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HomeMy WebLinkAboutExhibitINTERLOCAL AGREEMENT BY AND BETWEEN NIIAMI-DADE COUNTY, FLORIDA, AND THE CITY OF MIAMI, FLORIDA, REGARDING MIA11ll INTERNATIONAL AIRPORT (WILCOX FIELD) ZONING This is an lnterlocal Agreement between Miami -Dade County, a political subdivision of the State of Florida (the "County") and the City of Miami, a municipal corporation of the State of Florida (the "City"), entered into this day of , 2007 (the "Agreement"). RECITALS 1. The City of•r.4iami formally ap roachcd the County, seeking an amendnient to Article XXXVII Miami International Airport (MIA) Zoning Ordinance, hereafter called the "MIA Height Zoning Ordinance," to allow for a relaxation of current height restrictions by considering increases in the maximum allowable height for structures and an expanded High Structure Set - Aside Area (HSA) to permit a larger development area in the City's urban core where the City and developers want to construct tall (1,000 ft. plus) commercial and residential structures. The City is a designated urban infill zone under applicable laws and regulations. 2. The County intends to enact the proposed amendment to the MIA Height Zoning Ordinance within 90 days of the execution of this Agreement, subject to the receipt of FAA's letter of concurrence. 3. The County and City recognize their mutual obligations and responsibilities for the protection of the airport's airspace; limitations must be set on the height of structures and other objects near the airport as set forth and amended from time to time in the MIA Height Zoning Ordinance and the Airport Height Zoning District Map Miami International Airport (MIA Height Map). Page No. 2 4. These limitations have been based upon Imaginary surfaces in the airspace for MIA in accordance with criteria set forth in Federal Aviation Regulations (FAR) Part 77 and the U.S. Standard for Terminal Instrument Procedures (TERPS). These surfaces establish the maximum height that objects on the ground can reach without potentially creating constraints or hazards to the use of the airspace by aircraft approaching, departing, or maneuvering in the vicinity of the airport. 5. The County and City recognize that notification to the County, pursuant to Section 7 of this Agreement, is required before the issuance of any permit or approval and that the City will need to obtain a letter of determination from the County establishing a maximum allowable height above mean sea level (AMSL), for any proposed structure based on the latest MIA Height Map adopted by County ordinance. 6. The County and City recognize that in addition to notification to and written approval from the County, there exists a separate Federal Aviation Administration (FAA) Notification Requirement of FAR Part 77 that the City will require any proponent requesting a permit to file with the FAA. Subpart B of the Regulations requires that the proponent of any project which exceeds a specified set of height criteria submit a Notice of Proposed Construction or Alteration (Form 7460-1) to the FAA, at least 60 days prior to the commencement of construction. The height criteria associated with this notification requirement are lower than those spelled out in Part 77, Subpart C, which defines airspace obstructions. The purpose of the notification is to determine if the proposed construction would constitute a potential hazard or obstruction to flight. City shall require the applicant to provide a valid FAA "Determination of No Hazard" to Page No. 3 the County prior to the issuance of any permit for any project that meets the review criteria of the MIA Height Zoning Ordinance, as amended. 7. The County and City recognize that as operational procedures, navigational systems, and aircraft performance technology changes occur faster than ordinance changes, the County will apply the more restrictive of the height limits between the ordinance map and FAA deteiijiination. 8. The County and City recognize this agreement is necessary to fulfill FAA conditional approval requirement to implement the amendments to the MIA Height Zoning Ordinance. 9. The City and County recognize that the planned modifications to the HSA (which modifications will take the HSA to the maximum height limits tolerable) leave no room for error for instrument approach minimums, and as a result inclement weather west -flow capacity at MIA will be adversely impacted. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City agree as follows: 1. Recitals. The foregoing recitals are hereby acknowledged as true and correct, and are incorporated herein by reference. 2. Purpose. The purpose of this Agreement is to ensure the City's consistency and compliance with specific requirements, established for the protection of navigable airspace and Page No. 4 for the protection and preservation of operational safety and capacity at MIA (the County's only presently scheduled commercial air -service airport), in exchange for the City's request for development relief amendments that raise the height restrictions in the new (expanded) HSA above the City. This Agreement serves as the precursor to the FAA's concurrence with the County's proposed amendments to MIA's Height Zoning Ordinance and is necessary to assure the FAA and the County that the City will comply with the revised maximum allowable heights in the amended HSA and not endeavor in the future to seek nor entertain any variances to the new HSA. 3. County. The County shall provide notice to the City, pursuant to section 7 of this Agreement, of any amendments to the MIA Height Zoning Ordinance. The County shall further provide to the City prior notice of all hearings and public meetings at which modifications to such ordinance are to be considered. 4. City. The City shall exercise such powers and perform the duties as set forth in this agreement in strict compliance (1) with the requirements, standards and procedures provided in the MIA Height Zoning Ordinance, as such may be amended from time to time; and (2) with applicable State and federal laws, The. City shall also comply with the following. a. Prior to issuing any development permit for any proposed structure, the City shall obtain written approval for such structure from the County. Such approval will establish the structure's maximum allowable height above mean sea level (AMSL), based on the latest version of the MIA Height Zoning Ordinance. The County will not unreasonably delay or withhold the issuance of its written approval under this section." Page No. 5 b. When any proposed deveiopment meets FAA notification criteria, the City will require the applicant to file said development with the FAA and obtain a "Determination of No Hazard." The City will not issue building permits unless in receipt of this "Determination" from the FAA when the applicant's proposed structure meets or exceeds FAA notification criteria. c. City agrees that the City's land use ordinances and comprehensive plan will be amended to copy and concur with the height restrictions set forth in the MIA Height Zoning Ordinance, as amended. d. City will, in the early stages of any comprehensive plan amendment, seek a formal consistency review from the County and allow the County 45 days after receiving the request from the City to provide a written determination of consistency with the MIA Height Zoning Ordinance requirements. e. City will comply with a notification process for project submittals as follows and shall include the following information in its notification to the County: 1) Property location data (assessor's parcel number, street address, subdivision lot number). 2) An accurately scaled map showing the relationship (distance and direction) of the project site to the airport boundary and runways. When readily available, a digital version of the map should be provided along with a paper copy. 3) A description of the existing use(s) of the land in question, including current comprehensive plan and zoning designations, height of structures, usage intensity, and other applicable information. Page No. 6 4) A description of the proposed use(s) and the type of land use action being sought from the City (e.g., zoning change, building permit, etc.). 5) If applicable, a detailed site plan showing ground elevations, the location of structures, open spaces, and water bodies, and building elevations indicating the maximum heights of structures and trees above mean sea level. A profile view of proposed features is also to be provided in instances where height is an issue. When available a digital version of the drawings should be provided along with the paper version. 6) Identification of any characteristics that could create electrical interference, confusing or bright lights, glare, smoke, or other known or perceived electrical or visual hazards to aircraft flight. 7) Any airspace determination that has been obtained from the Federal Aviation Administration in accordance with Part 77 of the Federal Aviation Regulations. 8) Other related, relevant information that County staff determine to he reasonably necessary to enable a comprehensive review of the proposal. 9) Any applicable review fees as established by the Board of County Commissioners, f. The City reassures (in the farm of this legally binding agreement) that it will not violate nor seek further relief or variances of any form for even taller structures or request further modification or increases to the HSA or the MIA Height Zoning Page No. 7 Ordinance. This reassurance will automatically expire upon termination of this agreement. g. In addition to following the County's procedures set forth in the MIA Height Zoning Ordinance for the permitting of construction and other cranes, the City shall establish a process and issue permits for construction cranes that operate within the City limits and submit a copy of each crane permit it has issued along with its corresponding "Determination of No Hazard" to the County. The City may provide this information in electronic format as a scanned PDF document of each "Determination of No Hazard". h. Prior to the City's issuance of a crane permit, the City shall require that the applicant: 1) Provide a valid FAA "Determination of No Hazard" for said crane. 2) Verify that the Latitude and Longitude stated on the applicant's "Detemlination of No Hazard" is the applicant's intended job site. i. The City shall not issue a time extension to a crane permit that exceeds the applicant's "Determination of No Hazard" validity time frame or for a height greater than that stated in the applicant's "Determination of No Hazard." 5. Indemnification. To the extent allowed by Section 768.28, Florida Statutes, the City shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents, or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the City or its officers, Page No. 8 employees, agents, servants, partners, principals, or subcontractors. To the extent allowed by Section 768.28, Florida Statutes, the City shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorneys' fees which may issue thereon. The City expressly agrees and understands that any insurance protection provided at the option of the City shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided to the extent allowed by Section 768.28, Florida Statutes. 6. Termination. This Agreement may be terminated by either party for any or no cause by giving advance notice to the other party of not less than one hundred and eighty (180) days in the manner set forth in Section 7 of this Agreement. However, termination of this Agreement shall not abridge or modify the height restrictions as outlined in the MIA Height Zoning Ordinance as amended. Termination of this Agreement by either party shall not give rise to any inference that the City is not require to follow and comply with all applicable laws of the County related to height restrictions or any other airport zoning requirements or procedures. 7. Notice. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery or recognized overnight courier (such as Federal Express), or if by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place specified. For the present, the parties designate the following as the respective places for notice purposes: If to the County: Miami -Dade County Manager Stephen P. Clark Center 111 N.W. 1 St Street, Suite 2900 Miami, Florida 33128 Page No. 9 With a copy to: With a copy to: If to the City: With a copy to: Miami -Dade County Attorney Stephen P. Clark Center 111 N.W. 15' Street, Suite 2800 Miami, Florida 33128 Director Miami -Dade Aviation Department P.O. Box 025504 Miami, FL 33IO2-5504 City Manager City of ivliami 3500 Pan American Drive Miami, FL 33133 City of Miami City Attorney Miami Riverside Center 444 S.W. 2nd Avenue, 9th Floor Miami, FL 33130-1910 8. Entire Agreement. This document incorporates and includes all prior negotiations, ,correspondence, conversations, agreements or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. 9. Amendment. This Agreement may be amended or modified only by an agreement in writing and signed by the duly authorized representatives of the City and the County. Page No. 10 10. Term and Effective Date. This Agreement shall become effective upon the final execution by the duly authorized representatives of the City and the County and shall continue in force and effect unless terminated in accordance with the provisions contained herein. 11. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of Florida. Exclusive venue for any litigation between the parties shall be in Miami -Dade County, Florida. 12. Conflict Resolution. The parties (in lieu of termination) may seek to negotiate conflicts between them arising under this agreement pursuant to the "Florida Governmental Conflict resolution Act, Sections 164.101 — 164.1061, Florida Statutes. 12. Severability. If any term or provision of this Agreement or the application of either shall to any extent be determined to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those with respect to which it is invalid or unenforceable, shall not be affected, and The remainder of this Agreement shall be enforced to the extent permitted by law. 13. Waiver. The failure of either party to this Agreement to object or take affirmative action with respect to any conduct of the other party which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. IN WITNESS WHEREOF, the duly authorized representatives of the parties have executed this Interlocal Agreement this day of , 2007. Page No. 11 ATTEST: Miami -Dade County, Florida By: By: As Deputy C]erk Miami -Dade County Manager ATTEST: City of Miami, Florida By: By: As City Clerk City Manager APPROVED AS TO LEGAL FORM: By: City Attorney APPROVED AS TO PLANNING: By: Planning Director