HomeMy WebLinkAboutR-80-0477r r
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RESOLUTION NO. 8 0- 4 7 7
A RESOLUTION GRANTING A PETITION FOR A PLANNED
AREA DEVELOPMENT (PAD) ON LOTS 42, 43 AND 44;
BLOCK "B"; MARY & WILLIAM BRICKELL SUB (B-96)
BEING APPROXIMATELY 1581-97 BRICKELL AVENUE, AS
« �I1n n ^ r i` 'r PER ARTICLE XXI-1 OF THE COMPREHENSIVE ZONING
((�J(r �j! `-'��_rn ORDINANCE 6871, AS PER PLANS ON FILE; SAID
PAD UM OF 205 RESIDEN-
DUG Ui,41LIV 1 0 TIALTUNITS SINTAOPROPOSED F A MTOWER STRUCTURE;
FOLLOWZONEDCR-5A(HIGHEDENSITYNMULTIPLE OF TDWELLING).
WHEREAS, the City of Miami Zoning Board, at its meeting
of June 9, 1980, Item No. 10, following an advertised hear-
ing, adopted Resolution ZB 12180 by a 7 to 0 vote recom-
mending a request for a Planned Area Development (PAD) as
hereinafter set forth; and
WHEREAS. the City Commission finds that the application
meets all of the standards for PADS set forth in the Com-
prehensive Zoning Ordinance; and
WHEREAS, The City Commission finds that the applicant
has followed all of the procedures and submitted all of the
documents necessary in accordance with the Comprehensive
Zoning Ordinance; and
WHEREAS, the City Commission finds that the PAD meets
all of the standards for a Conditional Use as outlined in
ARTICLE. XXI-1 of the City Comprehensive Zoning Ordinance; and
WHEREAS, the City Commission deems it advisable and in
the best interest of the general welfare of the City of
Miami and its inhabitants to grant the petition for the
application of a PAD;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA: "DOCUMENT INDEX
ITEM N
Section 1. The Petition for a Planned �r ment
(PAD) on Lots 42, 43 and 44; Block "B"; MARY & WILLIAM
BRICKELL SUB (B-96), being approximately 1581-97 Brickell
Avenue, as per ARTICLE XXI-1 of the Comprehensive Zoning
Ordinance 6871, as per plans on file, said PAD to consist of
a maximum of two hundred five (205) residential units in a
proposed tower structure; subject to 70' dedication of
right-of-way; zoned R-5A is hereby granted.
My COMMISSION '
MEETING OF
'JUN26 19co3
80-4 7
r
PASSED AND ADOPTED this 26 day of tttta>r , 1980.
MAURICE A. FERRR
M A Y 0 R
ATTEST:
-RAJO H G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
TERRY V. PER Y '
ASSISTANT Cl Y ATTORNEY
A:7 D AS TO FORM AND CORRECTNESS:
-d—EO-Ra F. KNO R.
CITY ATTORNEY
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00_►P.4ENT,S
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VL. ,
90-477
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SAVE BRICKELL AVE., INC.,
etc. , et al )
Appellant) s
ve
THE CITY OF MIAMI, FLORIDA, )
et al.,
Appellee; s
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR
DADE COUNTY, FLORIDA
APPEAL n 80-200-AP
(City of Miami Resoluti N80-477) f
--- 4-elee
CERTIFICATE OF DISMISSAL
1, RICHARD P. BRINKER, Clerk of the Circuit Court of the Eleventh judicial
Circuit of Florida, in and for Dade County, Florida, DO HEREBY CERTIFY that the above -styled
cause was dismissed on the 2401 day of September A.D., 19 80
IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the official
Seal of said Court, this loth day of October , A.D., 19 80 .
RICHARD P. BRINKER
CLERK OF THE CIRCUIT COURT
/ � f
" ••......
` ' ••`•` �� �nl Y— Deputy Clerk
,, e' ' ..lam • �7
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L Of FLORID& S. S. �••.4'•••,,U�r`�
COUNTY OF DADS 4111
• �lh Y�
1 HEREBY CERTIFY that instrument
d records
�
A correct WITNESS MY `NANO and official seat �"�
my office. C ti%/ • . • �Y
• �. ..•••1 ii •.
RICNARD P. BRI tiw-. .I13',CE' CIRCUIT COURT OF THE ELEVENTH
C{9fkClf courtt1 JUDICIAL CIRCUIT OF FLORIDA, IN AND
1 FOR DADE COUNTY
APPELLATE DIVISION
CASE NO. 80-200-AP
SAVE BRICKELL AVE, INC.,
etc., ^ c6
o �
Appellants •'
VS. ORDER OF DISMISSAL
THE CITY OF MIAMI, FLORIDA,
et al.,
Appellees
THIS COURT having considered the Appellees' motion
to dismiss this appeal and the memorandum of law in support thereof,
and the Appellants' response thereto, and being fully advised in
the premises, and it appearing to the Court that the Appellants
lack standing to appeal this matter, it is
ORDERED AND ADJUDGED that the said motion to dismiss
is hereby granted and this appeal is hereby dismissed with prejudice.
DONE AND ORDERED at Miami, Florida, this 22nd day of
September, 1980.
Copies furnished to:
Gary S. Brooks, Esq.
George Knox, City Attorney
Andrew H. Moriber, Esq.
N. JOSEPH DURANT, JR.
Circuit Judge
�" 10881 Pc 1334
RECORDED
SEP 90 M
RICHARD P. BRINKER
WPM
if
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SAVE BRICKELL AVENUE, INC.,
a corporation not for profit
under the laws of the State
of Florida on its own behalf
and on behalf of its members
and on behalf of all others
similarly situated
Appellants
-vs-
THE CITY OF MIAMI, FLORIDA,
a municipal corporation and
political subdivision of the
State of Florida -and CITY
NATIONAL BANK OF MIAMI AS
TRUSTEE UNDER LAND TRUST NO.
5003138, owner and applicant
Appellees
BEFORE THE CITY COMMISSION
OF THE CITY OF MUM
RESOLUTION NO. 80-477
N 0 T I C E
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NOTICE IS HEREBY GIVEN that SAVE BRICKELL AVENUE,
INC., a corporation not for profit under the laws of the
State of Florida on its own behalf and on behalf of its
members and on behalf of all others similarly situated,
appeal to the Circuit Court of the Eleventh Judicial Circuit
in and for Dade County, Florida, Appellate Division, the
Resolution of The City of Miami, Florida, by its City
Commission dated June 26, 1980 designated July 18, 1980
by Ralph G. Ongie, City Clerk as Resolution No. 80-477.
The nature of the Resolution is one granting an application
for various types of zoning relief on certain real property
located in The City of Miami, Florida.
I CERTIFY that a true copy of the foregoing was
this day of July, 1980 furnished by mail to Mr. Ralph
Ongie, erk, City of Miami, City Hall, 3500 Pan American
i� Drive, Miami, Florida 33133, George Knox, Jr., Esq., City
j Attorney, City of Miami, 174 East Flagler Street, Miami,
s Florida 33131 and to Murray Dubbin, Esq., 1000 Rivergate
Plaza, 444 Brickell Avenue, Miami, Florida 33131.
WILLIAMS, SALOMON, KANNER,
DAMIAN, WEISSLER & BROOKS
Attorneys for Appellants
1000 DuPont Building
Miami FL 33131
Y
WILLIAMS, SALOMON, KANNER, DAMIAN, WEISSLEP 6 ePOO S, ATTO EY T LAW, r—PONT SUIL01NG. MIAMI. FLOAIOA
TELEP-ONE �3CS 379•16
WILLIAM%. SALOMON, KANVCIf, DAM IAN, WEVISIA"It IN 11m)(M.,
ATTORNEYS AT LAW
10�C ou PONT BUILDING
MIAMI, I'LOUIIIA :i:I1:I1
Mr. Ralph Ongie, Clerk
City of Miami
HAND DELIVERED
0
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT. CORPS OF ENGINEERS
P. O. BOX 4970
JACKSONVILLE. Ft ORIDA 32201
SAJOD-RP
SAJMB,
80(3)-0008
Mr. Nicholas M. Morley
c/o J. Frederic Blitatein, Inc.
285 Sevilla
Coral Cables, Florida 33134
Dear Mr. Morley:
02 January 1980
This is in reference to your request for a Permit to perform work in or
affecting navigable waters of the United States. Upon recommendation of
the Chief of Engineers, pursuant to Section 10 of the River and Harbor
Act of March 3. 1899 (33 U.S.C. 403); you are authorized
to construct three (3) docks with mooring pilings -
In Biscayne Bay
l� at Brickell Avenue, southeast of SE 15th Road, Section 40, Township 54S,
Range 41E, Miami Dade County, Florida
in accordance with plans and conditions attached which are incorporated
In and made a part of the Permit -We have no evidence that a State permit has
been issued and no work may begin until their requirements are =et.
Inclosed is a Notice of Authorization which should be displayed at the
construction site. Work may begin immediately but you must notify the
appropriate Area Engineer as representative of the District Engineer, of:
1. The date of commencement of work (mail attached card)
2. The dates of work suspensions and resumptions if work is
. suspended over a week, and
3. The date of final completion.
Area Engineer addresses and telephone numbers are shown on the attached map.
If the work authorized is not completed on or before 02 January 1983
this authorization, if not previously revoked or specifically extended,
shall cease and be null and void. � �
71` h- L. i- ' I
BY AUTHORITY OF THE SECRETARY OF THE ARMY: .;;,
01 41
T 's
4 Inc i ,�J NES W. R. A AMS
I. Notice of Authorization Colonel, Corps of Engineers
l� 2. Commencement Card District Engineer
3. Plans and Conditions i
4. Area Office Map CF: Jacksonville District Office
SAJ Fl 109
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NO1 S OHpNtmAi`�IEG iN /' bOatK tie tfp ot,a110
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1. GENERAL CONDITIONS:
a. That all activities identified and authorized herein shall be con-
sistent with the terms and conditions of this Permit; and that any activities
not specifically identified and authorized herein shall constitute a violation
of the terms and conditions of this Permit which may result in the modification,
suspension, or revocation of this Permit, in whole or in part, as set forth
more specifically in General Conditions j or k hereto,•arnd in the institution
of such legal proceedings as the United States Government may consider appro-
priate, whether or not this Permit has been previously modified, suspended or
revoked in whole or in part.
b. That all activities authorized herein shall, if they involve a dis-
charge or deposit into navigable waters or ocean waters, be at all times
consistent with applicable water quality standards, effluent to Sections 3019
302, 306, and 307 of the Federal Water Pollution Control Act of 1972(P.L. 92-S00;
86 Stat. 816) or pursuant to applicable State and local law.
e. That when the activity authorized herein involves a discharge or deposit
of dredged or fill material into navigable waters, the authorized activity shall,
if applicable water quality standards are revised or modified during the term
of this Permit, be modified if necessary, to conform with such revised or mod-
ified water quality standards within six months of the effective date of any
revision or modification of crater quality standards, or as directed by an im-
plementation plan contained in such revised or modified standards, or within
such longer period of time as the District rngineer, in consultation with the
Regicnal Administrator of the Environmental Protection Agency, nay determine
to be reasonable under the circumstances.
d. That the Permittee agrees to make every reasonable effort to prosecute
the construction or work authorized herein in a manner so as to minimize any ad-
verse inpact of the construction or work on fish, wildlife, and natural envuon-
mental values.
e. That the Permittee(s) agrees to prosecute the construction or work
authorized herein in a manner so as to minimize any degradation of water quality.
f. That the Permittee shall permit the District Engineer or his authorized
representative(s) or designee(s) to make periodic inspections at any time deemed
necessary 'in order to assure that the activity being performed under authority
of this Permit is in accordance with the terms and conditions prescribed herein.
g. That the Permittee shall.maintain the structure or work authorized herein
in good condition and in accordance with the plans and drawings attached hereto-
h. That this Permit does not convey any property rights, either in real
estate or material, or any exclusive privileges; and that it does not authorize
any injury to property or invasion of right; or any infringement of Federal,
State, or local laws or regulaticns, nor does it obviate the requirement to
obtain State or local assent required by law for -the activity authorized herein.
tC „S.UPPOnTJ% or
���
That this Permit does not authorize the interference with arty
existing or pooposed Federal projedt and that the Permittee shall not
be entitled to compensation for damage or injury to the structrues or
work authorized herein which may be caused by or result from existing
or future operations undertaken by the United States in the public
interest.
,
j. That this Permit may be summarily suspended, in whole cr in
part, upon a finding by the District Engineer that immediate suspension
of the activity authorized herein would be in the general public interest.
Such suspension shall be effective upon receipt by the Permittee of a
written notice thereof which shall indicate (1) the extent of the sus-
pension, (2) the reasons for., this action, and (3) any eorrectivP or prh-
'
ventive measures to be taken by the Pezmittee which are deemed necessary
by the District Engineer to abate inminent hazards to the general
public interest. The Permittee shall take immediate action to eom-
t
ply with the provisions of this notice. Within ten days following
'receipt of this notice of suspension. the Permittee may request a
Hearing in order to present information relevant to a decision as to
whether his Permit should be reinstated, modified or revoked. If
a Hearing is requested, it shall be•conducted pursuant to procedures
prescribed by the Chief of Engineers. After completion of the Hearing.
•
or within a reasonable time after issuance of the suspension notice
to the Permittee if no Hearing is requested, the Permit will either be
reinstated, modified or revoked.
k. That this Permit may be either modified, suspended or revoked in
whole or in part if the Secretary of the Army or his authorized represen-
tative determines that there has been a violation of any of the terms or
'
conditions of this Permit or that such action would otherwise be in the
public interest. Any such modification, suspension, or revocation shall
become effective 30 days after receipt by the Permittee of written notice
of such action which shall specify the facts or conduct warranting same
• unless Cl) within the 30-day period the Permittee is able to satisfactorily
demonstrete that (a) the alleged violation of the terms and the conditions
of this Permit did not, in fact, occur or (b) the alleged violation was
accidental, and the Permittee has been operating in compliance with the
terms and conditions of the Permit and is able to provide satisfactory
assurances that future operations shall be in full compliance with the
termm and conditions of this Permit; or (2) within the aforesaid 30-4affy
period, the Permittee requests that a Public Hearing be held to present
oral and written evidence concerning the proposed modification, suspension
or revocation. The conduct of this Hearing and the procedures for making
a final decision either to modify, suspend or revoke this Permit in whole
or in part shall be pursuant to procedures prescribed by the Chief of
Engineers.
.s
1. That in issuing this Parni•c the Government has relied on the
information and data ,hich the Peis;uttee has provided in connection
with his Permit application. If, subsequent to the issuance of this
Permit, such information and data prove to be false, ineorrplete or
inaccurate, this Permit may be modified, suspended or revoked, in whole
or in part and/or the Goveryvwnt ray, in addition, institute appropriate
legal proceedings.
M. That any modification, suspension, or revocation of this Perrdt
shall not be the basis for any claim for damages against the United States.
n. That the Permittee shall notify the District Engineer at what
time the activity authorized herein will be corm enced (as far in advance
Of the time of commencement as the District Engineer may specify), and of
any suspension of work if for a period of more than one week, of resorption
of work, and of completion of work.
o. That if the activity authorized herein is not oorripleted on or
before the date indicated on the Permit to which these conditions are
attached, that Permit, if not previously revoked or extended shall
'
automatically expire.
p. That no attempt shall be made by the Perr;�ittee to prevent the
full and free use by the public of all navigable waters at or adjacent
t
to the activity authorized by this Permit.
q. That if the display of lights and signals on any structure or
work authorized herein is not otherwise provided for by law, such lights
•
and signals as may be prescribed by the United States Coast Guard shall
be installed and maintained by and at the expense of the Permittee.
'
r. That this PerrIt does not authorize or approve the construction
of particular structures, the authorization or approval of which may
require authorization by the Congress or other agencies of the Federal
.
Government.
s. That if and when the Permittee desires to abandor the activity
authorized herein, unless such abandonment is part of a transfer procedure
by which the Permittee is transferring his interests herein to a third
party pursuant to General Condition v hereof, he must restore the area to
a condition satisfactory to the District Engineer.
t. That if the recording of this Permit is possible under applicable
State or local law, the Permittee shall take such action as may be necessary
•
to record this Permit with the Registrar of Deeds or other appropriate
official charged with the responsibility for maintaining. reeds of title
to and interests in real property.
`"SUPPORTIV�
,(
DOCUMENTS 3
FOLLOW"
004
^MOO
u. That there shall be no unreasonabie interference with navigation by
..'.' the existence or use of the activity authorized herein.
.:� v. That this Permit may not be transferred to a third party without prior
' written notice to the District Ereino~ , either by the transferee's written
agremment to corrply with all tents and conditions of this Permit or by the
transferee subscribing to this Permit in the space provided below and thereby
agreeing to comply with all tenor and conditions of this Permit. In addition,
if the Permittee transfers the interests authorized herein by conveyance of
realty, the deed shall reference this Permit and the terms and conditions
specified herein and this Permit shall be recorded along with the deed with
the Registrar of Deeds or other appropriate official.
II. SPECIAL CONDITIONS ARE CHECX D BELOW:
•� (x) Structures For Small Boats: That Permittee hereby recognizes the
possibility at a structure permitted herein may be subject to damage by
wave wash from passim vessels. The issuance of this Permit does not relieve
the permit -tee from taking all proper steps to insure the integrity of the
. i structure permitted herein and the safety of boats moored thereto from damage
by wave wash and Permittee shall not hold the United States liable for any such
damage.
Discharge Of Dredged Material Into Ocean Waters: That the Permittee
shall place a copy o this Permit in a conspicuous pace in the vessel to be
used for the transportation and/or durping of the dredged material as authorized
herein.
•_� (x) Erection Of Structure In Or Over Navi able Waters: That the Permittee,
upon receipt of a notice of revocation of this Permit or upon its expiration
before completion of the authorized structure or work, shall, without expense
to the United States and in such time and manner as the Secretary of the Army
or his authorized representative may direct, restore the waterway to its farmer
*:. condition. If the Permittee fails to comply with the direction of the Secretary
of the Army or his authorized representative, the Secretary or his designee may
restore the waterway to its former condition, by contract or otherwise, and
recover the cost thereof frem the Perr,dttee.
() Maintenance Dredging: (1) That when the work authorized herein includes
• periodic maintenance u g, it may be performed under this Permit for
years from the.date of issuance of this Permit; and (2) That the Permittee wi.
advise the District Engineer in writing at least two weeks before he intends
' to undertake any maintenance dredging.
• ..!\ �` 4
i07
Panama City field 011ce
Post office 8o 15 32401
Panama city. Florida 9041763-0717
'telephone:
Tampa Area office
post On ice Box 1924i
Tampa. Florida 33686 2578
telephone: 813l228-
Permits Section
onmaC0ypONENT BOUNDARY
'ttORTN � SOUTH
San Juan Area Office
400 Fernandez Jun Ri co Avenue 00901
Puerto
SNORT!'. COMPONENT
SOUTH Gurkru
Clewiston Area LAIIK
Post 011ke Box 13V
Clewiston. Florida 3364
Telephal* OWU01
Permits Section
Oro
Department of the Army of Engineers
Jacksonville Dist 0 Cow
post gt�ce BoFtarida 32201 * oner�
hacks°nvtUa904J791-2502 NorthCon►ponerR
Teleph� 7 gl -2211 South Comp
Regulatory Branch
Palatka Area of Ce
post 01fice Box
317
Palatka, Florida 3M
Telephone. 0904/ 325-2028
Permits Section
SOUTH COMPONENT
Miami Beach Area pflice
! post aliu Drawer"
Miami Beach. Florida �
Telephone:
permits Section
tOSIS Of 1100 UISU""
3201 OUN CLUB ROAD
P.C. zox 3053
17cST PALM BEACH, FLORIDA 33402
ir;lr003 GgANAN
GOVEpN0f1
1 JAC03 D. VAar
SEcnETA11V
1Y AIIR-Eti G. STRANY
of 101 SIiJViSTn= blAfiAZEn
STATE OF FLORIDA
DEPAR i NIENT OF ENVIR0,"I MENTAL flEGULATIOiN
SOUTh FLORIDA SUBDISTRICT
January 10, 1980
Mr. Nicholas H. Morley D&F - Dade County
%J. Frederic Blitstein, Inc. Marina Const./Seawall Repair/
285 Sevilla Avenue Rip -rap.
Coral Gables, FL 33134
Dear Sir:
Enclosed is Permit Number DF 13-20223-6E . dated 1/10/80
•
to construct the subject pollution source, issued
pursuant to Section 403 , Florida Statutes.
Should you object to this permit, including any and all of the
conditions contained therein, you nay file an appropriate petition
(� for administrative hearing. This petition must be filed within
fourteen (14) days of the receipt of this letter. Further, the
petition nftst conform to the requirements of Section 28-5.15,
Florida Administrative Code (copy enclosed). The petition must be
filed with the Office of General Counsel, Department of
Environmental Regulation, Twin Towers Office Building, 2600 Blair
Stone Road, Tallahassee, Florida 32301. .
If no'petition is filed within the prescribed time, you will be
deemed to have accepted this permit and waived your right to
request an administrative hearing on this matter,
Acceptance of the permit constitutes notice and agreement that the
Department will periodically review this permit for compliance,
including site inspections where applicable, and may initiate
enforcement action for violation of the conditions and requirements
thereof.
Sincerely,
49 i/
Roy M.
Duke, Jr., P. E.
Permitting Section dead-
«S�PP c
RMD:L*EQ�:mlp DUGv�v
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Fo
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Enclosures)
cc: U.S. Army Corps of Engineersmiami
Fle idi. Marine Patrol, Miami
F3o.:i&a Game & Fresh Water Fish Commission
Local - Metro/Dade County Environmental Resources Management
Tallahassee
Mr. Donald Cather, P.E., City of Miami
Mr. Clifford A. Schulman
DER File
File Drawer
Enforcement
"C"-Arciiuoard
DER Form 17-1.122(66)
?t
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FOL i I „ ;�
GRAHAM
06
3301 GUN CLUB ROAD �r•yry\ • GOVERNOR
P.O. BOX 3858 WEST PALM BEACH, fLOR10A 33402 L1COB t1. VARN + )�
,`- SECRETARY
�►Y�� WARREN G. STRAHM
f►�I; p"11O d ' SUBDISTRICT MANAGER
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
SOUTH FLORIDA SUBDISTRICT
APPLICANT: Mr. Nicholas H. Morley PERMIT/CERTIFICATION
% J. Frederic Blitstein, Inc. NO- DF 13-20223-6E
285 Sevilla Avenue COUNTY: Dade
Coral Gables, FL 33134
PROJECT: Marina Const./
pi� 403, 253 6 258 Seawall Repair/Rip-rap.
This m.-I is issued under the provisions of Chapter , Florida Statutes, and Chapter
Florida Administrative Code. The above named applicant, hereinafter called Permittee, is hereby authorized to
perform the work or operate the facility shown on the approved drawing(s), plans, documents, and specifications attached hereto and
made a part hereof and specifically described as follows:
To construct a private marina (51 slips) to service a proposed upland
condominium. The project includes:
1. Three (3) piers extending no more than 226 feet each,
from the existing seawall as per the approved, attached
drawings. The piers will include open metal grates and
handrails within a minimum 70 feet buffer area immediately
waterward of the seawall. The southern most pier will
have a sewage pump -out facility that will be directly
connected to the City of Miami sewer system.
2. The project also includes the repair or replacement of
the existing seawall in its present location and the
• placement of natural boulder rip -rap (1-3 feet in diameter)
at the toe of this seawall, extending from one feet above
Mean High Water on the face of the seawall to the natural
ground on a minimum 2 (horizontal) to 1 (vertical) slope.
The rip -rap would be prepared and planted with mangrove
seedlings.
This project is located in Biscayne Bay at 1581 Brickell Avenue, Miami,
Dade County, Florida.
This project is in Outstanding Florida Waters and is also within the
boundaries of the Biscayne Bay Aquatic Preserve. It was reviewed at
informal hearings on December 19, 1979.
Subject to General Conditiorth 1 through 13 and Specific Conditions
1 through 12.
GENERAL CONDITIONS: , r jj
1. The terms. conditions, requirements, limitations, anti teslFi�t-A's1// t/forth herein are "Permit Conditions:, and as such are bind-
ing upon the parmittee and enforceable pursuant to the authority of Section 403.161(1), Florida Statutes. Permittee is hereby placed
DER FORM 17-1.122163110p411 of 4 ��
PERMIT NO.: DF 13-20223-6E
APPLICANT: Mr. Nicholas H. Morley, % J. rrederic Biitstein, Inc.
on notice that the department will rev+ew this permit periodically and may initiate court action for any violation of the "Permit Con•
drthons" by the permittee, its agents, employees, servants or representatives.
2. This permit is valid only for the specific processes and operations indicated in the attached drawings or exhibits. Any unautho-
rized deviation from the approved drawings, exhibits, specifications, or conditions of this permit shall constitute grounds for revoca•
tion and enforcement action by the department.
3. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in
this permit, the permittee shall immediately notify and provide the department with the following information: la) a description of
and cause of noncompliance; and (b) the period of noncompliance, including exact dates and times; or. if not corrected. the antici-
pated time Ilse non compliance is expected to continue, and steps being taken to reduce, eliminate, and prevent m:currenee of the non-
compliance. The permittee shall be responsible for any and all ddmages which may result and may be subject to enforcement action by
file dvpdrbnent for penalties or revuealiun of this permit.
4. As provided in subsection 403.087(6). Florida Statutes, the issuance of this permit dues not convey any vested rights or any ex-
clusive privileges. Nor floes it authorize any injury to public or private property or any invasion of personal rights, nor any infringe-
ment of federal, state or local laws or regulations.
5. This permit is required to be posted in a conspicuous location at the work site or source during the entire period of construction
or operation.
6. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information re-
lating to the construction or operation of this permitted source, which arc submitted to the department. may be used by the depart-
ment as evidence in any enforcement case arising under the Florida Statutes or department rules, except where such use is proscribed
by Section 403.111. F.S.
7. In the case of an operation permit, permittee agrees to comply with changes in department rules and Florida Statutes after a
reasonable time for compliance, provided, however, the permittee does not waive any other rights granted by Florida Statutes or de-
partment rules.
8. This permit does not relieve the permittee from liability for harm or injury to humans health or welfare, animal, plant. or aquatic
life or property and penalities therefore caused by the construction or operation of this permitted source, nor does it allow the per-
mittee to cause pollution in contravention of Florida Statutes and department rules, except where specifically author iied by an order
from the department granting a variance or exception from depdrtment rules or state statutes.
9. This permii is not transferable. Upon sate or legal transfer of the property or facility covered by this permit, the permittee shall
notify the department within thirty 130) days. The new owner must apply for a permit transfer within thirty 130) days. The permittee
shall be liable for any non-compliance of the permitted source until the transferee applies for and receives a transfer of permit.
10. The permittee, by acceptance of this permit, specifically agrees to allow access to permitted source at reasonable times by de-
partment personnel presenting credentials for the purposes of inspection and testing to determine compliance with this permit and
department rules.
11. This permit does not indicate a waiver of or approval of any other department permit that may be required for other aspects of
the total project.
12. This permit conveys no title to land or water, nor constitutes state recognition or acknowledgement of title. and does not consti-
tute authority for the reclamation of submerged lands unless herein provided and the necessary title or leasehold interests have been
obtained from the state. Only the Trustees of the Internal Improvement Trust Fund may express state opinion as to title.
13. This permit also constitutes: "SUPPORTIVE
I I Determination of Best Available Control Technology ( DOCUMENTS
• (I Determination of Prevention of Significant Deterioration on IPS (PSD)
IX) Certification of Compliance with State Water Quality Standards (Section 401. PL 92.500)
SPECIFIC CONDITIONS: - FOLLOW"
1. The grated walkway with handrails shall extend a minimum of 70 feet
from the bulkhead. No boats shall be moored or tied•up in this designated
buffer area.
oErt roNM tr 1.1711631 page 2 of 4 Continued .• • • • • • • •
A004
"ERMIT NO.: DF 13-20223-6E
?PLICANT: Mr. Nicholas N. Morley, U. Frederi-- Blitstein, Inc.
SPECIFIC CONDITIONS Cont.:
2. As additional protection for the buffer area, dolphin piles shall be
placed on 6 feet centers along the entire property line at a minimum
distance of 70 feet from the bulkhead. Rope or chain shall be extended
along the piles to prohibit small craft access. This barrier shall be
constructed prior to initial occupancy of the marina.
3. The shallow area (-3 feet Mean Low Water or less) located immediately
north of the existing northernmost pier shall also be designated as a
buffer area and shall be protected in the manner described in Specific
Condition #2.
4. The placement of rip -rap and planting of mangroves shall be completed
within sixty (60) days of the completion of repair/replacement of the sea-
wall. The mangroves shall be red mangrove seedlings, (Rhizo hp ora man le)
planted on three (3) feet centers along three (3) rows, 3 feet apart
extending the length of the property. The applicant shall use healthy
seedling stock, adequately sloped and prepared substrate and proper irri-
gation to insure maximum survival. The applicant shall also secure
adequate seedling supply for annual mortality replacement for two (2)
years after initial planting.
( . Adequate controls shall be taken during construction so that turbidity
evels beyond a 50 foot radius of the work area do not exceed 50 J.C.U.'s
as per section 24-11 of the Metro Dade County Code.
6. During construction, turbidity samples shall be collected at mid -depth
once daily, 50 feet upstream and 50 feet downstream of the work area. The
contractor shall arrange to have turbidity sample results reported to him
within one (1) hour of collection. Turbidity monitoring reports shall be
submitted weekly to Dade County Environmental Resources Management and the
Florida Department of Environmental Regulation.
7. If turbidity exceeds 50 J.C.U.'s beyond a 50 foot radius of the work
area, turbidity curtains shall be placed around the work area and Dade
County Environmental Resources Management notified immediately. Turbidity
samples shall be•collected as per stipulation No. 6 no later than one (1)
hour after the installation of the turbidity curtains. If turbidity levels
do not drop below 50 J.C.U.'s within one (1) hour after installation of the
curtain, all construction shall be halted and not resumed until the contrac-
tor has received authorization from Dade County Environmental Resources
Management.
8. No live -a -board vessels (permanent or transient) shall be docked at
this facility unless direct sewage pump-out•facilities are provided at
each live -a -board slip.
The final cap of the new'seawall shall be a minimum bf six (6) inches
{ Dove final grade with all adjacent upland graded away from Biscayne Bay.
_roper on -site disposal of stormwater shall
`.FSUF , E
DER FORM 17-1.122 (63) Page 3 of 4 ,• I �_ ; �, i `�QOCU
t= T•� � � �':: � r„ •8o—mac. s
PERMIT NO.: DF 13-20223-6E
APPLICANT: Mr. Nicholas H. Morley, U . Frederic Blitstein, Inc.
SPECIFIC CONDITIONS Cont.
10. The applicant shall establish a monitoring program to determine the
effects of the marina on the water quality and resources of this area of
Biscayne Bay. The monitoring shall commence prior to construction and
extend for one year after 90t occupancy of the marina. The monitoring
shall include:
Chemical: Water samples (surface & mid -depth) shall be collected at
two (2) stations within the marina (slip #19 & #48) and a single sta-
tion (control) approximately 200 yards north of the nearest edge of
the marina. The samples shall be*collected between 7 - 9a.m. during
the first week of each quarter and analyzed for:
Dissolved Oxygen (D.O.) Total Coliform
pit Fecal Coliform
Salinity Oil & Grease
Temperature (oC) Turbidity
Biochemical Oxygen Demand -(SODS)
Results shall be submitted within thirty (30) days of sampling.
Mangroves: A count of the surviving mangroves shall be made during
the first week of each quarter and the percent survival shall be
calculated and submitted with the monitoring data.
( Biological Communilty Mpni.toring: The applicant shall establish a
tbiological monitorinprogram and submit it for review and approval•
prior to construction of the marina. While the Department prefers
use of benthic macroinvertebrate monitoring, there are many accept-
able approaches to biological monitoring. It is suggested that the
applicant contact a local university for the necessary technical
expertise to plan and implement this monitoring program. In any
event, samples shall be collected from the buffer zone and slip #19
during the first week of each quarter to coincide with the chemical
monitoring program.
11. Monitoring reports, with the exception of turbidity monitoring (weekly
reports) during construction, shall be submitted to Dade County Environ-
mental Resources Management and this Department on a Quarterly basis.
12. The applicant shall notify (in writing) Dade County Environmental
Resources Management and the Department, a minimum of 24 hours prior to
commencement of construction and also at such time as the marina has
attained 90% occupancy.
I j
U 01t
1 �J
{ Expiration Date:
1/10/83
WG S/URO/1ttW/mlp
DE FO..M 7.1-122463IP690 4 of 4
pop Issued this/ �I if• 19 �O
STATE OF FLORIDA
DEP TMENT OF ENVI N EGULATION
�ar en G.-Strahm
Subdistrict Manager
t
%
0,110
-5
l000,-
4, C.
A %
MAP
I
17
L. M ARIBA
ATED
I i T ES L010
lo ISAORLEY BOAT FACILI� I)ADE Co. f LA-
paCU''''PROPOS MIAMI
FOB,-�' I N 1-HE C INC
R IC; F3L-1 INC
•J. FRFO e, A!E�,s c• IRIC
If 7
[)Alt Nt ro SY
fooA JS
SmEET --!�iiii, -or
low lip 111.0
I 1.
LOT 44 LOT 4' LOT 42
NOTE HANDRAILS ON BOTH
SIDES OF PIERS LOCATED IN
THE DUFFER AREA
MA R tilBW.T bLKMD vl/RIP RAP
TOf B MANGRO/ES SEE SOT.
NUf Ff. R IWAREp A 3 OF 3 FOR SECTION
l ter- ta•M r;
3• HIGH _
HANORA1lSD j HAIL
�� ; SI Llq _�' � AAA' yw z �^�
� 10 ��. • w �, r ` BUFFER AREA
`^
�I /• OPEN GRATES w NO BOATS
g 50 t SHALLO DOLPHIN PILES
I a• X il-:, 0 ARE A TYP ry c a= OPEN
..
o 3 5• `�' 49 '.' Z• o z o -- .0 — �- �� GRATES G.
I • \ , i 8� NO 36 �A 16 0 /qy p/ NAt�RA1LS I I
48 BOAT #_ pn •l�1 ES '
TIE - UPS 35 AW i,.,ol �; 0 IS
MAX
37
• 3O ►•� — - A i o �• 40 41 I
J 0 47 38 � 331 3 � 5 ( 13 �
,( •
20 06 12
21
40
I� !- • $ 30 22
ETgV44 �o _q00 r. • a 8 5 10 e ' • 8 4
• �T 29 23 h �� • �i
+i n4 42 DADE ax • C�OUN- T _.. E_ 19�_ s .1
�61
�2 28 �S BULKNEAD 24 LINE
� •� N x SEWAGE B 5
O • 43 �' �j' : `' i ' • tv PUMP OUT
44 SE NOTE I 8.0 27 ' •26 , ' • 25
f AGE C'�1 WAVE I PROTECTION q9 .. •..:, • .' p
PUMP UT 1 f..'/' 17 ,, �
15 48 4B• 78 4 4130, 1
NOTES 7! `---- • „•,_
1. IF REO'D, PIERS WILL HAVE OPEN ME TAL S U - t.
GRATES TO ALLOW SUNLIGHT PENETRATI ) ; I O E r
TO GRASSES IF LOCATED UNDER PIERS. U ` { �E
2. NO SPACES TO BE LOCATED IN SHALLOW OG "' LE 1" , �(; O�
DRAFT AREAS. ! i 3 Qr7c�
3. NO LIVE-A$OAROS PERMITTED F // gy;
4. CENTRAL PUMP -OUT SEWAGE'STATION �A
PROVIDED TO BE CONNECTED TO MIAMI- 8�1 S�?� M .�
SEWER SYSTEM. 9• NO FUELING. PROPOSED BOAT FACILI . f: ED
tl f ii
6. 51 SPACES INCLUDING DAVITS
E V. IN THE CI gl',,MIAMI, DADE 00. LA.
REDRAWN 20 JULr��7SR Y) JULY 79
vAT'E JULY 1979 J. FREDERIC BLLITSTEIN, INC.
F*OJ£CT K! 659
►. sNEET 2 3 CAMPANILE & ASSOC. INC.
VtWAWM I FLORIn,11
ec 004
FLOOD CRITERIA
EL. 5 0
I' A SOV E
m to W
NEW BLKHO
12" DIAMETER± LIMESTONE
RIP -RAP LOOSE PLACEMENT
TO PRQVIDE MANGROVE ROOT
GROWTH.
VERTICAL DATUM
N. G. v D 1929
SECTION A -A
.1 1
—BOAT SLIPS—
M It W (AFPROXJ
_M L W (APPROX)
* 0
SCALE I : 5
1
HANDRAILS IN
I OPEN GRATING DAVIT
BUFFER AREAS
AF_-AS
IN BUFFER RAmIAS
BOAT SLIPS
WAVE PROTECTION AkYELS
•
PILE CAP"
SHOWN ON PLA I'l
161 it W.
PILINGS
'ESECTION
B-B
�;�, ..,C�`�
D0CU.lL_N'j
SCALE - 11"
'j SECTIONS
FOLLOW
MORLEY
MARINA,
PROPOSED BOAT
FACILITIES LOCATED
REV. 30 JMY 79
79
IN THE CITY OF
MIAMI, DADE CO.FLA.
REV. 15 MAY
DATE "4Y 1471Y
J. FREDERIC'3"
BLI TEIN, INC.
PROJECT ht : - C- 67
SmEET .3 OF .3
CAMPANILE
8k 0 ASSOC.. INC.
A F F I D A V I T
STATE OF FLORIDA )
COUNTY OF DADE )
BEFORE ME, the undersigned authority, personally
appeared COLIN MORRISSEY, who, after being duly cautioned
and sworn does depose and state:
1. I COLIN MORRISSEY am presently employed by
Metropolitan Dade County in the position of Director of
the Department of Environmental Resources Management.
2. I have been so employed for approximately ten
years.
3. My employment involves, among other things, the
enforcement of various regulations, ordinances, and laws
promulgated by Dade County and the State of Florida regarding
environmental and pollution control matters, including bulk-
head lines.
4. In clarification of that certain Affidavit executed
by me the 9th day of June, 1980, regarding the subject of
bulkhead lines, it was not my intent to interpret the City
of Miami Zoning Ordinance.
FURTHER AFFIANT SAYETH NAUGHT.
\--
Sworn to��n��d Subscr' ed before
me this oCL� day of
1980.
C/Not'axy n:.:blic State of Florida
ac Largo
My Cow_d s6ion Expires:
. yr, na,r, STAY# cs
v:t V'rglr.^. WJW Fir104
°. 8 46
✓ N MORRISSEY
COL
PP.(-:
QC�.
KE
r^
DEVIRTIoK' QfOu EsrS
of YlL[.h lQE6lNh PU POSAL
-'� At & F /Q u "s *" Mseb u ^ N wer uOG /!NA
SIX GUVi.Ess OmERwise- /uofcAm
Lor COVEN A6 E - PRIAM i P.lG STi 4
AS MO posrb
Lor CvVC4AGf — MANIA4
M*X/mu m Re-Am/Tift
As PRO Poseb
a r,
//. 89S%
s7;Wclu4* On
t 3, 6 87 sQ. Fr.
yt, 9 9 J .5Q. Fr,
A.or CoveQ A6F - 7v -4 4 (Aar.
n�i rrFO z 2.8t ye
RS PR.o Pose's = y 4 • 3 99 %
SIDE Ykk b S — PR I NC 1 P 4L S7-AaCTu l6ofr
MiuI MU/M OXQUI MC-b, Ei4Cq S/OLN' _ 149•S Fr.
As PU POsc'AD sour?# s/De a 6/7. Ar FT
NORM S/OC 4w
FLOOR APIX4 RPVnO
MI -XI M U M Prietm/TT-'D (/Il/CC U D/AV` 80A.1U.5 eS,=,Z.200
RS PUP056b s 3,1/03
FLOOR XRR A RA•T70
,lA N b (w # lw ct Pt'.AND
/IVC4Ub1AA5 5148 MC""
RSA- *uD sgSmCA4&V R-/
#X A X / M t4 jM PLFA M i rrrh �I�uCGt.t d ♦�11G 8OMMSE5)s /• dG O
Rs PR O POs efl = z. 6 7 9
R,FSPeCrr-ucc y SU&Ofl 7L0 Sy 08JLOCM93 94
i Luc c a D e s4 vE 84/cmeZ c .4vF,, iAuc . AND
xA NE r c ENO" taAL PIW A All /co#t
LOT 4 LOT 43 Jc LOT 42
�• NOT AN AI�Lg�Jp�N DTH r
S SUFFER AREA ERIN I
FESUILT SLKNO, WRIP RAP
__' - I TOE d MANGROVES SEE SHT
=-�j� �' i•�' ' ''�- A 3 OF 3 FOR SECTION
�•,y�� BUffER I ►AREA, �1
_ 3HANORAILS
SUFFER AACA
A,� r e /./ ' Y ;�- OPEN GRATES NO BOATS
r SO .t•. SMALL O DOLPHIN PILES
►- Q
i • 3S� � 3A AREA TTP Wo `��' OWN
•
NO /6 W i c� 1: �110 s� way AlH! ANDRAiL
44 e 0 �• h l
•� I
I�
(� TIE - UPS 3S D i W O j 17 in .0 IS i I
I in
►- 34 i8 ' 31�
37 ,, A* 6MT LGH. cp �
38 • ' 3s' • d "' 1 -'
10 • f �' • L ;•1'
� 47 ✓ 33)
,)1
32 �11 : •, 20 �.)8 I2 =; S
0 • • .,
a • C'� 31 i't 21 • ` �n
46 a 40
1 `t
1
a 030
4i 5 '10 s 84
�vT2 ' , 23
• a ,�� r •
• (� 29 n • I
OADE x L° 6A o `SI
2 28 ♦s ��,. BULJWEA~" LINE
oz
0
44 43
•. ..... a..I :•�.••, • • . ,
•-.�:..
•27
• .
',:r••+•I
,710
SE NOTE 1
C'�I� p
2b
•„•'• ,•,
PUII
MP UT
PROTECTI
, .
is'
48•
48'
7w
4 •.
NOTES ale
1. IF REO'D, PIERS WILL HAVE OPEN METAL
�'
—
V•
GRATES TO ALLOW SUNLIrHT PENETRATION
PLAi
r.l
TO GRASSES IF LOCATED UNDER PIERS.
rj
2. NO SPACES TO BE LOCATED IN SHALLOW SCALE : f'
DRAFT AREAS.
s '
Q
Oa10:
O
}O
3. NO LIVE ABOARDS PERMITTED
ey,
4. CENTRAL PUMP -OUT SEWAGE STATION
PROVIDED TO BE CONNECTED TO MIAMI- MORLEY
?,
SEWER SYSTEM.
s. NO FUELING. PROPOSED BOAT FACILITES D
R S8 SPACR4� NES aU20 JDING ULY1I979 REV aDJU IN THE CIT�C, 9F.,
,,MIAMI, DADE CO.FLA.
OATS : JULY 1979 J. FREDERIC SLI I STEIN INC.
PROJECT N* 659 f
SHEET 2 0 3 CAMPANILE & ASSOC. INC.
DAM
,"�-;�,/..� (J/.,�it1ct�' MI FLORID
n �r Rr/Vc
..,.."'PIP
A) CRITERIA T SLIPS—
5.0
t
' M.N.W. APPROXI
1 ABOVE
Al K W M. . W. (A/PIIOX�
_ 1 0
NEW eLKNO: — !�
•:
12 DIAMETER{' LIMESTONE
RIP -RAP LOOSE PLACEMENT
TO PIWIDE MANGROVE HOOT -
GROWTH. i
VERTICAL DATUM
N. G. V D. 1929 10
SECTION A•A ,
SCALE: 1 = S
HANDRAILS IN OPEN GRATING 7DAVIT'
BUFFER AREAS IN BUFFER AREAS
. -�— BOAT SLIPS -+- WAVE PMX?TECTION P (1 f Steta
SHONN ON PlA t • 1
PILE CAP• M. H. W. 0,
A��'�.Z'~��
..J.
M. L. W. hsl.t�►- - '
PILINGS
a
A
SECTION B • B °y= ,.
ftM ' Pon r+-�-„ r F•• SCALE I" = S•
!'V
DO , ;! SECTIO �'v oT F-P'�;
C,C�I�I�I �
FOLLOW" MORLEY iIAARI NA
PROPOSED BOAT FACILITIES LOCATED
REV. I5 MAY79 IN THE CITY OF MIAMI, DADS CO. FLA.
PROJECT N4 .- G 69' J. FREDER IC BLITSTElN, INC.
SHEET 3 OF -3 -, CAMPANILE & ASSOC., INC.
MIAMI FLORIDA
J
j
os�
m��'Folk
5 : eY
11 SAD
.2.347
c1%
poex Ms *L MAC.
�. BR��u
N p St re a'N
��LL� � Sly p.�15�u AVDAL P
All 10
to
t� �� spa CN u ptq�
ALL FA
aTL��t�r�
cAt �S6D
a •q'� `cam yy 1IV &44 �1}N°�
.4
['f l t�Ske IN�'`ao
a -40
w� •4rA,
•t.F�•�
04 ♦iO4
t,jO; j
��t; i
:♦�i
IAA8
l0000 1 1�
r—� 60
6�� SO&
N.AC6
It
a.1m
x i $P
f4f v \
CJA
42•'5b
wi
Yf -
VILLA REGINAw FICURCS
ARM 39 Fr
GRoss 6 / rep 199, 7 yL
70 0 RT. of WA y a 1, oo 0
/78, 7 M
sc�el�fR6E'A L14ruD 37,9�0
NET u AL MD s/1F J 4/o, 7s z
AcR.es �.
y.s$S
o•va�
a..a ?01
3. 231
-StIeMElfiE6 Q.l.•?Sh
GL dGIts ' 7'" (oR Note
YA R DS �E �R o F
PR W140At 4ccrssopy
FRc)mr !Z 8 I79.s' . ly2
REAR
ls.y'
81sip s
�.
51 Df NORM
/V s. s f
p s i
y;p • 3 7, s�
sou IN
lys, s"
4f7,.s#*
87.s f
Lor COVERAGE R P9uEs Mb
�! tocvF
2ac•� row E R A` 7Y 3 sq ocr
?s 'l 3 �� Tbw m NOUsI'e s # 100 $Q FT 0/0
091 UppE'R PLAzh 1,y7 it 34 tr /.Oy7 rb 2.670
tat PAAk/NG q2. 99 3 sQ Fr 3o,S'VS're 2$7s
Mr, IIZ 4 #9(7) -PARAIIAIG SrAACtc A4r
4.� vor Ili OAS T** N Zo% (tor how# m ijuus arauc Kc"s
MIA orM No IN S P*NC4 r 5,44t c. Far.4 C eXCW=-4 e
,U*/o Cco r *&eA At I NiC3 3r> c M M e'3) = 2 �, 6 9 7 M I*X
ART. lE f w - cor covE-44sE
*.j Of Mel M u M *-Ctow Fb =
2 z, a64 t10
REQu"m s 00631?70
tsaPE sp C� PPJ�MYE
ReQu. t IP-F-D — 41,boo sQ xr. DQCL'
Fav R &gr4 AAA
m A..Y iAf uAV Pe-s st irmb 2. 20 o
R:e'Q ur s re-6 3. y o 3
1901 Brickell Avenue
Miami, Florida 33129
June 26, 1980
City Commission
City of Miami
fe
Miami, Florida
Re: application for a Planned Area Development S(�/`�J
1581-97 Brickell Avenue DOC Ok
Lots 42, 43, and 44 Block "B" v�
11ARY & WILLIAI•I BRICKELL SUE (B-96) FO� e1v
Idr. Mayor, Nr. Vice-Nayor, and Commissioners: '`. w...
For myself, for the local community organization of which I am the
President, Save Brickell Avenue, Inc., which consists of property
owners in the area of the ten residential blocks of Brickell Avenge,
being between 15th Road and 25th Road, for other property or:ners in
the area and in the City, for other persons who are interested or
otherwise affected b; the actions of the City in regards -to the above
referenced aI 1location, I wish to --a,:e the follo�,:ino objections:
The ap'�lication as sub:.itted by the apl)licant is incomplete and
insufficient in that it lacks the followin,:
1. evidence of unified control, statement of all ownership and
beneficial interest pursuant to Art XXI-I Section 5 (2)(a)
2. a survey of the tract showing existing; piers, docks, etc.,
pursuant to Art XXI-I Section 5(2)(b) and Art XXXII, AI;D Art.
Art IV Section 23
3. Site development plans containing location and arrangement of all
existing structures, proposed traffic circulation pattern within
the development, the relationship of abutting land uses and
zoning, diFtricts, statement of anticipated residential or
other commercial or industrial uses, an ecological survey,
pursuant to Art XXI-I Sectio n (5)(2)( c)
4. A statement describin- the provision that is to be made for the
care and maintenance of such open space or recreational facilities.
Satisfactory provision that non-public areas and facilities for
the common use of occupants of a PAD, but not in individual ovmer-
ship of suct: occupants, shall be maintained in satisfactory manner
without expense to the taxpayers of the City of Miami: pursuant to
Art. XXI-I (5)(2)(f)
5. Copies of any restrictive covenants that are to be recorded with
respect to property included inthe P.A.D. pursuant to Art. XXI-I
(5)(2)(�)
�5. Information regarding the parkinL required for the adjacent marina
facility as required by Art IV Section 23(7), and (8)
7. Information regarding the parkin- facilities required for the
planned restaurant or coffee shop (that has only been mentioned
orally), pursuant to Art. :1XIII.
8. Information rerardin� the parkin,., required for any other public
and / or corrr::ercial areas pursuant to Art. XXIII.
9. Inclusion of the adjacent submerged land in the application, although
the Mans on file depict it in detail, and the presentation before
the 4 ninZ Board dealt more with the marina and submerged land
than , . upland structures.
10. REcommenuations of the Planning Department as set out in Art. XXI-I
Section (5)(5)
11. Application for Conditional Use approval for the marina and
restaurant facilities, as required by Art. X-I Section 1 (2-A).
12. The application fails to state the proper zoning district, particularly
for the submerged land.
Further the notice for both the Zonina Board and Commission hearings were
and are inadequate in that:
1. It states nowhere the details of deviation from the zoning district
requirements or limits, as required by City charter 972 (o)(1),
and as practiced in the past, in at least the applications for
the Palace and Tiffany House.
2. There were in insufficient number of notices, and the time of publication
was not in compliance with Florida Statutes 163.170 and 163.165
(particularly (2) and (3)).
3. It is insufficient in that it fails to accurately list the property --
it omits the submerged land and the appropriate zoning district
thereof. The submerged land, although not part of the application
is calculated in the com;, utations, is shown in the plans and
other exhibits, and was a main topic of the applicant's presentation
before the Zonin- Board.
4. I'To notice for Conditional Use of the I,Iarina or the restaurant
was -iver,. See for some support, Art X-I Section 1-(2-A)(a).
5. No notice for rezoninZ the su.D-, er ;ed lane from. T,-1 to R-SA 1-rts
Liven.
G. The notices state code and ordinance sections, thus I,roviclinL
no actual notice to the recil.,ients, who fro:: the notices provided
can tell nothins•.
7. TUK was AD P41454td roo as Ar io4igW6 hkariry
In no instance is the correct Bulkhead line considered, thas causin
gross distortions in the zonin;; districts, permissible docks (both as
to size and Flacerientl and number of slips) .
This should serve to clarify some of the concerns of Save Brickell Avenue,
Inc. and myself in re-ard to the application. This is not a co:,iplete
statement of our objections, but is intended to hiLhliaht some of them.
Sincerely yours,
&A-v� OVA&6.,��
JANMT LEIOi�t- 1;7AL71.1AII
as President of SAVE ?RICKELL AVr-,TUE, IIIC.
and for herself
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STATE OF FLORIDA
SS:
COUNTY OF DADE
AFFIDAVITdo
j
P
BEFORE ME, the undersigned authority, personally
appeared COLIN MORRISSEY, who, after being duly sworn, does
depose and state: 1
i. I am presently employed by the County of Dade in
the position of Director of the Department of Environmental
Resources Management.
2. I have been so employed for approximately ten years.
3. My employment involves, among other things, the
enforcement of various regulations, ordinances, and laws promulgated
by Dade County and the State of Florida regulating environmental
and polution control matters, including bulkhead lines.
4. Prior to July 1, 1975, Dade County had a bulkhead
line which was located some distance from the shoreline or line
of mean high water out into the body of water.
5. Effective July 1, 1975, that bulkhead line was
removed pursuant to Florida Statute 253,1221.
6. Effective July 1, 1975, the bulkhead line was
removed to and established at the line of mean high water or
ordinary high water pursuant to Florida Statute 253.1221.
7. Ever since July 1, 1975, the line of mean high
water or ordinary high water has been the official Dade County
Bulkhead Line.
FURTHER AFFIANT SAYETH,-�90-7,
COLIN MORRISSEY
SWORN TO AND SUBSCRIBED before me, this _day of
.Tune, 1980, at Miami, Dade Cou t , Florida.
Idota Public, tate of Florida
at Large
My commission expires:
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CARL W. MARTLCV, JR.
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R000RT M. R000NSTCIN
CLII/ORO A. SCHULMAN
MARTIN s. $"^PIRO
MARLCNC R. SILVCRMAN
ROSCRT M. SONOAA
LAURA P. STCrMCNSO"
R000RT N. TRAURI*
CILCCN TRAUTMA"
OAVIO W. TRCNCM
STAMLtT M. WAASMLAO
JONATMAN M. WARNCR
WILLIAM A. WCSCR
2ACMART M. WOL//
December 11, 1979
State of Florida
Department of Environmental
.Regulation
South Florida Subdistrict
3301 Gun Club Road
P. 0. Drawer 3359
West Palm Beach, Florida 33402
Re: Application of Nicholas M. Morley - DER
File No. DF 13-20223
Dear Sirs:
��z
ORICRCLL COMCOURs
IAOI ORICKILLL AVCMUC
P. D. OOA 011680
MIAM1, FLORIDA 33101
TCLCIMONts
WAN, (309) 377-3801
SNOWAND (309) 923•0111
TCLCA 44111711
We have previously commented to you by letter of August
28, 1979, and as noted therein, meetings have been held be-
tween representatives of our client, Brickell Biscayne
Corporation, and the applicant in an attempt to more fully
understand and reach an agreement regarding the marina con-
struction proposed by the applicant. Our meetings have ••
resulted in an understanding as to certain conditions that
will be met by the applicant in his plans and as shown by
the letter from J. Frederic Blitstein, Environmental
Planners, Inc., attached hereto and made a part thereof.
Our understanding is that the applicant's proposed marina
will meet the following conditions, at all times:
(1) The northerly pier planned by the applicant
will be at least 15 feet south of the
boundary -line between Mr. Horley's property
and our client's property;
NE
I
State of Florida
Department of Environmental
Regulation
December 11, 1979
Page Two
i
(2) That said northerly pier, on its north
side, will provide for dockage of boats
no closer than 70 feet from the bulk-
head line and will provide solely for
dockage of boats no greater than 25
feet in length and solely by means of
davits]
(3) All piers (3) will not provide for any
boat dockage of any sort within 70 feet
from the bulkhead line and the initial
70 feet of each pier shall constitute
a buffer area with no dockage permitted.
Upon the representations of the applicant that said conditions
will be met and with the assurance that no amendments, modifica-
tions or changes in the plans would affect the above -noted
conditions, we would respectfully withdraw our letter of protest
to this application filed on August 28, 1979. However, we would
respectfully request -that any changes in said plans, that would
violate any of the understandings noted above, not be considered
by the Department and we would reserve our right to notice of
said changes and protest to the application as a whole. Please
notify us of any changes in the plans that might affect these
conditions.
We appreciate your time and patience shown in this matter
and your further considerations regarding same.
Yours very tru y
q�j n
CLIFFORD A. SCHUL14MI
CAS/tr
Encl.
cc: Mr. J. Frederic Blitstein
Mr. Nicholas M. Morley
Mr. John Coombs
Mr. Philip Blumenfeld
L
GREENSERG.TRAURIG.HOFfMAN. LIPorr.OUENTEL 6 WOLFF. P.A. 1L �
•
December 6, 1979
Mr. Cliff Shulman
c/o Greenberg-Traurig
1401 Brickell Avenue
Penthouse I1 ,
Miami, Florida 33131
Dear Cliff,
RE: MORLEY MARINA
Pursuant to our meetings with Mr. Phillip Blumenfeld, and
subsequent conversations with Mr. Robert Traurig, I am submitting
the following information as authorized agent for Morley marina,
l9cate4 at 1581 Brickell Avenue on Biscayne Say. The following
items are a part of the overall application drawings which
have been submitted, reviewed and-acepted by the United States
Army Corps of Engineers and the State Department of Environmental
Regulation:
1. There will be no boat tie ups along the entire bulkhead
length of the marina for the first 70 ft. of pier space.
2. The piers in this 70 ft. buffer area will be utilized
only for aesthetic pedestrian walkways.
3. The northern most pier will be located a minimum of 15 ft.
to the south of the northern most property line.
4. Only davit spaces will be -provided along the outer mo qiV77
side of the northern pier. ZS
5. The davits will be limited to boats not exceeding.,.Wft.
in length.
Sincerely,
For J. FRED IC B ITSTEIN, INC.,
J. Frederic Blitstein, Ph.D.
�JFB:mw
SAVE BRICKELL AVENUE, INC. has worked very hard over the past three
years to protect your investments and the beauty of Brickell Avenue. WE HAVE
WON THE LAW SUIT REGARDING THE U.T.D. TOWER. THEY WILL NOT BE ABLE TC_11U=
X7E7Rb7TTI=G .�THIS I'S_7TNXr= AbT"' 7E T DDIST=T_70MiT_O7_A L
HAS RULED. SAVE BRIZK �L AVM, I.�SfD�HIS F YTfTT—
Save Brickell Avenue has spoken before the Zoning Board and City
Commission on every piece of waterfront Brickell Avenue property to come
before them in a projected development. We are recognized by all the City
Commissioners, members of the Zoning Board, and many of the City Employees
who deal with these matters. We are a respected group, and our opinions are
considered valuable. As a result, we have been able to reduce the size of
many projects without having to go to court.
But we are faced now with perhaps the greatest challenge to
reasonable zoning yet. Both the Zoning Board and the City Commission have
approved a 41 story building to be built just north of the U.T.D. It is the
largest building that has been finally approved by the City. It will rise
404 feet above average grade. It will have a bulk figure (called Floor Area
Ratio or FAR) of 2.94. Before this, the largest FAR has been 2.40, and only
one project has been that big.
Because we believe that the technicalities that permitted such a high
FAR are invalid, and must be ruled invalid by the Courts, Save Brickell Avenue,
Inc., has f—iced a lawsuit to overturn the approval given by the City. This
may result, if we are successful, in the developer having to build a smaller
building in accordance with zoning ordinances that make sense.
Also, the Zoning Board, the first step in the hearing procedure of
the City, has just approved the Villa Regina project with a FAR of 3.40. Your
Board of Directors of Save Brickell Avenue, Inc., believes that this out-
rageous. We believe th d these rulings, if allowed to stand, will result in
monster buildings, as big as one and a half times the size of Brickell Place
on the same size land.
If there is any hope of stopping such overbuilding, action must be
taken now. We cannot wait a year, we cannot wait a month, we cannot even wait
a week. We must hire an attorney who can represent us in court and explain
both the legal and other reasons why this should not be allowed. And there are
good reasons, both legal and otherwise. To do it, we need financial help. We
need to ray off the attorney who did such a fine job with the U.T.D. case. And
we need to raise money for the attorney to handle these new cases. Because of
the laws of Florida, we must have an attorney --it cannot be done without one.
So the question becomes, ARE WE WILLING TO CONTRIBUTE TO A CAUSE THAT WE
BELIEVE IN? It is really up to all of us who own properties on Brickell Ave.
and want to preserve its beauty and value. We don't need another Collins Ave.
We have already proven that IT CAN BE DONE. Remember, no U.T.D. Tower II!!!
Do you want Save Brickell Avenue, Inc., to continue to work to keep
the buildings to a reasonable size? If so, you must send your contribution
immediately. For technical legal reasons, we cannot wait. The question of
whether we proceed with our fight MUST BE ANSWERED WITHIN A FEW DAYS. There
is only cne way to say yes --by contribution:!! Make your checks out to SAVE
BRICKELL. AVENTJE, INC. and slide them under the door of B2010, or mail to
Box G, 1901 Brickell Ave., Miami, Fla. 33129.
THANK YOU!!
F.S. Reserve: June 26th to go to the City
Details will follow later.
Commiss e t � %m� ills
DOCU
FOLLGti"r
Regina.
it go**)
INOTICIAS IMPORTANTESIjr"I"..,AS IMPORTANTES! INOTICIAS r.JANTESIINOTICIAS IMPORTANTESI
SAVE BRICKELL AVENUE, INC. ha trabajado insesantemente durante los pasados tres
anos para protejer su inversion y preservar la belleza de nuestro Brickell Ave.,
oponiendonos a la fabricacion de edificios de condominium que por su tamafro exagerado
y otros aspectos no conformaban a las ordenanzas del departamento de control de zona.
Nuestro primer triumfo fue la derrota final de la union U.T.D. que pretendid ilegalmente
el fabricar otro edificio en su presente area de parqueo. Hay que tener muy en cuenta
que los planes de la U.T.D. habiam sido previamente aprovados por el departamento de
control de zona y por el alcalde de Miami y sus comisionados.
Para triunfar y establecer que se respeteran las ordenanzas de los departamentos de
control de fabricacion tubimos que llevar el caso a la Corte por medio de una demands
y la torte nos dio la razon y ganamos el caso. Desde entonces Save Brickell Ave., Inc.,
ha sido reconocida tomo una organization meritoria que lucha por to que es correcto en
relation a las fabricaciones en Brickell Ave. - Hemos sido llamados en consulta por
muchos duenos de proyectos de fabricacion y sus abogados para saber nuestra opinion
del proyecto antes de ser presentados para su aprovacion. - Como resultado hemos
podido influenciar para la reduction en tamano de algunos proyectos sin tener que it a
la Corte. Es asi Como nuestra organization es reconocida y respetada.
Pero en estos momentos nos vemos frente a la posibilidad de perder todo to bueno
y positivo que hemos venido haciendo, debido a una nueva interpretation del codigo
del departamento de control de zona hecho por nuevos empleados, que consideramos no
solamente totalmente sin fundamento legal sino que consideramos una artimana
inaceptable para favorecer la fabricacion de edificios gigantes en areas de terreno
que hasta estos momentos no se admitian.
Un ejemplo es el edificio de 41 pisos y 404 pies de alto que se ha aprovado
para construir a pesar de nuestras objeciones en un terreno contiguo al edificio de la
U.T.D. y que pertenecia al alcalde de Miami. Hay otros dos o tres poyectos mas de
fabricacion solicitando aprovacion del departamento de zona y del alcalde y sus
comisionados, que si son aprovados y construidos; Brickell Ave. dejara' de ser para
siempre to que hasta ahora es! Una avenida preciosa con lindos edificios y suficiente
vegetation alrededor, y luciera mas bien como la jungla de concreto y asfalto que es
la avenida Collins Ave. en Miami Beach. Save Brickell Ave. ha presentado una demanda
en la torte, que es posiblemente el unico lugar donde se reconozca la insensatez de
esos proyectos y oodamos lograr que se reduzcan de acuerdo al tamano de los terrenos
donde seran fabricados. Lo logramos una vez contra la U.T.D. y podriamos hacerlo
de nuevo.
PERO la urgencia y carencia de fondos para pago de abogados etc es agudo;; todo
depende de todos aquellos que como duenos debamos tener el deseo de protejer to
nuestro. Unamonos de nuevo en este esfuerzo. Su contribution en cheques pagaderos
a Save Brickell Ave., Inc. puede ser dejada bajo la puerta del apt. B 2010 o enviarlos
a Box G, 1901 Brickell Ave., Miami, Fla. 33129. En la union esta la fuerza.
Gracias por so ayuda y triunfaremos!
i
r I t�.••�t t�
1�c�g[Li!
DEPARTMENT OF THE ARMY
( CORPS OF ENGINEERS
Z s`
NOTICE OF AUTHORIZATION
02 January 19 80 .•:��{
.:
/IN
. A PERMIT TO construct three (3) docks with mooring pilingseship
Biscayne RayAT
Brickell Avenue, Southeast of SE 15th Road, Section
40, To8,
Range 41E, Miami, Dade,County, Florida
•;_
HAS BEEN ISSUED TO Mr. Nicholas M. Morley ON
02 January 19 BO
;., 2581 Brickell Avenue
• ADDRESS OF PERMITTEE Miami, Florida /
;�'
PERMIT NUMBER bLW)-UUUd �J S W.
K. ADAtw, Cul..., 4;.a.
• ��
District En=inur
w ;o "" 4"` THIS NOTICE MUST BE CONSPICUOUSLY DISPLAYED AT THE SITE OF WORK.
DEPARTMENT OF THE ARMY
,
Y. • ARMY 9NOIM[[11 DISTRICT. JACK[ONVILL[
• JACK[OMVILL"' /LOKIOA 2=101
Y
paTAO[ AND I[Y ►A/0
• ►[NALTV FOR /AIVAT[ U/[ [)00 0[VAATM[MT 01 TM[ AAMV '
DOO- 314 r
. Area Engineer
,
Miami Beach Area
' U. S. Army, Corps of Engineers
P. 0. Drawer 59
Miami Beach, Florida 33139
•
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