HomeMy WebLinkAboutMiami-Dade Aviation Department Preliminary Land-UseAirspace Analysis – Letter dated 01-22-2020M
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MIAMI INTERNATIONAL AIRPORT
Commercial Airport:
Miami International Airport
General Aviation Airports:
Dade -Collier Training & Transition Airport
Miami Homestead General Aviation Airport
Miami Executive Airport
Miami-Opa Locka Executive Airport
January 22, 2020
Ms. Katie Doyle
Capitol Airspace Group
5400 Shawnee Road, Suite 304
Alexandria, VA 22312
Miami -Dade Aviation Department
P.O. Box 025504
Miami, Florida 33102
T 305-876-7000 F 305-876-0948
www.miami-airport.com
miamidade.gov
RE: Determination Number DN-19-12-2947 Preliminary Land-Use/Airspace Analysis for the
131-Acre Site of the Proposed "Miami Freedom Park" project located at 1400 NW 37
Avenue, Miami, FL 33137 (Folio Number 01-3132-000-0080)
Dear Ms. Doyle:
The Miami -Dade Aviation Department (MDAD) is in receipt of your submittal for a preliminary
land-use/airspace analysis and determination for a proposed soccer stadium to be located on a
portion of the 131-acre City of Miami owned Melreese Golf Course and Country Club. The site
is roughly bounded by NW 42 Avenue, NW 14 Street, NW 37 Avenue and South of NW 21
Street and the address is 1400 NW 37 Avenue in Miami, Florida. In addition to the 25,000-seat
stadium, it has been reported that the Miami Freedom Park, designed by Arquitectonica, will
include 750 hotel rooms, at least 1 million square feet of office, retail and commercial space,
numerous soccer fields, and 58 acres allocated for a public park. The proposed stadium would
have a range of heights with the highest point having a maximum elevation of 160 feet Above
Mean Sea Level (AMSL). The site is located immediately east of Miami International Airport
(MIA) beneath a flight path of aircraft landing on MIA's Runway 27 or departing from Runway
9. As such, it would experience frequent and direct overflights from commercial air traffic at
very low altitudes.
In the interest of completeness, MDAD is providing the following preliminary comments for the
131-acre parcel:
Land Use Review:
Any proposed development this close in proximity to MIA warrants special attention in the
planning process, as it is important to assess any potential safety issues; avoid any potential
restrictions on airport operations; and to provide for quick and efficient access to the airport for
Ms. Katie Doyle
January 22, 2020
Page 2
all users. All land uses adjacent to MIA must be compatible to ensure that their capacity and
function are complementary with airport and flight operations.
Please be advised that the site is partially or fully impacted by the following airport land use and
noise compatibility restriction zones referenced in Article XXXVII of Chapter 33 of the Code of
Miami -Dade County Airport Zoning (Airport Zoning Code), Sec. 33-333:
The 131-acre Miami Freedom Park site is partially contained within the Outer Safety Zone
(OSZ). Within the OSZ, new residential construction, educational facilities, hospitals, religious
facilities, and other buildings for public assemblage, shall be prohibited. In no event shall these
prohibitions be varied with respect to MIA. It is provided, however, that aviation -related
schools, hotels and motels and their ancillary uses, and structures used in connection with public
transportation shall not be subject to this prohibition. Uses prohibited in the Critical Approach
Zone (CAZ) shall also be prohibited in the OSZ.
The sketch submitted by the developer depicts only the stadium with no other information except
for building elevation points. The sketch locates the stadium adjacent to the OSZ. Even though
the stadium appears to be outside of the OSZ, the fact that it abuts a safety zone is concerning.
Before MDAD can evaluate the impacts, the applicant must submit floor plans inclusive of all
corridors, circulation and ancillary spaces for the proposed stadium. MDAD is tasked with
protecting the public health, safety and welfare by limiting the type and densities of land use
activities in high risk safety areas near runway ends. The FAA entrusts MDAD to be the
enforcing agency and do all within its powers to not permit incompatible uses in close proximity
to the airport. By accepting federal grants, MDAD agrees to maintain and operate the airport in a
safe and efficient manner. Acceptance of the grant invokes certain conditions and assurances
with which MDAD must comply. FAA Grant Assurance Number 21 states that the sponsor "will
take appropriate action, to the extent reasonable, including the adoption of zoning laws, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with norural airport operations, including landing and takeoff of aircraft."
MDAD relies heavily on grants from the FAA to develop and operate MIA. To encourage the
encroachment of incompatible uses may jeopardize future grants.
It should be noted that the airlines have expressed concern with the anticipated high volume of
roadway traffic to Miami Freedom park as well as the expected congestion that could impede or
delay MIA passengers and airport employees. Scheduled flight operations could be cancelled if
crew or support staff cannot gain timely access to MIA. As per Miami -Dade County's
Comprehensive Development Master Plan Aviation Subelernent Policy AV-4A, MDAD must
give priority consideration to on -site and off -site roadway capacity enhancements that provide or
will improve airport access. As such, MDAD expects the developer to mitigate traffic impacts
especially to the main access points at MIA which must remain unimpeded. The traffic for the
stadium must not disrupt airport operations. MDAD must do everything it can to protect MIA's
capacity. Capacity planning typically relates to standard operating conditions. If operating
conditions are not optimal, then they have a negative impact on capacity. When MIA is operating
Ms. Katie Doyle
January 22, 2020
Page 3
at levels near to its theoretical capacity, then any disruption results in delays. These delays have a
significant cost, thus reinforcing the need to maximize capacity.
The 131-acre Miami Freedom Park site is partially contained within the Critical Approach
Zone (CAZ). The following uses shall be prohibited within this zone: Hospitals, stand-alone
emergency rooms, urgent care facilities, skilled nursing facilities, assisted living facilities, adult
day care facilities, day nurseries, and educational facilities, excluding aviation -related schools;
establishments or uses that emit smoke, gases, or dust in quantities or densities sufficient to
jeopardize the safe use of the airport; establishments or uses that create electrical interference
with radio communications between the airport and aircraft; make it difficult for aircraft pilots
and tower control operators to distinguish between airport lights, aircraft and others; result in
glare in the eyes of aircraft pilots using the airport, or tower control operators; impair visibility in
the vicinity of the airport; or otherwise endanger the landing, taking off, or maneuvering of
aircraft; landfills, as defined in section 403.703, Florida Statutes; and any associated uses that
attract or sustain birds and bird movements. In no event shall these prohibitions be varied.
In light of the above Code imposed restrictions, MDAD has serious concerns that the proposed
soccer stadium lighting, the proposed numerous practice fields' {an estimated 24 acres) lighting,
and LED screens/scoreboards will create visual distractions for pilots. Miami Freedom Park's
publicly advertised promotional renderings emphasize large luminous LED panels and glowing
lights emanating from the stadium. Light emissions are often caused by lights that shine upwards
in the flight path. A pilot's ability to identify an airport during low-level flight altitudes can be
hindered by emissions during evening hours, storm events or times of reduced visibility such as
fog. Bright lights, including laser lights are a major concern because they are distracting and can
cause a blurred or momentary loss of vision for pilots as they pass from darkness into well -lit
areas. The lights and glare from the stadium could prevent controllers from seeing aircraft on the
final approach to Runway 27 or even taxiing in the South Terminal Area. There may also be
potential safety concerns with the stadium's use of signage, fireworks, and helicopters.
The publicly advertised promotional renderings of the stadium appear to depict an illuminated
roof or reflective roof. The assumed reflective nature of the roof is also a serious concern for
MDAD. Glare produced from reflective surfaces can blind or distract pilots during low-level
flight operations. The developer will need to evaluate the angle of reflection from the stadium
relative to the angle of approach/departure that aircraft may take upon ascent and descent from a
runway surface. Additionally, the amount of sun exposure to the roof's reflective surface may
also have a negative impact. The developer must be able to demonstrate to MDAD that all
lighting associated with the stadium and practice fields does not negatively impact airport
operations.
The 131-acre site is fully contained in the 65-to-74 DNL Noise Compatibility Restriction
Zone. The 65-to-74 DNL Zone is a contour depicting concentrations of aircraft noise around an
airport based on day and night noise levels averaged over a year at 65-to-74 decibels. New
residential construction and educational facilities shall incorporate at least a 25-decibel outdoor -
to -indoor Noise Level Reduction (NLR) into design and construction.
Ms. Katie Doyle
January 22, 2020
Page 4
Airspace Review:
Our review of the plans and data provided finds that the range of architectural elevations,
referenced in the table below, with a maximum elevation of 160' AMSL/NAVD88 for the
proposed project, does not conform to the requirements of the Airport Zoning Code. The height
reference is an estimated height provided by you on behalf of the developer, therefore this letter
is issued on a preliminary or advisory basis. The impacts are noted in the following table:
LOCATION
HEIGHT
REQUESTED
MAXIMUM
CODE
ALLOWED
HEIGHT
EXCEEDS MIA
HEIGHT ZONING
BY:
Pt. 1
Lat: 25° 47' 37.08"
160 ft. AMSL
160 ft. AMSL
Long: 80° 15' 43.23"
Pt. 2
Lat: 25° 47' 37.31"
160 ft. AMSL
160 ft. AMSL
Long: 80° 15' 36.63"
Pt. 3
Lat: 25° 47' 34.05"
160 ft. AMSL
138.19 ft. AMSL
21.81 ft. AMSL
Long: 80° 15' 35.93"
Pt. 4
Lat: 25° 47' 32.68"
140 ft. AMSL
138.75 ft. AMSL
1.25 ft. AMSL
Long: 80° 15' 35.62"
Pt. 5
Lat: 25° 47' 30.89"
114 ft. AMSL
115.17 ft. AM.SL
Long: 80°15' 35.24"
Pt. 6
Lat: 25° 47' 29.74"
103 ft. AMSL
103.25 ft. AMSL
Long: 80° 15' 41.64"
Pt. 7
Lat: 25° 47' 32.00"
135 ft. AMSL
123.81 ft. AMSL
11.19 ft. AMSL
Long: 80° 15' 42.13"
Pt. 8
Lat: 25° 47' 33.72"
160 ft. AMSL
123.16 ft. AMSL
36.84 ft. AMSL
Long: 80° 15' 42.50"
The developer is required to lower the height of the proposed stadium to be in compliance with
the Airport Zoning Code. The Miami Freedom Park site is outside of any Airport Height
Variance Eligible Areas, so no height variances are allowed. Miami -Dade County's
Ms. Katie Doyle
January 22, 2020
Page 5
Comprehensive Development Master Plan Aviation Subelement Policy Objective AV-3 requires
MDAD to minimize hazards and obstructions to airspace and ground operations so as to protect
the safety and welfare of aircraft users/operators and residents of Miami -Dade County in order to
assure the economic vitality, safety, efficiency and capacity of the airport system.
MDAD and aviation industry stakeholders are concerned with the impact to aircraft operations
from 1-2 years of construction cranes for the stadium and its mixed -use development. All
construction cranes for this project at this location must be filed by the construction contractor
using FAA form 7460-1. The fold' is available through the FAA website: https://oeaaa.faa.gov
where the contractor may e-file the information. Because of the development proximity to MIA,
this office will also need to review and approve the construction cranes heights and locations
associated with this construction project.
Based on the information provided, MDAD cannot approve the current submission of the project
since the proposed structure exceeds MDAD's established airport zoning height restrictions at
the referenced locations. In addition, the proposed stadium lights may create a visual distraction
which can threaten the safety of aircraft operations. MDAD maintains that any proposed
development in close proximity to MIA must be compatible with airport operations and cannot
compromise safety or airport viability. In order to properly analyze the project, MDAD will need
the developer to resubmit the data and plans to reflect the development for the entire site. MDAD
will not be able to provide a final determination on the project until the following occurs:
1. The developer submits a fully developed site plan which depicts the stadium, numerous
soccer practice fields and lighting, and ancillary mixed -use development. The stadium's
corridors, circulation and ancillary spaces for the proposed stadium must be completely
outside the OSZ.
2. The developer reduces the height of the stadium so that it complies with Article XXXVII
of Chapter 33 of the Code of Miami -Dade County Airport Zoning.
3. The FAA issues "Determination of No Hazard to Air Navigation" for the stadium.
4. The project is required to comply with all applicable federal, state and local aviation
regulations, including the Airport Zoning Code.
5. MDAD respectfully requests a proffered covenant running with the land in the re -
submittal application package. The terms of the covenant should include, but not be
limited to the following:
• An avigation easement. MDAD cannot be responsible for noise generated from
frequent and direct overflights of commercial air traffic at very low altitudes
which may create an uncomfortable environment for both fans and players alike.
• The entire stadium inclusive of all corridors, circulation and ancillary spaces
must be outside of the Outer Safety Zone.
Ms. Katie Doyle
January 22, 2020
Page 6
• The architect's plans must illustrate mitigation of any light emissions for the
stadium, numerous practice fields, and video boards.
• The exterior of the stadium and roof are required to contain materials that are not
reflective or can degrade the airport's surface radar signals and strength.
• Prohibition of drone, radio -controlled aircraft and balloons, restrictions on
helicopter, blimps and banner towing aircraft, prohibition of fireworks, smoke
machines and Iaser light shows.
• Prohibition of establishments or uses that emit smoke, gases or dust in quantities
or densities sufficient to jeopardize the safe use of the airport.
• The stadium's electronic gear cannot interfere with radar, voice communications
and other navigational aids to aircraft.
• Prohibition of any associated uses that attract or sustain birds and bird
movements.
• Provide traffic mitigation
Any real estate transactions of the parcel are subject to the airport land use and noise
compatibility restriction area disclosure statement refenced in the Airport Zoning Code.
All construction cranes for this project at this location must be filed by the construction
contractor using FAA foam 7460-1. The form is available through the FAA website:
https://oeaaa.faa.gov where the contractor may e-file the information. Because of the
development proximity to MIA, this office will also need to review and approve the construction
cranes heights and locations associated with this construction project.
Please note that the airspace review process is governed by two different regulations: the Airport
Zoning Code 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. MDAD determines whether the County's height
limitations are met, and the FAA determines whether FAA building, marking and height
requirements are met. It is the responsibility of MDAD to administer and enforce the regulations
prescribed in the Airport Zoning Code.
As per the Code of Miami -Dade County, Chapter 33, Article XXXVII, Airport Zoning Section
33-336 - Conflicting Regulations:
"Nothing contained in this article shall be interpreted to conflict with or supersede any
federal regulation pertaining to the control of airport hazards, except in those instances in
which this article imposes lower height limitations or more stringent restrictions upon the
use of land or water than are imposed or required by other County ordinance or
resolution, or federal rules or regulations, in any of which instances the provisions of this
article shall govern. Furthermore, please note that upon completion of this project, no
Certificate of Use or Certificate of Occupancy shall be issued by Miami -Dade County
Ms. Katie Doyle
January 22, 2020
Page 7
until approval is obtained from MDAD certifying that the structure was built no higher
than the height approved by this letter. The approval shall be issued by this office after
submittal by applicant of the required infortiiation as outlined in Section 33-349(A)(2)."
The analysis in this letter is based, in part, on the information you provided which includes the
stadium location with eight points to indicate the height of the structure at specific locations.
Any changes in building locations/layouts or heights will void this analysis. Any future
construction or alteration, including an increase to heights requires separate notice to the FAA
and MDAD.
MDAD respectfully requests that you resubmit the project to MDAD to include a revised site
plan depicting the stadium with its ancillary mixed -use development as well as addressing our
comments. This preliminary determination expires one year from the date of issuance unless
extended, revised or terminated by MDAD's Aviation Planning, Land -Use and Grants Division.
Any requests for an extension of the effective period of this determination must be submitted by
the applicant prior to the expiration date. At such time, staff will re-evaluate the application or
structure to deteiniine if any significant changes to the structure and/or to the review criteria
have occurred. MDAD's Aviation Planning, Land -Use and Grants Division will then decide if
the determination in this letter may be eligible for an extension of the effective period.
Should y. ave any questions, please feel free to contact me at 305-876-8080.
mos, R.A., LEED AP
irector Aviation Planning, Land -Use & Grants
. Sola
K. Pyatt
P. Hernandez
A. Riaz
D. Murray
Dennis Kerbel, County Attorney's Office
Nathan Kogan, Department of Regulatory & Economic Resources
Jerry Bell, Department of Regulatory & Economic Resources
Francisco J. Garcia, City of Miami Planning and Zoning Department
Jacqueline Ellis, City of Miami Planning & Zoning Department
Efren Nunez, City of Miami Planning & Zoning Department
Jacob Keirn, City of Miami Planning & Zoning Department