boardname
PLANNING AND ZONING BOARD
Meeting Date: June 28, 2023
title
APOP HOMEWOOD SUITES HOTEL
projectinfo
Request: APOP
P&Z# 22-12400001
Owner: Hotels of Pompano Beach LLC
Project Location: 505-599 N. Federal Highway
Folio Number: 484236000440 & 484236000442
Land Use Designation: ETOC (East Transit Oriented Corridor)
Zoning District: TO-EOD (Transit Oriented - East Overlay District)
Commission District: 3 (Alison Fournier)
Agent: Jonathan Cady (954-788-3400)
Project Planner: Pamela Stanton (954-786-4662 / saul.umana@copbfl.com)
otherinfo
Summary:
The applicant is requesting Air Park Obstruction Permit (APOP) approval in order to construct a nine-story hotel building with a height of 119 feet above mean sea level (AMSL) or 110 feet above ground level (AGL)).
In conjunction with this APOP, the applicant is seeking Major Site Plan approval from this Board as a separate agenda item, in order to construct a nine-story hotel consisting of a four-story podium and a five-story tower above the podium with internal parking and a fifth floor amenity deck on the subject property.
The application for this APOP was reviewed by Kimley-Horn, the City’s Airpark consultant, as well as the Florida Department of Transportation (FDOT). Those comments have been included in this report’s backup. The FAA has determined that the structure would not be a hazard to air navigation, and included three conditions in their report. Those conditions are included in this staff report and will be incorporated into the Development Order if and when issued.
About the Air Park Obstruction Permit (APOP):
It is the purpose of the Air Park Overlay (APO) district to recognize an area adjacent to the runways of the Pompano Beach Air Park in which obstructions and incompatible land uses may pose a hazard to safe air park operations and to apply regulations that prevent such obstructions and limit such incompatible uses. When a proposed structure height is 75% or more of the allowable Air Park Zone height limit, City staff and the City’s Airpark consultant (Kimley-Horn) determine that the proposed structure is required to obtain approval of the APOP. If a structure is proposed within the Fort Lauderdale Executive (FXE) Airport airspace within Pompano Beach and is 75% or more of the allowable Airport Zone height limit for FXE, the applicant will be required to obtain a finding of no obstruction or an obstruction permit from the FXE Airport Manager, or the appropriate City of Fort Lauderdale designee, prior to issuance of a development order from the City of Pompano Beach.
In order to submit the APOP application, an application must include the FAA’s determination letter verifying that a proposed structure is not an Air Park hazard. Furthermore, the APOP application with the FAA’s determination shall be reviewed by the City’s Airpark consultant and the FDOT prior to placement for the Planning and Zoning Board meeting. A final decision of the APOP application is made by this Board.
Please note that the APOP application must provide a structure height in two ways, Above Mean Sea Level (AMSL) and Above Ground Level (AGL). Height limits for each runway protection zone in the Air Park Overlay District are regulated based on Above Mean Sea Level (AMSL). Therefore the Federal Aviation Administration (FAA) requires the applicant to provide a structure height in Above Mean Sea Level (AMSL). A structure height in Above Ground Level (AGL) is also provided to determine difference between AMSL and AGL for the subject property and to identify a tangible height of a structure.
AIR PARK OBSTRUCTION REVIEW STANDARDS
The Planning and Zoning Board may approve an Air Park Obstruction only on a finding that there is competent substantial evidence in the record that the issuance of the development order for Air Park Obstruction would not allow for the establishment or creation of an airport hazard based on the following criteria:
1. Comments received from the Florida Department of Transportation regarding the technical consistency with F.S. 333.025, as amended.
Comments from FDOT were received on 2/28/2023. Comments are included in the backup material for this item. No significant comments were issued by FDOT regarding the Air Park Obstruction.
2. The safety of persons on the ground and in the air.
The FAA has determined that the structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities, and would not be a hazard to air navigation provided the following conditions are met:
As a condition to the FAA Determination, the structure is to be marked/lighted in accordance with FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, red lights-Chapters 4, 5 (Red), & 15.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or:
__X__ At least 10 days prior to start of construction (7460-2, Part 1)
__X__ Within 5 days after the construction reaches its greatest height (746-2, Part 2).
3. The safe and efficient use of navigable airspace and any other aeronautical impacts.
Both FDOT and the City’s Airpark Consultant, Kimley-Horn, have reviewed the Air Park Obstruction application. FDOT has indicated that the application is technically consistent with s. 333.025(4), Florida Statutes. The FAA has determined that the proposed structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities, and would not be a hazard to air navigation provided the conditions listed in Air Park Obstruction Review Standard #2 above are met.
4. The nature of the terrain and height of existing structures.
The nature of the terrain in and around the project site is essentially flat. The project site is surrounded by existing buildings.
5. Federal airways, visual flight rules, flyways and corridors, and instrument approaches as designated by the Federal Aviation Administration.
The FAA has determined that a proposed height of the building at 119 feet AMSL will not be a hazard to air navigation. As stated by the FAA, “The aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact on all existing and planned public-use airports, military airports and aeronautical facilities; and the cumulative impact resulting from the studied structure when combined with the impact of other existing or proposed structures. The study disclosed that the described structure would have no substantial adverse effect on air navigation.”
6. The cumulative effects on navigable airspace of all existing structures and all other known proposed structures in the area.
As mentioned above, the FAA found that no hazard was presented by the proposed structure and in #5 above the FAA specifically cites that the FAA studied the cumulative impact resulting from the proposed structure when combined with the impacts of other existing or proposed structures.
7. The development order for Air Park Obstruction, if issued, would not permit a nonconforming obstruction to become a greater hazard to air navigation than it was when the applicable airport protection Zoning regulation was adopted which allowed the establishment or creation of the obstruction, or than it is when the application for a permit is made.
The proposed building will not be a non-conforming structure upon approval of the Rezoning application for the site, nor would granting the Development Order for an Air Park Obstruction Permit increase any existing non-conformity.
8. Approval of a permit is not to be based solely on the determination by the Federal Aviation Administration that the proposed structure is not an airport hazard.
Both FDOT and the City’s Airpark Consultant, Kimley-Horn, have reviewed the Air Park Obstruction application and have not determined this to be a concern. As part of the Air Park Obstruction Permit process, the City’s Airpark Consultant, Kimley-Horn reviewed the application as well as the Florida Department of Transportation (FDOT) provided their review and comment.
9. The following impacts to the Pompano Air Park:
i. The potential to destroy or impair the utility of the Pompano Air Park and the public investment therein.
ii. The character of existing and planned flight operations and developments at the Pompano Air Park.
iii. The effect of the obstruction on the state licensing standards for a public-use airport contained in chapter 330 and rules adopted thereunder.
iv. The effect of the construction or alteration of the proposed obstruction on the minimum descent altitude or the decision height at the Pompano Air Park.
The proposed building height of 119 feet AMSL is not anticipated to substantially impact the Pompano Air Park.
10. The marking and lighting is in conformance with the specific standards established by the FAA.
The applicant will comply with the FAA conditions for marking and lighting at the time of building permit.
Staff Conditions:
The Development Services Department recommends approval of the Air Park Obstruction subject to the following comments and conditions:
1. Construction must commence prior to the expiration date of 6/13/2024 of the FAA Determination, or any subsequent extension that may be granted.
2. If construction cranes are anticipated that exceed the maximum allowable height stated in the FAA determination letter, these temporary structures shall be submitted to the Federal Aviation Administration (FAA) and a Determination of No Hazard received.
3. As a condition to the FAA Determination, the structure is to be marked/lighted in accordance with FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, red lights-Chapters 4, 5 (Red), & 15.
4. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
5. FAA Form 7460-2, Notice of Actual Construction of Alteration, is required to be e-filed any time the project is abandoned, at least 10 days prior to start of construction (7460-2, Part 1), or within 5 days after the construction reaches its greatest height (746-2, Part2).