Miami-Dade Legislative Item
File Number: 041886
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File Number: 041886 File Type: Resolution Status: Adopted
Version: 0 Reference: 906-04 Control: County Commission
File Name: DIRECTING COUNTY MANAGER TO PREPARE AIRPORT ZONING ORD. Introduced: 6/25/2004
Requester: NONE Cost: Final Action: 7/13/2004
Agenda Date: 7/13/2004 Agenda Item Number: 10A7
Notes: Title: RESOLUTION DIRECTING THE COUNTY MANAGER TO PREPARE AN AIRPORT ZONING ORDINANCE RELATED TO MIAMI INTERNATIONAL AIRPORT AND THE SITING OF EDUCATIONAL FACILITIES FOR THE JULY 27, 2004 BOARD OF COUNTY COMMISSIONER'S MEETING
Indexes: AIRPORT
  ZONING
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 7/13/2004 10A7 Adopted P
REPORT: Vice Chairperson Sorenson asked that the County Attorney, in preparing the proposed airport zoning ordinance, address the Industrial Development Association’s concerns regarding the location of schools in industrial areas. Commissioner Heyman, requested that input from the Miami Dade Aviation Department Director be received when drafting the proposed legislation.

County Attorney 7/6/2004 Assigned Jess M. McCarty 7/6/2004

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY MANAGER TO PREPARE AN AIRPORT ZONING ORDINANCE RELATED TO MIAMI INTERNATIONAL AIRPORT AND THE SITING OF EDUCATIONAL FACILITIES FOR THE JULY 27, 2004 BOARD OF COUNTY COMMISSIONER'S MEETING

BODY

WHEREAS, Miami-Dade County continues to experience rapid population growth and a corresponding need for school construction on an expedited basis; and
WHEREAS, section 333.03, Florida Statutes, requires the passage of an ordinance that prohibits educational facilities in an area (i) extending 5 miles from either end of any runway and (ii) one-half the length of the runway from the runway centerline; allowing for exceptions when certain findings are made; and
WHEREAS, this Board recognizes the importance of balancing the need for school construction on an expedited basis with the need to maintain safety near airports; and
WHEREAS, this Board included in its state legislative package passage of a bill that would exclude Miami-Dade County from the airport school zoning mandates contained in section 333.03; and
WHEREAS, the Florida Legislature passed a bill, CS/SB 2572, during the 2004 regular session, that would exclude a class of counties that included Miami-Dade County from the airport school zoning mandates contained in section 333.03; and
WHEREAS, the Governor on July 1, 2004 vetoed CS/SB 2572 (see attached letter),
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Directs the County Manager to prepare a draft airport zoning ordinance for first reading on the July 27, 2004 Board of County Commissioner's meeting related to Miami International Airport and the siting of educational facilities. The draft ordinance should balance the need to provide maximum flexibility in quickly siting educational facilities with the need to maintain safety and avoid incompatible uses near the Airport. The draft ordinance should also comply with the state airport zoning mandates related to educational facilities in section 333.03, Florida Statutes, but not contain provisions related to educational facilities over and above those that are required by state law.
Section 2. Directs the County Manager to consider and if appropriate determine and set in the draft ordinance an appropriate distance from Miami International Airport within the five (5) mile airport school zone that the Board could make findings for the siting of all educational facilities to avoid the need to make findings on a case-by-case basis.



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