94-21393 RESO
RESOLUTION NO.
94-21393
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING
DATES AND TIMES FOR PUBLIC HEARINGS TO
CONSIDER AN ORDINANCE AMENDING COMPREHENSIVE
ZONING ORDINANCE NO. 89-2665, AMENDING SECTION
6, ENTITLED II SCHEDULE OF DISTRICT
REGULATIONS II , AMENDING SUBSECTION 6 -1,
ENTITLED IIRS-1, RS-2, RS-3, RS-4 SINGLE FAMILY
RESIDENTIAL DISTRICTII BY REMOVING HELICOPTER
PADS AND LANDING AREAS FROM THE CONDITIONAL
USE CATEGORY; AMENDING SUBSECTION 6-21,
ENTITLED II REGULATION OF ACCESSORY USES II BY
CLARIFYING THAT LANDING OR STORAGE AREAS FOR
HELICOPTERS, OR OTHER AIRCRAFT ARE NOT
PERMITTED AS ACCESSORY USES IN SINGLE FAMILY
DISTRICTS; PROVIDING FOR INCLUSION IN THE
ZONING ORDINANCE; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Historic Preservation
Services
Division
has
recommended
an
ordinance
amending
Comprehensive Zoning Ordinance No. 89-2665, amending Section 6,
entitled "Schedule of District Regulations", amending Subsection 6-
1, entitled "RS-1, RS-2, RS-3, RS-4 Single Family Residential
Districts" by removing helicopter pads and landing areas from the
Conditional Use Category; amending Subsection 6-21, entitled
"Regulation of Accessory Uses" by clarifying that landing or
storage areas for helicopters, or other aircraft are not permitted
as accessory uses in Single Family Districts; providing for
inclusion in the Zoning Ordinance; providing for repealer,
severability and an effective date; and
WHEREAS, on October 25, 1994 the City.s Planning Board held a
public hearing to consider the proposed amendments and voted in
favor of recommending their adoption; and
WHEREAS, pursuant to Section 14 of Zoning Ordinance No. 89-
2665, the proposed ordinance must now be considered by the City
Commission at public hearings.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City
Commission will consider on first reading at a public hearing an
ordinance
amending Comprehensive Zoning Ordinance No. 89-2665,
amending Section 6, entitled IISchedule of District Regulations II ,
amending Subsection 6-1, entitled IIRS-l, RS-2, RS-3, RS-4 Single
Family Residential Districts" by removing helicopter pads and
landing areas from the Conditional Use Category;
amending
Subsection 6-21, entitled IIRegulation of Accessory Usesll by
clarifying that landing or storage areas for helicopters, or other
aircraft are
not permitted as accessory uses in Single Family
Districts; providing for inclusion in the Zoning Ordinance;
providing for repealer, severability and an effective date in its
chambers on the Third Floor of City Hall, 1700 Convention Center
2
Drive, Miami Beach, Florida, on December 7,
, 1994 beginning at
5:30 p.m., and that if this Ordinance passes on first reading a
final reading and public hearing to consider the Ordinance is
tentatively set for
December 21
, 1994 beginning at 5:01 p.m.,
and the City Clerk is hereby authorized and directed to publish
appropriate Public Notice of the said Public Hearings in a
newspaper of general circulation in the City of Miami Beach, at
which time and place all interested parties will be heard.
PASSED and ADOPTED this 2nd day of
November
, 1994.
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ATTEST:
1/
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CIT~ CLERK
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SWS:scf:6.0disk7\helipad.res
FORM APPROVED
LEGAL DEPT.
By :1t~
Date ~t.v.; 10. 2.' -r'(
3
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO.
8q3-~<I
FROM:
Mayor Seymour Gelber and
Members of the City Commission
Roger M. Carlton ~ I. /J I
City Manager ~
DATE:
TO:
NOVEMBER 2, 1994
SUBJECT:
SETTIN~ OF PUBLIC HEARING - AN ORDINANCE OF THE
MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING
ORDINANCE NO. 89-2665, AMENDING SECTION 6, ENTITLED
"SCHEDULE OF DISTRICT REGULATIONS", AMENDING
SUBSECTION 6-1, ENTITLED "RS-1, RS-2, RS-3, RS-4
SINGLE FAMILY RESIDENTIAL DISTRICTS" BY REMOVING
HELICOPTER PADS AND LANDING AREAS FROM THE
CONDITIONAL USE CATEGORYi AMENDING SUBSECTION 6-21,
ENTITLED "REGULATION OF ACCESSORY USES" BY
CLARIFYING THAT LANDING OR STORAGE AREAS FOR
HELICOPTERS, OR OTHER AIRCRAFT ARE NOT PERMITTED AS
ACCESSORY USES IN SINGLE FAMILY DISTRICTSi
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCEi
PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE
RECOMMENDATION
The Administration recommends that the City Commission set a first
reading public hearing on December 7, 1994, concerning the attached
Ordinance to amend Zoning Ordinance 89-2665.
BACKGROUND
The City Administration, through the Planning Design and Historic
Preservation Division, is requesting to amend Zoning Ordinance 89-
2665 by removing helicopter pads and landing areas as a Conditional
Use within all single family districts within the City. The
amendment also clarifies that landing or storage areas for
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--r-
AGENDA ITEM R -1- ,-J
DATE--Ll- L -qtj
helicopters or other aircraft of any type are not permitted as
accessory uses in single family districts.
The appellant came before the Miami Beach Planning Board on May 31,
1994. At this public hearing, the Planning Board, by a vote of
7-0, denied the Conditional Use request. At the city Commission
public hearing on September 22, 1994, the Commission upheld the
Planning Board's decision to deny the request.
On September 22, 1994, the city commission held a public hearing to
consider an appeal of a Planning Board decision which denied a
conditional use request to establish a helicopter landing area
within the rear yard of a single family residence. That appeal
was made pursuant to Subsection 17-4 (G) of Zoning Ordinance No.
89-2665, which allows for the appeal of Conditional Use decisions
made by the Planning Board to the City commission.
On October 25, 1994, the Planning Board held a public hearing on
the proposed amendment and voted 7-0 to recommend approval of the
amendment removing helicopter pads and landing areas as a
Conditional Use within all single family districts within the city.
The Board also asked that the Administration look for an
appropriate area within the City limits that might accommodate the
landing of private helicopters; optionally to negotiate with the
City of Miami to permit such landings on Watson Island.
ANALYSIS
Of particular note in the public hearing before the Planning Board
on May 31, 1994, was the testimony relating to noise and to the
direction of take-off of the helicopter and its potential impact on
the neighborhood in question.
The Board specifically found, and the City Commission concurred:
1. That the neighborhood surrounding the proposed
condi tional use consists of single family detached homes;
2. That the conditional use would intrude upon and be
inconsistent with the residential nature of the
neighborhood;
3. That the take-off and landing of a helicopter on the
proposed helistop would present a safety hazard to the
surrounding area;
Page 2 of 3
4. That the take-off and landing of a helicopter within 300
yards of adjoining properties would create noise levels
in excess of the allowable threshold, and;
5. That the use of a helistop on the property would have an
adverse impact upon the welfare of the residents in the
neighborhood.
Based on the above public hearings, the City commission determined
that helicopter landing pads or the storage of helicopters or other
similar aircraft are not acceptable uses within the City's single
family residential districts and that regulations prohibiting said
uses are needed to protect and preserve the existing character of
the City's single fam}ly residential areas.
CONCLUSION
Based on the foregoing, the Administration has conluded that the
proposed amendment is neccesary to protect the character of the
single family districts and, therefore, that the City Commission
should proceed to set a first reading public hearing on December 7,
1994, regarding this Ordinance to prohibit the use of helicopter
landing pads or the storage of helicopters or other aircraft of any
type within the single family residential districts of the City.
DJG\JGG\MHF\DI SK#9\1203CM.94
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