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HomeMy WebLinkAboutSubmittals at 07.20.2022 PZAB Mtg - MDAD Correspondencee5,01\kiA± .d '\- - r- c rd eon 671 2 ) PzAt, 5- MIAMI DADE AVIATION DEPARTMENT CORRESPONDANCE FROM: Miami -Dade Aviation Department between Miami Airline Liaison Office, Miami International Airport and City of Miami Planning Department. Nunez, Efren Subject: FW: MDAD's CRC Comments for Miami Freedom Park June 8th Meeting Attachments: MAAC Freedom Park Letter12-10-19.pdf; Memo to MDAD Freedom Park Update April 8 2022.pdf; Response Letter to ALO 7-5-22.pdf; Miami Freedom Park Preliminary LOD 01-22-2020.pdf From: Ramos, Jose A. (Aviation) <JRAMOS( FIyMIA.com> Sent: Tuesday, July 12, 2022 10:59 AM To: Hull, Lakisha <LHull@miarnigov.com>; Snow, David <dsnow@miamigov.com>; Ellis, Jacqueline <JEIIisPmiamigov.com>; Garcia -Pons, Cesar <cgarciaponsPrniamiRov.com> Cc: Finol, Ana (Aviation) <AFinol@FlyMlA.com>; Riaz, Ammad (Aviation) <ARiaz cr FIyMIA.com>; Bergeron, Renee (Aviation) <RBergeron@FlyMlA.com>; Escarral(gtlaw.com Subject: MDAD's CRC Comments for Miami Freedom Park June 8th Meeting CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning: Thank you for inviting the Aviation Department (MDAD) to participate in the City's June 8, 2022 virtual CRC meeting concerning the proposed Miami Freedom Park project. Due to the proposed project's proximity to Miami International Airport (MIA), and as a concerned stakeholder, MDAD appreciates being involved in the City's review process and welcomes opportunities to provide comments as the project evolves. Now that the City of Miami Commissioners have approved the location of the project, MDAD stands ready to continue to assist the City with its review and approval process of the structures so the City may ensure that the proposed stadium and its commercial buildings achieve compatibility with airport operations and zoning requirements prior to construction and the issuance of permits. The initial data submittal to MDAD from the developer's representatives in 2019 was limited to just a few points for a proposed stadium, with the proposed commercial buildings omitted from the review request. It is always MDAD's desire to analyze any development proposal holistically. Without having information concerning the commercial component, in the interest of completeness, MDAD provided comments for 131-acre parcel (see attached Preliminary LOD). Most of MDAD's concerns and recommendations referenced in this letter are still applicable. Of critical importance to MDAD is how the developer will address anticipated traffic congestion, the use of lights for the stadium complex and airport zoning impacts. MDAD has requested a declaration of restrictions from the developer, which among other things, prohibits certain uses and events. MDAD would like to have that draft covenant to review as soon as possible. As discussed during the June 8th CRC meeting, MDAD requests a revision of the stadium elevation plans to include GPS coordinates for the proposed i elevations. Also, MDAD continues to have concerns with proposed commercial structures which may be located within MIA's Outer Safety Zone (OSZ). The 131-acre Miami Freedom Park site is partially contained within MIA's 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. For your information, attached please find communications from MIA's Airport Liaison Office (ALO) which outline the airlines' concerns with the project and MDAD's response. May this email and the attached documents serve as MDAD's comments to the June 8th CRC meeting. Should you have any questions, please do not hesitate to contact me. Jose A. Ramos, R.A. Division Director Aviation Planning, Land -Use and Grants Miami -Dade Aviation Department P.O. Box 025504 Miami, FL 33102-5504 305-876-8080 Phone 305-342-9514 Cell 305-876-7630 Fax jramosaflyM IA.com www.iflvMlA.com Connect With Us on: Twitter I Facebook I Instagram I YouTube I Linkedin 2 MIAMI AIRLINE LIAISON OFFICE r+:.y .01 Sandra Cisneros — Officer -in -Charge 2045 W. North Ave, Ste 2B 312.498.4170 Chicago IL, 60647 December 10, 2019 Mr. Jose A. Ramos Division Director Aviation Planning Miami Dade Aviation Department Miami International Airport P.O. Box 025504 Miami, FL 33102-5504 VIA ELECTRONIC MAIL RE: Miami Freedom Park Development Dear Mr. Ramos, I am writing on behalf of the Miami Airport Affairs Committee (MAAC) to provide the Miami Dade Aviation Department (MDAD) with airline (including air cargo carrier) comments and to request additional information regarding the Miami Freedom Park Development (Freedom Park). We have outlined initial concerns expressed by the airlines based on the available information for the proposed Freedom Park and the data presented at the MDAD-hosted meeting held on Tuesday, November 5, 2019. The chief concern of the airlines is the potential for Freedom Park to adversely impact their ability to operate flights safely without the loss of operational capacity or efficiency and to impede roadway access to Miami International Airport (MIA) for passengers and employees. The proposed Freedom Park would be located less than one mile east of Runway 9-27, Miami International Airport's (MIA's) longest runway. This runway is especially critical for the many long haul operations departing MIA. To ensure operational safety, Runway 9-27's extended centerline must remain clear of obstructions as per FAA regulations and at this point it is not clear whether the Freedom Park development complies with this requirement. In addition, it is unclear whether or not Freedom Park will present obstructions to the One -Engine - Inoperable surface for all aircraft in the airlines' respective fleets. Beyond flight operations concerns, the airlines are also alarmed by the proximity and expected high volume of roadway traffic to Freedom Park and the expected congestion that could impede or delay access to MIA by passengers and airport employees. A number of destinations from MIA, including to South America, may have only one daily frequency, increasing the adverse impact to customers who miss a flight due to surrounding traffic congestion. Flight operations could be delayed or cancelled if crew or support staff cannot gain timely access to MIA. The following is a list of operating concerns compiled from airline input and requests for information regarding the proposed Freedom Park: Operating Concerns: • Miami ATC often uses a vector from the runway to avoid thunderstorm cells on departure. The stadium and additional buildings will restrict the available open departure headings, limiting capacity. Page 2 of 3 • Development of the stadium and facility may encourage further potentially disruptive development around the airport • Payload impacts from ancillary lighting, obstacle clearance, or alternate runway • Structural heights should not impede departure or arrival minimums or have any impact to revenue cargo • Light interference to pilots during night operations and potential for laser events • Restrictions which may be proposed to mitigate noise with the development of the proposed soccer stadium; instead noise levels associated with normal flight operations should be expected at the stadium The potential for increased drone activity, as evident at other stadiums in the country; drone usage is difficult to prevent and police • Event day vehicular traffic causing traffic delays to the airport and blocking airport access on Le Jeune Road • Potential for construction cranes to create obstructions, adversely affecting operations and impacting minimums; communication of crane UP/DOWN status will be critical • Potential for structures to interfere with navigational signals • Banner towing impacting air traffic arrivals and departures at MIA • Evaluation of proposed roofing material of Freedom Park structures should be required to ensure no light, including sunlight, is reflected into aircraft cockpits • Helicopter traffic • Potential loss of efficiency due to temporary flight restrictions during VIP events This preliminary list of concerns may be amended as additional information, analyses, studies are provided for review and/or airline participation surrounding the development of the stadium. Requests for Information: • A comprehensive traffic study analyzing current traffic, anticipated traffic at the airport and, upon completion, anticipated traffic related to the proposed Freedom Park • A copy of an airspace analysis and any airspace related coordination between the FAA and MDAD • Proposed structure plans and renderings for all facilities at Freedom Park with GPS coordinates and structure heights • The construction schedule and phasing for Freedom Park with details on how construction will be coordinated with MDAD and the airlines • An expected usage analysis of Freedom Park, inclusive of expected games and events • Confirmation that the construction will comply with the FAA's Advisory Circular 150-5300 13A, the One -Engine -Inoperable surface, and all Miami -Dade County Ordinances • Benchmark analyses and impacts of other airports with nearby stadiums • Recently approved MIA Zoning Amendment documents Outlined below are observed impacts at other airports with a stadium nearby: • LAX- The roof at the new Los Angeles Rams Stadium in Inglewood has been determined to cause multiple radar issues including duplicate targets for the same aircraft and inaccurate targets. After one year of debate and troubleshooting, the stadium finally agreed to purchase a secondary radar for LAX airport. • LAS- The new Las Vegas Raiders football stadium in downtown Las Vegas presents a significant impact to vehicular access to McCarran Airport LAS. The Raiders and LAS have not yet reached an agreeable solution for this problem. Page 3 of 3 PHX- FAA discovered they did not have the authority to prevent Arizona State University from detonating fireworks during football games at Sun Devil Stadium. PHX TRACON facility was forced to shut down landing access to the south runway complex at PHX due to firework usage. • SJC- San Francisco 49ers stadium in Santa Clara creates routine concerns for flight crews due to bright lights. The MAAC looks forward to continued engagement with MDAD and other airport stakeholders to ensure safe airport operations and reasonable access to the airport in light of the proposed Freedom Park. Respectfully, Sandra Cisneros Miami Airline Liaison Office CC: MAAC Chairperson, Kendra Kennedy MIA MAAC Ken Scarborough, Planning Technology, Inc. Lenore Diamond, American Airlines Airline Liaison Office Miami Airline Liaison Office Miami International Airport To: Miami -Dade County Aviation Department (MDAD) From: Miami International Airport Airline Liaison Office (MIA ALO) Date: April 8, 2022 Subject: Freedom Park Assessment from FAA Determination Letter — Update to the ALO letter dated December 10, 2019 The MIA ALO has reviewed the documents provided from the FAA and there isn't any specific analysis we can perform that would provide any additional information than what the FAA has included. As we interpret these documents the FAA has determined that the proposed light poles on the stadium which are the highest penetration to the PART 77 and other surfaces at the MIA do not represent any hazard to air navigation, other than requiring certain conditions relating to lighting them etc. The FAA has identified that some of the proposed lighttowers on top of the stadium do violate some Part 77 surfaces, specifically: • The MIA Horizontal Surface by 1 foot (for 9 of the proposed lights) • MIA Runway 9/27 Transitional Surface by 1 foot (2 of the 14 lights) They also identified an obstruction to the TERPS criterial that increases minimum instrument flight altitudes and specifically the Departure Surface. In their further analysis they state these obstructions would not increase the departure minimums and specifically no increase to the ceiling, visibility or climb rate. Typically, the airlines can best advise on the degree of impact to their operations from an obstacle particularly as it relates one engine out departure surface impacts (sometimes the required climb gradient can result in payload reductions or affect the range of the aircraft when using that runway). Where we have seen this before such as at ORD we typically have passed the obstruction information onto the airlines themselves for their subject matter experts and engineering departments to run through their models and determine how significant the impact would be. There are some other items that could be issues in the future once the stadium is in place or during its construction, issues we have previously raised with MDAD and the BCC with our first letter of concerns dated December 10, 201.9. First related to traffic during stadium events since the location is directly adjacent to the primary public entrance to the airport which likely will increase congestion and from an environmental standpoint could result in increased emissions that could reflect negatively on the airport in future EA/EIS type analysis or drive additional mitigation measures. Lighting — depending on the orientation of the lights, materials used in construction of the stadium etc. there is the possibility that even though the lights would be aimed down into the stadium they could have reflection or other issues that would be distracting to pilots on approach to Runway 27 and possibly other runways as well. Potential temporary impacts during construction — The FAA has analyzed the completed final points of the structure, there will be a separate airspace analysis required to evaluate temporary impacts due to Page 2 of 2 construction. It is likely that construction of the stadium will require the use of cranes whose height will exceed that of the final lights. Depending on the location of these cranes there could be impacts to operations at MIA and on Runway 9/27 from the cranes that would be more significant than what results from the completed building. These are difficult and/or challenging to identify or assess at this time, without more specific information on the height and locations of the cranes. Our recommendation is effectively for the airlines to socialize this issue with subject matter experts related to operational procedures that may need to be modified based on the FAA's determination letter, MDAD's concerns, and the ALO's initial assessment. Respectfully, • Sandra Cisneros MIA ALO IAINO I TGRNAT!QNAL AIRPORT Commercial Airport: Miami international Airport ceeeraf AvfatiorlA€rpnrta Dacia-CaillorTralttiTrg F Tritlisr6birAirport Miami Homestead General Aviation Airport Miami EAecrutive Airport Miami-Opa Lucka Ex1...crrlive Airport July 5, 2022 Ms. Sandra Cisneros Miami International Airport Airline Liaison Office (MIA AL,O) 5200 NW 21 st Street, Terminal E 2nd Floor, Room # E2573 Miami, FL 33122 Miami -Dade Aviation Department R.O. Box 025504 Miami, Florida 33102 T 305-876-7000 F 305-876-0948 www. m f i1 flit -a i rport. com RE: Status of Miam Freedom Park Project and Response to April 8, 2022 Memo Dear Ms. Cisneros: miamidade.gov This is to acknowledge receipt of your memo dated April 8, 2022, in which you identified the airlines' issues concerning the Miami Freedom Park ("MFP") project, a proposed soccer stadium and commercial development to be located on. City of Miami property at 1400 NW 37 Avenue. The Miami -Dade Aviation Department ("MDAD") understands and shares the airlines' concerns. The purpose of this letter is to show the actions MDAD has taken to address these issues and provide you with the available project related documents you requested. As you may be aware, on April 28, 2022, the City of Miami ("the City") commissioners voted 4-1 in support of the Miami Freedom Park project. Your memo states that the airlines have concerns that the project may adversely affect their ability to operate flights safely without the loss of operational capacity or efficiency and impede roadway access to Miami International Airport (MIA). In addition, you state that the airlines have expressed concerns over potential light impacts which may emanate from the project's roofing material as well as the potential for construction cranes to create obstructions which would adversely affect flight operations. Furthermore, the memo mentions the airlines` concerns over stadium events which may generate helicopter traffic, banner towing, lasers and light interference, drone usage and potential noise mitigation regulations which may impact flight operations. Due to the proposed project's proximity to MIA, MDAD has carefully monitored the status of the proposed project through media reports and has taken a proactive approach to analyzing the conceptual plans and conducting airspace analyses based an the available information provided by the developer's representatives. On. July 2, 2019, MDAD met with the developer's Ms, Sandra Cisneros July 5, 2022 Page 2 representatives from Greenberg Traurig and Arquitectonica to discuss the project and its impacts. In that meeting, MDAD explained that the proposed development must be compatible with airport operations and cannot compromise safety or airport viability. The developer is well aware that all uses on the parcel are required to comply with federal, state and local aviation regulations, including the Code of Miami -Dade County, Chapter 33 as it pertains to airport zoning. On November 5, 2019, MDAD hosted a meeting with the airlines, to discuss the potential impacts of the proposed project. On January 22, 2020, MDAD issued its preliminary letter of determination which identified issues and made recommendations. On February 20, 2020, at the County mayor's request, MDAD finalized a report which addresses potential impacts to airport operations, primarily focusing on aircraft operations, airspace, and land use compatibility. On June 7, 2022, MDAD participated in the kick-off traffic methodology meeting. MDAD provided the attorneys representing the developer a copy of your April 8th memo as well e list of its own concerns. On June 8, 2022, MDAD participated in the City's virtual Coordinated Review Committee ('CRC") Meeting providing comments regarding the proposed elevation and site plans. A subsequent update on the status of the project will be submitted to the Board of County Commissioners on July 7, 2022. It should be noted that most the airlines' concerns regarding traffic, stadium lighting, event impacts and construction cranes were outlined in MDAD's Preliminary Airspace and Land -Use Fetter of Determination and subsequent analytical report. Concerning traffic congestion, MDAD's preliminary letter of determination states "As per Miami - Dade County's Comprehensive Development Master Plan Aviation Subelement 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." MFP is conducting a traffic methodology study. MFP held the kick-off meeting for the traffic methodology study on June 7, 2022 with representatives from the Florida Department of Transportation, the Miami Expressway Authority, the City and MDAD. Your April 8, 2022 memo along with MDAD's comments regarding traffic concerns were presented to Ms. Iris Escarra, the attorney representing the developer, after the meeting. Concerning lighting, MDAD's preliminary letter of determination states "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." Ms. Sandra Cisneros July 5, 2022 Page 3 Concerning stadium event impacts, MDAD's preliminary letter of determination states "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. • The entire stadium inclusive of all corridors, circulation and ancillary spaces must be outside of the Outer Safety Zone. • 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 laser 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" As for the potential for construction cranes to create obstructions, MDAD stated in its preliminary letter of determination, "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. Alt construction cranes for this project at this location must be filed by the construction contractor using FAA form 7460-1. MDAD will also need to review and approve the construction cranes heights and locations associated with this construction project." The following list contains your request for project related records. The attachments contain the current project information, which may be subject to future revisions. Please note, at this time, not all the records you have requested are available. 1. A comprehensive traffic study analyzing current traffic, anticipated traffic at the airport and, upon completion, anticipated traffic related to the proposed Freedom Park (See attached Exhibit 1: Traffic Report and Summary, Methodology and MDAD's Comments from Methodology Kick -Off Meeting). 2. A copy of an airspace analysis and any airspace related coordination between the FAA and MDAD (See attached Exhibit 2: MDAD-Issued Preliminary Airspace Land Use Letter of Determination, Drawing Comparing Points Studied by MDAD and FAA, MDAD's Ms. Sandra Cisneros July 5, 2022 Page 4 Objection Letter to FAA, MFP's Revised Survey, MDAD Analysis of Revised Elevations, Memo to MDAD Director). 3. Proposed structure plans and renderings for ail facilities at Freedom Park with GPS coordinates and structure heights (See attached MFP's CRC Submittal 5-26-22 drawings specifically: A-16 — Height Limitations, A-61 & A-62- Stadium Elevations and A-73 — Parking Garage Elevations). The elevations and locations of the proposed commercial buildings were not included in the project book. Note, during the June 8, 2022 City of Miami virtual CRC Meeting, MDAD requested a revision of the stadium elevation plans to include GPS coordinates for the proposed elevations. 4. The construction schedule and phasing for Freedom Park (See attached Exhibit 4: PPD- 2, Economic Impact Analysis) with details on how construction will be coordinated with MDAD and the airlines. According to the June 2020 Economic Impact Analysis (Exhibit PPD-2) the phases of the proposed development are estimated to occur over a 7- to 10- year development period (although the stadium is estimated to be completed within 36+ months from project commencement). The attorney for the developer provided the following tentative schedule for the City's Masterplan/SAP Approval: • City of Miami Staff Review pending — 2-4 months • Traffic Report re -submittals, coordination with City, County, State — 8-10 Months a Coordinated Review Committee (CRC) — June 8, 2022 • City Public Hearings; Urban Design Review Board (UDRB), Planning Zoning Appeals Boards (PZAB), City Commission First Reading, State of Florida DEO Review, City Commission Second Reading, approximately 6-8 months (estimated dates if no deferrals by the Boards), • Special Area Plan Approval estimated First Quarter of 2023 • FAA re -submittal of stadium points — after SAP Approval — within 2 weeks * MDAD re -submittal of complete package — upon receipt of FAA approval MDAD's updated report is based on the most recent printed information made available to the public through a Special Area Plan ("SAP") Concept Book, which was published on June 20, 2020, and updated on May 7, 2021. It can be viewed at: https://miamifreedomoark.com. Currently, the City's Masterpian / SAP Approval includes detailed site plan for the Stadium and Garage only. All other buildings are depicted for demonstrative purposes. The SAP anticipates that each subsequent building will need to independently pursue its only site plan review process for compliance with the Code. All construction cranes for this project at this location must be filed by the construction contractor using FAA form 7460-1. MDAD will also need to review and approve the construction cranes heights and locations. Upon completion of the project, no Certificate of Use or Certificate of Occupancy shall be issued by Miami -Dade County until approval is obtained from MDAD certifying that the structure was built no higher than the height approved. Ms. Sandra Cisneros July 5, 2022 Page 5 5. An expected usage analysis of Freedom Park, inclusive of expected games and events has not been provided. 6. Confirmation that the construction will comply with the FAA's Advisory Circular 150-5300 13A, the One -Engine -Inoperable surface, and all Miami -Dade County Ordinances. Please see the attached MDAD-Issued Preliminary Airspace and Land Use Letter of Determination which states that the developer must comply with federal, state and local aviation regulations. 7. Benchrnark analyses and impacts of other airports with nearby stadiums. (See MDAD's January 22, 2020 DRAFT Airspace and Land Use Impacts from Proposed Miami Freedom Park Development" (Pages 18-24), These draft case studies were developed by MDAD's airspace consultant while preparing MDAD's report. 8. Zoning Ordinances and maps (see attached). MDAD rooks forward to continued dialog with the Airlines Liaison Office to ensure that the project is as complementary with airport arid flight operations as much as possible. Should you have jestions, please feel free to contact me at 305-876-8080, Jos ' A. Ramos, R.A., LEED AP Divi ion Director Aviation Planning, Land -Use & Grants C: K. Pyatt A. Finol J. Marin-Urrea J, Deblois A. Riaz R. Bergeron MIAMI INTERNATIONAL AIRROAE Coronierctat Airport; Miami intertratioire Airport. General Aviation Airports: Dade -Cater Trint ping A Trartgition Airport MIa Homestead Geporat Aviation Airport Miami Executive Airport tiAl.rtnti•ON I ocira Fvi4No Airport January 22, 2020 Ms, Katie Doyle Capitol Airspace Group 5400 Shawnee Road, Suite 304 Alexandria, V.A 22312 Miami -Dade Aviation Department P.O. Box 025.504 Miami, Florida 33102 T 305-876-7000 F 305-876-0948 www.miami-airport.com miamidade.gov RE: Determination Number DN-1.942-294'7 Preliminary Land-Use/Airspace Analysis for the 131-Acre Site of the Proposed "Mimi Freed.orn Park" project located at 1400 NW 37 Avenue, Miami, FL 33137 (Folio Ntunber0-1-3132-000-0080) 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 1.400 NW 37 Avenue. in Miami, Florida. In addition to the 25,000-seat stadiurn, it has been reported that the Miami Freedom. Park, designed by AxquitectOnica, will include 750 hotel rooms, at least 1 million. square feet of office, retail and conunercial space, numerous soccer 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 normal 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 Subelement 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 Tanuary 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 hors, 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 roofs 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 clay 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 fallowing 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 .L.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 form is available through the FAA website: https://oeaaa.faa.gov where the contractor may e-file the information. Because ofthe 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 stad.ium's corridors, circulation and ancillary spaces for the proposed stadium must be completely outside the OSZ. 2. The developer reduces the height ofthe stadium so that it complies with Article XXXVII of Chapter 33 of the Code ofMiami-DadeCounty 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 teims 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 laser 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 form 7460-1, The form is available through the FAA wcbsite: 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 information as outlined in Section 33-349(A)(2)." The analysis in this letter is based, in part, 0.11 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 cons -notion o.r 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 stadiurn 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 rnust be submitted by the applicant prior to the expiration date. At such time,. staff wi.i re-evaluate the application or structure to determine 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 ys eve any questions, please feel free to contact me at 305-S76-8080. os, R.A., LEED AP ector Aviation Planning, Land -Use & Grants C; • L. Sola K. Pyatt P. Hernandez A. Riaz D. Murray Dennis Kerbel, County Attorney's Office Nathan Kogan, Department of Regulatory & Economic Resources Jerzy Bell, Department of Regulatory &..Economic Resources Francisco J. Garcia, City of Miami Planning and Zoning Department Jacqueline Ellis, City of Miami Planning & Zoning Department Elren. Nunez, City of Miami Planning & Zoning Department Jacob Keirn, City of Miami Planning & Zoning Department