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HomeMy WebLinkAboutDraft Agenda ItemDRAFT AGENDA ITEM REQUEST: Consideration of an amendment to the deed restriction in Board of Trustees' deed 18730-A allow for "first come, first served" facilities operated by private entities, the City of Miami, and/or other governmental entities, in addition to the currently permitted use of "harbors and airport construction and development", and an acknowledgement that no fees are due to the State for leases or agreements, or extensions thereto, which are in compliance with the deed restriction as modified herein. COUNTY: Miami -Dade BOT Application No.: APPLICANT: City of Miami (City) Department of Public Facilities Asset Management Division 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 LOCATION: Sections 9-10 Township 54 South, Range 42 East, in Biscayne Bay, Class III Waters, within the local jurisdiction of the City of Miami Aquatic Preserve: Biscayne Bay Manatee Area slow speed zone: Yes Outstanding Florida Waters: Yes CONSIDERATION: The City is currently developing a Virginia Key Master Plan, to improve the property through preservation of the natural features, as well as providing for some passive recreational uses in appropriate areas of the property. Since the City is planning to invest in waterfront and other improvements on the area covered by Deed 18730-A, and the proposed modification will provide for less intense uses than harbor and airport construction, the Department is proposing that the BOT waive consideration for this request. For the lands lying within Deed 18730-A, the City has agreed to allocate for maintenance and improvement of waterfront properties, 15% of all revenues received from new leases with private entities within this deed restricted area. Pursuant to this request, no consideration will be due to the State for any leases or agreements, or extensions thereto, which are prospectively found in compliance with the deed restrictions as modified herein. STAFF REMARKS: Deed 18730 was originally executed August 21, 1942, and was subsequently modified July 11, 1953. The current deed restriction is that the property be used for "harbors and airport constructions and development." There is an existing lease for an FAA antenna on the property. However, there are no further plans for harbors or airports in that vicinity. The City is currently working on a master plan for Virginia Key, but there is currently no market for the harbor and airport development. Therefore, the City requests that the restrictions in Deed 18730-A be modified to permit "first come, first served" facilities operated by private entities, the City of Miami, and/or other governmental entities . The current proposal for the Virginia Key Master Plan includes the existing FAA tower on the area covered by Deed 18730-A, and designates the remaining areas for wetland preservation and restoration, low intensity public recreation. The contemplated uses are by way of example, but not limited to, eco-campground, confidence course, golf course, hiking, and a public beach. This plan recognizes the environmental value of the area, and all uses must comply with the permitting requirements set forth by state statute. The current proposal for the Virginia Key Master Plan is consistent with the environmental value of the area, and proposes less intense uses than that provided for in the current deed restriction for harbor and airport construction. Pursuant to the City's Resolution requesting these deed modifications, the City will ensure that all leases or other conveyances within the boundaries of these submerged lands provide facilities and services that are open to the public, "first come, first served." For all new leases from the City of Miami to private entities for the management of the facilities on the areas covered by BOT Deed 18730-A, the City will provide written notice to the Department at least 30 days in advance of the proposed execution of the lease. The Department shall have 15 days from the receipt of the City's notice to notify the City of Miami in writing that the proposed use is not in conformance with the requirement that the uses are "first come, first served," as that term is defined in Florida Administrative Code Section 18-21.003(23). If no written notification is received by the City of Miami within the timeframe set forth above, such use shall be deemed in conformance with the deed restrictions. Through this notice procedure, the City has provided reasonable assurances that all uses of these lands will be consistent with the requested modification, allowing for "first come, first served" facilities and services managed by private entities, the City of Miami, and/or other governmental entities. Staff is of the opinion that allowing uses on this property which are "first come, first served" is in the public interest because it will result in the following benefits beyond what could be accomplished solely by municipal efforts, through cooperative efforts with local business entities: (1) continued and improved public access to Biscayne Bay; (2) revitalization of upland properties and facilities that are open to the public; (3) additional recreational and/or waterfront related business opportunities and tax bases; (4) heightened environmental awareness through passive uses of the appropriate natural areas; and (5) generation of resources to preserve and restore the sensitive environmental areas located within Deed 18730-A. (See Attachment , Pages 1- ) RECOMMEND APPROVAL OF THE FOLLOWING: (1) AMENDMENTS TO MODIFY THE DEED RESTRICTION IN DEED # 18730-A TO ALLOW FOR "FIRST COME, FIRST SERVED" FACILITIES OPERATED BY PRIVATE ENTITIES, THE CITY OF MIAMI, AND/OR OTHER GOVERNMENTAL ENTITIES, IN ADDITION TO THE CURRENTLY PERMITTED USE OF "HARBORS AND AIRPORT CONSTRUCTION AND DEVELOPMENT"; (2) ACKNOWLEDGEMENT THAT NO FEES ARE DUE TO THE STATE FOR ANY LEASES OR AGREEMENTS, OR EXTENSIONS THERETO, WHICH ARE IN COMPLIANCE WITH THE DEED RESTRICTION AS MODIFIED HEREIN.