HomeMy WebLinkAboutR-80-0185f`
No
1°1oi80
RESOLUTION NO 8............ g.
ZONING FACT SHEET
LOCATION/LEGAL
GROVE ISLE
Tract
FAIR ISLE REV.. (34-70)
OWNER/APPLICANT
Martin'.Marg.ulke's Phone: 858-74,436.1- 1 1 1
v . 1
Grove':Is e: I G ove r Isle Blvd
. 33133
ZONING�i,.
'R. 5, (High 'Density Multiple, Dwelling)..:,
REQUEST-
Conditiohail,,Use.appiii6�tio��'..to'permit'.
1 . 1
a: , S 1. 1 " P, 1�arina:(Grove Is 1 1 Marina)
'onabove si e i :as:,, per. -on,, _f ile'' plan
with docks°'extending 165' ':i'nto.Biscayn6:1_1
Bay.
EXPLANATION
Applicant states that' the.90slips,to,be
i ' - will
n tru'C-Le&, will, ease the Or I e� ure'., on.
constructed s t e
h
—1, n
municipalc
fa ilities by�..�a owi�g'tne;res
dents. :6f..:Giove..�ls'le'i,,who,are` .,rE"qldcihtsof
- the C,,.,ity"..'of-Iliami ,ana,.wh6::dre'lDart'.,of,th4
publi 'bdv, toe'l
c ..b :,maintain, oats and nave
.�bbating access to Biscayne Bay rom�t e,,,
I ' "' 'f ' h ''
�Gk6vib Isle property;".
RECOMMENDATION.-
APPROVALIN ACCORD WITH THE PLANS .,ON FILE
he. proposed, w
T 'marina will pro v i dockage I
PLANNING
_'_�sp'dce,., or residents:_, f h 1: d T
f the island. an he,,
0
DEPARTMENT
_ad sin; ous' s
h e at� eastfifty boats
o various sizes so the��pse: itselfwill be,
c n- �re :to nearby
omparab,le�, totmarihe',, , ut`s6' Lited-
properties. ',The'.cha'n1- o approx
ne % width f -1
mat6ly- 4-35.1. pro.v or t ese
ides ample ,zoom 1 'h
oat!�_to::,ma Th6'airea,la Jac nt.
n66' d'- e - to
:the seawall: is, restricted boat �-agel.
from_.,bo dockage.
to preserve the, d'j �th e oun n is
area.
ZONING
�..De f f da' t e: the-.
erred or, 90.1, ys, 0. 91V .cf izens:,
tllime, to'... return ,:with ::any'add;ition& acts'
or studies,
Denied on December 17 U;19 79
CITY COMMISSION
Deferred on February 2 19 8 0.
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IVE
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�:�ux.er
rt,SOLUTIO"I MO.
A 'P\'?'SOLU'.'ION' 011ANT11C A CC)"lI)ITIWIAL t'Sr AS
()"'il"l . CLf' III,
TO 17 t` i, r 'I'1'
A
, � 11 II
(f'►'U� 1. I.,t.l: .:C�IA) ON"!'v1("►' A FAIR IST,111,
i4-70) IWI�l(: Cl)'OVF IP:[X, AS PER 1.AN
ON I '1::.i: W1TH 1 ock'S 1•: '1'l:';:�LPJC 1f�5I'd'I'Q
SISCAY:11: LAY; Z01N :D R-5 (UL'Olt D) ,SITY N'ITLTIPLr) .
WHEREAS, the City of Miami Zoning Board, at its
r.:?ctitip, of December 17, 1979, Item Plo. 1, follot.iing an advertised
hearing adopted Resolution Flo. zB 243-79 by a 5 to 1 vote denying
the conditional use hs hereinafter set forth; and
W IEREAS, the applicant has taken an appeal to the City
Commission, and
I-IHEREAS, notwithstanding the denial of the Zoning. Board.,
the Ci"-v Commission after careful consideration and due deliberation
oE this matter has determined that the conditional use requested
meets all the City's requirements for said use;
NOW, THEP.E ORE, BC IT RESOLVED BY THE COIyMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The Conditional Use as listed in Ordinance
_Io. 6371, Article IV, Section 23(2) (b), to permit a 9n-slin marina
(Grove Isle Harina) on Tract "A", FAIR ISLE RMI (34-70) , being Grove
Isle, as per plan on file, with docks extending; 165' into Biscayne
Bay; zoned R-5 (High Density Multiple), be and the same is hereby
granted.
PASSED AND ADOPTED this day of 1980.
,sFS
MAYOR
ATTEST. vV !•p + ram,��1f
MI,I'iI (, . ONGIE
CITY
PP':PARED AND AP1'I:OVF;D BY: APP' 'T) AS TO PORM MID COPRMC'MMSS:
/;, 1 ''� _
'l::RhY W. CIE011(".
A-*-;ISTANT CITY ATTOMEY CITY n 1
P
GROVE-: fftt
Tract "A',-- FAIR:, ISLE lt'MED (34-70)
� d.it io, n aliu.: se,'o., permit', a., 90-slip
Conditional
marina e e ar na) on - above
rove�Isl M..i v
.6 ite, as per,,1plah ..on, f ile', with - docks'"
ex"tendin,j 16 f eet into Biscayne B ay.
:Zoned.,R-5
'(HI-9 Dens ity'Mult i'ple
Defeired�f zoning ard meeting of 9
r6m totlo /7,91
sec] retary. iled proof of publication of.- Lega 1 Not ice of -Hearing
and administered oath to all persons testifying'atit is,learing.
PLANNING DEPARTbIENT RECOMMENDATION APPROVAL'"
IN,iACCORD'WITH THE PLANS ON FILE. The,pro_
posed marina will provide dockage space ::.for"
residents of the island. The adj*acent basin -,,
houses at least fifty boats of various sizes,,...
JIQ
UP P _M/
so the use itself will be comparable ,-r_o.marine.
'
use related to nearby propertiesThe channel
iEN'l
feet t,;"provides idth of approximately�,�ampie
w435.
r6om, for these boats to The
's
manoeuver., .area,.
FOLLO10
'
adjacent "toe, t�seawall', is.':,,"restricted' f r6m
�:the : marine life oun b.pat, o,cage. to preserve
nthis area. N:
Ms ""Callahan I Thank ypu,
�Mr,. �.Takdif f m ' name is yJeffrey Tardiff, 3590 Crystal View Court.
With respect'..t-0-11 teml Fair Isle, I spoke to Gloria Calhoun, president
of thelAa64yne' Ba I y C ivic Association, who asked me to request at this
meeting :1 ithis'-.eivening that we postpone this for several weeks. The main
reasonshe -,,4ivei-vis that the proponents have stated that they would
contact the landowners; have a meeting with us; discuss the points of
differenc'es'and see if we could work out a compromise. Most of us
received, a-, let
ter stating that they would try to put some form of a
meeting'tbgether., I I personally called about two months ago and spoke to
a representative from Fair Isle who said I would be called back and the
time andpiace of A meeting would be given. We have not received notice
of same,,to date. As`
Gloria Calhoun, president of the Biscayne Bay
Civic Association, and myself, would like to postpone this meeting.
Ms tall'ahan.--It, is not customary that we postpone or defer an*
Item for .the'-. opponents.
mr.,.,Perez-LUgone , sv Mme Chairman, the right to request a deferral
is on the.part of the applicant and it is thd applicant who has petitioned
for this'.hearing. 'It is 'his right, the applicant's right, to request a
deferrdllbecause of a short Board. With.reference to notification to
property llowners, there.are no property owners within 375 feet. Neverthe-
less, allinterested organizations who have requested the agenda be sent
to them..
., have.been so notified-.
Ms. 'Callahan: so unless the applicant wishes to ask for a deferral
December 17, 1979 Item 1
ZB
tc)
evening nours. Our plan t d b':: fire
mee's.an �exceeds,t e�fire control requirements
of the City' of Miami. li d 'ki a
All'..vesse s ` docked t this marina will be required
i ities, evacuation ac e
to have, - other fa'c ion,1 iliti s in the event of hurricanes
or distress warnings.
:,to dwell, as staff has mentioned, on the shortage of
wet storage or,wet ..do6l,,,iq6in.-our area. Certainly we all acknowledge
that shoita`ge.I'm sure 7the 1opposition does as well. They'd rather have
it somewhere ,,,else ,1 �.e 'Certainly, there is this shortage that we all recog-
nize, of wet dockage'. :' We'll have no dry storage of boats. Boats will
not be 13 -kted]:in,,:, a nd out':of the water at our facilities. They'll all be
in the water.
an n the position where we are today to know
that thereenvironmentalimpact study conducted by
the Corps o-..-ngineers, We've had extensive hearings before the State of
Florida -ajid'their-,'Dep''a'rtme I nt.6f Environmental Regulations. They have now
issued their .letter ,1:of our permit. The objectors have appealed
that and, ' there,:-iq,a�,hearin-gc.pi�izig up on January 2nd or 3rd of 1980. That's
in the form 'of an ;appeal " by : th-
,e. citizenry, which they have appealed not us -
but the .StAte�of,Floridal.'s,dd.t-ermination to issue our permit which I
think: is important"I for this Board Co know. We've had approvals from the
Federal go:ve_r-'nm'en't.and, the.'Pos'iti
the Depaktme_nt., 1 0 1 f i te:L
on of the National Marine Fisheries Service
n ror; and we've had the, determination of the staff
of the'SO.uth_: Florid
or a matter of development a,Regiona Planning'Council that we're not a D.R.I.,
impact 'Which required their further clearance.
-4- December 17, 1979 Item 1
ZB
open puoliq nearing. Many of the -same, peopiewho are'Iher,e the hearing
s evening expr before and who are�,here-.'thinin'q:�Madet eir,comments,.a. essed
'0
�'f-ihe"'c chief
their negative ana ysis.as, to our-. application' The.',.staff ,,,,
i _ �Ii'_ ' '"� " ' , '� . sta"'te--uep''ar" tm6h-t- 'of
envirop.me.nt-lai�'*.'agency,.'fo"r*.t the State ftc')ri'da�ie: the4,1
t rnvironmen'tal Reguiation"s''zafte"r, extensive reviews �o �,the .projec . znd,�,a
s approved - ov6d the r di -
myriad ofmeeting , with ,an my staff, , 11, e,,.ma r i n a,,,� as:,. , 0
as to th'etimea`h'd_,g6 the processing', and de I sign changes and the
studies, �'L,the'la I st od:',whi*6h.vas.�completed.: 'n r _kiday,.and a copy of which
:' ' o
has been : submitted ..o.you�'Iwhich ledup;tolthe,.,Presentmodified desigp
-
which y6u'.have'o
� in'�,front, � t you as w ell:.
_, ,
SOW1854
,.k ,` �..;5.,:.f`,1 �.,' ,".fit: fc.. Ci y..p�;'�'-
be ready
to answer them.
Mr..
Pearson`: As best ,I"can and .I will.
Mr.
Rolle: Mr:.Tearsom, when,"I listened to the presentation I
understood
we re about::areduction in the length of the docks.
Is there
a net reduction in`the docks or a reallocation of footage?
Mr
Pearson: There was"a reduction Mr. Rolle,' as I understand it,
from our
original .application which extended almost'245-feet'. After.the
review, with
the"State and 'the Corps of Engineers they reduced it to
165 feet."
The reason iwe say we ve�given"up_approximately 50$-6f�the
length is
because the back 40 feet will not be usable for boat dockage.
Ms
Callahan: via you :get your anscoer Mr Rolle?
Mr.
Rolle: Thank you 2•ime: Chairman.
quiet when someone"
is full of mullet.
:s 'a';Drl
pollute
could'
"walk
on' t be.
canal. -"
ility ';of
hey: make a
Job,of
cleaning out the <sewage. you knoW� -h_' I' some thing wrong with;=thati.
So let's' go right back to, the' Ordinance. They 'must ,show that, it will not
adversely.affect the neighborhood. What have they''done'to show that the
-14- December 17, 1979 Item l
ZB
4
adversely:, affect theneighbo Ii r oo and
should bb,'denied; -','th-ef''h6uldbe'seAt,
instructions' to come: back`` with ry? s thi
s o T
mr- Ta r(4i f f _Ta' 4: 9 m
View Court:. I'.called '.� Mr..,. TerryAfe
me back"`
were supposed 't o se
You '%
bis Callahan�:,,
please add,re
agreement with that you've heard,so, 'far this evening
6
. Z$
N7,
— �.w.l:�; _':�uk:••::.-r, ��. �^:•Yti.Y, 7eii::1�""wsiiPhw':•'�v'l• .c'i::il _�'
4
1-1
.. _ ,�.�1...._^.:F .�.�r�.sa��i�:::,Y 7 ' :•-.: :yes
L'
nm
:++ S..�Y.i'._t.__��•'=wN-r'..(hiLfi'l�'f.�iJ•�y"'it'Y:1.e%�'vlr-5tF4=.
�� II
1
. 1
t•is Callahan: Mr. Carner, enlightens us.
Mr.' Pearson: Ile', enl'iahtenn you as to what. a `Ciaarntte- is_ well.
_c i.a;aaxsi:aaats'�',L:r.:d:
I�
OM
4W
N
E
iease, ' bargain or.,deal * the la
over. �:such :, As eh,
affects ', our neighbors . , I,: belie'
extent that it protectsfishe
there are more qualified '%age . n c.
One.of the things' that:seem l,,.t,
that seems to be veryadequat
which frankly, I have ne'ver.s
with wherein a monitoring pr
until 90% occupancy of_thea' ,m
of one year wherein,.:.,co 1. li, kor , ir
the neighbors across I the way;
the water.are monitored :for -a
that should either monitoring
ve . ai
ries
b .
" enAn the D.E.R. letter is Item 7
; I
be- answered before,.and f i'.and which I am terribly impressed
�qlj:Am is,: to be,.e'st.ablished that cannot begin
between the status ,now ,
d the sty
approval and apparently- step in b
you can hardly, �ask f ot. more e than
1
I,.
s
•
1•
a
wi (redo Gortz of fered the.,following resolution � c
moved its
adoption: ,
RLSOLUTI01-1 ZB-243-79
RI.SOLUTION. TO DENY'R1.QUEST 1'OR
CONDITIONAL Usr, AS LISTED ItJ
ORDINANCE 6871, ARTICLE IV SE•'CTION"'
TO PERMIT A NIIJETY (90)
'
SI:IP MARINA (GROVE ISLE: MARINA)'' ON"
TRACT "A" ; FAIR ISLE•' ;REVISED .(34-70
i31.IN(; GROVE ISLE AS PER PLAN of.;rlit- ,
tJIT11 rDOCI:S EX`IENDING 165 FEET ,INTO
13ISCAYNE 'AAY.'` ZONED R-S (IIIG11 DE1JS1TY
MULTIPLE);.
Upon being seconded by Mr. Idellington Rolle, `i:his; resolution was
passed and adopted by the efollowinc vote :
AYES Mmes., *I3aro; Basila, ,CaI!ahin
hlessrs. Gort, :Rolfe
NAYS Mr. Canner
--Mr. Perez-,Luaones : [-1ot1on .to deny ;oass`es
5 ,. , 1 You
have 15 da��s to appeal. You have the right to do so: hf
you need
instructiions,,.come to; my office and„I will instruct as to
the procedure
for' apnea to the° City Commission.'
*I9rs. Aaro ati, vote ca l: I would.have`pre. ferre(I that }icy
.tal}:ed some
more but I. grill vote ,ye,s to deny.
t
a
'
,
-30= beccmbc'r 17;, .
197-9 Item l
ZA
t
guess I should'state for the record that my name is Larry Stewart. My
address is 1 E3iscayne Tower in Miami and I represent the applicant. Of
course, I'm very familiar with the events that you have described con-
cerning ,that settlement and negotiations and the matters that were agreed
to in that settlement since I was involved in that. Sir, if you sit
there and`tell.me you can approach this matter with an open mind and that
you can be completely fair -in your disposition of the issue that is
before you today, which is a conditional use p)rmit to allow,.instead
of 25' piers which Are allowed under the law, 165' piers, six of them,
that`I will, accept that,and not ask you to step aside as long as you're
satisfied'in your own mind -that you can treat it that way.
Mr.'Carner: I believe.I'can treat it objectively.
Mr. Stewart: If I may proceed Mme.:Chairman, as.I indicated, this
is an application fora conditional•use,permit. The -property is zoned
R-5 and the1Area that we're talking about in terms of this zoning is the
area that's indicated in the hatch'marks (projection map) which is
basically on the west side of the Island. Again', you may not be able to
see it from where you are 'seated because of the lighting and the scale
but I have up here a more detailed drawing ofexactly what is proposed as
far.as this marina is concerned. Basically ;;what`we're asking for is the
permission.to put piers in`for,165' of length; only 125' of that total
length will be used for dockage and I will explain that in just a minute
as I-explain`the total scope of this application'.
Basically, what these are, are concrete fixed piers extending out
for the dockage and it will accommodate approximately 90 boats, most of
them in the 25$ to 35' category. The Bay area from the western edge of
the Island over to the adjacent mainland is roughly 700' across there.
The Planning,council discussed other uses in the area and how this was
not 'in conflict and you maybe familiar but it is not shown on the display
up there but there is a canal leading into the mainland up there in which
a large number of boats are docked up in this general area. Out of that
area and out of this `Bay -area between the mainland and the Island, there
is a canal channel which is not currently marked with any navigation aids
but which is existing on what I would say is the north side of the Island
between the Island and between Mercy Hospital, and that's what all these
boats are currently using, to go in and out. As I've indicated, this is
part of the overall development of Grove Isle and it is for the use of
the residents and'the'purchasers on Grove Isle that this marina is con-
templated.
We've worked a great deal with the staff here in the City of Miami
as well as with the Federal and State agencies in coming up with the
overall plan for this marina. There will be no dredging required because
this water area is naturally deep enough; the area where the boats will
dock is approximately 8' to 10' in depth. In planning the overall marina,
we,have'tried to plan it with as little impact as possible in the area
therefore there will be no fueling facilities; no in and out type of
service, this is strictly wet -dockage. There will be a sewer pump -out:
station available for all the vessels and they will be required to use it,
the vessels that dock there; there will be daily trash collection as part
of the overall Grove Isle project; there will be no live-in facilities
allowed there; there will be no commercial facilities as far as the boats
are concerned; there will be only low-level lighting on the docks them-
selves which will be 'a .low light which'will throw light basically on the
pier surfaces themselves.ol
Theplansa's'we`,have checkedthem with the fire control people, meet
or exceeds all requirements of the City of Miami and Metro Dade County
as`far�as fire control is;concerned.:.All .vesse is"'that. dock -there will Vd"
requiredto have hurricane evacuation,'facilities for their boats and will
be required;to leave the area``the same'.as other public marinas in the
-59 September 10, 1979 Item 12
2B
m
please be'concise when you,come up.
Mr. Talburt: t�ly.,name:is Aubrey Talb.urt,;1801 Fairhaven Place.
It's located -on Pelican.Canal', the canal that is going to be most directly
affected by.this' propos"al. , : I also `own "the_ property that is directly
next door,; to my. home `at";1795 Fairhaven_Vlace that's- rented -out to a --
tenant. We have, on both properties, a, sea wall; we have a dock and for
the purpose of 1lustrating.the, thing that I am very concerned about, I
would a ppreciate.it if we,could.lower;the chart to show the relative
position of ;Pelican Canal and'the thing that I am concerned about to wit:
sewage. Raw sewage in our canal dumped by some 90 boats. Ladies and
gentlemen we don''t have",the chart, that is, it's off of the chart but
if you will 'look`,'directly across the Bay - approximately here is the
entrance .to Pelican Canal (projection map). It runs in towards Bayshore
Drive for oh, about'250' then it makes a left turn and it runs a distance
of about.606: where it ends at Fair Isle Street. That's the access
street to.Fair '.Isle': leading off of Bayshore Drive. Now that canal is a
dead-end canal..` It has existed - I don't know how long it has existed -
but the old house that I own that's next door to me, I was told it was
built in'1931 and apparently that canal was there at that time. Now
there's.a great 'problem with a dead-end canal and that is debris of all
sorts comes`in and it begins to settle to the bottom. As you get closer
and closer to-the.end of the canal, the debris, the filth, the sewage,
anything that might happen it comes in and settles on the bottom. The
canal cannot flush ,itself. Now as you approach the end'of that canal
towards Fair Isle Street= and"my hoine'is right on there and it's getting
close - I would say I'm'about 150' to 200' from the end of the canal.
That canal overthe;years has begun to -shoal and it shoals very fast
with a.mud bottom:" It is`.however and,'up to this time, it is a clean
bottom;that is:it's��on'ly.mud: It's not sewage, it's not filth, not yet.
Now this`°is the'thinh I'm very concerned about. I don't know whether any
of you have. been byI'air Isle but if ;you have, you've noticed that there's
an`old.`derelict of something that I'll call a houseboat. It was something
-62- September`10, 1979 Item 12
ZB
c c'
or take any s'i
pending the r
In addil
respect to .thE
Regional Plan
The last', docu
South Florida
is a part of 1
of Engineers,c
cally that th<
of the view t}
Regional Impac
Discayne:Bay
project shoul'c
surethis I3oa
That has 'not `k
has cnncl](�rnr
it puce..,, ,cnere.- are two, .other, studies ,underway
nt and which this Doar d should take 'into
ng any final decision. First is, Dade County
g S.tudy which is.currently underway. We've
ing aboat the.need for marine spaces in Dade
ion.of the factthat there'is a shortage .of
no bne�would ,deny',, that.
deny",;that. But I think it
rgue that need .and to try to balance that need
cayne Day.Aquatic Preserve Act Task Force
Dade County Planning Department and the
nyironmental,Resource Management is currently
which is>scheduled to be completed next
nmental groups, ,from marine interests, from
e panoply of the citizenry and the needs of
a balanced recommendation as to what the
nity are;for the entire community. I believe
or.this Body to make any decision with respect
d further the construction of this marina
hat study.
rprised'to hear Mr. Stewart's comment with
e said,,the staff of the South Florida'
avinq given some approval to the project.
record''that I saw was a letter from the
Wing Council to the Corps of Engineers which
and the record of the hearing of the Corps
79.which indicates very clearly and unequivo-
36ed the entire Regional Planning Council is
slip marina was in fact a Development of
3 an impact on a regional resource to wit:
s.such a project could be approved, the entire
ze,.Chapter 300 permitting process, which I'm
a very complex and time-consuming process.
a Corps; of Engineers, as indicated earlier,
ttlis matter on April 3, 1976. There were 26
iosition,to the marina representing every,
Ln the City and every major civic organization
ICoconut`Grove'Civic Club, the Bayshore Home-
:ail..Association and Tropical Audubon Society.
srine'scientists from the University of Miami;
rine;biologis`ts; there were members of the faculty of the
-66- September 10, 1979 Item 12
ZB
no. quest
e County
ate .to `a
The Dis
p of :the
ent of rL
ed study
m envirc
he,' enti:r
up with
is ' commu
biia't6l f
ich woul
ion of t
I, was su
zatio
ludin
M
ria � Calhoun. Mrs. Calhoun:.:�11 name:ls Glo Vm�:President f, the
y.� 1 -1 1-1, 1, 1 1-4111-1 1--'-, il--- - 11.11
a statement. Dy- ur. F%nitra -i-nornaug., wno is interna--Lundi.Ly
her stddies,of�marin e, 1ife-And:,-:s6agrasses; a statement by Dr. Renata
Skinner'who is "-'expert I on fish diseases; a statement from Dr. C. Bruce
Austin of,thel,,Universi'ty,of Miami who has made a very extensive study
which D,ade,Cou'nt kin' advantage of now which refutes the Planning
y..is,: �a_ - g.,a va,ntag
DepartmbhtlS::statement :",Ab6,ut.the need for public berthing facilities
because.:•as.Dr. ,".,Austin :very I eloquently points out, the public need will
e s And he goes into more detail
not b satisfied -:I y.,�pri private facilities.
so I would:i'ikO'..t'�oturn .this l,into the record, if I may. I think that
information-,is'xeally-:"c I rucial to making a proper decision.
nce o
The:imp.orta f p, ratecting the fragile sea grass beds which has
been rebuilding in - areas surrounding Grove Isle cannot be overstressed.
:�
They areu
,�6r-c,il�� atoincreasing marine life which is beginning to return
to the I Bay. - It, is also important to protect the marine life of Biscayne
Day which - would be greatly disturbed by the activity generated by a 90
plus,-boat:marina. :,� But it is imperative to protect the welfare and the
rights of the fa*milies-who live across 'from the Island whose lives and
peace and ,privac'y:will be destroye.dy ,,,b ,the noise and the lights of a
large marinaonly 'a',.couple of hundred feetaway.
a
f=
There is also a'particular public law'that I wonder too, whether
N
surface and they evaporate but almost aii or Lne ieau Kucttaluu
sediment where severe damage is done to marine life. You've heard some-
thing about boat waste tonight. Let me address it just a little bit
farther so you'll clearly understand it. .Sewage, bilge -water and so-
called grey -water which is shower and-galley"waste will be a continuing
problem. Regulations concerning;santation.devices are difficult to
enforce. The Coast Guard" has�recently d
pushethe dateforward for the
regulations that they passed'on.these holding tanks. These holding tanks
are dumping raw sewage into this.Day ai dly. It is: loaded with it. It
causes infectious matter. The toilet;c�uestiorr.and dumping of holding tanks
into these waters are the major.cause of.the"added load of fecal coliform
and fecal strepto'cocci found in Lay waters especially in.this area.
Additives-such.as.disinfcctants and chemicals to marine sanitation devices,
cause significant adverse environmental effects." Bilge -water with
petroleum pollutants will be a chronic problem;in this area as a result'
of continual dumping."'E'.P.A. and, Coast Guard regulations prohibiting this
-73- September 10, 1979 Item 12
ZB
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r
;.
i
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01
able, biit,,Mr,Stewlart,.Islogic,L,,is--,,t,h-alt.,we,appropriace ir- all Lur PLLV"61=
development'*-, IL"hAvetoL traildr ouk_ o&t now-to'our magnificent facility
at theend of 27th Avenue,strugg'e'dnd.risko�life, limb and property to
Z� L _
manoeuver�.Lt this t SfiaSms"�,and,::the holes and between the sea-
weed,amion among' these collapsing 111dockS1:L1t'hat1-,our..City has provided. It seems
to me that's t e,., typeL, of_.Lma lne,:Icapability;.that we should be looking
L
L-
toward ere :,.that,, in. z sense 't at aspect is being completely ignored.
We !'r6 talking ..,ab6U t L -co . m ' p a tib ility in a sense I guess - with
1, L t
conditi6na use -,,I don,t,wor.,:wi h.conditional use, I haven't had a case
on it lately L te but`in
n just L 'i st ening I in the back to the zoning presentation
b
that C ame,,� efore"L this.ls��rathek,a relatively unique situation here.
We're not,t 11 alking about , ,: aLsituation where a property owner is asking to
use his own'�p:roperty in a certain way. I submit to you, isn't that what
we're talking about with a conditional use? We're considering a situation
here Wfiere you all or the City Commission whoever participates in the
decision',- are giving away property that is owned by us. By everyone!
This is taking away a quarter of the area of this private protected cove
which we can.currently canoe in, or motorboat in, or enjoy or fish in,
it is taking away public use and ownership of Biscayne Bay. This developer
did not*buy Biscayne Day * lie hasn't paid anyone for any part of it to
my knowledge:'- it's-taki'ng.away part of the public property and accruing
it to private propertyL.L11 LI think that's the essence of the whole issue
beforethis Board and, the ' t
request being made. And in that context, it
I
seems to me the conCLUSon,JS.',inescapable thathe developer has asked for
too much. This L j , just , o great imp.act. Ile's asking to appropriate
'
too much of �rd ry mit'L dresource And which is going to be a
e
more limite I & resource I rCe L L Lfor .'public ownership and Luse of Biscayne Day.
Thank Lyou -very,mucn.
here. in..'my -l'.hand-:'-
Commerce',
e Nation
that any�.,advqrse
we are re I sponsib
s
e I cts that: in
ce
PIa I rtment of.
-
,anticipate
for which
ject:. to
E,
�%_
' � .5
� �
1 ready hearing.
Ms. Callahan:' S ir we're a �hei pubi e r
-:�t . 6
'h t, fy..'_,.� 1-.:,,Would just
Dohehyv. Mme.1,C airman,
t:want, esti
n 'that -mr-'stewart, sL-ld Af 1.� J it
like 'to, comment on I M,
might s a
factual matter.
Ms..Callab We
'don't.,want:any arguments If You wantto make a
statement, go ahead and 'make a,st statement:'
ateme o Mr. Doherty: 1 would us like.to I've had a chance to look at
:k
these photographs that Mr. 'S referred, erred, to. One of them is a photo-
graph ofL,:,the .Rockerm_an� ana This:Is not "I
e talking a'b 11 P_the canal we're talking about,
we're t out: th 1 :an. CaftaL.� The R6ckerman Canal is located
e:e 1(
about, ha I &-mi, -e away. h''' h
4, Another- pho.oqrap s ows two large sailboats
,T This. w�; 'm le., Street tied u h" . is,,�,Lakem�,'fro air. s looking north. These
1.
sailboats , are not 'permanently in tfiat':� . canal —'They were tied up during
the hurricane. 'r You, I ,c I a n slpe-special - � ,lines.go ng out tieing them up to the
trees.�, that �. are planted _��a long,, there:,, IThose-boatsare not there now. The*
third :zifi 6ws'anothe'r--1V_i6w oik:-,the'same , , 6a'nal.Llookinq the other direction
number in which a,::': ii6i " f
,o-boats were ral.:-ted''inin e h -:canal, again, during
hurricane precaution time. Ihe fourth photograph, frankly I can't re-
cognize,.where :thisvas; tak'enbut:,i, think itis, a so at the end of Rockermz
Canalas well.'beca,iise, it, s 16 end.of Fair.Isle looking
n the Day., The b -iay !.back - ere' So i
down h ,�, ridge" 1 11 . b� k li, againthis is Rockerman
ff * is I
Canal about ,.hal -a.-Mile, r6m'whe re', we're talking �: about
The, statement Was `'made` by hir 7n -'4.
are definitely
A66k-er.man C,a-ha%L'o ".T'he_
y`ar, . Ie.,. n. r oi- It I _1 Pelican -- - c-- an- `a- J7- -_b- 67
_th!- _-e- y- , , a- r- etotallyifiappropriatethey aredeceptiveand 'they are misleading.- -
Mrs: -,',.,`Reed:; Mme.,Chairman• I Can't`Sit'here and listen to this
Mrs. Kolski': Yes, what are we'goi
this thing comes'up, again.
sure the' other people would prefer six`mo
in between.
tdrs."Kolski I don't think these p(
more than they already know.
1 83
to learn"in"90 days?
ople are going to learn anything
anything about boats so ..,a:. lot
SIEICTIPN�,�� 2
(9.0)�-SLIP
�ANINET
ISLE
REVI S.
QN.:1 :.rIL
T!:i INTO
NSITYI��
Gott,
jr - , 1 4 xas'
� " ,
rei,: "s,tead.. who.l
I WITH
f- - e -
D I S-CAY
4ULTIPL
this re
olskif
Gort,'
le voted in r r
eft the :- Chambers.
Mi. :Perez!rLugones: Motion
carries 7
-A.
like to - see
Ms. Basila'at 'call:�.. 11d it
deferred
A;little .1onger
but I'll al wi n 'th this and vote:yes
go, o g
Mrs. Kola I kil-.: Yes,I'll go alo I ng with h At I :b , ut,
1 .1 d like
to,,:. se e an.
hone.st
attempt to cutdown the h ink:
I,-,canqq
:Septelmh6r,
10, 19.79
ItemJ2
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too....Division of Starc Plann�g `
�� o Ruubin O•D. `
d
�G60 Apalachcc Parkway ium 9udina aavaa.w
TAL ."mAssL� - Q ' 9
'�'�� itbic, ,T�► 1 22204 Lu Gov. J. tt. 021 m
�;w •��':..�;t Q;��?rkr.i `L 0 bLt `11 ca trz zn
STATE OF FLORIDA
DEPARTMLr+T OF HEALTH AND REHABILITATIVE SERVICES
PR1-OI '#4.A IFICATION AND REVIEW SYSTESYSTEM-�
�,. S
! "d►CoVern rNbf1 OIA�NNIryG
1
Page Jr. a Da e: January 3,:1?79
William, J. g, fiYn�� Vela ors ,
Secretary 8
MEMORANDU! sAr No RE iV�
REF. NO: DHRS SPDC (SAI) 79-0912E
TITLE Grove IsleMarinap
APPLICANT Depart-nent of the Army
TOi Lt. Go.vernor J. E' Williams
A'tta: L'oringl:ovell,-Ch_ef
Bureau of Inter'gove`r:�mental' Relations
FROM: William.J: Page, Jr.
Departzent of Health and Rehabil'_tatv.e Services'
i
BY:: Office'of Program ?tanning and Detielopment
.�
SUBJ: NOTIFICATION OF ""INTENT. TO APPLY 'OR FED'.iRnL FUNDS
��
The project is.consiste— with the goals; and`,aJ ecttves or
• the__ Department -:o: Hearth' .and'.�.ehabilitat-ive_-Serv=ces_.
F,av`orable- 'ac,tioa Is .recomme::ded .,
Subs tantive comments have been received .-and •are `sum•aar:zed
in the ,attached
Canzerence with,appl�cant is request"e,
The project ,, s not 'cons is teat wi;tir the .Qoal s and; objcc`ives
D
he. Department,of .Health .'and Rehmb�laatt•e;Se-vices:'
A oval is `not>r"eccmmeadec:_for 'reas`o, &
PP:- described in.'the>: •,
attached.
Attachment(s)
STATE OF FLGIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF LOCAL RESOURCE MANAGEMENT
80BGRAHAM
GOVERNOR
i
JOAN M. HEGGEN
SECRETARY
September 25, 1979
Mr. Ll, Frederic Blitstein'
285 Sevilla
Coral Gables, FL .33134
Subject: Binding Letter of Development
of Regional Impact 'Stotu. ,
File No. t;LTD- 1.1 HO-004
Grove Isle Marina
Dear Mr. Blitstein:
The Division of Lcx:u} lac :;uui u, MillIrxlumr,nt 'd yr,ur
application for a'Binding better dattrd July 19, 1979, and received
July26, '1979 for the proposed Grove 'Isle Marina, located in Dade
County, Florida. Based on informatiun contained in the -application
and "subsequent information received from the Florida Department
of Environmental Regulation, the Dade County Department of Environ-
mental Resource Management, the Citv of 'Miami:, the South Florida
Regional Planning Council, the Arm;, col-ps of 1?ny i nours, t.hr• Bi scaync
Bay Civic Association and I,ri vatt.- of I,uca 1
Resource'Managemunt t!ntUr� tli_ fall ,aliny fiIldii,r:: '-)f 1"��-t, L."llclusiOil"
of .law and 'order.
1) The applicant is J. Frcderic;Blitstein, authorized
representative for martin Marquiles, wno proposes ,to develop Grove
Isle Marina. A binding letter application (BLID-1174-018) was
previously submitted on -March 12, 1,,,79 for the Grove Isle Marina. That
application was withdrawn after numerous commentors criticized the
development. The applicant has revised the: design of thu marina and is
now'.reguesting a binding letter on the plan for the revised d<?ve-lopmcnt.
2) Grove isle is located approximately 240 meters east of the
mainland of the City of ;Miami in the Biscayne Bay, Dade County, Florida.
The proposed development will provide a 90 slip marina on approximately
two acres (0.9 hectares) of submerged land. The remainder of.the island,
consisting of 20 additional acres (8.1 hectares), will be developed by
Martin. Marquiles,`and will include a 510 unit condominium, shops, a hotel
and a restaurant Approximately ?ilt: c>f tht, 510 condominium uhits are
complete and occupied at this timt•.
3) Locational Evaluation: The marina proposal will consist of
five concrete piers extending, into Biscayne bay on the westerly side bf the
BUREAU OF LAND AND WATER MANAGEMENT
ROOM 530 CARLTON BUILDING 7ALLAHASSEE, F LORIDA 3230' (9041 486 492b
Mr. J. Frederic Bli_ci.i;
September 25, 1979
Page two
island nearest the mainland, Each pier will extend 165 foot (50 meters)
into the Bay.
The bulkhead of Grove isle will range from 231 to 260 meters across
the channel from various points on the mainland. The effective width of the
water bodv between Grove Isle and the mainland will. not be significantly
reduced by the piers extending 50 meters From the island into the Bay.
Existing piers on the mainland From single family residences, extending
12 meters into the Bay, also restrict the width of the channel.
eo� e"N
Mr. J. Frederic Blitstein
September 25, 1979
Page three
5) None of the federal, state and local agencies which will review
this proposed marina and issue .permits for its construction have formally
approved or permitted the project to date. Therefore, there are at this
time no binding conditions or restrictions imposed on this development
which may be reviewed by the Division to determine whether actual or
potential impacts will be eliminated or sufficiently mitigated.
The following agencies are involved in the nermittina and approval
process:
a) U.S. Army Corps of Engineers, Permit #78L-0921, requested on
December So 1976.
1-,1 Florida Dopartment of Envirr)mm,-ntal Regulation, pc-rttrit #DF-13
795G , reaue tad on Marcl, l . 197 S .
c} The City of Miami will require a varianc:u',-for non-c.onforminy
use permit since the `fivo piers' will be ,constructed `50.mu,tL
into `the Bay.
6) Information submitted. by the applicant and comments received
regarding issues related to seaar.ass beds include the following:
a) Benthic and marine ecology reports were submitted by Drs.
F,nitra Thorhaug, Donald P. DcSylva,'Patsy McLaughlin and
Peter Schroeder, all of the University of Miami. They
included the following ob., ervations and opinions. Wi Criout
construction, the condition of the marir)Q vc�qutation in the
area su;rrounclinu Grovr I:;l.e i., improving. Thu prt!dOTninant
seagrasses found in the Immediate vicinity include Thalassia
test.udinum, (turtle grass) , Ha-l.udule Wrlght:il (Diplanthera,
Cuban Shual Crass), Haluphila Baillonis, and (; rinjudiur
(manatee crass). Turtle grass communities are ecologically
the most important within the Biscayne Bay Aeuatic Preserve
waters. The inter -relationship of the seagrasses to the other
species of biota in this ecosystem is vital. As stated in
narapraph 2.37 of the Corps Propc:�ed Final Environmental Impact
Statement, "their (seaorassesl root system stabilizes the
bottom and their long leaves function as a sediment trap, thus
enhancinc water clarity and supplementing the same function
performea by mangroves. The function of the seagrasses as
food and shelter is also of extreme importance, since many
species of commercially harvestable marine biota (i.e. shrimp,
Florida lobster, and fish), depend upontheseagrasses as
nursery grounds.
These reports by marine biologists indicate that increased
naviaation of vessels in the shallow waters surrounding'
-the
isle'' (even with limited access south of Grovf:- Isle Bridge) ,
will;, pose a hazard to the marine grass bees.
Mr. J. Frederic Blitstein
September 25, 19719
Page four
f critical�- hiabitat,for--�the Florida"
S: in an, area o
7,) The,
�e
artment ofl-'ish an6liildll
manatee, according tothe U.S., "DeP
The , mi a` ni ate e is -an endangered species under the, Endangere 'Specie
s .Act
of,
area-
Mr. J. Frederic Blitste:in
September 25, 1979
Page five -
9) At the request of the Division, the Metropolitan Dade County
Department of Traffic and Transportation submitted the following traffic
assessment for the total Grove Isle proposal (marina and upland develop-
ment) :
a) The level of service at the intersection of South Bayshore
Drive and 7th Avenue will drop from "D"-to "E" level during
the P.M. peak hour.
b) The proposal will contribute approximately 13o'of the daily'
traffic at the above intersection.
c) "The City of Miami has mandated that there will be"no-
alteratians or i.nprovements to fiouth Bayshore`Drive."
South Bayshore Drive is a State: Historic }iighway and
as such,.cannot be altered or widened.
10) Although 'the total Grove Isle development (marina and partially
existino residential development) will add further congestion to an over-
burdened.intersection (S.W. 17 Avenue and South Bayshore Drive), the
Division concurs with Dade County. Department of Transportation that this.
intersection alone is not of multi -county significance. Since most of
the berthed vesselswill be used by residents of Grove Isle, and the
marina will generate only five trips in the A.M. and five trips in.the
P.M. peak hour, the potential for multi -county impact from traffic 'is
further diminished.
11) In a letter received on April 19, 1979, from the Dade County
Environmental Resource Management, the agency advised the Corps to include
the following conditions:
a)Marina piers should extend no further than.150 Jeet
(45 meters) from the bulkhead of Grove Isle. This
is'25% of'the distance between the mainland and the,
Grove Isle shoreline.
b) ,Turbidity ;shouId be monitored during construction to
assure levels do not exceed 50 jackson units`(JCU)'.
c) The channel from the project to deeper water in Biscayne
Bay should be marked and the use should be enforced to
prevent boats from straying into shallow areas. This
will be ;a precaution against seagrass habitat destruction.
d) A chemical monitoring program should be'established"to determine
the eFfects of this proposal.'upon the water quality of this
section of the Aauatic Preserve.
Mr. J. Frederic Blitstein
September 25, 1979
Page six
12) The Division received a letter dated September 11, 1979, from
the South Florida Regional Planning Council_ which indicated that they can-
not find any Impacts of regional si�i"f "" "cance_which.will result „from the
project as redesigned.
13) The Division review has found that the proposed marina is not
AOW. I*
.7
Natiunal Oceanic
NATIONAL (OARINE
and Atmosplieria Adminisurn-tion
FICHNIES SERVICL
Environmental
Assessment
Branch
3500 Delwood
Beach Road
Panama, Ci.ty
Flor''ida 32,1107r
i a i i u a ry 12 1979
C`James` ,R
Adams
0 i s, t r i c t r. n g i t i c o. r`,
J 'a C S 0 jl V i .1 �j LZ D i tr Ct
0 e 1) t 0 f t h L,
Army, Col_ of Engineers
PrS
P.O. r, C) Y' 49 0
Jacksonville, FL
32201
De a r C o 1 6'ti e I Ad a mSI:
T he ona i
Service h a s
n e Fisheries
,�q e d e p rb j 4 c 6 plans
adVC1,cd in ic
'reVproject"
:�
o lotting" public notices..e an Icipae
thatahY
,adverse : CfFec I s t'
I I a M i g I i occur on f i s h e ry -.resources ,: o r,,- which we,:,
are responsible
d b� �jrll and, Therefore 'onot ooject to'r
issuance of the (permits
-NOT C E
DUE
0-1 'r.l.
N C J'j 0
APPLICANTCAiT
DAZE
DATE
78C 1 9 8
C 0 Crystal t a 1 R i ver
1 ;'y
-7
2 9/79
7 F"oJ I 335r
- fqu I ty ,
John fin , �1 1-1 c
1 2 /7 8
7 / 7 9,
.11 1
7 8 J 1 6 6 3.:!-
Ho" %%,a rd -Painmen t
11 1
2/06/78r.
- 'r I � ) I
1 2017 9 L. X 6 r
78' 5 7 '3
VlL A
k r u ori I., Y
J . , ac to n P6
11; Z/ 0 78
2 1
7 14 2 6
John lamr
1 2/06/78,
20/7t�
(2 L 41 2 '1
Grove I
S
9
7 K- "1 684
Expe i t i onS Unlimited
2 08 _/78
3 /7 I di I t
780- 1756-�
'
L' )'14 0 0 Mo r a,0.r
1 2/ - 08/78
1 2 3 7 9
7 8 r0§
.6 rJ � F1'daib 7,
1 2/rj 3 7
78L
Jupiter. Fish _ma 6 S Marine na
7 8 L-1 7 31
Jupiter I . n j t D' i,s,'*r 1 Ct- ',r
' I.
. , 1 2 7
1 2/7 9
78G- 17 6 2
St..auq'ustine Trawlers, Inc.
T 2 1 7
78C - 1 7 5 1
Pawson
2
2/1 0 /7 8
1 2 2 7
s C 1 7 1 3
Mr
R�. IVI S b m ars
1 2 20/,78
:1 j, 2 2
Th'. t k y0 1 j for the ppor tumt'y t 0 continent on
the. , proposed
p r o j er C' S
Sincerely,
jr, I
for W i I L e c n s on
CC: Aria n a AX
S' UPV'
14 L W R I P i c GA
run s%,,
d S11 0:V
. P,
17,1.IS W'i dP C.
r V
u p
FWS L W D P: B c h F F
Vero
0 r R
FGF i' C
rSE61
United states Department of the Interior
• '1
FISH AND WILDLIFE SERVICE.
P.O. BOY 26-6
Yero Beach, 171orida j2960
Janu, 1 5, .1979 .
District En;inecr
Cor- , of ..nine ers
P.Q.. Bo% 4970
Jacksonville, ^lorida 3ne)01
Dear sir:
It
The rish anti i7ildl ie Ser71c'C has reviewed the project ,plans ' ad* ertisad_
by tl o followin; Public notiCMs. ;Fo signiIicant
.aciverse :erects on Sisk
and'iI'd liXe resatuces are ea-Pocwad to the :proPosc pro-hs..
Thcreoret we have no objections to issuance of; i:iese peiits: The above.
-aCv.,s also constitute the :enort. aJ.- the 1) ' 'cut o� .1ze Interior
PuLIi`c 1T0tice Notice Data
1:bcri�nlican_ t D Due
....-
~ 78C-ll; 96. Go,or"c Sutton 02/78 :W /78
78ZrQIG� Aloe: o Cotn.-o.n 12/2U/78
78L-0421 Grove Isle.22/8/78 1/32/7 9,
78G-1773 lSaaatee County,.` 7locciz. I2/2Q/78
78Z-1773 i'la..Dept. of. Traapor..a ion .1:/2Q/73 1/�?,/79.
%/r
��� -
79APR 6 A9:37
METROPOLITAN DARE COUNT` F0_O.RF IDA
909 S.E. Fire Awr>w ENVIRONMENTAL RESOURCES MANAGEMENT,
SrlCkall Plata. Sw1411`10 • Rm. 302
Ularnl. Florida 33131
Colonel James W.R. Adams 2 April 31 1979
A qualitative underwater biological survey of the proposed marina,
was conducted by our department on May 2, 1978. The survey re-,�'
vealed a 30 foot wide band of dense seagrass (Thalassia
testudinum dominant) adjacent to the existing shoreline. This
dense seagrass area is supporting a diverse population of
in
vertebrates and juvenile fish.. Beyond this 30 foot zone, a,20:
na
foot wide band of sparse seagrass (Halodiale wr iqhtii dominant)
was present. The remainder of the area survi-yed (ie..from 50"
feet offshore to 300 feet offshore) was a fine silt -mud bottom'�
with no vegetative cover. A copy of our complete report is
attached.
With, 11 proper turbidity controls, proposed work should cause
no significant impact on water quality and, the marine organisms
in.thissection of Biscayne. I Bay.,lActualloperation of the marina
of water ualit"y*..''in' this section of Biscayne
may cause degradation
project -
Bay. Seagrass beds in the area may be affected if the
operation of the marina causeswater quality degradation or if
boats stray into the shallow grass bed area along the shoreline.
if a submerged land lease is obtained, and the Department of
Environmental Regulation and U.S. Army Corps of Engineers decide
to issue a permit for ,.his project,`Dade County Environment -al....",
Resources Management recommends the following conditions be in-
cluded in the marina permit:
1. The marina piers should extend no further than 150
feet off of Grove, isle. This is 25% of the distance
between the mainland and the Grove Isle shoreline.
piers in excess of this length would, in this De-
partment's 11 I'llartmentI -- opinion, infringe excessivelylo
of on the or-
s .
ton
Grove isle and the main-
Bisc'
land, create a Biscayne Bay_ between G
navigational hazard and be aesthetically
-unacceptable for the mainland residents.
Adequate contra's are taken during construction so
turbidity levels beyond 50 feet of the construction
area do no,%-. exceed So JCU as per Section 2112-11 of
the metro Dade County Ccde. Turbidity should be
monitored visually during construction by the con-
tractor. Turbidity curtains should be erected
around the work area if turbidity reaches 50 J-C.U.11s'-'
beyond a 50 foot radius of the work area.
30 Written notification is forwarded to Dade Count-ty
Environmental Resources management, Florida Departnen t:,
of Envi-onmen-al Regulation and the U.S. Army Corps
of Engineers .prior to. -the commencement of construction.,
1
Colonel James W.R. Adams - 3' April 3,.1979
kS •J�1aiG�. lai':LP.:-'s
_- _ M�'c
� , 'w �.''
FOO.1A 4
MEMORANDUM OF VOTING CONFLICT
)ATE ON WHICH VOTE OCCURRED:
,19 _.
PART A
Name: ¢-- r r4- A /� LEA .1/l� Telephone:
(LAST) (FIRST) (MIDDLE) (A/C) �( —M'BER))
Address:.Qrzi�7
(STREET) (CITY) (2IP,C DE) (COUNTY)
PART B
Agency is a unit of [check one] : ( 1 State of Florida; (County, City or other Political Subdivision
Name of Agency:
Position held in Agency:
PART C
MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes § 1123143(1975I]
If you have voted in,your official capacity upon any measure in which you had a personal, private, or professional interest which inures to
your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest
FILING INSTRUCTIONS
This memorandum must be filed within fifteen 115) days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be
filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict
of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above.
YF PERSON DISCLOSING
ED
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1975). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES
GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE
OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $SAM.
CE FORM 4- EFF. 1/1/77
To'construct six`(6,) concrete fixed piers .(five
one(1) "L" Shapedwith a .boat dock`in
g"capacity ofboats.
The piers will 'extend a'maximum.of 165 feet offshore frow.lan
existing concrete bulkhead. Width of the ,pie'rs ;,;All. be `eight
(8).feet"from the bulkhead to .41 feet offshore and then
Page 2
Dr. J. Frederic Blitstein - Grove Isle
October
23, 1979
Regulation (DER) and the Metropolitan Dade County.
Environmental"Resources
Management ;(MDCERM).`
3:
If turbidi y exceeds so'J.C'.U.'s beyond a 50 foot radius
the
of work area, turbidity curtains shall be placed
around the work area and MDCERM notified immediately. ;'.
Turbidity"samples shall be collected as per -stipulation t
No. 211,
later than one hour after the installation of
the turbidity curtains.
If turbidity levels do not "
drop ,below 50 J.C.U.'s within one hour after instal"la`tion,"
of the; curtain, .all construction shall be'halt.ed.
Construction shall not be resumed until the contractor
has 'received authorization
from MDCEFlM.
4:
No liveaboard vessels (permanent:or transient) shall
be docked,:atthis
facility unless di�rectsewage,--pumpout.-
connections are provided at each liveab'oard slip.'- A"
permanent pumpout station shall `be installed;and.>
maintained;for.`the removal of -sewage-'an was es'from,
the vessels using this:facility.;. Compliance?with'this
requirement will .'entail the .applicarit contacting; the.
Plan. Review"Section of MDCERM for details concerning
connection to an approved -sewage disposal"system".;
5.".
Boat traffic to""the shallow"30 foot wide 'dense seagrass
area which parallels.the;shorelne shall'`be restricted
by'the -placement'of<wooden piles .on"six foot"centers
along the entire shoreline facing the mar"ina.
6."'The
channel from"this`marina'to deeper, water"in Biscayne
Bay shall be marked;to prevent.,: boats, straying: into
adjacent shallow areas.This ,will prevent "habitat des
truction,
7.
A.chemcal_monitoring program'shall be established to
determine the effect'of this`, marina uality
on the water q-
of-this'section 'of Biscayne"Bay.;
Surface and mid -depth
samples,shall be collected at three points in the project"
urea and at one background station. Parameters shall'
include, but
not be limited to, dissolved oxygen, pH,
salinity, temperature, total coliform and fecal
coliform and fecal streptococci bacteria, oil and ,grease,..;
biochemical
oxygen demand and turbidity. Background
samples shall be collected prior to construction and quarterly.
for a
minimum of one year after 90% occupancy of the
marina. In addition to the chemical monitoring program ,.a;
benthic
community monitoring program is to be established".''
Samples of the benthic
seagrass community within and
adjacent to the project area are to be collected.prior
to.construction andquarterlyfor a minimum of one year
after 90% occupancy
of the marina. Should either
CI
`
Page 3
petition is filed ,`for a hearing pursuant' to ;'the prov'isions� off Section`
120.57, Florida Statutes. At such 'formal hearing all paraies shall
have an opportunity to present evidence andargumenton al'l.,issues
involved, : to
con duct cross-examinationacid .s,ubmit. 'rebut taL .e.vidence,
Ook
STATE. 01: FLORIDA
4 rpartment of Obininiaration :D
Division of Administrative Hearings Govet
Bob Gtahat ' n
not
(i00111,10,lj CnIlim Ilmithottl
Chris H. Bentley
Nevin G. Smith
Dtiector
'ALL A 11 ASS I .',L-' I A.4 -1
� •
r
your attention to tnis mai
Yours
r",
1.:n..JA
-. WLI'AV*-"L _ ./`�
�Zc
e"ll el -I
71�
STATE 017 FhORlDA
DIV7.SION. OF 'ADMINISTRATIVE HEARINGS
i
13AYgHio E . 110JiEOWNERS 'ASSOCIATION,
)
Pctition'ers,
�.
CASE `NOs.' 79-218G "
j 79-2324
STATE'OF FLORIDA,..DEPARTMENT OF
79.-2359 .
EIMRONIMENTAL REGULATION and
)
GROVE ISLE INCORPORATED,
Resnondents.
RECOIiI,iFNDED
ORDER
Pursuant .to Not3.ccr the
Division., pf Administrative:" -
llearings by its designated 3learing
Officer,. Michael Pearce.
Dodsn held a PuUl.ic, ]1e'aiing in,
this case on iani ary 2` t.
1980, in arni Florida. The foll.owin,g
appearances were
en ered :
,�r1rA17ANC1S
llavid,'A. >lohen}�,. Esqui►.-e
Randa11..E. Den}cei'Esquire
1111 South' B��yshore Drive
Assistant General:Counsel
Florida 33..131.
Department of Environmental
For � Peti ti.oncrs :
Fegulat err
26010 Blair. Stone; Road.
Tallahassee; orida' 323011;
Bayshoi:e Homeowners. Asso. , Inc.
-Fur-_ Respondent. Department
Coconut Grove- 'Civic. Club,._=
of..Environmental" Regulation.
David'A. & Carmen T'. Doheny.
`I'igertail Association"
Tropical Audubon Society, Inca
Larry S. Stewzirt, Esquire
Fxates, `Floyd, Pearson,- .
&.Greer.:
Cleare Filer.Stewart,•Richmond
One Biscayne Toiger .
3095 ;N. ]•:': 7th Street
25th Floor
• t�] am' Florida 33125
Miami, Florida.`33131."
Pro Se as a Petitioner
For Respondent:: Grove-I"sle,
Incorporated
Joel Jafter
2479 S. "W:.13th Street
I7iami', Florida 33145
For 'Pctitloners
Bayshore 'Alert: Yes
7�
2
..,,.,..,A,e:
3.�r•
�.i`C.w..�,.��.�u�y,..,�>;.sts�.zviai::-
•' •�1..
f r, PI
f r, 0
st'a t i oils , nER anCi,I�t �ii;fl .l be r
the results. The monitoring progri
reviewed and approved by PER, and
anatecs;_
be taken
4.
�e is; an
constructed many ye��rs' ago.Teo changes. i.,n, he hul.}:head line
are proposed.`
the
clam beds nearby. WIA1e'lobsters'may have` once. frequented
feet
i C tisec] rt , r;uf ti ci ci�l �.�tuanti.i tiy, ;t.o harm marine life. "!'}i� fueli.ny
i
1.0
11
Chosen. is one which has already: in the P(-Is,tb'ecn dredged„and has
I :� '.
e
little or no-valuab'le marine ]if- t e 3-0foot,strip,.: of'
gra . ss- bed vlrh i 6 h receive ', more -..than adc".,quat(
OVI's 01V;OF
17 u j- I h e rno''. r e the Wo.1,
)ro'tcctiom.'
jclj,can .,the. north
�y
12
requested water quality control permit and certification be,
isstied: subje'ct'to the conditions
contained in the. Notice of..
Intent to Issue Permit and
that the Relief regU�sted by the
ied d
Pe ti ti oners be den�ln
their Peti"pans lac' cii sm1S-SC(I
t.i
DONE 'and ENTERED this day oC Fehruar.y; 1,9801
in Tallahassee, Florida.
tI H11�B PEA 1C DODSON'
Hearing Off-iccr
Division of rlc3ministr, -D Aicarings.
Room 101' Collins Puildi.ng
Tallahassee, Florida 32301
904/4£33-9G75
Copies furnished.
Da.vj d n Dohen), ," `l sc3'ui i:e'
11 ll . South 133yslorc Drive
mi , '171or. 'da .3313�1
3095 N. N 7th Street
M Equal OpportunityEmployer
A p►im9e ia&perdenf. internatiamf w"Waily
page 2
Q111A %-%.i liV liu
ierein as° "plaint'iffs
i
-2-
-3-
action be finally and forever settled without disturbing the
legal efficacy of the'ex"isting building permits and to that"
purpose the terms and conditions of this settlement are
being made subject to Court approval as to reasonableness
and fairness as hereinafter "Set; forth in Sections 4.2 and ,
s
4.3.
2. Ownership Interests.
2. 1. Defendant owners represent` tliat Defendant
Sun Bank of',Bal Harhour,,'N.A., as'Trustee, is the legal
title owner. of Fair Isle'in fee simple,`more particular y
described ase
Tract "A" Revised Plat of FAIR;I5LEJ according
to .the Plat thereof, recorded in Plat Book;34,
Tage '70, of the Public Records of ' Dade ;County,
'=
Florida. (hereafter referred to as "Fair Isle':)
2.2 Defendant Owners represent that Defendants.
BM .and b]artin 'Z Z. Margulies are equitable or beneficial. .
owners of Fair Isle; that the First National Bank of Chicago,
and I MG have an' interest: in said `real'"property :by reason. of: '
mortgages on said property; and that -no person .or entity has...
any l`egal,or equitable interest or rcPub of use therein,
whether contingent or, vested', except.as,may consent :in .
writing ,to'the terms and conditions of,ths Agreement.
i
2. 3 ..Defendan`t Owners `represent -that all
j
i
Owners and all persons and legal' entities having: or claiming'
-,;
ai equitable, 1 gal'or beneficial interest in`Fair Isle,,as-
of tha date of. ;this Agreement, have been joined."as parties,
to this Settlement Agreement. Prior to the entry of the
consent judgment 11 described in paragraph 4:2,',pefendant
Owners agree to deliver`to Plaintiffs' counsel a copy of a
current title binder on .the subject property for title
information purposes only which shall verify the represeiltatiois
of paragraphs 2. 1, ;2. 2 and 2. T. � Provided ,that there is no
additional cost to`Defendants owners °and that the same is
obtainable from the title insurance company issuing tic said
binder, the Plaintiffs <in tliis Action will; be named 'as a
beneficiary of said. insurance. If there,:is an additional
cost therefor., the Plaintiffs will bear such cost at their
-4-
3. 2 11r'; prior conveyance .of a
of Pair isle to sailboat. E'.ey coi dorninium Assc
-5-
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a po.-
atioii,
ire and sz
�L• riiam
kly
-G-
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Doc
minimize the impact of noise and light cieated;by these,
facilities on the mainland resid.ences•of individual: Plain
w
='13'-
w
• Ao �,
JV,
3
,uch disputo shall be resolved within 10 clays
rT,l
is herein expre"ssly being waived
is the,
dated
bruary, 17
Group
emen t
either
te ' any `
Yia1f of
t <N6'Lional
ed and
1':i�1.71_.l:Jly
-'.CIl1UVi. '.
'. C.I/C'�--.LU1f7:
Vl
,'•C:114"
-. V.1311.. C+U
♦J 1.41.. C.N v1
r.�ri�V a. .a_�u� ,,.. .-.,�
-23-
r
having its of s at `and carrying ,on business in Chicago`,
Illinois is the owner and holdor. of a Mortgage securncj" a
Notefor $ . 000, 000. , dated May" 19,' 1971and recorded
may..2G, 1977 inm`Official Records .Book: 9693 at Pack 70,1",,` o.f
the Public Records of ;Dade County, 'Florida, encumbering .Fail:.•;
Isle. In consideration of the execution by'PIainLiffs of
this Settlement P.greement and the settlement, of'this litigation_
and cons'icleration of Plaintiff's forebearancc of, instituting
litigation in which it would be' a defend"ant',bl
,First'iQational
of Chicago hereby e:tiecutes thi's Settlement Agreement and
ac}:nowledges'the terms thereof solelyfor the purpose of
k
subordinating and subjec"ting the lien .of said i-,lortcjage to.
I
the terms, conditions` and covenants"of said ''Scttlement
_!
Agreement to the same and sole extent, ,but wi, 11 the same'
force` and effect; as',to it, and its Mortgage as" if said
Settlement 1lgreement ,lrad.,, been fu11y . e::ecuted by` the,„parties, r
confirmed by; Court Order and recorded among the Public
Records of Dade County, Florida, prior; to the .execution and
delivery of ;said:rortgage. The 'subordination.expresscd"in
this Section
subordinating
Na t . ionale of C11:
is limited to and for the sole purpose of "
A. subjecting °the said . mortgage,' -Iien : of '".First`
:ago to the covenants, ,terms and conditions
of -'this' Settlement 1lgrcement and is, not intended nor; shall
it cons a--, tute a subordination' to any other rigll.s " of" any
person.;
-24-
V
the Public ilec:ords of Dade County, I'lorida prior to the
-25-
1
,.
.. � � �`
1
_ �,
STATE OF FLOI1ILO )
SS
COUNTY OF )
I IIEr2I3BY C1JR'i'II Y, that on this day of ►
1977, before 'Ile personall�l appeared)
of 13aysliore homeowners' Association, Inc., a corporation
under the Incas of the State of Florida, to me }:110%111 to be
the person w110 sighed the foregoing instrument as such
officer and acknowledged the e::ecuL- ion thereof to be his
free act and deed as such officer for the uses and purposes
therein mentioned and that he affixed thereto the: official
seal of said corporation, and that the said instrument is
the act and deed of said corporation.
WITNESS my hand and'official'seal at
in the County of and 'State of
the: day, and; year last aforesaid.
Notary hubli.c
bly Commission expires:
STATE OF!"FLORIDe� ')
SS:
COUNTY OF )
I HEREBY CERTIFY, that on" this clay . of ►
19771 before me personally appeared
of . Goconui Grove Civic Club, o 'me . known to be the person .
who signed the foregoing instrument as sucll officer. a21d; .
acknowledged the execution thereof to Lbe. }Zis free "act and ,
deed as such officer: for the .uses; and 'purposes therein"
mentioned and that lie I'llaffixed thereto, 'the official 'seal of
said Club, and that `the "said instrument i.s: the :act `-
and deed of said Club.
jVITNESS my hand and official. seal at: "
in the. County oa an State. of
th'c day and. year. last aforesaid".
Notary F.ublic
11y: Commission e .p1res
S'i'AlfE OF FLORIDA )
SS:
COUIJTY; OF )
I HEREBY CERTIFY that o21 this day of" ,
1977, before me personally appeared
of . Tropical Audubon Society, I Inc. , a corpor.ati.on under the
1a:as of the State of. Florida, to-ine k110111 to •be the person'
who Signed the foregoing instrument as such officcrL and
ackno,aledged the execution thereof: to be his" J_ree act and
clec'd 1s such o.Ef:iccr foi: L-}1c uses �121d purposes i:hereiii
mentioned and that he affixed thereto the L6fficial scat. of +
f:,21:Ld corporation, and that the said insL-rumenL- is the rlct
111d dee-cY of said corporation.
WITNESS my, }land and official sealL aL
in the County of and State of
the day aril year last jlfol:esaid.
Notary Public
my Commission expires:
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1
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._' 4 .
,4
10
1 PTTTTON TO MIAMI CITY COMMISSION
-, . - 31v,? /sv
4
A
3
�.i `GYM` "��. va., �. r. wrJ�aipaJgJjR %J+vi+x�1�:. •.Y^•,�Im _
F-- — 7WARompooft-
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1YfO1�iW �•{•r- "aR+YetiM r, JNlt' - _
PETITION TO MIAMI CITY COMMISSION
We, the undersigned homeowners in the City of Miami hereby
petition the City;Commission to DENY .the application of a