HomeMy WebLinkAboutAviation Letter~ Bilzin Sumberg
ATTORNEYS AV L.A'vV
April 13, 2011
Via Electronic Mail
City of Miami
Hearing Boards Section
Miami Riverside Center, Seventh Floor
444 S.W. Second Avenue
Miami, FL 33131
Attn: Anel Rodriguez
Steven J. Wemick, Esq.
Tel 305.350.7377
Fax 305.351.2275
swernick cC�bilzin.com
Re: Substantial Modification to 1700 Biscayne Blvd. MUSP/MDAD Land Use
Zoning and Airspace Analysis
Dear Mr. Rodriguez:
Enclosed herein please find a copy of an approval by the Miami -Dade Aviation Department
("MDAD"), dated April 8, 2011, of that certain Land Use Zoning and Airspace Analysis for the above -
referenced substantial modification to 1700 Biscayne Blvd MUSP (the "MUSP"). Based on the
available information included in the application, MDAD has determined that the land use and
applicable heights of the three proposed towers in connection with the MUSP are compatible with
operations at Miami International Airport and conform to the amended Miami International Airport
(Wilcox Field) Zoning Ordinance, as approved by the Miami -Dade County Commission in July 2007.
Please update your records to reflect this information. Thank you for your attention to this
matter.
Steven J. Wemick
Enclosure
cc: Tony Perez, City of Miami
A. Vicky Garcia Toledo, Esq.
MIAMI 2507107.1 7572834744
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue, Suite 2300, Miami, FL 33131-3456 Tel 305.374.7580 Fax 305.374.7593
TM
MIAMI INTERNATIONAL AIRPORT
Commercial Airport
Miami International Airport
General Aviation Airports:
Dade -Collier TraininS & Transition
Homestead General
Kendall•Tamiami 6cecullve
Opa•lucka
Opa-lodca West
April 8, 2011
Mr. James Goldstein
Brickell North Investments, Inc.
1475 W Cypress Creek Road, Suite 202
Fort Lauderdale, FL 33309
Miami -Dade Aviation Department
P.O. Box 025504
Miami, Florida 33102-5504
T 305-876-7000 F 305-876-0948
www.miami-airport.com
miamidade.gov
RE: Determination Number DN-11-03-529 Land Use Zoning and Airspace Analysis
for 1700 Biscayne Boulevard (Large Scale Application)
Dear Mr. Goldstein:
The Miami -Dade Aviation Department (MDAD) is in receipt of your submittal for a land use
zoning/airspace analysis and determination for three buildings located at 1700 Biscayne
Boulevard, Miami, Florida.
Land Use Review:
Based on the available information, MDAD has determined that a residential/hotel building
(Tower 1), residential building (Tower 2), and residential/hotel/office building (Tower 3) at
the referenced location is compatible with operations from Miami International Airport.
Airspace Review:
Our review finds that the maximum heights of 607 feet AMSL (Above Mean Sea Level) for
Tower 1, 450 feet AMSL for Tower 2, and 497 feet AMSL for Tower 3 at this location
conform to the amended Miami International Airport (Wilcox Field) Zoning Ordinance,
approved by the Miami -Dade County Commission on July 2007.
This height determination is an estimate issued on a preliminary or advisory basis. Please
note that as a preliminary height determination it does not constitute approval by MDAD for
construction until coordination and a "No -Hazard" determination from the Federal Aviation
Administration (FAA) is obtained. Please note, any proposed construction at this location
reaching or exceeding 200 feet AMSL (Above Mean Sea Level) is required to be filed with
the Federal Aviation Administration (FAA) using -Form 7460-1 -`Notice - of Proposed
Construction Alteration for Determination of Known Hazards'. In addition, any construction
April 8, 2011
Mr. James Goldstein
Page 2
cranes for this project at this location reaching or exceeding 200 feet AMSL must be filed by
the construction contractor using the same form. Thus, for any crane reaching or exceeding
200 feet AMSL, FAA form 7460-1 must be filed. The form is available through this office or
through the FAA website: https://oeaaa.faa.gov. This form should be mailed to: Federal
Aviation Administration, Air Traffic Airspace Branch - ASW-520, 2601 Meacham Blvd, Ft.
Worth, TX 76137-0520. Alternatively, the applicant may "e-file" online at
https://oeaaa.faa.gov. In addition, MDAD's Planning Division must review and approve the
construction cranes height and locations associated with this construction project. The crane
operator is required to complete a permissible crane height determination form which may be
found on the MDAD webpage at the following location: http://www.miami-.
aiiport.com/html/mia _planning forms and maps.html (select "Permissible Crane Height
Determination Form"). The completed form is to be submitted to MDAD's Planning
Division allowing for 5 days to review and approve the crane(s).
Based on the above, MDAD would not object to a proposed structure height that conforms to
the Miami International Airport (Wilcox Field) Zoning Ordinance as long as:
1) The FAA determines that the construction of a building at the above mentioned
height will not diminish or affect the safety, efficiency or capacity of the Miami
International Airport in any way; and
2) The FAA issues a "Determination of No Hazard" for this project and location;
and
3) An interested party does not file a "petition for review" to the FAA's aeronautical
study that has yet to be completed for this project and location.
Please note that the airspace review process is governed by two different regulations: the
Code of Miami -Dade County Article XXXVII, Miami International Airport (Wilcox Field)
Zoning, and Federal Regulation Title 14 Part 77. The FAA has its own airspace evaluation
requirements, and issues airspace determinations for structures and cranes based on the
particular facts then presented before the FAA. The County's Aviation Department or the
applicable municipal building official determines whether the County's height limitations are
met, and FAA determines whether FAA building, marking and height requirements are met.
It is the responsibility of the Aviation Department to administer and enforce the regulations
prescribed in the Miami International Airport (Wilcox Field) Zoning Ordinance.
Furthermore, please note that upon completion of this project, no Certificate of Use and
Certificate of Occupancy shall be issued by a municipality or Miami -Dade County until
approval is obtained by this office certifying -that the structure was built no higher that the
height approved by this letter. The approval shall be issued by this office after submittal by
April 8, 2011
Mr. James Goldstein
Page 3
applicant of the required information as outlined in the Miami International Airport (Wilcox
Field) Zoning Ordinance, Section 33-349 Airspace Approvals, Paragraph A,
Subsection 2.
This determination is based, in part, on the description provided to us by you, which includes
specific building locations and heights. Any changes in building locations/layouts or heights
will void this determination. Any future construction or alteration, including an increase to
heights requires separate notice to the FAA and MDAD.
Should you have any questions, please feel free to contact me at 305-876-8080.
Resp
JR/r
C:
os, R.A.
of Aviation Planning Section
Sunil Harman
Lourdes Slazyk, City of Miami
Antonio E. Perez, City of Miami
File Zoning