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Submittal-David Sacks
Apo City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 Meeting Thursday, June 24, 2010 9:OOAM Agenda Item: PZ.3 10-00484X City Commission PLANNING AND ZONING SUBMFtTED INTO THE PUBLIC RECO'.D FOR TEMi ON 4ai/,o. David E. Sacks, Esq. Pathman Lewis, LLP One Biscayne Tower, Suite 2400 2 South Biscayne Boulevard Miami, Florida 33131 Telephone: (305) 379-2425 Facsimile: (305) 379-2420 dsacks(a�pathmanlewis.com to- oo5-g3-sv(n,ifilej-'.vas Sachs TA L 1 F C 1 TE T pprovals and Infor ation 921 North Venetian Way, Miami, Florida Folio No.: 01-3231-026-0100 Case No.: 10-00484X 1. Two Letters of Approval from Department of Environmental Resources Management ("DERM"), to Ken Hill Investment Group, Inc. dated January 11, 2010 and June 17, 2010. 2. Letter of Approval from Florida Department of Environmental Protection ("FDEP"), letter to Ken Hill dated March 3, 2010. 3 Approval from Department of the Army ("DA"), letter to Ken Hill Investment Group, Inc. dated April 14, 2010. 4. Proposed Boat Dock Extension and Boatlifts. 5. Proposed Dock Diagram. r:\hill ken\hill ken - dock matters\docs\toc approvals and information - 624,10 city commission hearing.doc Submitted into the public record in connection with item PZ.3 on 06- /40 Priscilla A. Thompson City Clerk TO REORDER CALL 954-846-9399 gpu Submitted into the public record inconnection with item PZ.3on 0644-10 Priscilla A.Thompson City Clerk Carlos Alvarez, Mayor Ken Hill Investment Group, Inc. c/o Ken Hill 101 J|nn Wright Freeway Fort Worth, Texas 76108 Re: Department of Environmental Resources Management Environmental kesources RegUlation Division Class J Permit Application 2009'CL|-PER-0K0306: Ken Hill Investment Group' Inc. - Dock and bo8t|ifts located sd921 NVenetian Way, Miami Beach, Miami -Dade County, Florida. (Folio No. 01'3231-O2t-01OO) Dear Mr. Hill: Please accept this letter in response to your submittal of Class | permit application for the above referenced property. [)ENK8 staff has conducted o biological assessment and has the following recommendations to continue processing your permit application. Pursuant to Section 24-48.3(3) of the Code of Miami -Dade County (Code), a nn|ninnumn water depth of feet N.[)./\.A. mean low water (K8LVV) datum is required within boat slips Cneebad by the installation of structures including but not limited to pi9n;, docks, and pilings prior to the issuance of Class | permit. In addiUon, no permit shall be issued fora proposed slip or any other proposed xvmrh which is to be used for the mooring or securing of a weuae|, unless adequate water depth exists, including when the vessel is fully loaded. Adequate water depth is determined by the draft of the vessels to be moored onaito. P|aooe be ovva,g, based on the vessel information provided in the submitted Class | application form, the Code required water depth is reached 15 feet w@tenmard of the Sg@vve|| in the location of the proposed 'finger pier and boaU|fts. Thepafone, e permanent railing oho|| be required along the access walkway to preclude the mooring of vessels where the Code required water depth is not obtained. The bkdookm| assessment revealed the presence of Submerged Aquatic Vegetation (SAV) within the area of the proposed docking structures and slip areas; apeoifioaUy, moderate to dense coverage ofthe s*agnass/fakoohVadeci i a(Padd|egnasn)vvhi|eapareetomoUerateoomanage of Ha/odu/e wrightfi (Shoal grass) and Hekphila 'ohnoOnii (Johnson's eeagroSa) were documented oneite. Please be advised that pursuant to Section 24-48.4 of the Code' potential adverse environmental impacts and cumulative adverse environmental impacts for a proposed project must be avoided and minimized. Mitigation is required tocompensate for unavoidable adverse environmental impacts. Please beadvised that mitigation cannot be used to make an otherwise non-perrnitab|e project permnitab|a. Mitigation for shading impacts, including permitted slip arean, to resources will be required in an amount equivalent to 1 cubic ymn1 of limestone boulder ripnapper 1Osquare feet ofimpacts. The Department intends hoauthorize a configuration that meets the aforementioned sections of the Code. As such, OEF7yW perornnnende the installation of 'the pier and boaUifts in the same Submitted into the public record inconnection with item PZ.3on 06-' 20 Priscilla 4.Thompson City Clerk footprint of the existing L-shaped dock and boatlift. Please be aware, alternate dock configurations may be considered in the footprint of the existing docking structures. Please beadvised, letters of consent may berequired should the proposed work be located outside of the boundaries as described in Section D-5(03)(2)(a) of the Miami -Dade County Public Works Manual. Pursuant to Section 24-48.3.1 of the Code, additional haCtors. Such as consent from adjoining riparian property owners, will be considered prior to approval of the aforementioned structures. AS such, DERM may request that you submit notarized |9bara of consent that n*fSpenn* plans that have been preliminary approved by OERM from the adjacent property owners. As m result of the expiration of the United Staten Army Corps of Engineers (U8ACE) Federal ponnK Delegation to DERM pertaining to the issuance ofSAJ'42 pennUo, permit approval or exemption must be obtained directly from the USACE regarding this proposed work. P|onae contact Audrey Giu@tthe USACEet(305)770-6O51for more information. Be advised that the submitted application package is incomplete. Attached p|8@oe find a Completeness Summary detailing darns required in order to complete your C|mae | Permit Application Package. Please submit all of the required items within thirty (30) days of the date of issuance of this letter in order to prevent your application from becoming dormant. Attached please also find m State and Federal Delegated Review Checklist containing additional information and indicating additional items to be submitted prior to Class I Permit Issuance. If you have any questions concerning the above referenced opp|inatinn, please contact me at Sincerely, Martha Batista, Biologist | Coastal Resources Section cc: James McKenzie - Applicant's Permit Agent jr@ao-cmn1) Audrey 8iu—U.8.Army Corps ofEngineers kaudrey1aiu@uoace.onnymU> Rona Rodriguez — U.S.Army Corps of Engineers (rona.roU i uez@uaace.anny.nni|) Submitted into the public record inconnection with item PZ.3on 06-�qw0 Priscilla A.Thompson City Clerk M 1111041110 11,..1.poolMm,,,,,,,01:0MV !MI li : 0 m 11101 ,m,„ Carlos Alvarez, Mayor June 17, 2010 Ken Hill Investment Group, Inc. c/o Ken Hill 921 N Venetian Way Miami, Florida Department of Environmental Resources nagement Environmental Resources Regulation Division 701 NW lst Court, 6th Floor Miami, Florida 33136-3912 T 305-372-6567 F 305-372-6407 miarnidade.gov Re: Class I Permit Application 2010-CLI-PER-00041: Ken Hill Investment Group, Inc. — Finger pier and boatlift located at 921 N Venetian Way, Miami -Dade County, Florida. (Folio No. 01-3231-026-0100) Dear Mr. Hill: Pursuant to Section 24-48,4 of the Code of Miami -Dade County, potential adverse environmental impacts and cumulative adverse environmental impacts for a proposed project must be avoided and minimized. The biological assessment revealed the presence of seagrasses at the subject site, including Halophila johnsonii, an endangered species of seagrass. In order to comply with the aforem4ntioned section of the Code, the Department is willing to authorize the structures as depicted in Attachment A, provided the easternmost side of the dock extends a maximum of fifty (5 ) feet from the west property iine. If you have any questions concerning the above referenced application, please contact me at (305) 372- 6549 or hoppsc©miamidade.gov. Sincerely, "(YD Chrissy Hopps, ERPS Coastal Resources Section cc: Z-Max Construction, Inc., Owner's agent (via email) Pathman Lewis, LLP, Owner's Attorney (via email) Submitted into the public record in connection with item PZ.3 on 06-10 Priscilla A. Thompson City Clerk BISCAYNE BAY Ae= *Amoy 4,1'ri 26.1' and (5) Concrete Dock Support Pie, To Br reminal ppatrorm 1715' x 7_25' ond (5) Concrete Dock 514cport Pies To Be Bernard Submitted into the public record in connection with item PZ.3 on 06-24-10 Priscilla A. Thompson City Clerk Plan View Sark: 1 = 10' Dock/Boat ' Ken itil PM WE 921 K ••• A 4byco.1 r.ma 160fit Florida 33139 PUST La Contractor to attain MO Pa utilkit clearance prior GO pita *ing. con: 1—K00-432-4770 WI 1..1 ia. • • TO REORDER CALL 954-846-9399 Submitted into the public record inconnection with item PZ.3on 06-7-1-10 Priscilla A.Thompson City Clerk I s r •a nviron ental rotection e.art ent of Southeast District Office 400 N. Congress Avenue, Suite 200 West Palm Beach, FL 33401 (561) 681-6600 Jack Long, Director cl;crotheast District Offilio MAR 0 Ken Hill 921 N. Venetian Way Miami, FL 33139 Re: File No.: 13-0298710-001 File Name: Hill, Ken Dear Mr. Hill: Charlie Crist Governor kH Kottkamp Lt. Governor lt,Ilchael W. Sole Secretary On December 16, 2009, we received your application and on February 2, 2010, your application was complete for an exemption to perform the Following activities: (l) replace an existing dock with an irregular shaped 428 ft2 dock, consisting of two 4-ft. x 45-ft. (360 ft2) finger piers, connected by a 4-ft. x 11-ft. (68 ft2) marginal dock, all of which shall have grated decking and (2) install two boat lifts. The project is located in Biscayne Bay, within the Biscayne Bay Aquatic Preserve, Class III Waters, Outstanding Florida Waters, adjacent to 921 N. Venetian Way, Miami (Section 31, Township 53 South, Range 42 East), in Miami -Dade County (Latitude N 25° 47' 27.90", Longitude W 80° 10' 34.44"). Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization that may be necessary for work in wetlands or waters of the United States. The kinds of authorization are (1) regulatory authorization, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal authorization. The authority for review and the outcomes of the reviews are listed below. Please read each section carefully. Your project may not have qualified for all three forms of authorization. If your project did riot qualify for one or more of the authorizations, refer to the specific section dealing with that authorization for advice on how to obtain it. 1. Regulatory Review. —VERIFIED The Department has the authority to review your project under Part IV of Chapter 373, Florida Statutes (F.S.), Title 62, Florida Administrative Code (F.A.C.), and in accordance with operating agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. Based on the information you submitted, we have determined that your project to replace an existing dock with an irregular shaped 428 ft2 dock, consisting of two 4-ft. x 45-ft. (360 ft2) finger piers and a connecting 4-ft. x 17-ft. (68 ft2) marginal dock, all of which shall have grated decking and to install two boat lifts is exempt from the need to obtain a DEP Environmental Resource Permit under Rule 40E-4.051(3)(b), F.A.C. 2, Proprietary Review. —GRANTED The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) and issues certain authorizations for the use of sovereignty submerged lands The Department has the authority to review your project under Chapters 253 and 258, F.S., and 18-21, F.A.C., and Section 62-343.075, F.A.C. Your project will occur on sovereignty submerged land and will require authorization from the Board of Trustees to use public property. As staff to the Board of Trustees. we have reviewed the proposed project and have determined that, as long as it is located within the described boundaries and is consistent with the attached general consent conditions, the project qualifies for a letter of consent to use sovereignty submerged lands. Therefore, pursuant to Chapter 253.77, Florida Statutes, you may consider this letter as authorization from the Board of Trustees to perform the project. Submitted into the public record in connection with item PZ.3 on 06 10 Priscilla A. Thompson City Clerk File Name: Hill, Ken FDEP File No.: 13-0298710-001 Page 2 3. Federal Review (SPGP). —NOT GRANTED Federal authorization for the proposed project is reviewed by DEP pursuant to an agreement between the Department and the U.S. Army Corps of Engineers (Corps). The agreement isoutlined in a document titled Coordination Agreement Between the U.S. Army Corps of Engineers arid the Florida Department of Environmental Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act. Your projects have been reviewed for compliance with a State Programmatic General Permit (SPGP). As shown on the attached drawings, the proposed projects are not consistent with the SPGP program. A copy of your application has been sent to the Corps who may require a separate permit. Failure to obtain their authorization prior to construction could subject you to enforcement action. For further information, contact the Corps directly at (305) 526-7181. This exemption verification is based on the information you provided the Department and the statutes and rules in effect when the information was submitted. This verification will expire after one year, and will not be valid at any other time if site conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. However, the activity may still be conducted without further notification to or verification from the Department after the one-year expiration of this verification, provided: 1) the project design does not change; 2) site conditions do not materially change; and 3) there are no changes to the statutes or rules governing the exempt activity. In the event you need to re -verify the exempt status for the activity after the one-year expiration of this verification, a new application and verification fee will be required. Any substantial modifications to the project design should be submitted to the Department for review, as changes may result in a permit being required. Conditions of compliance with the regulatory exemption are contained in Attachment A. This letter does not relieve you from the responsibility of obtaining other permits (federal, state, or local) that may be required for the project. NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS This letter acknowledges that the proposed activity is exempt from ERP permitting requirements under Rule 40E- 4.051(3)(b), F.A.C. This determination is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this determination automatically becomes only proposed agency action subject to the result of the administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. The procedures for petitioning for a hearing are set forth in the attached notice. This determination is based on the information you provided the Department and the statutes and rules in effect when the application was submitted and is effective only for the specific activity proposed. This deterrnination shall automatically expire if site conditions materially change or the governing statutes or rules are amended. In addition, any substantial inodifications in your plans should be submitted to the Department for review, as changes may result in a permit being required. In any event, this determination shall expire after one year. Be advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed under this determination of exemption have a right to request an administrative hearing on the Department's decision that the proposed activity qualifies for this exemption. Because the administrative hearing process is designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing may result in a final determination that the proposed activity is not authorized under the exemption established under Rule 40E-4.051(3)(6), F.A.C. The Department will not publish notice of this determination. Publication of this notice by you is optional and is not required for you to proceed. However, in the event that an administrative hearing is held and the Department's Submitted into the public record in connection with item PZ.3 on O6-1M1O Priscilla A. Thompson City Clerk File Name: Hill, Ken FDEP File No.: 13-0298710-001 Page 3 deterrnination is reversed, proceeding with the proposed activity before the time period for requesting an administrative hearing has expired would mean that the activity was conducted without the required permit. If you wish to limit the time within which all substantially affected persons may request an administrative hearing, you may elect to publish, at your own expense, the enclosed notice (Attachment A) in the legal advertisement section of a newspaper of general circulation in the county where the activity is to take place. A single publication will suffice. If you wish to limit the time within which any specific person(s) may request an administrative hearing, you may provide such person(s), by certified mail, a copy of this determination, including Attachment A. For the purposes of publication, a newspaper of general circulation means a newspaper meeting the requirements of sections 50.011 and 50.031 of the Florida Statutes. In the event you do publish this notice, within seven days of publication, you must provide to the following address proof of publication issued by the newspaper as provided in section 50.051 of the Florida Statutes. If you provide direct written notice to any person as noted above, you must provide to the following address a copy of the direct written notice. Florida Department of Environmental Protection Southeast District Submerged Lands and Environmental Resources Program 400 North Congress Avenue, Suite 200 West Palm Beach, Florida 33401 If you have any questions, please contact Jena Sansgaard at (561) 681-6655 or by email at Jena.Sansgaard@dep.state.fl.us. When referring to your project, please use the FDEP file name and number listed above. Sincerely, 3/sfio Jennifer K. Smith Date Environmental Administrator Submerged Lands and Environmental Resources Program Enclosures cc: Alberto Gonzalez USACOE Miami, AIbertoGonzalezusaceai-my.mii James McKenzie, Z Max Construction, JamesJarnesM1R@aol.coni FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to 120.52(9), Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk Date Submitted into the public record in connection with item PZ.3 on 06- -10 Priscilla A. Thompson City Clerk File Name: Hill, Ken FDEP File No.: 13-0298710-001 Page 4 GENERAL CONSENT CONDITIONS: (1) Authorizations are valid only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board. (2) Authorizations convey no title to sovereignty submerged land or water column, nor do they constitute recognition or acknowledgment of any other person's title to such land or water. (3) Authorizations may be modified, suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C. (4) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources. (5) Construction, use, or operation of the structure or activity shall not adversely affect any species which is endangered, threatened or of special concem, as listed in Rules 68A-27.003, 68A-27.004, arid 68A-27.005, F.A.C. (6) Strictures or activities shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court's decision. (7) Structures or activities shall not create a navigational hazard. (8) Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire. (9) Structures or activities shall be constructed, operated, and maintained solely for water dependent purposes, or for non -water dependent activities authorized under paragraph 18-21.004(1)(0, F.A.C., or any other applicable law. Submitted into the public record in connection with item PZ.3 on 06- .10 Priscilla A. Thompson City Clerk Attachment A File No.: 13-0298710-001 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF DETERMINATION OF EXEMPTION The Department of Environmental Protection gives notice that the project to replace an existing dock with an irregular shaped 428 ft2 dock, consisting of two 4-ft. x 45-ft. (360 ft2) finger piers, connected by a 4-ft. x 17-0. (68 f12) marginal dock, all of which shall have grated decking and to install two boat lifts, located in Biscayne Bay. within the Biscayne Bay Aquatic Preserve, Class III Waters, Outstanding Florida Waters, adjacent to 921 N. Venetian Way, Miami (Section 31, Township 53 South, Range 42 East), in Miami -Dade County (Latitude N 25° 47' 27.90", Longitude W 80° 10' 34.44") has been determined to be exempt from requirements to obtain an environmental resource permit. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Mediation is not available. If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida Administrative Code. In accordance with rule 62-110.106(3), F.A.C., petitions for an administrative hearing must be filed within 21 days of publication of the notice or receipt of written notice, whichever occurs first. Under rule 62-110.106(4) of the Florida Administrative Code, a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000 prior to the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Upon motion by the requesting party showing that the failure to file a request for an, extension of time before the deadline was the result of excusable neglect, the Department may also grant the requested extension of time. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing, The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that right. A petition that disputes the material facts on which the Department's action is based must contain the following infon-nation: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28- 106.301. Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing shall be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed, Complete copies of all documents relating to this determination of exemption are available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, at the Southeast District office, 400 North Congress Avenue, West Palm Beach, Florida. Submitted into the public record in connection with item PZ.3 on 0 .10 Priscilla A. Thompson City Clerk Property Information Map Page 1 of 1 My Home Miami -Dade County, Florida Property -Information Map Digital Orthophotography - 2007 0 119 ft This map was created on 2/3/2010 9:27:57 AM for reference purposes only. Web Site 2002 Miami -Dade County. All rights reserved. Folio No.: Property Mailing Address: Summary Details: VW.&250 921 N VENETIAN WAY KEN HILL INVESTMENT GROUP INC 101 JIM WRIGHT FREEWAY STE 200 FORT WORTH TX 76108- Property Information: Primary Zone: CLUC: Beds/Baths: Floors: Living Units: Adj SqFootage: Lot Size: Year Buiit• Legal Description: 0100 SINGLE FAMILY RESIDENCE 0001 RESIDENTIAL - SINGLE FAMILY 4/4 3,605 16,000 SQ FT 1948 BISCAYNE ISL RE -SUB PB 40-34 LOT 13 BLK 1 AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 100 000 X 160 OR 18809-3022 09 1999 1 Assessment Information: Year: Land Value: Building Value: Market Value. Assessed Value: Year: 2009 $2,800,000 $765,044 $3,565,044 2008 $3,280,000 $769,323 $4,049,323 $1,293,211 $1,291,920 Exemption Information: porneete8ft 2_041-.1ormteasii. 2009 $25,000 YES 2008 $25,000 YES Taxable Value Information: Year: Taxing Authority: Regional: County: City: 2009 Applied Exemption/ Taxable Value: $50,000/ $1,243,211 $50,000/ $1,243,211 $50,000/ $1,243,211 2008 Applied Exemption/ Taxable Value: $50,000/ $1,241,920 $50,000/ $1,241,920 $50,000/ $1,241,920 School Board: Sale Date: $25,000/ $1,288,211 $25,000/ $1,286,920 Sale Information: Sale Amount: Sale O/R: Sales Qualification Description: 1112009 $3,700,000 ,270.957.4,252, Sales qualified as a result of examination of the deed yiew_AstaiN_Rat-S-01 record in con item PZ.3 on c 0. E -c 1— ra hrtn://visims2.miamidade.gov/mvhome/nrintman.asn?mapurl—http://2isims2.miamidade.gov... 2/3/2010 T VAS 55 UNL€SS €55 Q.5SEO SURVEYOR'S SEAL TH Submitted into the public record in connection with item PZ.3 on 06 29-10 Priscilla A. Thompson City Clerk 141.50' (M) s 150.00' (R ) GC&S WALL 215.00' (R) 211.50' (M) ALLWRAYLA1) -s�£v.,1x.eaa=ca„c..fTe �ac«rST,,CiunE, c,r-cwwfwxteAce.t•f.ewoAfNr. ,w€-oa+�.+�j a�.��r.e.a<x¢.rr. �.wor.r�� f.FathAD.AXLACCAga #ft FAT♦A.+PlOPAALL' .....MwLAWIEB✓4tE VAAW00-EN€fNC@. R£ s.HESMENLE. gt-C 5. .As.Rki�i {S£el ltlf( £ALEatEAS. CrAtC.CONCR-fTE ass W51VAGfR Of VA L D£.5501*50 FREuu. NL Ca.CENT€A ,ALL. O'ANMTE.9, TYP-T?iFi'N, AWAttAial, R*d£COA0E0 6MR.eNtROA0 04*iL CD34P•COLtAttf50. AA.ASPNKt. ,c#rN. a MC_ 4.a£l 01ELATA, +. .r..FSET E&'•AO elare1 LOW^ W'0* AOAOV.EALAWLS t•miZRX@TE onfLACE= -SUBJECT A FLOR)OA FSFSED - YOl FESSfONA1 t1ER000 #i6 ENCROACR - t'4=- - E0. 1RTiCAL EAiUN OF 152d. Rt' a F `1+(8S ARE } T ETRiCTRNSS NOT 5 0 UR '-0 HAT MAY FOUN i€3 THE P),IC RE INTACT 051E APFR - ,?R3-,yj�� T+WY S)GN I+EK FD 'ORMAiiON. S00 EXAM - �� A FTIIHETfTtE HAV5 Ts a:_ 51000 37RUMENTS•IFANY.. T}yS PRs-.-t. CTE ED OVNOARY SUS' E HERE{S0.00 Y CLIENT 5) AL GEODF.01C DITIONAL NTY S) 0 ZONi00 RECORDED 0 LOCATION SKETCH SCALE: NTS SURVEY OF; 921 N. VENETIAN WAY, NIAMI, FLORIDA 33L39 CERTIFIED TO: KEN HJ.LL INVESTMEIT GROUP, INC., ICiNE, MOORE 6 KLEIN, Y.A., FIRST AMERICAN TITLE INSURANCE COMPANY LEGAL DESCRIPTION: LOT 13 BLOCK 1 OF RESUB➢IVISION OF A PORTION OF BISCAYNE 1SL.ANU SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40 AT PAGE 34 OF THE PUBLIC RECORDS M}I`➢'tDE COUNTY, FLORIDA EREBY CERTIFY Thai Ihs survey I95$5.59 05,5 155 003e€5R 3ec59i requ')emoo o TATE OF FI.ORIOA Bca,d of land u551 m Sects. 472.027 Flo[ida 050157E RED €PtiO SURVEY STATE OP FLORIDA 05924 BL_ANc0 SUR Engtnsers• Lsn4 Sea 5 yoea- Fla n0era• LBsf007059 56,5 NORTH SHOREi4RIVE MRAEA B5ACH. FL 9314i (305I055-1200 Em FLGAD ZONE: r EL 0317 IE17i09 SCALE_ 1s0 COMMUNITY a -OWN. BY. 5-7810 DATE: 9! 11 t 09 505E 120550 09 9 45' B IS CA YNE BAY J3'-.3- New 4' x 45' Cock With EPE Crated Decking 4' x I 11.-9a. Dock Extension Existing Boot Lill and (4) Concrete Support Piles To Remain New 40,000 lb. Yacht Boat and (5)New Concrete Support Piles A 4S1 ,..t' te4 14,414.4 43. It 4" 4 to4P Existing Access Walkway 4.1' x 26.1and (5) Concrete Dock Support Res To Be Removed Existing re! frtiOaf Platform 17.25 x 7.25' and (5) Concrete Dock Support N'es To Be Removed Limits of Roiting Typical Both Sides—\,,,, 17' New 4' x 45' Deck 10th EPE Grated flecking 15' 10' New 24,000 Ib. Yacht Boot Lill and (a) New Concrete Support Piles \ I 20° 4` 1\ New 4'x17' Marginal __ Dock with EPE Grated Decking and Roiling on Cutside Edge Plan View 15' Exling Seawall To Remain Dock/Boat Lifts Ken Ellll 921 N Venetian *yb Miami, Florida 33139 r Rill 01.11,1 Pi.01 .xo Contractor to oaloin L OIC lie. utility clearance prior to pile efriVrtg. roll: 1-8400-432-4770 fteezver 3.A3.3. 33. 3 item PZ.3 on The construction of the Ipe grate is os follows: A B" slot with a open space 0.7571.75=0,429=43i. Existing Pool k To Remain 2x6 Box Framed Step Existing Seawril, Cop and Rp Rap To Remain I. Ipe grated decking with J/4" spacing with (1) S.S. Wood Screw per stringer. 2. 2x10 stringers ® 18' max spacing. 3. 2x8 subslringer with (2) j x 6 Wedge Mchors ® piles. 4, Hurricane strap Simpson Strong —Tie F1538.J HTSI6 (Galvanized) 5. 4x10 drop hanger with (2) x 8 wedge anchors into es8ling seawall, rnia embedment 6. 2x8 substringer with (2) j x 8 lag bolts into drop hanger. Submitted into the public record in connection with item PZ.3 on 0-10 Priscilla A. Thompson City Clerk 2 Dock Section (West Pier Outsde Edge 01few Dock N.H.W. 11LNG'D M.L.W. —O.I NGVD Mw 12'x12 Concrete Ples, Driven to 10 rrn Bearing Capacity Dock/Boat Lifts Ken Hill 921 N Venetian Way Miami Beach, Florid( 33139 nxa 111,0i nnr v Contraen INEC re utility clearance "'-r""e prior to pile drrvng. coil; 1-800--432-4770 warms iiiikoww ma '10 REORDER CALL 95 • Submitted into the public record in connection with item PZ.3 on 06 10 Priscilla A. Thompson City Clerk U6LIII416(1 - EPA L WIL9MS6I -WOE:TT OT,-60-W UdAI.T.idE T ET F THE AR Y JACKSONVI DISTRICT CORPS OF ENGINEERS 990 SW 107w" AVENUE SUITE 203 FLORJOA 33176 REPLY TO ATTENTION OF Regulatory Division South Fermits ranch Miami Regulatory Office SAJ-2 10-00599JLPAGY Ken Fill Investment Group, Inc. 921 N. Venetian Way Miami, FL 33139 Dear Applicant: This is in reference to your request for a Department of the Army (DA) permit to perform work in or affecting waters of the United States. If you determine that the permit provided is acceptable in its entirety and you have chosen to proceed with the authorized activity, then upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), you are authorized under a Letter of Pertission to install a 4 foot wide by 17 foot long marginal dock connected to a 4 foot wide by 45 toot long pier, 3 concrete support piles, and a 24,000 poundcapacity boat. lift for one new wet slip. he proposed dock will be elevated to +3 feet 2 inches above MHW and will be constructed using IPE wood grating. The grated decking will alIow a minimum of 43% open space. The work will be performed at 921 N. Venetian Way Miami, FL 33139. Geographic Position: Latitude: 25.472790° North Longitude: 80.103444West The project must be completed in accordance with the enclosE construction drawings date stamped by the Corps on March 12, 2010, and the general and special conditions which are incorporated in, and made a part of, the permit. Special Conditions: 1. Within 60 days of completion of the k authorized, the attached "Self -Certification Statement of Compliance" must be completed and submitted to the U.S. Army Corps of Engineers. Mail the completed form to the Regulatory Division, Enforcement Section, 9900 SW 107th Avenue, Miami, FL 33176. Submitted into the public record in connection with item PZ.3 on 06 10 Priscilla A. Thompson City Clerk H7Z1,;-L917-1796.1, uopru)sudo eupeoj xeol est7:01, ol.170AelAl 8000/Z000d splar umiled -al WTL9M,96f 4J0JJ bt;.1.1. IlidAidJdd -2- 2. The Permittee shall comply with the "Standard Manatee Conditions for In -Water Work - 2309" provided in this permit. J. Prior to the initiation of any of the work a-Jthorized this permit the Permitcee shall install floating turbidity barriers with weighted skirts that extend to within 1 foot cf the bottom around all work areas that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained until the authorized work ':las been completed and all erodible materials b.ave been stabilized. 4. The permittee agrees to follow the Sea Turtle and ltooth Sawfish Construction Conditions: The permit -zee shall instruct all personnel associated with the project of the potential presence of these species and the aeed to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water - related activities for the presence of these species. The oermittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or amalltooth sawfish, which are protected ender the Endangered_apecies Acteof 1973. Siltation barriers shall be made of material in which a sea turtle or smalitOoth saWfi-Sh cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resource Division, St. Peeersburg, Florida. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water depths where the draft of the vessels provides less than a four - foot clearance from the bottom. All vessels will preferentially follow deep -water routes (e.g,, marked channels) wherever possible. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft 1.121.-L9V-1796-1, uopruIsuo0 aupeoi )(SIN e917:0 l• 0 L 0 Ae UV 8000/E000d sl-mar 9 uPw4led -01 "WIL9G6I -WOH3 6E:LE, 01,-170-W UdAidadt radius of the egu-ipment. Activities may not resume until the Protected species has departed the project are of its own volition. Any -collision with and/or intary to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resource Division (727-824- 5312) and the local authorized sea turtle stranding/rescue organization. 5. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures Dr work herein authorized, or if in The opinion of the Secretary of the Arrny or his authorized representative, said structure cr work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, cr alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on acd(yant of any such removal or alteration. • 6.--Mai,nt-enance_or_use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 7. Environmental controls and best management practices must be implemented to prevent any materials related to construction activities from entering the surrounding water. Any material removed as well as material applied to accomplish the project must be contained so as to prevent fugitive particulates and/or discharge to surface waters. If the work authorized is not completed on or before April 14, 2015, authorization, if not previously revoked or specifically extended, shall cease and be nuil and void. Instructions for Objecting to Peit Te and Conditions: This letter contains an initial proffered permit for your proposed project/permit application. If you object to certain terms and conditions contained within the permit, you may request that the permit be modified. Enclosed you will find a Notification of Administrative Appeal Options and Process fact Ed uopruisuoo su!ievv xeuNi .t u 0 c m E -2 a- (1.) e9t7:01. 0 VO AetAl 8000/NOOd srmat umped -01 9 -W083 6E:TL 01--00-Y0 (.1d8Ididd -4- sheet and Request for Appeal (RFA) form. :f you choose to object to certain terms and conditions of the permit, you must follow the directions provided in Section 1, Part A and st-Ibmir- the completed REA form to the letterhead address. In order for an RFA to be accepted by the Corps, the Corps must determine that it fs complete, that it meets the criteria under 33 CFR Part 331.5, and that it has been received by the District office within 60 days of the date of the RFA. Should you decide to submit an RFA form, it must be received at the letterhead address by June 13, 2010. Should you have any questions regarding this letter,. please contact the project manager Albert Gonzalez in writing the letterhead address, by telephone at 305-779-6055, or by email at Albert.Gonza:ez@usace.army.mil. The Corps Jacksonville District Regulatory Division is committed. to improving service to our customers. We striveto perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to take a few minutes to visit the following link and complete our automated Customer Service Survey: http://per2.nwp.usace.army.mil/survey.html. Your inv.lt is appreciated - favorable or otherwise. BY AUTHORITY OF THE SECRETARY OF THE ARMY: p'd 1,17Z Alfred .AH".P.antano, Jr. Colonel, U.S. Army District Commander Submitted into the public record in connection with item PZ.3 on 06- 0 Priscilla A. Thompson City Clerk uoprulsuoo aupeim xeN eL17:0l, 0i tO Enclosures James McKenzie Z-max Construction 1524 S2 I4th Street Fort Lauderdale, FL 33316 CF3AJ-RD-PE (w/ enclosures) S-d 0C�^19t7'V98-� Submitted into the public record inconnection with item PZ.3_on 06' 10 Priscilla A.Thompson City Clerk 8000/8000d sTmei 2 uewiped -01 WIL9ff/S6L -WOE 6£,IT 0T,-60-90 U3A1303d GENERAL CONDITIONS 33 CFR PART 320-330 PUBLISHED FR DATED 13 NCVEMBER 1986 1. The time limit for completing the work authorized ends .on -the date noted in theye it letter. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplisning the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination req.,Iired to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the prcp-rty associated with this permit you must obtain the signature cf the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. :f a conditioned water quality certification has been issued for yo.ar.project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. gd t,VZ1,-L917-1796-l. Submitted into the public record in connection with item PZ.3 on 06 0 Priscilla A. Thompson City Clerk uopnxisuop supen xetfq RaVOI 0 !, f70 Submitted into the public record inconnection with item P2.3on VO- 10 Priscilla A.Thompson City Clerk 45'-0'' 35'-0" •tN• \\\-v 14' 0' rn 10'-0" FROPO5ED E3OAT DOCK(5) 25'-0" (14 0 A V \ 8 ;r 45'-0'' 20'-0" MILL RESIDENCE 92 I NORTH VENETIAN DRIVE MIAMI, FLORIDA pKoposED DOCK, EXT(N57ON AND BOATLIFTS 0) One Biscayne Tower 2 South Biscayne Blvd., Suite 2400 Mom, Florida 33 I 3 I Toll Free (535) 379-3459 Phone (305) 373-2425 Fax (305) 379-2420 Submitted into the public record in connection with item PZ.3 on 0614-10 Priscilla A. Thompson City Clerk Property Information Map http://gisirns2.co.miami-dade.fLus/myhome/printrnap.asp?mapurl=http:/... Property Information Map My Home Miami -Dade County, Florida tolissongs. . pettro,e, Aerial Photography - 2009 0 This map was created on 6/23/2010 3:41:29 PM for reference purposes only. Web Site 02002 Miami -Dade County. All rights reserved. 1 of 1 Summary Details: Folio No.: 01-301-02.6-0100 Property: '27N VENETIAN WAY Mailing KEN HILL INVESTMENT GROUP dress: INC 101 JIM WRIGHT FREEWAY S STE 200 FORT WORTH TX 6108- Prope Primary Zone: CLUC: Information: 0100 SINGLE FAMILY RESIDENCE 0001 RESIDENTIAL- SINGLE FAMILY Beds/Baths: /4 Living Floors: Units: 4dSq Footage: Lot Size: Year Built: Legal Description: [3,605 16,000 SQ FT 1948 BISCAYNE ISL RE -SUB PB 0-34 LOT 13 BLK 1 AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 100 000 X 160 OR 18809-3022 09 1999 1 Assessment Information: Year: 2009 2008 Land Value: $2,800,00013,280,0001 Building Value: $765,044 $769,323 ! Marlet Value: $3,565,044 ,049,323 Assessed Value: $1,293,211 1,291,920 Exemption Information: Year: r2009 2008 I esteap: r $25,000 25,000 !mT'e§Mct.YES YES Taxable Value Information: Year: F2009 2008 axing Applied Exemption/ Applied Exemption/ thority: Taxable Value: Taxable Value: Regional: 50,0001$1 243211 $50,000/$1,241,920 ounyj 50,0001$1,243,21,920 50,000/$ ,243,2 ,241.,920 School 25,000/$1,268,211 $25,000/$1,266,920 Board: Sale Information: 009 ,700,000 27095-4252 Sales Qualification Sales qualified as a result of Descr_i_pfion: examination of the deed Vi\tv Sales Submitted into the public record in connection with item PZ.3 on 06-24-10 Priscilla A. Thompson City Clerk 6/23/2010 4:09 PM TO REORDLR CALL 954 Submitted into the public record inconnection with item PZ.3on 06'24'10 Priscilla A.Thompson City Clerk Extension Existing Dock Required by DERM 4 BISCAYNE BAY Nee f° a 45' C4x..4 Rh WE Ctole Dediv Eastin Boat oral (4) Concrete &wort Nee To Nsnoin If 14` faistin kons ftim), 4. I MI' and (5) C2asete Dour swn. Pi!, To Be Retrrwed_ .4..1E141,44 !core. Macon 1725 o 7;5' o. (5) Co, 1.10-8 54F444/ F48 To Be Nev 4. radii 1— Bost LAI oxt (8) Nee C..rele Support Piyi I r :No' .,i‘.; ..4.5,4'Odarj. New 24,BX 6. Yx#5 I— L.L.-4;- ''' ' I / Coot54,4pal 114;t4 1' 5/ \ 1 Nem exIT ItroviV Bock rilt, EFE Croie4 Ceci.; old Ra6no Ed?. Plan _View 70' 5 Dock/Boat Lifts Ken tfof 921 N VeneCon Azry 1144, F 31119 (I ..st .01.18 Controcf.r to man :day MI ••••• s. prior to pile OA,* cot- I-W2-432-4770 0 2 _c • 3 cc a c a) 0 .4T -C IN ▪ u O w • c c c 0 -0 (1 v.• c M .4-, NJ E o E Q, c 0 0_ co E o .c u u 0.