HomeMy WebLinkAboutR-14-0224City of Miami
Legislation
Resolution: R-14-0224
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00519 Final Action Date: 6/12/2014
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
URGING THE UNITED STATES SECRETARY OF TRANSPORTATION AND THE
FEDERAL AVIATION ADMINISTRATION TO PROVIDE NOTICE TO LOCAL
AGENCIES AND STAKEHOLDERS INCLUDING THE CITY OF MIAMI AND TO
ALLOW 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 TRANSMIT A 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 such as requiring a cost -benefit analysis, and providing notice
City of Miami
Page 1 of 2 File Id: 14-00519 (Version: 21 Printed On: 1/3/2018
File Number: 14-00519 Enactment Number: R-14-0224
to local agencies and stakeholders including the City of Miami, to allow comment on rule -making
decisions before implementing certain policies;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as fully set forth in this Section.
Section 2. The Miami City Commission urges the United States Secretary of Transportation
and the FAA to provide notice to local agencies and stakeholders including the City of Miami and to
allow 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}
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 File Id: 14-00519 (Version: 21 Printed On: 1/3/2018