File #: LN-560    Version: Name:
Type: PZB Submission Status: Regular Agenda Ready
File created: 1/22/2024 In control: Planning and Zoning Board
On agenda: 11/20/2024 Final action:
Title: COUNTY ENVIRONMENTALLY SENSITIVE LANDS MAP AMENDMENT
Attachments: 1. DRC Documents_02.07.2024.zip, 2. ESL Application with attachments.pdf, 3. 00 Staff Report.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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boardname

PLANNING AND ZONING BOARD

Meeting Date: NOVEMBER 20, 2024

 

title

COUNTY ENVIRONMENTALLY SENSITIVE LANDS MAP AMENDMENT

 

projectinfo

Request:                     Land Use Plan Amendment (LUPA) for Environmentally Sensitive Lands Map

P&Z#                     24-92000002

Owner:                     City of Pompano Beach

Project Location:                     1670 & 1502 NE 5 AV

Folio Number:                     484225000010 & 484225000060

Land Use Designation:                     OR (Recreation Open Space)

Zoning District:                     PR (Parks and Recreation)

Commission District:                     2 (Rhonda Sigerson-Eaton)

Agent:                      Steve Rocco (954-786-4135 / steve.rocco@copbfl.com)

Project Planner:                     Jean Dolan (954-786-4671 / jean.dolan@copbfl.com)

 

otherinfo

A.  Request

The City is the Applicant to amend the County’s Environmentally Sensitive Lands (ESL) Map to remove the wooded areas on the Airpark airfield.  The process for amending this plan is similar to a Land Use Plan Amendment because the ESL Map is adopted within both the Broward County and the City’s Comprehensive Plans.

 

B. Applicant’s Rationale for the Proposed Amendment

 

The dominant reason to remove these wooded areas from the ESL Map is that wildlife habitat and large stands of trees are incompatible with aviation operations and pose a safety hazard.

 

The secondary reason to remove these areas is because they have not been and will not be maintained in a condition that would make them eligible for preservation according to the County’s criteria for a Local Area of Particular Concern (LAPC) designation. A Natural Resources Assessment (NRA) was completed in June 2023, which included field reconnaissance. This site assessment delineated the project site as sand pine with scrub species also present. This vegetative community, however, is not being maintained (lack of fire) and there was a relatively high percentage of exotic vegetation present (Brazilian pepper, earleaf acacia, etc.). Based on the exotic invasion present, especially within the two areas located west of Runway 15-33, these areas would likely not qualify as a Local Area of Particular Concern.

 

In accordance with the Broward County Land Use Plan, Implementation Regulations and Procedures, Section 7(g) Local Areas of Particular Concern (LAPCs) fall into one of 6 categories.  The “Native Vegetative Communities Category” would apply to the wooded areas on the Airpark.  To be designated as an LAPC, these wooded areas would have to satisfy at least three of the following criteria:

 

i. Uniqueness - The site contains a significant sample of rare or endangered species, or, the site is among a small number of sites in Broward County representing a particular ecological community - The NRA documented that the sand pine with scrub habitat, does not contain significant rare or endangered species and is not a particularly unique representation of this ecological community.

 

ii. Diversity - A significant sample of two or more ecological communities are contained within the site. - The NRA identified sand pine and scrub as the possible two ecological communities present in these wooded areas.

 

iii. Low Level of Exotic Invasion - The degree and nature of exotic invasion on the site is such that it can be easily managed or mitigated. - The NRA identified significant exotic vegetation invasion and the fact that the required management of these ecological communities require burning which is not compatible with aviation operations eliminates the areas from meeting this criterion for designation as an LAPC.

 

iv. Potential for Protection - Ownership patterns, development status and other factors make the resources of a site likely to be successfully protected. - The location of these wooded areas on a secured Airfield Operations Area (AOA) of an active airport adjacent to a main runway makes protection highly unlikely and unsuitable for preservation. Based on the 2017 Wildlife Hazard Assessment (WHA) completed for the Airpark using FAA criteria, these wooded areas were recommended for removal thereby confirming these areas are highly unlikely to be protected.

 

v. Geography - The site has proximity to other resources which would heighten its value as a LAPC (e.g., other ESLs, public parks, waterfront). - The location of these wooded areas on a secured Airfield Operations Area (AOA) of an active airport adjacent to a main runway eliminates the value of these areas as a LAPC or any other category of ESL.

 

These areas were added to the ESL Map back in the late-1980’s.  Neither the County or the City have the original paperwork that justified their inclusion on the map so it is unknown what logic was presented at the time to support the idea of creating nature preserves on an active airfield in such close proximity to the main runway 15-33.  The Wildlife Hazard Assessment (WHA) done in 2017 in accordance with the Federal Aviation Administration (FAA) requirements outlined in 14 CFR Part 139.337, recommended these wooded areas be removed from the airfield as part of future development projects.  The final development parcel (YY) is currently completing development of new hangars so the City needs to prepare future parcels for aviation-related development.  This is triggering the amendment to the ESL map.

 

C.  Consistency with Goals, Objectives and Policies of the City's Land Use Plan

 

The goals, objectives and policies in the Comprehensive Plan that apply to this project fall into two general categories:

 

(1) Specific Airpark and economic development related - the objective and policy that directly support the removal of these wooded area from the ESL Map are focused on maximizing the development of both the lands dedicated to aviation uses and those released for nonaviation uses as shown on the Airport Layout Plan (ALP). The ALP is the Plan that the FAA reviews and approves to ensure compliance with the Surplus Property Act deed restrictions applicable to the City’s operation and maintenance of airport property.  The lands to be removed from the ESL Map are designated for aviation use on the ALP and the City is adjusting all other plans to be consistent with the ALP. The full utilization of the Airpark as an economic asset helps diversify and provide high quality jobs to the Pompano Beach economy thereby supporting the City’s economic development objectives.

 

Objective 02.06.00 - Pompano Air Park

Protect the aviation viability of the Pompano Air Park and promote it as an economic driver for aviation business development, as an overall economic asset as well as a location for non-aviation recreational and open space uses compatible with the Air Park’s Airport Layout Plan.

 

Policy 02.06.01

Promote the perpetuation of recreation and community facility uses on Air Park property as depicted on the Air Park’s Airport Layout Plan.

 

Objective 01.23.00 - Economic Development

Expand the economic base by attracting Class A office space and higher education institutional uses, continuing to support the industrial and manufacturing sectors while protecting tourism as well as the quality of life and delivery of services to local residents.

 

 (2) Compatibility and natural resource impact related - maximizing the economic potential of the Airpark property is infill development and is compatible with existing on-Airpark and adjacent land uses. It is recognized that the wooded areas that will be developed will remove trees from the secured airfield area, however, wooded areas are (1) not considered compatible with aviation land uses and (2) have not and will not be maintained. These vegetative communities were once characterized as sandpine with scrub. Maintenance of such areas require prescribed burns to control invasive plants and neither burning or wildlife attracting habitat are compatible with aviation operations.  The City has already planted many trees along the perimeter of the Airpark to enhance the 5-mile multipurpose path and will continue to plant additional trees, particularly along NE 10th Street. Existing and additional trees along the perimeter will mitigate for the on-airfield tree removal; provide additional screening of the newly built hangars along the southern boundary of the Airpark; and provide trees in a location where they can be enjoyed by the public.

 

Policy 01.03.11

Consider the compatibility of adjacent land uses in all Land Use Plan amendments and rezonings.

 

Policy 01.03.13

Future industrial land uses shall be located with access to major transportation facilities including highways, airports, railroads, and seaports.

 

Policy 01.06.01

Consider and minimize the impacts that land use plan amendments, rezonings or site plan approvals have on natural resources, including wetlands, and culturally, historically, archaeologically and paleontologically significant resources.

 

Policy 01.14.01

The City shall emphasize re-development and infill, which concentrates the growth and intensifies the land uses consistent with the availability of existing urban services and infrastructure in order to conserve natural and man-made resources.

 

Policy 10.06.06

The City will require environmental assessments of development proposals of vacant properties to ensure that the presence of protected plant or animal species is known and significant impacts can be mitigated as part of the redevelopment process.

 

F. Alternative Motions

 

(1)                     Motion to recommend approval of the proposed amendment to the Environmentally Sensitive Lands Map as the Board finds the proposed map change consistent with the Goals, Objectives and Policies in the Comprehensive Plan.

 

(2)                     Motion to table the proposed Environmentally Sensitive Lands Map Amendment to allow further analysis of any issues raised by the Board, Staff, Applicant or the general public.

 

Staff recommends motion number (1).