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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number; 14-00519 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
URGING THE UNITED STATES SECRETARY OF TRANSPORTATION AND THE
FEDERAL AVIATION ADMINISTRATION TO CONDUCTA NOTICE TO COMMENT
ON RULEMAKING DECISIONS BEFORE IMPLEMENTING CERTAIN POLICIES
RELATING TO THE OBSTRUCTION EVALUATION AERONAUTICAL STUDIES,
AND TO RESPECT THE ZONE CLASSIFICATION DISTRICTS AND THE HEIGHT
LIMITATIONS AS ESTABLISHED IN THE MIAMI-DADE COUNTY CODE OF
ORDINANCES, ARTICLE XXXVII, ENTITLED "MIAMI INTERNATIONAL AIRPORT
(WILCOX FIELD) ZONING"; DIRECTING THE CITY CLERK TO TRANSMITA COPY
OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN.
WHEREAS, it has come to the attention of the City of Miami ("City") that the Federal Aviation
Administration ("FAA") is working to revise its policies of the One Engine Inoperative ("OEI") criteria
which governs building height restrictions around urban airports by changing the way a single engine
failure at the moment of takeoff scenario is considered; and
WHEREAS, this more rigorous standard would effectively impact existing and planned
buildings that exceed the new criteria and thus adversely impact development in Downtown Miami and
other urban centers near the Miami International Airport; and
WHEREAS, the FAA posted a notice of policy change to the Federal Register announcing their
intention to proceed with consideration of OEI criteria, via a change in policy, thus bypassing the rigors
of formal rulemaking, allowing the FAA to circumvent cost benefit and federalism analyses under an
Executive Order without any input from those that may be negatively affected by such policy revisions;
and
WHEREAS, policies that may result in further height restrictions around urban airports, such as
the Miami International Airport, may be detrimental to the overall growth and economic prosperity of
Downtown Miami and other urban centers throughout the country, where higher densities and
intensities of use result in a more efficient, compact, walkable and sustainable pattern of development;
and
WHEREAS, the City and Miami -Dade County ("County") entered into an Inter -local Agreement
governing building height restrictions near and around the Miami International Airport via a consensus
based process that included participation of the FAA, as more particularly described in Exhibit "A",
attached and incorporated; and
WHEREAS, given the potential economic impact of the proposed change and the competing
economic interests at stake, we believe that this action should only be accomplished in accordance
with standard rulemaking procedures, requiring a cost -benefit analysis with input from other agencies
and local governments, taking into consideration the real -world effects;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miami Page 1 of 2 File Id: 14-00519 (Version: 1) Printed On: 6/3/2014
File Number: 14-00519
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as fully set forthin this Section.
Section 2. The Miami City Commission urges the United States Secretary of Transportation
and the FAA to conduct a notice and to comment on rulemaking decisions before implementing certain
policies relating to the obstruction evaluation aeronautical studies, and to respect the zone
classification districts and height limitations as established in the County Code of Ordinances Article
XXXVII, entitled "Miami International Airport (Wilcox Field) Zoning".
Section 3. The City Clerk is directed to transmit a copy of this Resolution to the United States
Secretary of Transportation, the FAA, Mayor Carlos Gimenez and the Members of the Miami -Dade
County Commission.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 rile ld: 14-00519 (Version: 1) Printed On: 6/3/2014