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HomeMy WebLinkAboutexhibitCDate: To: From: Su bject: E)d(r(b((-E- Memorandum COUNMIAMFCaADE TY Honorable Chairperson Barbara Carey-Shuler, Ed. D. and Members, Board of County Commissioners George M. Burgess County Manager Class I Permit Application and Variance Request by City of Miami / Flagstone, Island Gardens, LLC for Dredging Approximately 15.8 Acres of Submerged Bay Bottom for the Creation of a 50-Slip Mega -yacht Marina and Request for Variances from Section 24-59.1 of the Code of Miami -Dade County for the Placement of Non -water Dependent Fixed Structures Over Tidal Waters, and Acceptance of a Restrictive Covenant Running With The Land In Favor of Miami -Dade County Attached, please find for your consideration an application by City of Miami / Flagstone Island Gardens, LLC for a Class I Permit, request for variances from Section 24-59.1 of the Code of Miami -Dade County, and acceptance of a restrictive covenant running with the land in favor of Miami -Dade County. Also, attached is the recommendation of the Director of the Department of Environmental Resources Management and a Resolution approving the aforesaid application, variance request and accepting the restrictive covenant. Date: To: From: Subject: October 13, 2004 George M. Burgess County Manager John W. Renfrow, Director Environmental Resources Management Class I Permit Application and Variance Request by City of Miami / Flagstone Island Gardens, LLC for Dredging Approximately 15.8 Acres of Submerged Bay Bottom for the Creation of a 50-Slip Mega -yacht Marina and Request for Variances from Section 24-59.1 of the Code of Miami -Dade County for the Placement of Non -water Dependent Fixed Structures Over Tidal Waters, and Acceptance of a Restrictive Covenant Running With The Land In Favor of Miami -Dade County Memorandum MIAMIDAINI COUNTY RECOMMENDATION I have reviewed the application for a Class I Permit, the requested variances from Section 24-59.1 of the Code of Miami -Dade County, and the Restrictive Covenants proffered by the City of Miami and Flagstone Island Gardens, LLC. Based upon the applicable evaluation factors set forth in Section 24-58.3 and 24.59.2 of the Code of Miami -Dade County, I recommend that the Board of County Commissioners approve this application, grant the variance requests, and accept the Restrictive Covenants for the reasons set forth below. BACKGROUND The proposed project involves the construction of a 50-slip mega yacht marina with two (2) main access piers. These two main access piers make an inward turn at approximately four -hundred twenty (420) feet from the seawall forming the marina basin. A portion of the proposed piers will be bi-level, to provide a separate public level for visual access to Biscayne Bay. In addition, stairs shall also be installed to provide non-public access to the lower service level of the dock. The project area is located on the northwest portion of Watson Island in the City of Miami immediately south of the Macarthur Causeway Bridge. The project site is currently a municipal marina owned and operated by the City of Miami. The proposed work consists of constructing a mega yacht marina by the installation of docking facilities and the dredging of approximately fifteen point eight (15.8) acres of submerged bay bottom to depths of minus eighteen (-18) feet and minus twenty-five (- 25) feet with one foot of allowable overdredge. The applicants have stated that dredging to this depth is necessary to accommodate the deeper drafts of mega yachts (vessels greater than one -hundred (100) feet in length) that presently cannot be moored at the existing marina. As proposed, the completed marina will be able to accommodate mega yachts with a maximum length not to exceed 465 feet. Section 24-58.3 of the Code of Miami -Dade County requires that DERM base its recommendation for approval, denial, or approval subject to conditions, limitations or restrictions, for Class I Permits on specific evaluation factors. One of these factors is consistency with recommendations of Miami -Dade County's Manatee Protection Plan (MDCMPP). The MDCMPP identifies the area of Biscayne Bay where this project is George M. Burgess County Manager Page 2 proposed as suitable for construction or expansion of this of ces to createvessel calng mega fac4ya�cht es. The applicants have stated that the purposeproject marina. The applicants have therefore agreed to limit the total number of non -mega ng at yacht power vessels (less than one hundred (100) feetet inlnath) moorconsidering this s facility. In order to maintain consistency with the MDCMPP, existing historic use of the site, the permit shall require that the maximum number of powerboats that are less than one hundred (aa4ties located at the Property feet in length as measureshall not d at the water line that will be moored at the docking e Of the maximum allowable of exceed a total of twenty-three (23) at any twenty- three (23) powerboats Tess than one hundred (100) feet in length as be measuredcomatrthe waterline, not more than two (2) shall be water taxis, four (4) eial fishing or diving charter boats, and three (3) shall be marina service vessels. In order 'to ensure compliance with this conditionofproval the dive Covy of ienafand nt as Flagstone Island Gardens, LLC have proffered aattached hed Rest part of the Class I Permit requirements. Said aReesttr�pvBd Covenant is designed to ensure conditions set forth in the Class I permit As part of this project the applicants propose to dredge approximately fifteen point eight (15.8) acres of Bay bottom to achieve the targeted thin the project r tfootprint th. The proposed dredging will impact various marine resources seagrass habitat, hard bottom/sponge communities, macro algal communities, and several acres of benthic infaunal habitat. In order to mitigatefor i pproctsto seao cgrate ass areas and to the hard bottom/sponge habitat, the applicants additional replacement habitat. Replacement of Biscayne Bay to a shalbowe depth, and accomplished by filling a formerly dredged and then capping it with clean sand to support seagrass growth. Replacement of the lost hard bottom/sponge habitat will be accomplished uby abillling the g a formerly of hard deep depression and capping it with a coarse material bottom/sponge community. To offset the other of limestone lmpacts the riprap boulders lunder propose to place approximately 2,439 cubicyards the proposed dock structure, and the placement of 25,670 cubic yards of limestone riprap boulders at an approved artificial reef site in Biscayne Bay. In addition to requesting approval for the proposed dredging and construction of the Marina, the applicants are requesting variances fro cion fixed 24-59r 1 of th he Coded of Miami-Dade County, which prohibits non-waterdependent waters of the County. The applicants propose to construct planters, canopies, awnings, storage closets, vessel fueling service lines, and two pier pylons with statues, all of which are proposed for placement n� the ed e of theers over second levelwaters, p piers. applicants propose to construct planters along approximately 480 linear feet resulting in Said planters will border the two piers for app Yapplicants the app ' approximately 960 linear feet of on planters end of the second ers. lieveladdition, each of .the main propose to install two canopies piers. The applicants have indicated that refuge from the eleue to the overall mtents at the far h of the pier structures, the canopies are necessary toprovide the applicants end of the pier. On the terminus of the main piers seventy (70) feet e. harbor in )heigh twith ten propose to install poles that will be approximately licants propose to install fuel lines (10) foot high statues on the top. Lastly, the app running along the piers to provide .in -slip fuel services to vessels moored at the docking facility. George M. Burgess County Manager Page 3 The proposed project has been designed in accordance with all relevant Miami -Dade County coastal construction criteria and is also consistent with all other Miami -Dade County coastal protection provisions, with the exception of the proposed non -water dependant fixed structures for which the applicants are seeking a variance. Please find attached a Project Report from the DERM Coastal Resources Section, which sets forth in more detail the reasons why the project is recommended for approval by DERM pursuant to the applicable evaluation factors set forth in Section 24-58.3 of the Code of Miami -Dade County, Florida. The conditions, limitations, and restrictions set forth in the Project Report,attached hereto are incorporated herein by reference hereto. Attachments Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Attachment G: Attachment H: Attachment is Class I Permit Application / Owner's Authorization Statement Affidavit of ownership Engineer Certification Letter / Project Sketches Adjacent Riparian Landowner's List Project Report Seagrass Mitigation Plan Benthic Mitigation Plan Harbor Operations Plan Covenant Running with the Land NOTICE OF PUBLIC HEARING ON AN APPLICATION BY THE CITY OF MIAMI / FLAGSTONE ISLAND GARDENS, LLC FOR A CLASS 1 PERMIT TO DREDGE APPROXIMATELY 15.8 ACRES OF SUBMERGED BAY BOTTOM FOR THE CREATION OF A 50 SLIP MEGA -YACHT HARBOR LOCATED ON THE WEST SIDE OF WATSON ISLAND IN THE CITY OF MIAMI, A REQUEST FOR VARIANCES FROM SECTION 24-59.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO ALLOW FOR THE PLACEMENT OF NON -WATER DEPENDANT FIXED STRUCTURES G ACCEPTANCE OF A RESTRICTIVE COOVER VEANANTRUNNING THE LAND IN FAVOR OF MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS MIAMI-DADE COUNTY, FLORIDA NOTICE IS HEREBY GIVEN pursuant to Section 24-58 of the Code of Miami -Dade County that the Board of County Coinmissioners of Miami -Dade County will hold and conduct a Public Hearing on a request by the City of Miami / Flagstone Island Gardens Developers, LLC for a Class I permit to dredge approximately 15.8 acres of submerged bay bottom for the creation of' a 50 slip mega -yacht marina, a request for variances from Section 24-59.1 of the Code of Miami -Dade County, Florida to allow for the placement of non - water dependent fixed structures over tidal waters, and acceptance of a restrictive covenant running with the land in favor of Miami -Dade County. Such Public Hearing will be held on the day of, , 2004, at 9:30 am o'clock, at the County Commission Chambers on the 2nd Floor of the Stephen P. Clark Center in Miami, Florida. Plans and details concerning the work requested in the application may be reviewed by interested persons at the office of the Miami -Dade County Department of Environmental Resource Management, 4th Floor, 33 S.W. 2nd Avenue, Miami, Florida, 33130. Oral statements will be heard and appropriate records made. For accuracy of records all important facts and arguments should be prepared in writing in triplicate, with two copies being submitted to the Deputy Clerk of the County Commission at the hearing or mailed to her beforehand (Kay Sullivan, Deputy Clerk), 111 N.W. 1st Street, Stephen P. Clark Center, Suite 17-202, Miami, Florida 33128; and with one copy being submitted beforehand to the Miami -Dade County Department of Environmental Resources Management, 33 S.W. 2nd Avenue, Miami, Florida, 33130. A person who decides to appeal any decision made by any Board, Agency, or Commission with respect to any matter considered at its meeting or hearing, will need a record of proceedings. Such person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is to be based, BOARD OF COUNTY COMMISSIONERS MIAMI-DADS COUNTY, FLORIDA HARVEY RUVIN, CLERK BY: Kay Sullivan, Deputy Clerk Approved Mayor Agenda Item No. Override Veto RESOLUTION NO. RESOLUTION RELATING TO AN APPLICATION BY CITY OF MIAMI / FLAGSTONE ISLAND GARDENS, LLC FOR A CLASS I PERMIT I TO DREDGE APPROXIMATELY 15.8 ACRES OF SUBMERGED BAY BOTTOM FOR THE CREATION OF A 50 SLIP MEGA -YACHT HARBOR LOCATED ON THE WEST SIDE OF WATSON ISLAND IN THE CITY OF MIAMI, A REQUEST FOR VARIANCES FROM SECTION 24- 59.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO ALLOW FOR THE PLACEMENT OF NON -WATER DEPENDENT FIXED STRUCTURES OVER TIDAL WATERS, AND ACCEPTANCE OF A RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY. WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board :. , . - _.,..;ie factors contained within Section 24-58.3 of the Code of Miami -Dade County, here'y ^' prrivcs the application of City of Miami / Flagstone Island Gardens, LLC for a Class I Permit IA) u:edge approximately 15.8 acres of submerged bay bottom for the creation of a 50 slip mega -yacht marina, a request for variances from Section 24-59.1 of the Code of Miami -Dade County, Florida, to allow for the placement of non -water dependent fixed structures over tidal waters, and acceptance of a restrictive covenant running with the land in favor of Miami -Dade County, subject to the conditions set forth in the memorandum from the Director of the Miami -Dade County Department of Environmental Resources Management, a copy of which is attached hereto and made a part hereof. The issuance of this approval does not relieve the applicant from obtaining all applicable Federal, State, and local permits. Agenda Item No. Page No. 2 The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner follows: Dr. Barbara Carey-Shuler, Chairperson Katy Sorenson, Vice -Chairperson Bruno A. Barreiro Betty T. Ferguson Joe A. Martinez Dennis C. Moss Natacha Seijas Sen. Javier D. Souto Jose "Pepe" Diaz Sally A. Heyman Jimmy L. Morales Dorrin D. Rolle Rebeca Sosa , who moved its , and the vote was as The Chairperson thereupon declared the resolution duly passed and adopted this , This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK By: Deputy Clerk Approved by County Attorney as to form and legal sufficiency._