11
Judicial review.
333.12
Acquisition of air rights.
333.13
Enforcement and remedies.
333.14
Short title.
333.01 Definitions. -For the purpose of this chapter,
the following words, terms, and phrases shall have the
meanings herein given, unless otherwise specifically
defined, or unless another intention clearly appears, or
the context otherwise requires:
(1) "Aeronautics" means transportation by aircraft;
the operation, construction, repair, or maintenance of
aircraft, aircraft power plants and accessories, including
the repair, packing, and maintenance of parachutes; the
design, establishment, construction, extension, operation,
improvement, repair, or maintenance of airports, restricted
landing areas, or other air navigation facilities, and air
instruction.
(2) "Airport" means any area of land or water de- .
signed and set aside for the landing and taking off of air-
craft and utilized or to be utilized in the interest of the
public for such purpose.
(3) "Airport hazard" means any structure or tree or
use of land which would exceed the federal obstruction
standards as contained In 14 C.F.R. ss. 7721, 77.23, :
77.25, 77.28, and 77.29_and which obstructs the airspace
required for the flight of aircraft in taking off, maneuvering,
or landing or is otherwise hazardous to such taking off,
maneuvering, of landing of aircraft and 'for which 'no
person has 2previously obtained a permit or variance
pursuant to s. 333.025 or s. 333.07.
Effective: July 1, 1993
(4) `Airport hazard area" means any area of land or
water upon which an airport hazard might be established
0 not prevented as provided in this chapter.
(5) "Airport land use compatibility zoning" means
airport zoning regulations restricting the use of land
adjacent to or in the immediate vicinity of airports in the
manner enumerated 4n-s. 333.03(2) to activities and
purposes compatible with the'mntinuation of normal
airport operations including, landing and 'akkeooff of aircraft
in order to promote public health, safety, and general
welfare. _
(6) "Airport layout plan" means a drilled, scale en-
gineering drawing, including pertinent-dinsions, of an
airport's current and planned facilities, their locations, and
runway usage.
(7) "Obstruction" means any existing or proposed
manmade object or object of natural growth or terrain that
violates the standards contained in 14 C.F.R. ss. 77.21,
77.23, 77.25, 77.28, and 77.29.
(8) "Person" means any individual, firm, copartner-
ship, corporation, company, association, joint-stock.as-
sociation, or body politic, and includes any trustee, re-
ceiver, assignee, or other similar representative thereof.
(9) "Political subdivision" means any county, city,
town, village, or other subdivision or agency thereof, or
any district, port commission, port authority, or other such
agency authorized to establish or operate airports in the
state.
(10) "Runway dear zone" means a runway clear zone
as defined in 14 C.F.R. Part 151.9(b).
(11) 'Structure" means any object, constructed or in-
stalled by man, including, but without Gmit'pition thereof,
buildings, towers, smokestacks, utility poles, and over-
head transmission lines.
(12) 'Tree" includes any plant of the vegetable
kingdom.
Histories. 1, ch. 23079. 1e45; s. 4 ch. 75-16; s. 1. ch. 68-M.
'NoULM* words -ton" and "no parsm* were inserted by the
editors.
'Note. -The word'W preceding the word: -previously` was deleted
by the editors.
. 333.02 Airport hazards and uses of land in airport
vicinities contrary to public interesL-
(1) It is hereby found that an airport hazard
endangers the lives and property of users of the airport
and of occupants of land in its vicinity and also, if of the
obstruction type, in effect reduces the size of the area
EXHIBIT 111311
95- 589
tiiA,%ytr� A�t
available for the taking off, maneuvering, or landing of
aircraft, thus tending to destroy or impair the utility of the
airport and the public investment therein. it is further
found that certain activities and usesofJand in the
Immediate vicinity of airports as enumerated in s.
333.03(2) are not compatible with normal airport .
operations, and may, it not regulated, also endanger the
lives of the participants, adversely affect their health, or
otherwise limit the accomplishment of normal activities.
Accordingly, it is hereby declared:
(a) That the creation. or establishment of an airport
hazard and the incompatible use of land in airport
vicinities are public nuisances and injure the community
served by the airport in question;
(b) That it Is therefore necessary in the interest of the
public health, public safety, and general welfare that the
creation or establishment of airport hazards and
incompatible land uses be prevented; and
(c) That this should be accomplished, to the extent
legally possible, by the exercise of the police power,
without compensation.
(2) It is further declared that the limitation of land
uses incompatible with normal airport operations, the
prevention of the creation or establishment of airport
hazards, and the elimination, removal, alteration,
mitigation, or marking and fighting of existing airport
hazards are public purposes for which political subdivi-
sions may raise and expend public funds and acquire
land or property interests therein, or air rights thereover.
History.-s. 2, ch. 23079, 1945; s. 2, ch. 88-356. s. 71. ch. 90-136.
333.025 Permit required for structures
exceeding federal obstruction standards.-
(1) In order to prevent the erection of structures dan-
gerous to air navigation, subject to the provisions of sub-
sections (2), (3), and (4), each person shall secure from.
the Department of Transportation a permit for the erec-.
tion, alteration, or modification of any structure the result
of which would exceed the federal obstnxKion standards
as contained in 14. C.F.R. ss 7721, 77.23, 77.25, 77.28,
and 77.29. However, permits from the Department of
Transportation will be required only within an airport
hazard area where federal standards are exceeded and d
the proposed construction is mithin a 10-nautical-mile
radius of the geographical center of a publicly owned or
operated airport, a military airport, or an airport licensed
by the state for public use.
(2) Affected airports will be considered as having
those facilities which are shown on the airport's master
plan, or an airport layout plan submitted to the Federal
Aviation Administration Airport District Office or compa-
rable military documents, and will be so protected.
2
Planned or proposed public -use airports which are the
subject of a notice or proposal submitted to the Federal
Aviation Administration or the Department of
Transportation shall also be protected.
(3) Permit requirements of subsection (1) shall not
apply to projects which received construction permits from
the Federal Communications Commission for structures
exceeding federal obstruction standards prior to May 20,
1975, provided such structures now exist; nor shall it
apply to previously approved structures now existing, or
any necessary replacement or repairs to such existing
structures, so long as the height and location is
unchanged.
(4) When political subdivisions have adopted ade-
quate airspace protection In compliance with s. 333.03,
and such regulations are on filevith the Department of
Transportation, a permit for such structure shall not be
required from the Department of Transportation.
(5) The Department of Transportation !shall, within 30
days of the receipt of an application for a permit, issue or
deny a permit for the erection, alteration, or modification
of any structure the result of which would exceed federal
obstruction standards as contained in 14 C.F.R. ss. 77.21,
77.23, 77.25. 77.28, and 77.29.
(6) In determining whether to issue or deny a pem'ut,
the department shall consider:
(a) The nature of the terrain and height of existing
structures.
(b) Public and private interests and investments.
(c) The character of flying operations and planned
developments of airports.
(d) Federal airways as designated by the Federal
Aviation Administration.
(e) Whether the construction of the proposed struc-
ture would cause an increase in the minimum descent
altitude or the decision height at the affected airport.
(Q Technological advances.
(g) The safety of persons on the groudd and In the
air.
(h) Land use density.
(i)' The safe and efficient use of navigable airspace.
(j) The cumulative effects on navigable airspace of
all existing: structures, proposed structures identified in the
applicable jurisdictions' comprehensive plans, and all
other known proposed strictures in the area.
(7) When issuing a permit under this section, the
Department of Transportation shall, as a specific conditior
of such permit, require the obstruction marking and
lighting of the permitted structure as provided in s.
333.07(3)(b).
(8) The Department of Transportation shall not
approve a permit for the erection of a structure unless the
applicant submits both documentation showing
95- 589 Z 1
*1S t
compliance with the federal requirement for notification of
proposed construction and a valid aeronautical evaluation,
and no permit shall be approved solely on the basis that
such proposed structure will not exceed federal
obstruction standards as contained in 14 C.F.R. ss. 77.21,
77.23, 77.25, 77.28, and 77.29, or any other federal
aviation regulation.
Historyes. 3, ch. 75-16; s. 3, ch. 88.356, s. 7, ch 92-152.
333.03 Power to adopt airport zoning regulations.
(1)(a) In order to prevent the creation or
establishment of airport hazards, every political
subdivision having an airport hazard area within its
territorial limits shall, by October 1, 1977, adopt,
administer, and enforce, under the police power and in
the manner and upon the conditions hereinafter
prescribed, airport zoning regulations for such airport
hazard area.
(b) Where an airport is owned or controlled by a
political subdivision and any airport hazard area
appertaining to such airport is located wholly or partly out-
side the territorial limits of said political subdivision, the
political subdivision owning or controlling the airport and
the political subdivision within which the airport hazard
area is located, shall either.
1. By interlocal agreement, in accordance with the
provisions of chapter 163, adopt, administer, and enforce
airport zoning regulations applicable to the airport hazard
area In question; or
2. By ordinance or resolution duly adopted, create a
joint airport zoning board, which board shall have the
same power to adopt, administer, and enforce airport
zoning regulations applicable to the airport hazard area In
question as that vested in paragraph (a) in the political
subdivision within which such area is located. Each
such joint:board shall have as members two representa
tives appointed by each political subdivisiortparticipating
in its creation and in addition a chairman elected by a
majority of the members so appointed. However, the
airport manager or managers of the affected political
subdivisions shall serve on the board in a nonvoting
capacity.
(c) Airport zoning regulations adopted under
paragraph (a) shalt, as a minimum, require:
1. A variance for the erection, alteration, or
modification of any structure which would cause the
structure to exceed the federal obstruction standards as
contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and
77.29. A
2. Obstrucii6A marking and lighting for structures as
specified in s. 333.07(3);
?3.
3
3. Documentation showing compliance with the
federal requirement for notification of proposed
construction and a valid aeronautical evaluation submitted
by each person applying for a variance;
4. Consideration of the criteria In s. 333.025(6),
when determining whether to Issue or deny a variance;
and
5. That no variance shall be approved solely on the
basis that such proposed structure will not exceed federal
obstruction standards as contained in 14 C.F.R. ss. 77.21,
77.23, 77.25, 77.28, and 77.29, or any other federal
aviation regulation.
(d) The department shall issue copies of the federal
obstruction standards as contained in 14 C.F.R. ss. 7-,.21,
77.23, 77.25, 77.28, and 77.29 to each political
subdivision having airport hazard areas and, in
cooperation with political subdivisions, shall issue
appropriate airport zoning maps depicting',within each
county the maximum allowable height of any stwure or
tree. Material distributed. pursuant to this subsection shall
be at no cost to authorized recipients.
(2) In the manner provided in subsection (1), interim
airport land use compatibility zoning regulations shall be
adopted. When political subdivisions have adopted land
development regulations in accordance with the
provisions of chapter 163 which address the use of land
In the manner consistent with the provisions herein,
adoption of airport land use compatibility regulations
pursuant to this subsection shall not be required, Interim
airport land use compatibility zoning regulations shall
consider the following:
(a) Whether sanitary landfills are located within the
following areas:
. 1. Within 10,000 feet from the nearest point of any
runway used or planned to be used by turbojet or turbo
prop aircraft,
2. Within 5,000 feet from the nearese`•p61rd of any
runway used only by piston type aircraft;
3. Outside the perimeters defined to subparagraphs
1. and 2., but still within the lateral limits of the dW airport
Imaginary surfaces defined In 14 C.F.R. Part 7725.
Case -by -case review of such landfills is advised
(b) Whether any landfill is located and constructed so
that it attracts or sustains hazardous bird movements from
feeding, water, or roosting areas into, or across, the
runways or approach and departure pattems of aircraft.
The political subdivision shall request from the airport
authority or other governing body operating the airport a
report on such bird feeding or roosting, areas that at the
time of the request are known to the airport. In preparing,
its report, the authority, or other governing body, shall
consider whether the landfill will incorporate bird
management techniques or other practices to minimize
95" 589
bird hazards to airborne aircraft. The airport authority or
other governing body shall respond to the political
subdivision no later than 30 days after receipt of such
request. - - -
(c) Where an airport authority or other governing
body operating apublicly owned, public -use airport has
conducted a noise study in accordance with the provisions
of 14 C.F.R. Part 150, neither residential construction nor
any educational facility as defined in chapter 235 shall be
permitted within the area contiguous to the airport defined
`_,y an outer noise contour that is considered incompatible
,vith that type of construction by 14 C.F.R. Part 150,
Appendix A or an equivalent noise level as established by
ether types of noise studies.
(d) Where an airport authority or other governing,
,ody operating a publicly owned, public -use airport has
ro; conducted a noise study, neither residential
-0nstruction nor any educational facility as defined in
hapter 235 shall be permitted within an area contiguous
o the airport measuring, one-half the length of the longest
unway on either side of and at the end of each runway
enterline:
(3) In the manner provided in subsection (1).:airport
-oning regulations shall be adopted which restrict new
noompatible uses, activities, or construction within runway
-tear zones, including uses, activities, or construction in
unway clear zones which are incompatible with normal
=irport operations or endanger public health, safety, and
�:elfare by resulting in congregations of people, emissions
4 light or smoke, or attraction of birds. Such regulations
.hall prohibit the construction of an educatlor9al facility of
public or private school at either end of a runway of a
,ubliically owned, public -use airport within an area which
xtends 5 miles in a direct line along the centerline of the
unway; and which has a width measuring one -halt the
>ngth of the runway. Exceptions approving construction
4 an educational facility within the delimited area shall
,nly be granted when the political subdivision
administering the zonirg regulations makes specific
indings detailing how the public policy reasons for
.flowing the construction outweigh health and safety
*ncems prohibiting' such a location.
(4) The procedures outlined in subsections (1), (2),
-nd (3) for the adoption of such regulations are
-upplemental to any existing procedures utilized by
➢olitical subdivisions in the adoption of'such regulations.
(5) ; The Department of Transportation shall provide
eChnical assistance to -any political subdivision requesting
=ssistance in the preparation of an airport zoning code. A
,opy of all locaLairport zoning codes, rules, and
egulations and��a&ndments and proposed and granted
-ariances thereto, shall be filed with the department.
4
(6) Nothing in subsections (2) or (3) shall be
construed to require the removal, alteration, sound
conditioning, or other change, or to interfere with the
continued use or adjacent expansion of any educational
structure or site in existence on July 1, 1993, or be
construed to prohibit the construction of any new structure
for which a site has been determined as provided in s.
235.19 as of July 1, 1993.
History.-s. 3, ch. 230709. 1945; s. 4, ch. 75-16; s.4, ch. 90-136, s
8, ch 92-152. s. 10, ch. 93.164.
'333.031 Airpeb-Safety and Land Use
Compatiblifty Study CommlMdn.-
(1) There is hereby created an independent
commission, designated as the Airport Safety and Land
Use Compatibility Study Commission. The commission
shall consist of nine members: one member appolfi ed by
the President of the Senate; one member �ppolnted by
the Speaker of the House of Representatives; the secre-
tary of the Department of Transportation or his designee;
the secretary of the Department of Community Affairs or
his designee; the secretary of the 'Department of -
Environmental Regulation or his designee; one elected
official of a municipality appointed by the Florida League
of Cities or his designee; one elected official of a county
government appointed by the Florida Association of .
Counties or his designee; and two airport managers
appointed by the Florida Airport Managers_ Association.
(2) The chairman of the commission shall be elected
from among the commission members. The commission
is assigned to the Department of Transportation for
administrative purposes only. The department shall
provide staff and technical assistance to the commission.
The commission shall meet as soon as possible after the
effective date of this act, and may elect a vice chairman
and such other officers as may be deemed necessary by
the commission.. s
(3) Commission members shall seryq without•
compensation but shall be reimbursed for all expenses
necessary In the performance of their duties,. including
travel, in accordance with the provisions of s. 112.061.
(4) The commission shall hold at least three regular
meetings and shall conduct at least three public hearings
during the year to consider the impact of land use around
publicly owned, public -use airports on the safety and
capacity of such airports and the health, safety, and
welfare of persons located in the vicinity of such airports,
to assess the effectiveness of local comprehensive plans
and land use reputations prepared pursuant to the
provisions of chapter 163 in preserving the safety and
capacity of publicly owned, public -use airports and in
preserving the health, safety, and welfare of persons
95- 589 "`3
w
4.4, rtfi
located in the vicinity of such airports, and to determine
the role the state should assume, If any, in regulating larld
use around publicly owned, public -use airports for airport
preservation and public health, safety, and welfare. The
commission may also hear testimony from experts In the
field of aviation and land use planning and from officials
representing the federal government and other state and
local agencies.
(5) No later than March 1, 1991, the commission
shall submit a report of its findings and recommendations
to the Governor, the President of the Senate, and the
Speaker of the House of Representatives. The report
shall include, at a minimum, an assessment of any United
States Federal Aviation Administration findings relating to
the impact of lands used around publicly owned,
public -use airports on the safety and capacity of such
airports, and on persons working and living around the
airport, the effectiveness of adopted local comprehensive
plans and land use regulations prepared pursuant to
chapter 163 in preserving the safety and capacity of such
airports, recommendations to improve the local
comprehensive planning process or other measures
necessary to ensure that land use planning around
publicly owned, public -use airports preserves the safety -
and capacity of such airports and protects persons living
and working in the vicinity of the air ports, and the role
the state should assume, lf any, in regulating land use
around publicly owned, public -use airports for airport
preservation and public health safety, and welfare.
(6) Subsequent to submission of the 1991 report to
the Governor and Legislature, the commission shall
assess the effectiveness of and make any appropriate
modifications to the 1991 report recommendations, and
provide a final report to the Governor, the President of the
Senate, the Speaker of the House of Representatives, the
Senate Minority Leader, and the House Minority Leader
by July 1, 1993.
Historps. 73. ch. 90-136; S. 27. ch. W227, S. 11. ch 92-152.
'Note. -Repealed offectave July 1, 1993, by a. 11. ch. 92-152
'Note. -Sedan 3, ch. 93.213, transferred as exiadng WgW
authorities and actions of the Departmmm of Environmental Regulation
and the Department of Natural Resmmes to the Department of
Environmental Protection.
333.04 Comprehensive zoning regulations; most
stringent to prevail where conflicts occur:
(1)` INCORPORATION. -In the event that a political
subdivision has adopted, or hereafter adopts, a compne••
hensive zoning ordinance regulating, among other things,
the height of buildings, structures, and natural objects,
and uses of property, any airport zoning regulations
applicable to the same area or portion thereof may be
Incorporated in and made a part of such comprehensive
zoning regulations, and be administered and enforced in
connection therewith.
(2) CONFLICT. -In the event of conflict between any
airport zoning regulations adopted under this chapter and -
any other regulations applicable to the same area,
whether the conflict be with respect to the height of
structures or trees, the use of land, or any other matter,
and whether such regulations were adopted by the
political subdivision which adopted the airport zoning
regulations or by some other political subdivision, the.
more stringent limitation or requirement shall govern and
prevail.
History.-s. 4, ch. 23079, 1945.
333.05 Procedure for adoption of zoning regula-
tions.
(1) NOTICE AND HEARING. -No airport zoning reg-
ulations shall be adopted, amended, or (hanged under
this chapter except by action of the Iegigative body of the
political subdivision in question, or the joint board
provided in s. 333.03(2Z by. the bodies therein provided
and set forth, after a public hearing in relation thereto, at
which parties In interest and citizens shall have an op-
portunity to be heard. At least 15 days' notice of hearing
shall be published in an official paper, or a paper of gen-
eral circulation, in the political subdivision or subdivisions
In which- are located the airport hazard area to be zoned.
(2) AIRPORT ZONING COMMISSION: Prior to the
Initial zoning of any airport area under this chapter the
political subdivision or joint airport zoning board which is
to adopt the regulations shall appoint a commission, to be
known as the airport zoning commission, to recommend
the boundaries of the various zones to be established and
the regulations to be adopted therefor. Such commission
shall make a preliminary report and hold public hearings
thereon before submitting its final report, and the
legislative body of the political subdivision or the joint
airport zoning board shall not hold its pubic hearings or
take any action until it has received the`final report of
such commission, and at least 15 days shall elapse
between the receipt of the final report of the commission
and the hearing to be held by the latter board. Where a
city plan commission -or comprehensive zoning
commission already exists, 4 may be appointed as the
airport zoning commission.
History. -a. 5, ch. 23079, 1945; a. 74. oh. 80-136, s. 23. ch. 90-279.
333.06 Airport zoning requirements.-
(1) REASONABLENESS. -All airport zoning
regulations adopted under this chapter shall be
reasonable and none shall impose any requirement or
restriction which is not reasonably necessary to effectuate
the purposes of this chapter. In determining what
95-589
.regulations It may adopt, each political subdivision and
pint airport zoning board shall consider, among other
things, the character of the flying operations expected to
be conducted at the airport, the nature -of the terrain
within the airport hazard area and i ii y clear zones,
the character of the neighborhood, the uses to which the
property to be zoned is put and adaptable, and the impact
of any, new. use, activity, or construction on the airport's
operating capability and capacity.
(2) INDEPENDENT JUSTIFICATION. -The purpose of
all airport zoning regulations adopted under this chapter Is
to provide both airspace protection -and land use
compatible with airport operations. Each aspect of this
purpose requires independent justification in order to
promote the public interest in safety, health, and general
welfare. Specifically, construction in a runway dear zone
I hich does not exceed airspace height restrictions Is not
evidence per se that such use, activity, or construction is
compatible with airport operations.
(3) NONCONFORMiING USES. -No airport zoning
regulations adopted under this chapter shall require the
removal, lowering, or other change or alteration of any
structure or tree not conforming to the regulations When
adopted or amended, or otherwise interfere with the
continuance of any nonconforming use, except as pro-
vided in s. 333.07(1) and (3).
Historps. 6, ch. 23079, IM.
333.065 Guidelines regarding land use near
airports: The Department of Transportation, after
consultation with the Department of Community Affairs,
local governments, and other interested persons, shall
adopt by rule recommended guidelines regarding
compatible land uses in the vicinity of airports. These
guidelines shall utilize acceptable and established
quantitative measures, such as the Air Installation
Compatible Use Zone standards, the Florida Statutes, and
applicable Federal Aviation Administration documents.
History.-s. 49, ch. 23-206.
333.07 Permits and variances.-
(1) PERMITS.
(a) Any airport zoning regulations adopted under this
chapter may require that a permit be obtained before any
new structure or use may be constructed or established
and before any. existing use or structure may be
substantially changed or substantially altered or repaired.
In any event, however, all such regulations shall provide.
that before any.. nonconforming'structure or tree may be
replaced, substantially altered or repaired, rebuilt, allowed
to grow higher, or replanted, a permit must be secured
from the administrative agency authorized to administer
11
and enforce the regulations, authorizing such
replacement, change, or repair. No permit shall be
granted that would allow the establishment or creation of
an airport hazard or would permit a nonconforming
structure or tree or nonconforming use to be made or be-
come higher or to become a greater hazard to air naviga-
tion than it was when the applicable regulation was
adopted or than it is when the application for a permit is
made.
(b) Whenever the administrative agency determines
that a nonconforming use or nonconforming structure or
tree has been abandoned or is more than 80 percent tom
down, destroyed, deteriorated, or decayed, no permit shall
be granted that would allow said structure or tree to
exceed the applicable height limlt or otherwise deviate
from the zoning regulations; and, whether application is
made for a permit under this subsection or not, the said
agency may by appropriate action, compel the owner of
the nonconforming structure or tree, at hisdwn expense,
to lower, remove, reconstruct, or equip such object as
may be necessary to conform to the regulations. if the
owner of the nonconforming structure or tree shall neglect
or refuse to comply with such order for 10 days after
notice thereof, the said agency may report the violation to
the political subdivision involved therein, which
subdivision, through its appropriate agency, may proceed
to have the object so lowered, removed, reconstructed, or
equipped, and assess the cost and expense thereof upon
the object or the land whereon it is or was located, and,
unless such an assessment is paid within 90 days from
the service of notice thereof on the owner or his agent, of
such object or land, the sum shall be a lien on said land,
and shall bear interest thereafter at the rate of 6 percent
per annum until paid, and shall be collected in the same
manner as taxes on real property are collected by said
political subdivision, or, at the option of said politics1
subdivision, said lien may be enforced In the manner
provided for enforcement of liens by chaptei!85.
(c) Except as provided herein, applications for per-
mits shall be granted, provided the matter applied for
meets the provisions of this chapter and the regulations
adopted and in force hereunder.
(2) VARIANCES:
(a) Any person desiring to erect any structure, in-
crease the height of any structure, permit the growth of
any tree, or otherwise use his property in violation of the
airport zoning regulations adopted under this chapter or
any land development regulation adopted pursuant to the
provisions of chapter 163 pertaining to airport land use
compatibility, may apply to the board of adjustment for a
variance from the zoning regulations in question. At the
time of filing the application, the applicant shall forward to
the department by certified mail, return receipt requested,
9 89
2�
a copy of the application. The department shall have 45
days from receipt of the application to comment and to
provide Hiscommentsor waiver of that right to the
applicant and the board of adjustment The department
shall include its explanation for any objections stated in its
comments. If the department fails to provide its com-
ments within 45 days of recelpt of the application, its right
to commends waived. The board of adjustment may
proceed with its consideration of the application only upon
the receipt of the department's comments or waiver of
that right as demonstrated by the filing of a copy of the
return" receipt with the board. Noncompliance with this
section shall be grounds to appeal pursuant to s. 333.08
and to apply for judicial relief pursuant to s. 333.11. Such
variances may only be allowed where a literal application
or enforcement of the regulations would result in practical
difficulty or unnecessary hardship and where the relief
granted would not be contrary to the public interest but
would do substantial justice and be in accordance with
the spirit of the regulations and this chapter. However,
any variance may be allowed subject to any reasonable
conditions that the board of adjustment may deem
necessary to effectuate the purposes of this chapter.
(b) The Department of Transportation shall have the
authority to appeal any variance granted under this
chapter pursuant to s. 333.08, and to apply for judicial
relief pursuant to s. 333.11. -
(3) OBSTRUCTION MARKING AND LIGHTING. -
(a) In granting any permit or variance under this sec-
tion, the administrative agency or board of adjustment
shall require the owner of the structure or tree in question
to install, operate, and maintain thereon, at his own
expense, such marking and lighting as may be necessary
to indicate to aircraft pilots the presence of an obstruction.
(b) Such marking and lighting shall conform to the
specific standards established by rule by the Department
of Transportation.
(c) Existing structures not in compliance on October
1, 1988, shall be required to comply"whenever the exist-
ing marking requires refurbishment, whenever the existing
lighting requires replacement, or within 5 years of October
1, 1988, whichever occurs first.
History.-s. 7. ch. 23079. 1945; s. 5, ch. 88356; s. 76. ch. 90-136.
333.08 Appeals.-
(1) Any person aggrieved, or taxpayer affected, by
any decision of an administrative agency made in its ad-
ministration of airport zoning regulations adopted under
this chapter; or any governing body of a political subdivi-
sion, or the Department of Transportation, or any joint
airport zoning board, which is of the opinion that a deci-
sion of such an administrative agency is an improper ap-
7
plication of airport zoning regulations of concern to such
governing body or board, may appeal 10 the board of ad-
justment authorized to hear and decide appeals from the
decisions of such administrative agency.
(2) All appeals taken under this section must be tak-
en within a reasonable time, as provided by the rules of
the board, by filing with the agency from which appeal is
taken and with the board, a notice of appeal specifying
the grounds thereof. The agency from which the appeal
is taken shall forthwith transmit to the board all the papers
constituting the record upon which the action appealed
from was taken, or properly certified copies thereof in lieu
of originals, as the agency Involved may elect.
(3) An appeal shall stay all proceedings In further-
ance of the action appealed from, unless the agency from
which the appeal Is taken certifies to the board, after the
notice of appeal has been filed with it,-ttpt by reason of
the facts stated In the certificate a stay ~Mould, In its
opinion, cause Imminent peril to life .or property. In such
cases, proceedings shalLnot be stayed otherwise than by
an order of the board on notice to the agency from which
the appeal is taken and on due cause shown. - -
(4) The board shall fix a reasonable time for the
hearing of appeals, give public notice and due notice to
the parties in interest, and decide the same within a
reasonable time. Upon the hearing, any party may
appear in person or by agent or by attorney.
(5) The board may, in conformity with the provisions
of this chapter, reverse or affirm wholly or partly, or modi-
fy, the order, requirement, decision, or determination ap-
pealed from and may make such order, requirement, de-
cision, or determination as ought to be made, and to that
end shall have all the powers of the administrative agency
from which the appeal is taken.
History.-s. S. ch. 23079. 1W5; s. 6, ch. 88-356.
333.09 Administration of airport toning regula-
tions: All airport zoning regulations adopted under this
chapter shall provide for the administration and enforce-
ment of such regulations by an administrative agency
which may be an agency created by such regulations or
any official, board, or other existing agency of the pordical
subdivision adopting the regulations or of one of the
political subdivisions which participated in the creation of
the joint airport zoning board adopting'the regulations, H
satisfactory to that political subdivision, but in no case
shall such administrative agency be or include any
member of the board of adjustment. The duties of any
administrative agency designated pursuant to this chapter
shall include that of hearing and deciding all permits
under s. 333.07(1), deciding all matters under s.
333.07(3), as they pertain to such agency, and all other
95- 589
matiers under this chapter applying to said agency, but
recrein
h agency shall not have or exercise any of the powers
delegated to the board of adjustment.
; History.•s. 9, ch. 23079, 1945.
333.10 Board of adjustment.-
(1)' All 11 airport zoning regulations adopted under
this chapter shall provide for a board of adjustment to
have and exercise the following powers:
(a) ` To hear and decide appeals from any order, re-
quirement, decision, or determination made by the ad-
ministrative agency in the enforcement of the airport
zoning regulations, as provided in s. 333.08.
(b) To hear and decide any special exceptions to the
terms of the airport zoning regulations upon which such
board ma,� be required to pass under such regulations.
(c) To hear and decide specific variances under s.
333.07(2)._
(2) Where a zoning board of appeals or adjustment
already exists, it may be appointed as the board of ad-
justment. Otherwise, the board of adjustment shall con-
sist of five members, each tc be appointed for a teem of 3
years by the authority adopting the regulations and to be
removable by the appointing authority for cause, upon
written charges and due notice and after public hearing.
(3) The concurring vote of a majority of the members
of the board of adjustment shall be sufficient to reverse
any order, requirement, decision, or determination of the
administrative agency, or to decide in favor of the appli-
cant. on any matter upon which it is required to pass un-
der the airport zoning regulations, or to effect any varia-
tion in such regulations.
(4) The board shall adopt rules in accordance with
the provisions of the ordinance or resolution by which it
was created. Meetings of the board shall be held at the
call of the chairman and at such other times as the board
may determine. The chairman, or in his absence the act-
ing chairman, may administer oaths and compel the at-
tendance of witnesses. All hearings of -the said board
shall be public. The board shall keep minutes of its pro-
ceedings, showing the vote of each member upon each
question, or, if absent or failing to vote, indicating such
fact, and shall keep records of its examinations and other
official actions, all of which shall be immediately filed in
the office of the board and shall be a public record.
History.-s. 10, ch. 23079. 1945.
333.11 Judicial review:
(1) Any pertoO aggrieved, or taxpayer affected, by
any decision of a board of adjustment, or any governing
body of a political subdivision or the Department of
Transportation or any joint airport zoning board, or of any
administrative agency hereunder, may apply for judicial
-relief to the circuit court in the judicial circuit where the
board of adjustment is located within 30 days after
rendition of the decision by the board of adjustment. Re•
view shall be by petition for writ of certiorari, which shall
be governed by the Florida Rules of Appellate Procedure.
(2) Upon presentation of such petition'to the court, it
may allow a writ of certiorari, directed to the board of
adjustment, to review such decision of the board. The
allowance of the writ shall not stay the proceedings upon
the decision appealed from, but the court may, on
application, on notice to the board, on due hearing and
due cause shown, grant a restraining order.
(3) The board of adjustment shall not be required to
return the original papers acted upon by it, but it shall be
sufficient to return certified or swom copies thereof or of
such portions thereof as may be called fory the writ.
The return shall concisely set forth such of r facts as
may be pertinent and material to show -the grounds of the
decision appealed from and shall be verified.
(4) The court shall have exclusive jurisdiction to af-
firm, modify, or set aside the decision brought up for re-
view, in whole or in part, and if need be, to order further
proceedings by the board of adjustment. The findings of
fact by the board, R supported by substantial evidence,
shall be accepted by the court as conclusive, and no
objection to a decision of the board shall be considered
by the court unless such objection shall have been urged
before the board, or, if it was not so 'urged, unless there
were reasonable grounds for failure to do so.
(5) In any case in which airport zoning regulations
adopted under this chapter, although generally reason-
able, are held by a court to interfere with the use and en-
joyment of a particular structure or parcel of land to such
an extent, or to be so onerous in their application to such
a structure or parcel of land, as to constitute a taking or
deprivation of that property in violation of than State Con-
stitution or the Constitution of the United States, such
homing shall not affect the application of such regulations
to other structures and parcels of land, or such reg-
ulations as are not involved in the particular decision.
(6) No .appeal shall be or is permitted under this sec-
tion, to any courts, as herein provided, save and except
an appeal from a decision of the board of adjustment, the
appeal herein provided being from such final decision of
such board only, the appellant being hereby required to
exhaust his remedies hereunder of application for permits,
exceptions and variances, and appeal to the board of
adjustment, and gaining a determination by said board,
before being permitted to appeal to the court hereunder.
8
History.-s. 11, ch. 23079. 1946; s. 43, ch. 63-512, s. 7, ch. 88-356.
95- 589
71
333.12 Acquisition of air rights.- In any case
chapter and of the regulations adopted and orders and
which- It is desired to remove, lower or otherwise
rulings made pursuant thereto.
terminate a nonconforming structure or use, or the
(3) The Department of Transportation may institute a
approach protection necessary cannot, because of
civil action for Injunctive relief in the appropriate circuit
constitutional limitations, be proOdid-by airport
court to prevent violation of any provision of this chapter.
regulationsunder this chapter; or it appears advisable that
the necessary approach protection be provided by'
Historps. 13, ch. 23079. 1945, s. 23.2. CK 71-136; a. S. ch. 7S-16,
acquisition of property i rights rather than by airport zoning
regulations, the political subdivision within which the
333.14 Short title.- This chapter shall be
property or nonconforming use Is located, or the political
known and may be cited as the "Airport Zoning Law
subdivision owning or operating the airport or being
of 1945."
served by it, may acquire, by purchase, grant, or
condemnation in the manner provided by chapter 73,
Masary.-s. 15, Ch. 23079. 1945.
such air right, navigation easement, or other estate,
portion or interest in the property or nonconforming
structure or use or such interest in the air above such
property,:tree. structure, or use, In question, as may be
necessary to effectuate the purposes of this chapter, and
in so doing, if by condemnation, to have the right to take
immediate possession of the properly, interest in property,
air right, or other right sought to be condemned, at the
time, and In the manner and form, and as authorized by
chapter 74. In the case of the purchase of any property
or any easement or estate or interest therein or the
acquisition of the same by the power of eminent domain
the political subdivision making such purchase or
exercising such power shall In addition to the damages for
the taking, injury or destruction of properly also pay the
cost of the removal and relocation of any structure or any
public utility which is required to be moved to a new
location.
Historps. 12, ch. 23079. 1945.
333.13 Enforcement and ,remedies.-
iIi (1) Each violation of. this chapter or of any regula-
tions, orders, or rulings promulgated or made pursuant to
this chapter shall constitute a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s.
775.083, and each day a violation continues to exist shall
constitute a separate offense.
(2) In addition, the political subdivision or agency
Adopting the Airport zoning regulations under this chapter
may Institute In any court of competent jurisdiction an
action to prevent, restrain,, correct, or abate any violation
of this chapter or of airport zoning regulations adopted,
under this chapter or of any order or ruling made In -
connection with their administration or enforcement, and
the court shall adjudge to the plaintiff such relief, by way
of injunction (which, may be mandatory) or otherwise, as
may be proper dnaer all the facts and circumstances of
the, case, in order to fully effectuate the purposes of this
9
95- 589
EXHIBIT oicrt
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N.W. 32 STREET
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FBENAVISTA-ELEMENTARY,
NORTH
P5- 589
;,r
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF DADS }
Before me, the undersigned authority, this day personally appeared
Betsy H. Kaplan , who being by me first duly sworn, upon oath, deposes
and says:
1. That he is the owner, or the legal representative of the owner,
submitting the accompanying application for a public hearing as .required by
Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real
property located in the- City of Miami, as described and listed an the pages
attached to this affidavit..and made a part thereof.
2. That all owners which he repMants, if any, have given their full
and complete permission for his to ag_ in their behalf for the change or madifica.
tion of a classification or regulation of toning as set out in the accompanying
petition.
S. That the pages attached hereto and made a part of this affidavit
contain the current names, ailitq addresses, phone numbers and legal descriptions
for the the real property of which he 1s the owner or legal representative.
4.: The facts as represented in the application and docum is submitted
in conjunction with this affidavit are truw and corrnrt. -
Further Affiant saysth not. M School- Board . • C^mty, Florida
SElIL)
Betsy H. K41an, i rson
Sworn to and Subscribed before as
this / day of 4,
D S DE LA PA
�-..r. N 6 CC 1734"
Rotary Public, State of Florida at Large -^; '1.1 lvnt co"� ° 6
_r F,}�...'C"•; February 1J,199
°•',+ RWA-d Thru Wta Public Vo-i-cwrixn
my Commission Expires: 9589
N
M
DISCLOSURE OF OWNERSHIP
1. Legal descr.iption and street address of subject real property:
All that portion of the 50 foot Right -of -Way of N.W. 3rd Avenue lying between
Blocks 11 and 12 of NORTHERN BOULEVARD TRACT, recorded in Plat Book 2 at Page
29 of the PUBLIC RECORDS OF DADE COUNTY, FLORIDA located at 2915 N.W. 3rd Ave.,
Miami, Florida; sought to be closed and vacated.
- 2. Owner(s) of subject real property and percentage of ownership. Mote city of Miaxi
Ordinance No. 9419 requires disclosure of all parties having a financial interest,
either direct or indirect, in the subject matter of a presentation, request or
petition to the City Commission. Accordingly, question i2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or *Ay other interested
parties, together with their addresses and proportionate interest.
Lots 8 thru 17' Block 11 and Lots 1 thru 239 Block 12, NORTHERN BOULEVARD TRACT,
MT
recorded in Plat Book 2 at Page 29 of the Public Records of Dade County, Florida.
THE SCHOOL BOARD OF DADE ODUFLORIDA
1450 N.E. Second Avenue
Miami, Florida 33132
100% Ownership
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question 02, and (b) located within 375.feet of the subject
real property.
None. -
_ '1be School- Board of -Dad Cynty, Florida
$etsy H. Kaplan, irperson
STATE OF FLORIDA } SS:
COIIN" OF OADE }
Betsy H. Kaplan being duly sworn, deposes and sags that he is the
a
(Owner) (Attorney for Owner) of the real property described in answer to question 01,
above; that he has read the foregoing answers and that the sm are true and complete:
and (if acting as attorney -for owner) that he has. authoriliL to exequte the Disclosure
of Ownership form on behalf of the owner
.The School - Board of.. eplja I I r ty, Florida
(SEAL)
Betsy A. Kaplan irperson
Sb10RN TO AND SUISCRISED
before we t GCf4"-?-z
day
Notary Public, State of Florida at Large
MY C0191I5
r `r' 9F" DE LA PAZ
'4''� t•' Y C'• ._ . OP7 A' CC 1734"
L � FeL• a: ry 13, 1995
I ;: ` F: T..ru N•!•'ry Rbl.e UoCetatVer,
L 9.5- 589
10�•'�'� p
DADE C01--)NTY PUBLIC-, SCHOOLS
DIVISION OF SITE PLANNING & GOVERNMENT LIAISON • 1444 BISCAYNE BLVD., SUITE 302 • MIAMI, FLORIDA 33132
(305) 995-7280
Octavio J. Visiedo
Superintendent of Schools
City of Miami
Ms. G: Miriam Maer
Chief Assistant City Attorney
City Attorney's Office
300 Biscayne Blvd. Way, Suite 300
Miami, Florida 33131
Dear Ms. Maer:
March 28, 1995 Dade County School Board
Ms. SM H. Kaplan, Chairperson
Mr. G. Holmes Braddock, Vice -Chairperson
Dr. Rosa Castro Feinberg
Dr. Michael Krop
Ms. Janet R. McAliley
Mr. Robert Renick
Ms. Frederica S. Wilson
Please be advised that the School Board, at its meeting of March 22,1995, approved agenda
item K-26 (see enclosed item and certified copy of minutes) dealing with the authority of
the Superintendent to represent the School Board at public hearings dealing with issues
impacting the school district and authorizing the Superintendent to delegate this authority
to staff. In addition, I faxed copies of Florida Statutes 230.03(2), 230.15, 230.21 and
230.23(2) to you on March 22, 1995, dealing with the organizational structure of the school
district and the responsibility of the Chairperson in the administration of all property to
which title is held by the School Board. It is my expectation that collectively, these
documents will address the concerns raised by the City of Miami dealing with the authority
of the Chairperson and Superintendent to sign certain documents and to designate staff to
represent the district at public hearings.
If you still be}ieve that there is an issue in this regard, please contact Mr. Johnny Brown,
Assistant School Board Attorney, at 995-1304, as soon as possible. Otherwise, I will assume
that the participation of the school district in the public hearing scheduled for April 3,1995,
will not be. an issue, and that the procedure for future meetings of this type will be set and
agreed to by the City.
Thank you. ,
ncer�ly,
i
Mehaell A. I.
Supervisor H
MAL:dt
L-0084
Enclosure
cc: Dr. Kathryn Wilbur
Mr. Johnny Brown
Ms. Teresita Fernandez
�.a
33
589
STATE OF FLORIDA)
) SS
COUNTY OF DADE) - -
i HEREBY*CERTIFY that the following is a true and correct copy of Paragraph No.
88,457 as appears of record in the minutes of the March 22, 1995 School Board meeting.
K-26
Upon recommendation of the Superintendent and Mr. Alan T. Olkes, Chief of
Staff, Office of the Superintendent, Mr. Renick moved that The School Board
of Dade County, Florida:
1 authorize the Superintendent to represent the -Board at public hearings
dealing with issues impacting the school district; and
2. authorize the Superintendent to delegate this authority to appropriate
district staff, as necessary.
Ms. McAliley seconded the motion; and upon vote being taken, the same carried
unanimously.
IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of The
School Board of Dade County, Florida, on this 28th day of March, 1995.
lle Men ez, Rec rding Secretary
The chool Benoard of D e County, Florida
SEAL
95— 589
•wp�{,p.!
Office of Superintendent of Schools
Board Meeting of March 22, 1995
office of the Superintendent
Alan T. Olkes, Chief df-Staff
March 21, 1995
SUBJECT: DESIGNATION OF STAFF MEMBERS FOR APPEARANCES AT
PUBLIC HEARINGS ON BEHALF OF THE SCHOOL BOARD OF
DADE COUNTY, FLORIDA
The Board, as owners of property within county and municipal limits, has the right to make
requests of local governments through established processes. These requests are typically
in the context of applications for variances, zoning exceptions, special or conditional use
permits, as well as opposition to proposed changes which may negatively impact schools
(e.g., residential rezoning, liquor variances). The forum for discussion and decision on these
requests varies among the different local governments and with the specific issues involved;
however, the majority involve public hearings before appointed or elected boards, councils
and commissions.
In many of these public hearings, the owner of the property for which the request is made
must be present in order for the board, council or commission to initiate discussion and/or
action on the request. Failure of the owner to appear results in a deferral of the request
to a later meeting and delays its ultimate disposition.
For purposes of these public hearings for school related issues, Board members and/or
Board attorneys are defined to be the appropriate property owners or representatives. As
a courtesy, local boards, councils and commissions have traditionally permitted Dade County
Public School (DCPS) staff to speak to the issues on behalf of the Board where that staff
person has represented that he or she is attending in that capacity. However, there is a
growing concern within some local governments, that staff and consultants holding
themselves as representatives of an entity may not be designated to act in that capacity.
These governments are requiring the filing of documents specifiailly naming those staff
persons authorized to act on behalf of the Board for purposes of the public hearing. As
long as one owner or designated representative is present for the hearing, discussion of the
request can be initiated and other DCPS staff and consultants have the ability to speak in
an informational capacity and to address questions or concerns of the public body.
The City of Miami bad previously agreed to a specific procedure in order to allow district
staff to represent the Board at public hearings. The City has now expressed concerns as to
the legitimacy of the current arrangement and has indicated that district staff will no longer
be permitted to speak on the Board's behalf until information is transmitted for substantiate
the designated authority to represent. The next public hearing impacting the district is
scheduled for April 3, 1995.
Page 1 of 2
35
EMERGENCY
K-26
�= 89
DARE COJNTY PUBU.,: SCHOOLS
SCHOOL BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE 0 MIAMI, FLORIDA 33132
OCTAVIO J. VISIEDO _ - DADE COUNTY SCHOOL BOARD
SUPERINTENDENT OF SCHOOLS _ _ _ MS. BETSY H. KAPLAN, CHAIRPERSON
January 18, 1995 MR. G. HOLMES BRADDOCK. VICE -CHAIRPERSON
DR. ROSA CASTRO FEINBERG
DR. MICHAEL KROP
MS. JANET R. McALILEY
Ms. Teresita Fernandez, Chief MR. ROBERT RENICK
City of Miami MS. FREDERICA S. WILSON
Hearing Boards Division
275 N.W. 2 Street
Miami, Florida 33233-0708
Re: Buena Vista Elementary Replacement School Road Closure
Public Hearing Appearances
Dear Ms. Fernandez:
Please be advised that the following staff members have been
designated to appear and represent Dade County Public Schools on
issues related to the above referenced site: _
Dr. Kathryn Wilbur,.Executive Director, Division of Site Planning
& Government Liaison
Mr. Michael A. Levine, Supervisor II,.Division of Site Planning &
Government Liaison
Mr. Robert Thomas, Region Director, Region IV
Your attention to this matter is appreciated.
S
0
S'
STATE OF FLORIDA)
SS:
COUNTY OF DADE )
Schools
I hereby cent' fy that The attached instrument was acknowledged
before me this day of ,1419;, 1995, by Octavio J. Visiedo,
Superintendent of Schools, School Board of Dade County, Florida who
- is personally known to me and did not take an oath.
CRDES DF, LA PAZ
Nota y Public, State of Florida _ IM[pffl&19,01a NCC 173437
Print Name
OJV:dt
L1556 -
:A EXFi`m: February 10, 1996
':;;� df� �.° �° Bovd:d Thro Nctuq Public Uodenvriten
95- 589
1.4Vu,P
we