16CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Steven 1. Alexander, City Manager
From: Christopher Brimo, AICP
Planning Director
Date: June 4,2013 ITEM No. /6 -----
2001
An Ordinance of the City of South Miami, Florida amending the Code of Ordinances
Section 15-1 -Reserved, prohibiting the operation of helipads and the landing or takeoff of
helicopters or other aircraft with the city limits except in the case of police, fire or similar
civil emergency, and creating Section 15-1(A) titled "Penalty", to include penalties for
violations, and providing for conflicts.
BACKGROUND
At a recent City Commission meeting, Commissioner Harris raised a concern of our area
hospitals being designated trauma centers and then requesting the installation of helipads in
association with this designation. His concern was primarily the noise impact of the takeoffs and
landings of these aircraft on the surrounding residential neighborhoods. Based on information
from the Florida Department of Health, as of March 29, 2013, there are three trauma in Miami-
Dade County. A Level I at Jackson Memorial Hospital; a Level II at Kendall Regional Hospital;
and a Pediatric at Miami Children's Hospital.
At the request of the Commissioner, staff drafted a proposed ordinance that would regulate
helipads within the City and require that any application for this use would need to be reviewed
and approved through the special use application process, and would only be permitted within
the TODD -Transit Oriented Development Districts, and the H -Hospital district. Under this
current proposal two new sub-sections of the Land Development Code would be created.
However, nothing in this proposal would prohibit landings by government agencies, in case of
police, fire or similar civil emergency.
This proposal was presented to the Planning Board, and following a considerable discussion
between the Board members and Commissioner Harris, it was decided to unanimously
recommend denial of the ordinance as presented for special use. The Board agreed to have staff
redraft the proposal prohibiting this use, but maintaining the emergency exception that was a part
of the original proposal and move it to the Commission for review. In reconsidering the proposed
amendment it was felt that rather than incorporating the prohibition and penalty for violating the
prohibition in the land development code, it should be added to the City's Code of Ordinances.
Ordinance Reglliating Helipads
June 4,2013
Page 2 oJ2
Below are the following sections that are proposed to be amended and created.
Section 15-1 -Reserved Helipads and Helicopters
It shall be unlawful for any person to Derate a helipad or helistop, or for any
perSOll to takeoff and land any aircraft, including helicopters, or to employ su h a p I"son
for this purpose, or to order or request such activity, or to aid or abet such activity within
the jurisdictional boundaries of the City except in the case of police, fire or civil
emergencies, and then only when operate I under the supervision and authority of a
federal. state, county r municipal agency. The word person ' as use d in this ordinance
shaD include aU individuals and all entitie s, legal or otherwise.
(A} Penalty.
Any per son who violates this ordinance, the employer of such person, the person or entity who
orders or requests a landing that is in violation of this ordinance and all those who aid or abet
these pel'S ns in the v iol ati n of this ordinance shall each pay a fine of $ , or in an alTIOlmt
as may be listed in the City'S Schedule of Fees and Fines, for the first offense. Each incident
which is in violation of this ordinance shall constitute a separate offens. The fine for each
successive time the same person performs the offence, employs a violator. orders or requests a
landing in violation of this ordinance or who aids or abets a person in violation of this ordinance
shall be equal t twice the amount of the prev iou s fine .
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ORDINANCE NO. _______ _
An Ordinance amending the Code of Ordinances Section 15-1 -
Reserved, prohibiting the operation of helipads and the landing or
takeoff of helicopters or other aircraft within the city limits except in
the case of police, fire or similar civil emergency, and creating Section
15-1(A) titled "Penalty", to include penalties for violations.
9 WHEREAS, at the April 2, 2013 City Commission meeting, Commissioner Harris
10 requested that the City consider regulations which prohibit the operation of helipads within the
11 City; and
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13 WHEREAS, the City Commission is desirous of protecting the quality of life and
14 character of the residential neighborhoods by minimizing excessive sound decibel levels
15 produced by such aircraft; and
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17 WHEREAS, the City of South Miami is a designated bird sanctuary and landing and
18 takeoff of helicopters would have a detrimental effect; and
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20 WHEREAS, the City Administration researched the regulations enacted by neighboring
21 communities who regulate such uses; and
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23 WHEREAS, at their May 14, 2013 Planning Board meeting following a public hearing,
24 voted unanimously to recommend denial of a proposed ordinance that would consider heliports
25 as a special use approval, in favor of a prohibition of this use; and
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27 WHEREAS, the City Commission is desirous of amending the Code of Ordinances to
28 prohibit the operation of helipads and the takeoff and landing of aircraft, including helicopters,
29 within the city limits, except in the case of police, fire or similar civil emergency.
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31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
32 OF THE CITY OF SOUTH MIAMI, FLORIDA:
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34 Section 1. Section 15-1 of the City of South Miami Code of Ordinances is hereby
35 amended to read as follows; and Sections 15-1 (A) Penalty is hereby created:
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38 Section 15-1 -Reserved Helipads and Helicopters
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It shall be unlawful for any person to operate a helipad or helistop, or for any
person to takeoff and land any air craft, includin g helicopters. or to empl oy s uch a perso n
for this purpose, or to order or reguest such activity, or to aid or abet such activity within
the jmi sdict io na l boun da ri es of th e City exce pt in th e case of po Li ce . fir e or c ivil
emergenCIes, and then only when operated under the supervision and authority of a
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federal, state, county or municipal agency. The word "person" as used in this ordinance
shaUjj]c1ud e all individuals and all entiti es , legal or oth erwi
Penalty.
6 Any person who v io lates this ordinance , th e em pl oy r of such per s on, the p ers on or ent ity who
7 ord ers or requ es ts a landin g that is in vi l ation of thi s ordjn ance an d all th ose wh o aid or ab et
8 th ese persons in th e vi olat! n of thi s ordinan ce shall each p ay a fine of $ , or in an amOlUlt
9 as may be listed in the City's Schedule of Fees an d Fines , fo r the first offense . Each incident
10 which is in viol ation of tIll s ordin ance shall constitute a se parate ffense. Th e fi ne fo r ea ch
11 successive time the same pers on perf orm s th e offen ce , employs a v iol ator , orders or requ e ts a
12 landing in violation of this ordinance or who aids or abets a person in violation of this ordinance
13 shall be equal to twice the aIDOlmt of the previous fine.
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16 Section 2. Codification. The provisions of this ordinance shall become and be made
17 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
18 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
19 "ordinance" may be changed to "section" or other appropriate word.
20 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
21 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
22 shall not affect the validity of the remaining portions of this ordinance.
23 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
24 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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26 Section 5. Effective Date. This Ordinance shall become effective immediately upon
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PASSED AND ADOPTED this __ , day of ___ , 2013.
ATTEST:
CITY CLERK
1 st Reading:
2nd Reading:
APPROVED :
MAYOR
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READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
5 Commissioner Harris:
6 Commissioner Welsh:
7 CITY ATTORNEY
8
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Levell
Broward General Medical Center
Delray Medical Center
Florida Trauma Centers
As of March 29, 2013
Jackson Memorial Hospital/Ryder Trauma Center
Memorial Regional Hospital
Orlando Regional Medical Center
Shands Jacksonville TraumaOne
Shands at the University of Florida
Tampa General Hospital
Level II
Baptist Hospital Pensacola
Bayfront Medical Center
Blake Medical Center
Broward Health North
Halifax Medical Center
Holmes Regional Medical Center
Kendall Regional Medical Center
Lakeland Regional Medical Center
Lawnwood Regional Medical Center and Heart Institute
Lee Memorial Hospital
Regional Medical Center Bayonet Point
Tallahassee Memorial Hospital
Pediatric
All Children's Hospital and Bayfront Medical Center are joint Pediatric
Miami Children's Hospital
Level II and Pediatric
Sacred Heart Hospital
St. Joseph's Hospital
St. Mary's Medical Center
Provisional Trauma Centers
Level II
Bay Medical Center
Ocala Regional Medical Center
3/29/13
Legend
+ Levell
0 Level II
+ Level II and Pediatric
rot Pediatric
"* Provisional Level II
9 Acute Care Hospitals
03/29/2013
Florida Department of Health
Division of Emergency Preparedness and Community Support
Bureau of Emergency Medical Oversight
N
•
•
. .
W E . ,
s
., ~~ ......
o 50 100 200 Miles
I
Trauma Centers and
Acute Care Hospitals
Disclaimer: This thematic
map is for reference purposes .
Any reliance on the information
contained herin is at the
user's own risk. The Florida
Department of Health and its
agents assume no responsibility
for any use of the information
contained herein or any loss
resulting there from .
DRAFT
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Tuesday, May 14,2013
City Commission Chambers
7:30 P.M.
City of South Miami Ordinance No. 08 -06-1876 requires all lobbyists before engaging in any lobbying activities
to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44-08-1979. This applies to all
persons who are retained (whether paid or not) to represent a business entity or organization to influence "City"
action. "City" action is broadly described to include the ranking and selection of professional consultants, and
virtually all-legislative, quasi-judicial and administrative action.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The m eeting was called to order at 7:58PM
Pledge of Allegiance was recited in unison
II. Roll Call
Action : Dr. Whitman requested a roll call.
Board Members present constituting a quorum:
Dr. Whitman (Chairman), Ms. Fischer, Mr. Greiner, Dr. Philips and Mrs. Beckman.
Board Member absent: Mr. Fernandez, Dr. Hauri
City staff present: Mr. Christopher Brimo (Planning Director) and Mr. Marcus Lightfoot
(Zoning Review Coordinator).
City staff absent: Ms . Ti ffany Hood (Board Secretary).
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
IV. Public Hearings
1. PB-13-011
Applicant: City of South Miami
An Ordinance of the City of South Miami, Florida amending the land development
code Section 20-3.3(D) Permitted Use Schedule allowing helipads as a Special Use
within the TODD and H zoning use districts; creating Section 20-3.4(C) titled Special
Use Conditions -"Helipads", and Section 20-3.4(D) titled "Penalty", to include
regulations governing review, approval and operation of helipads; providing for
repeal; and providing for conflicts.
Applicant: City of South Miami
Dr. Philips read the it e m into the record.
TJ-I
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Mr. Brimo presented the item to the Board.
Motion: Mrs. Beckman motioned for Commissioner Harris to speak on this item. Dr. Philips
seconded the motion.
Vote: Yes 5, No 0
Mr. Greiner: Yes
Dr. Whitman: Yes
Mrs. Beckman: Yes
Dr. Philips: Yes
Ms. Fischer: Yes
The Board invited Commissioner Harris to the podium to speak.
Commissioner Harris stated the problems that occurred when Jackson South got a helipad and
the fact that the residents in the area were against it. He stated that he thought that there needed
to be something on the record that would protect the City if South Miami Hospital were to
become a trauma center, they wouldn't automatically get a helipad. Commissioner Harris, then
read Section 20-3.4(C)(3) aloud and asked if this statement was defeating the purpose of the
ordinance. The section read out is as follows:
"It shall be unlawful for any person to operate a helipad or to land any aircraft,
including helicopters, within the city limits at any time except at established
landing sites which have been approved by the City and licensed and certified
by the federal and state government in accordance with applicable statutes and
regulations. However, nothing in this section shall be construed to prohibit
landings by government agencies, landings for medical emergencies, and
landings by law enforcement officers in the performance of their law enforcement
duties. "
Mr. Brimo responded to Commissioner Harris' inquiry and stated that most communities may
outlaw helipads but have a provision that allows for the emergency use of helicopters.
Commissioner Harris then asked a question pertaining to the penalty of $1,000 per offense, and
stated that the hospital may decide to land the helicopters when necessary and pay the fine, of
which Dr. Whitman said that the Board could address.
Dr. Whitman then, asked the question of what would happen if the City were to do nothing. The
City has a permissive Land Development Code that takes the stance that if something is not
listed in the Land Development Code, then it is prohibited. Mr. Pepe agreed, stating that if it is
not permitted in the Land Development Code, then it is prohibited. Dr. Phillips then stated that if
the listed fine of $1 ,000 isn't going to be enough, then different numbers need to be used. Either
use proximity or height.
Dr. Whitman asked who decides who gets to become a trauma center. Mr. Brimo stated that it
would be the State of Florida
IN response to Dr. Whitman's question as to whether the City should just ignore helipads and not
create any language, Mr. Pepe stated that this was not a situation where it was a type of ancillary
TH
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use of the property. In this case it is not unusual for a hospital to have a helipad for emergency
purposes. Therefore, it would be better to regulate it oppose to ignore it.
Mr. Brimo then stated that Ms. Fischer found documents that state that as part of the PUD
revision in 1997, South Miami Hospital asked the City Commission for a helicopter landing pad
on the roof of their parking garage. Ms. Fischer stated that she has the backup of a noise analysis
that was done at that time; it was found that the decibel level was completely unacceptable to all
the people on Manor Lane. She then stated that it seems to her that all of this heavy lifting was
done back in 1997, as far as citizens coming out and making their thoughts known to the
Commission at the time. She also stated that at that time it was called a Helistop, you can read
and review this at your leisure. She then stated that there is an attorney's note here it says that the
applicant withdrew the helistop portion of the application at the public hearing. She stated that
after reviewing all of this, why we need to make the citizens come out again to do all of this
heavy lifting. She then stated that these loop holes too big and she would like to see the City
draft an ordinance to simply make it illegal to have any helipads except for the emergency
landings that was already discussed on any property or park when they need it. She also stated
her reasons that if we allow any entity to have this right of a helipad we are going to find that this
will be a continuous thing all day long. She stated that she lives under a flight pattern and the
noise is unbelievable.
Dr. Philips stated to Mr. Brimo what prevents different wording on another petition, can this
petition be redrafted. Mr. Brimo stated that if the Board recommends that we do not move
forward with the current language and rather to draft it as a prohibition and move it to the
Commission with the exceptions of the emergencies as enumerated within it.
Dr. Whitman stated that he wants to know the legal implications of an outright prohibition. He
then asked Mr. Pepe could the City be presented with a lawsuit from a hospital. Mr. Pepe
responded that he would need to research these specific circumstances.
The Chairman opened the public hearing.
There were no public comments.
The Chairman closed the public hearing.
Motion: Dr. Philips motioned for denial of the item as presented with recommendations for a
rewrite. Mrs. Beckman seconded the motion.
Vote: Yes 5, No 0
Mr. Greiner: Yes
Dr. Whitman: Yes
Mrs. Beckman: Yes
Dr. Philips: Yes
Ms. Fischer: Yes
V. Future Meeting Dates: June 11,2013
VII.
TH
Adjournment: Dr. Whitman adjourned the Planning Board meeting at 9:45 PM.
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