HomeMy WebLinkAboutBack-Up DocumentsMODIFIED AND RESTATED RESTRICTIVE COVENANT RUNNING WITH THE LAND
IN FAVOR OF
MIAMI-DADE COUNTY
WHEREAS, in 2006, the City of Miami proffered a Restrictive Covenant Running
with the Land in Favor of Miami -Dade County, which was recorded in the Public Records
on November 6, 2008 at Book 26641, Pages 4960-4978, pursuant to Section 24-48.2 of
the Code of Miami -Dade County and in connection with Miami -Dade County Class I
Permit application number CC06-259 and variance request; and
WHEREAS, the City of Miami wishes to modify that Restrictive Covenant
Running with the Land in Favor of Miami -Dade County, recorded in the Public Records
on November 6, 2008 at Book 26641, Pages 4960-4978, so that all of the prior
restrictions shall remain in place, except during a temporary, annual boat show, as
provided more specifically herein, and
WHEREAS, this Modified and Restate estrictive Covenant Running with the
Land in Favor of Miami -Dade County is being pr red by the City of Miami, pursuant to
section 24-48.2(II)(B)(10)(c) of the Code of Miami -Dade County, in connection with the
Miami -Dade County Division of Environmental Resources Management (DERM) Class I
Permit application number CLI-2024-0
The undersigned, the City of Miami, being t ee present owner(s), of the following real
property (hereinafter called "the Propert. "), lying, being and situated in Miami -Dade
County, Florida, to wit:
S ATTACHED LEGAL DESCRIPTION (Exhibit A)
11110
hereby voluntarily cove ants as follows:
1. The undersigned agree(s) and covenant(s) that all docking facilities located at the
subject property shall be used for the mooring of vessels in a manner that is
consistent with the conditions of this covenant, with the Flagstone Island Gardens
Mega -Yacht Harbor Manatee Protection Plan, a copy of which is attached hereto as
Exhibit B, and which is incorporated herein by reference hereto, and with the
recommendation memorandum from the Director of the Miami -Dade County
Department of Environmental Resources Management with all accompanying
attachments, a copy of which is attached hereto as Exhibit C, and which is
incorporated herein by reference hereto.
2. The undersigned agree(s) and covenants(s) that all vessels utilizing the docking
facilities located at the Property shall have a minimum of three (3) feet of clearance
between the bottom of Biscayne Bay at said facilities and the deepest draft of the
vessel as measured at mean low water.
3. The undersigned agree(s) and covenant(s) that the vessel fueling services provided
at the Property shall be utilized only by the lessees of the docking facilities located at
the Property, and for use by public agency law enforcement vessels.
Page 1 of 4
4. The undersigned agree(s) and covenant(s) that the maximum number of vessels
which shall be moored at the docking facilities located at the Property shall not
exceed fifty (50) vessels at any time.
5. The undersigned agree(s) and covenant(s) that as a subset of the maximum of fifty
(50) vessels authorized for mooring at the docking facilities, the maximum number of
powerboats that are less than one -hundred (100) feet in length as measured at the
water line that will be moored at the docking facilities located at the Property shall not
exceed a total of twenty-three (23) at any time. Of the maximum allowable of twenty-
three (23) powerboats less than one -hundred (100) feet in length as measured at the
waterline, not more than two (2) shall be water taxis, four (4) shall be commercial
fishing or diving charter boats, and three (3) shall be marina service vessels. This
provision shall not apply to sailboats with ancillary motors, non -motorized vessels or
any rowboat.
6. The undersigned agree(s) and covenant(s) that the marina service vessels allowed
pursuant to this Restrictive Covenant shall only be permitted to be used for service
operations at the marina including but not limited to deploying fuel containment
booms, marina security services, and tugboat -type of operations. Marina service
vessels shall not travel away from the marina, and shall at all times operate within
one -thousand (1000) feet of the docking facilities located at the Property. This
restriction shall not apply to travel of the marina service vessels necessary for the
maintenance or repairs of said marina service vessels, or to travel of these marina
service vessels necessary for safety easons during emergencies such as storms or
hurricanes.
7. For the purpose of the temporary, annual boat show authorized by Class I permit
CLI-2024-0248 (the "boat show"), and only to the extent that the particular annual
boat show has also received an annual administrative approval for the boat show for
the respective year, the above -mentioned restrictions in paragraphs 1, 3, 4, 5, and 6
shall not apply during said annual boat show, provided that:
a. The duration of the dual. boat show, including construction, set up, and
removal, is no more than 45 days, counted consecutively; and
b. The maximum number of vessels that may be moored at the docking facilities
located at the Property during the boat show shall not exceed ninety-four (94)
vessels. The authorization to temporarily increase the maximum number of
vessels at the Property each year using temporary slips shall only apply
within the time period specified in the Class I permit.
8. The undersigned agree(s) and covenant(s) to comply in full at all times with the
restrictions and prohibitions on non -water dependent floating structures as set forth
in Chapter 24 of the Code of Miami -Dade County.
9. For the purposes of this Restrictive Covenant, "vessel" is herein defined as any
watercraft designed to float or navigate upon water, or which may be used or is
capable of being used as a means of transportation on water including, but not
limited to, sailboats, powerboats, ships, barges, boats, skiffs, rowboats, houseboats,
jet skis and inflatable boats.
Page 2 of 4
10. For the purposes of this Restrictive Covenant, "docking facility" is herein defined as
any structure, landward or waterward of the mean high waterline, designed for or
capable of mooring a vessel, and requiring a Miami -Dade County Class I Permit,
pursuant to Chapter 24 of the Code of Miami -Dade County, including but not limited
to, docks, piers, piles, boat elevators and davits.
11. This Restrictive Covenant shall run with the land and shall be recorded in the Public
Records of Miami -Dade County, Florida, at the expense of the undersigned, and
shall remain in full force and effect and be binding upon the undersigned, and their
heirs, successors, grantees and assigns until such time as the same is modified in
writing by the undersigned and Miami -Dade County or released in writing by Miami -
Dade County.
12. This Restrictive Covenant shall be subject to specific enforcement by Miami -Dade
County, Florida. In the event that the provisions of the Covenant are not complied
with by the undersigned or their heirs, successors, grantees, and assigns, an action
at law or in equity may be commenced by Miami -Dade County against any person
violating, causing, permitting, allowing or suffering the violation of this Covenant.
Page 3 of 4
IN WITNESS WHEREOF, the undersigned have caused this Restrictive Covenant to be executed
this day of , 2025.
PROPERTY OWNER: City of Miami
Sign
Print
Address
Title
WITNESSES:
Sign
Print
Address
Title
PROPERTY OWNER: City of Miami
Sign
Print
Address
Title
State of Florida
County of Miami -Dade
Sworn to (or affirmed) and subscribed before_ me;b
one):
❑ physical presence ❑ online notarization tl%"ay of, 20
(date) (month) (year)
Sign
Print
Address
Title
Sig
Print
Address
Title
by
means of (how the individual appeared check
Individual identified by: ❑ personal knowledge El satisfactory evidence
(type)
(Affix Florida Notary Seal above)
Attachments:
(Signature of Notary Public)
(typed, printed, or stamped name of Notary Public)
Exhibit A: Legal Description of subject property
Exhibit B: Flagstone Island Gardens Mega -Yacht Harbor Manatee
Protection Plan
Exhibit C: Recommendation Memorandum from Director of Environmental
Resources Management
Page 4 of 4
11111111111111111 IIIII IIIII IIIII IIIII 1111 Ills
CFN 2008R0906202 OR BK 26641 P s 4960 - 4978; (19p9s)
RECORDED 11/06/2008 13:00:48
HARVEY RUVIN, CLERK OF COURT, MIAMI-DADE COUNTY, FLORIDA
RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF
MIAMI-DADE COUNTY
The undersigned, the City of Miami, being the present owner(s), of the following real
property (hereinafter called "the Property"), lying, being and situated in Miami -Dade
County, Florida, to wit:
SEE ATTACHED LEGAL. DESCRIPTION (Exhibit A)
pursuant to Section 24-48.2(I) (B) (2) (b) of the Code of Miami -Dade County, hereby
proffers this executed Restrictive Covenant Running With The Land In Favor of Miami -
Dade County, Florida in conjunction with Miami -Dade County Department of
Environmental Resources Standard Form Class I Permit application number CC06-259
and variance request, for construction of a 50 slip mega -yacht marina:
1. The undersigned agree(s) and covenant(s) that all docking facilities located at the
subject property shall be used for the mooring of vessels in a manner that is
consistent with the conditions of this covenant, with the Flagstone Island Gardens
Mega -Yacht Harbor Manatee Protection Plan, a copy of which is attached hereto as
Exhibit B, and which is incorporated herein by reference hereto, and with the
recommendation memorandum from the Director of the Miami -Dade County
Department of Environmental Resources Management with all accompanying
attachments, a copy of which is attached hereto as Exhibit C, and which is
incorporated herein by reference hereto.
2. The undersigned agree(s) and covenants(s) that all vessels utilizing the docking
facilities located at the Property shall have a minimum of three (3) feet of clearance
between the bottom of Biscayne Bay at said facilities and the deepest draft of the
vessel as measured at mean low water.
3. The undersigned agree(s) and covenant(s) that the vessel fueling services provided
at the Property shall be utilized only by the lessees of the docking facilities located at
the Property, and for use by public agency law enforcement vessels.
4. The undersigned agree(s) and covenant(s) that the maximum number of vessels
which shall be moored at the docking facilities located at the Property shall not
exceed fifty (50) vessels at any time.
5. The undersigned agree(s) and covenant(s) that as a subset of the maximum of fifty
(50) vessels authorized for mooring at the docking facilities, the maximum number of
powerboats that are less than one -hundred (100) feet in length as measured at the
water line that will be moored at the docking facilities located at the Property shall
not exceed a total of twenty-three (23) at any time. Of the maximum allowable of
twenty-three (23) powerboats less than one -hundred (100) feet in length as
measured at the waterline, not more than two (2) shall be water taxis, four (4) shalt
be commercial fishing or diving charter boats, and three (3) shall be marina service
vessels. This provision shall not apply to sailboats with ancillary motors, non -
motorized vessels or any rowboat.
Page 1 of 3
Book26641 /Page4960 CFN#20080906202 Page 1 of 19
6. The undersigned agree(s) and covenant(s) that the marina service vessels allowed
pursuant to this Restrictive Covenant shall only be permitted to be used for service
operations at the marina including but not limited to deploying fuel containment
booms, marina security services, and tugboat -type of operations. Marina service
vessels shall not travel away from the marina, and shall at ail times operate within
one -thousand (1000) feet of the docking facilities located at the Property. This
restriction shall not apply to travel of the marina service vessels necessary for the
maintenance or repairs of said marina service vessels, or to travel of these marina
service vessels necessary for safety reasons during emergencies such as storms or
hurricanes.
7. The undersigned agree(s) and covenant(s) to comply in full at all times with the
restrictions and prohibitions on non -water dependant floating structures as set forth
in Chapter 24 of the Code of Miami -Dade County.
8. For the purposes of this Restrictive Covenant, "vesser is herein defined as any
watercraft designed to float or navigate upon water, or which may be used or is
capable of being used as a means of transportation on water including, but not
limited to, sailboats, powerboats, ships, barges, boats, skiffs, rowboats, houseboats,
jet skis and inflatable boats.
9. For the purposes of this Restrictive Covenant, "docking facility" is herein defined as
any structure, landward or waterward of the mean high waterline, designed for or
capable of mooring a vessel, and requiring a Miami -Dade County Class I Permit,
pursuant to Chapter 24 of the Code of Miami -Dade County, including but not limited
to, docks, piers, piles, boat elevators and davits.
10. This Restrictive Covenant shall run with the land and shall be recorded in the Public
Records of Miami -Dade County, Florida, at the expense of the undersigned, and
shall remain in full force and effect and be binding upon the undersigned, and their
heirs, successors, grantees and assigns until such time as the same is modified in
writing by the undersigned and Miami -Dade County or released in writing by Miami -
Dade County.
11. This Restrictive Covenant shall be subject to specific enforcement by Miami -Dade
County, Florida. to the event that the provisions of the Covenant are not complied
with by the undersigned or their heirs, successors, grantees, and assigns, an action
at law or in equity may be commenced by Miami -Dade County against any person
violating, causing, permitting, allowing or suffering the violation of this Covenant.
Page 2 of 3
Book26641/Page4961 CFN#20080906202 Page 2 of 19
this d
City of Miami, A rida municipal corporation
By:
Pedro G. Hernand
Date:
anager
ATTEST
By:
Ji Pris�iIla A. Thompson, City Clerk
f Date: /O-3/-OS
IN WITNESS WHEREOF, the undersigned has caused the Covenant to be executed
, 2008.
Wit ss( _ -Oro
Prin -d Name: tpG'� 'F{
Date: 1013 v O
Witness
Printed Name:
Date:
STATE OF FLORIDA, COUNTY OF MIAMI-DADE
TI2pfgregoing instrument was acknowledged before me this 31 day of
CJ t P / 2008, by Pedro G. Hernandez, City Manager of the City of
Miami, who is personally known to me or who produced
identification a
NOT' 'Y PUBLIC:
Notublic, State of
My Cmission Expires:
LeeAnn Brehm
Risk Management Director
Attachments:
Approve
Public
By:
Madeline 'tlaldes
Assistant Director
eal)
NOTARY PUBLIC -STATE OF FLORIDA
Ofelia E. Perez
. ; .1.Commission #DD701412
Expires: AUG. 02, 2011
BONDED THRU ATLANTIC BONDING CO., INC.
Approved as to Form and Correctness:
By:
Julie O. Bru
City Attorney
Exhibit A: Legal Description of subject property
Exhibit B: Flagstone Island Gardens Mega -Yacht Harbor
Manatee Protection Plan
Exhibit C: Recommendation Memorandum from Director of
Environmental Resources Management
epartment
as
Page 3 of 3
Book26641/Page4962 CFN#20080906202 Page 3 of 19
City of Miami
Certified Copy
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01046 Enactment Number: R-04-0702
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT RUNNING
WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY ("COVENANT"), IN
SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE FOR: (1) LIMITATIONS
ON FUELING TO LESSEES OF THE DOCKING FACILITIES AND PUBLIC
AGENCY VESSELS; (2) RESTRICTION ON THE NUMBER OF POWERBOATS
LESS THAN ONE -HUNDRED FEET IN LENGTH THAT CAN BE MOORED AT
THE FLAGSTONE ISLAND GARDENS MARINA FACILITY CONCURRENTLY; (3)
RESTRICTION ON THE NUMBER OF VESSELS MOORED AT THE FACILITY
TO FIFTY (50) CONCURRENTLY; AND (4) RESTRICTION THAT SERVICE
VESSELS CAN ONLY OPERATE WITHIN THE IMMEDIATE VICINITY OF THE
DOCKING FACILITY, WITH TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN SAID COVENANT.
WHEREAS, the City of Miami ("City") is the owner of certain real property located at approximately
1050 MacArthur Causeway, Miami, Florida; and
WHEREAS, Flagstone Island Gardens, LLC has an Agreement to Enter Into Ground Lease
("Agreement") with the City, dated January 1, 2003; and
WHEREAS, the Agreement has certain conditions that must be met for the future execution of a
long-term ground lease ("Lease") with Flagstone; and
WHEREAS, on July 11, 2003, Flagstone and the City submitted a Class I Permit application to
Miami -Dade County Department of Environmental Resources Management ("DERM") requesting
authorization to construct a mega -yacht marina; and
WHEREAS, to issue the Class I Permit, DERM requires the execution of a covenant to run with the
land placing certain limitations on the mega -yacht marina development;
WHEREAS, the covenant shall remain in full force and effect until such time as the same is
modified or released in writing by Miami -Dade County;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute a Covenant Running with the Land in
Favor of Miami -Dade County ("Covenant"), in substantially the attached form, to provide for:
(1) limitations on fueling to lessees of the docking facilities and public agency vessels; (2) restriction on
the number of powerboats less than one -hundred feet in length that can be moored at the Flagstone
City of Miami
Page I of 2 R-04-0702
Book26641/Page4963 CFN#20080906202 Page 4 of 19
1 - t
File Number: 04-01046 Enactment Number: R-04-0702
Island Gardens Marina facility concurrently; (3) restriction on the number of vessels moored at the
facility to fifty (50) concurrently; and (4) restriction that service vessels can only operate within the
immediate vicinity of the docking facility, with terms and conditions as more particularly set forth in said
Covenant.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Date: OCTOBER 28. 2004
Mover: COMMISSIONER WINTON
S conder: VICE CHAIRMAN GONZALEZ
Vot : AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND ALLEN
ABSENT: 1 - COMMISSIONER REGALADO
Action: ADOPTED WITH MODIFICATIONS
Dat : NOVEMBER 13. 2004
Action: SIGNED BY THE MAYOR
I, Priscilla A. Thompson, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do
hereby certify that this constitutes a true and correct copy of Resolution No. R-04-0702, with
attachments, passed by the City Commission on 10/28/2004.
November 03, 2008
City CIij , Deputy Clerk (for P. A. Thompson, Date Certified
City Clerk)
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami
Page 2 of 2 R-04-0702
Book26641/Page4964 CFN#20080906202 Page 5 of 19
ti
City of Miami
Master Report
Enactment Number: R-04-0702
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01046
Version: 1
File Type: Resolution Status: Passed
Reference: Controlling Body: City Commission
Introduced: 9/1/2004
Requester: Cost: Final Action: 10/28/2004
File Name: Flagstone Island Gardens Covenant
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT RUNNING WITH THE
LAND IN FAVOR OF MIAMI-DADE COUNTY ("COVENANT"), IN SUBSTANTIALLY THE
ATTACHED FORM, TO PROVIDE FOR: (1) LIMITATIONS ON FUELING TO LESSEES OF THE
DOCKING FACILITIES AND PUBLIC AGENCY VESSELS; (2) RESTRICTION ON THE NUMBER
OF POWERBOATS LESS THAN ONE -HUNDRED FEET IN LENGTH THAT CAN BE MOORED
AT THE FLAGSTONE ISLAND GARDENS MARINA FACILITY CONCURRENTLY; (3)
RESTRICTION ON THE NUMBER OF VESSELS MOORED AT THE FACILITY TO FIFTY (50)
CONCURRENTLY; AND (4) RESTRICTION THAT SERVICE VESSELS CAN ONLY OPERATE
WITHIN THE IMMEDIATE VICINITY OF THE DOCKING FACILITY, WITH TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID COVENANT.
Sponsors:
Notes:
Indexes:
Attachments: 04-01046-cover
memo.pdf,04-01046-exhibitA.pdf,04-01046-exhibitB.pdf,04-01046-exhibitC.pdf,04-01046-exhibit
agenda review form.pdf,04-01046-exhibit attachmentA.pdf,04-01046-exhibit
attachmentB.pdf,04-01046-exhibit attachmentC.pdf,04-01046-exhibit attachmentD.pdf,04-01046-exhibit
attachmentE.pdf,04-01046-exhibit attachmentG.pdf,04-01046-exhibit attachmentH.pdf,04-01046-exhibit
attachmentl.pdf,04-01046-Substitute Cover Memo.pdf,
Hist ry of Legislative File
Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result:
1 City Commission 10/28/2004 ADOPTED WITH Pass
MODIFICATIONS
1 Office of the Mayor 11/13/2004 Signed by the Mayor
1 Office of the City Clerk 11/16/2004 Signed and Attested
by City Clerk
1 Office of the City 12/9/2004 Reviewed and
Attorney Approved
Action Note: Modifications made by Law.
City of Miami
Page 1 Printed on 11/3/2008
Book26641/Page4965 CFN#20080906202 Page 6 of 19
EXHIBIT A
A. LEGAL DESCRIPTION (SUBMERGED AREA)
COMMENCE AT A POINT, MARKED *T Y A O/6' DIAMETER IRON ROD AND CAP STAMPED
F.O.0.T.. MOWN AS P.T. STA. 25+5D ON THE "OFFICIAL MAP OF LDCATBON AND
stiRVEY OF A PORTION OF SECTIDN 8706, DESIGNATED AS PART OF MATE ;toot)
A-1--A IN DADE COUNTY, FLORIDA'', PREPARED BY THE STATE RCMP DEMRTMD T DE
THE STATE OF FLORIDA.. AS R!cORDED IN 1JAP BOOK 56 AT PAGE 71 OF THE
PUBLIC RECORDS OF DADE COUNTY, i=LORIWA SAD POINT DEM THE POINT OF '
1+tiNGENCY OF TLC ORIGINAL. CEWIER LINE OF THE DO1JGGLAS MACARTHUR CAUSomY
RUNNING EAME1ILY MID' SOUTH SISTERLY'FROµ THE WESTERLY Lpl)PS (WEST
BRIDGE) Or WATSON I5L NO AS SHOWN ON SHEET 3 of THE STATE ROAD
DEPARTMENT RIGN -r0F.-WAY MAP SECTION NO. 07O6 -112) 8970Sb-2117. REETSED
MARCH 25,1939, SAID MOST NDRTI RY CURVE HAVING A JT.ADlUs OF 1432.69 FEET .
.4240 A WNT$AL A of szoO1oo: 'IHENCEE sOv7H se'S1'�" 1 DEPARTING •
RMALLY .FROM SAID GE1I1ERUNE A E OF 9967.36 FEET 70 A PROJECTED
BULKHEAD LJHEI ¶tei01;.NORTH 1T1 .f1" WEST ALONG sND BULKHEAD LINE A
DISTANCE Or 238,881W 10' THE POINT AND PLACE OF REG*lN IO 'IHDJCE SOUTH ' .
4412'5r VIM DEPARTING SAID BULKHEAD LINE A DISTANCE. OF 55O.02 FEET TO A
POINT' OF RTIERSECTION OF 174E luRtme .RAMIN uwr AS Enema) BY U.S.
ARMY CORPS OE ENGINEERS AND POOTI1ONED BY i ODROINA'll • NORTH 327.8713.02
FEET, FAST 026.135.22 FEED opt NDR H AMERICAN DATA 1t93--NAD83)
WITH THE NORTHERLY LBW AFIRE MIMAJ MAIN SHOP cHea 4 11DINCE NORTH
31'0s's& Wi8T •okoRO 111E CONKS OF SAD TURNING fl SW A DSO= OF 426.44
MET TO A POINT DF INTERSIMION WITH THE PST RIGHP+OF- VAY LINE OF THE
LNTRACWISTAz. WATERI AYI THENCE WARJH A3'27154" WEST Alpe SAIL? FAST
RIGHT-OF-WAY LINE A 01613101GE OF 674.43 FFFT 10 A POINT of W1 I%sEcnaN
WJTh 1HE SOUTHERLY RRAW-OF-WAY UNE OF SAID DOU?US MAOARTHUR
CAUSEWAY, SAID POINT OF INTERSECTION.BEING A POINT ON A CURVE CONCAVE
SOUTHERLY AND HAWNG A RADIUS or 1#.716.59 FM; A RADIAL. UNE 10 SMO
POW BEARS SOUTH O115415" •1 5L- 1104OE R(3N Ei►9TLRI.Y FOR 367,45 FEET
ALONG IKE ARC OF SAID CURVE.AND ALONG SAD SOUTHERLY 411011T-OF-WAY L3ME,
THROUGH A CENTRAL ANtOO.E.O0b204'17' TO A POINT OF TANGENCY; THENCE
SOUTH H 89'10138• EMIT CONTINUING EASTERLY ALONG 7HE SAtO SOUTHERLY •
RIME -OF -WAY TOLE A OSTEN= or32.08 FEET MORE OR RESS 10 A POINT OF
INTERSECTION MI AN 17 ts1i i Bt1Uo4E,AD LINE; THENCE SOW1I I712`21' EAST
ALONE; 'SAID SUUCHEAD UNE A y116173‘10E OF S24.7.4 FEET 70 THE POINT OF
BEGINNING.
•
CONTAINING 13.35 ACRES OF SUBMERGED LAID MORE OR LESS.
B:.LEGAL DESCRIPTION (ADDITIONAL SUBMERGED AREA E)
PORTIONS OF SUBMERGED LANDS ('IINO WESTERLY OF WATSON ISLAND, CITY OF
MIAMI, MIAMI-DADE COUNTY', FLORIDA. BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT POINT OF TANGENCY STAT10N 25+50 ON THE DENTERUNE.
OF GE NERAL• DOUGLAS Mac ARTHUR CAUSEWAY (S.R. A-1-A) STATE PROJECT
SECTION No. 0706-112) 87D60-2117 RIGHT OF WAY MAP AS RECORDED IN
PLAT BOOK 56 AT PAGE 71 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY.
FLORIDA: THENCE S6610'14"W FOR 1384.81 FEET TO THE POINT OF BEGINNING
OF TEMPORARY EASEMENT "E'; THENCE 549'32'47"W FOR 101.36 FEET TO A
' POINT ON THE EASTERLY UMTPS OF A TURNING BASIN; THENCE N 31'03'501N
; ALONG SAID EASTERLY I;IMFFS FOR 968.07 FEET TO A POINT ON THE:
CENTERUNE OF THE INTERCOASTAL WATERWAY; THENCE
NO3 27'54'W ALONG SAID CENTERLINE FOR 402.93 FEET TO A POINT ON THE
SOUTHERLY mom" OF WAY UNE OF STATE ROAD A-1-A SAID POINT' ALSO
BEING ON A CURVE THAT IS CONCAVE TO, THE NORTH HAVING A RADIUS OF
10,718.50 FEET, 'THENCE • EASTERLY ALONG THE ARC OF SAID CIJRVE THROUGH
A CENTRAL ANGLE OF 1'20'14" FOR AN ARC DISTANCE OF 250.1 D PERT TO A
POINT ON THE EAST RIGHT OF WAY L1NE OF SAID INTERCOASTAL WATERWAY;
THENCE S03'27'54"E ALONG SAID EAST RIGHT OF WAY LINE FOR 658.57 FEET
TO .A POINT ON THE EASTERLY LINE OF AN EASEMENT THAT IS RECORDED IN
OFFICIAL RECOROS BOOK 3622 AT PAGE 751 OF THE PUBLIC RECORDOF
MIAMI-DADE COUNT'', FLORIDA; THENCE. S31'03'50'E ALONG SAID EASTERLY LINE
FOR 803.20 FEET TO THE POINT .OF BEGINNING.
CONTNNING 4.83 ACRES MORE OR LESS (211 ,373 SQUARE FEET)
Book26641/Page4966 CFN#20080906202 Page 7 of 19
EkA;b;f �3
Flagstone Island Gardens Mega -Yacht Harbor
Manatee Protection Plan
Revised August 7, 2008
The Flagstone Island Gardens Mega -Yacht Harbor project ("Project") proposes to construct a 50-
slip international mega -yacht facility on Watson Island with supporting upland amenities
adjacent to the turning basin at the west end of the Port of Miami/Government Cut. This
document confirms the proposed Project's compliance with the approved Miami -Dade County
Manatee Protection Plan (MDCMPP) and details the Project specific measures being taken to
ensure the protection of manatees during marina operations.
The MDCMPP designates the area between the Project shoreline and the Port turning basin for
"Freight Terminals/Large Vessel (>100') Berthing". Additionally, the Watson Island shoreline
itself is designated as a "Special Use" Marina or Transitory Dock area. The MDCMPP states that
this designation is "for mooring vessels for special uses such as commercial fishing, charter
fishing boats, and ocean-going luxury yachts" (page 96). Both of these designations are based on
the site's nearby access to deep water and short route to the Atlantic Ocean. The proposed Project
is compliant with the "Large Vessel Berthing" and "Special Use" designations of the MDCMPP
and all uses that are proposed for vessels that are not over 100 feet in length are consistent with
the functions that currently exist onsite. This is one of the most preferable sites in Miami -Dade
County to accommodate the public demand for vessel mooring with minimal risk to the manatee
population. Additional information regarding the historic and proposed marina functions onsite
and manatee protection measures are discussed below.
Existins Marina Functions
The existing Watson Island Marina facility includes 43 wet slips authorized under a Miami -Dade
County Marine Facilities Operating Permit (MOP). These slips have been leased out by the City
of Miami (property owner) for commercial and recreational vessel uses including commercial
and charter fishing, boat rental/cruise operations, and transient recreational slips. The Watson
Island Marina facility has been used historically by vessels ranging in length from 20 to 150 feet.
The commercial vessels using the facility are estimated to average 2 trips per day and transient
recreational vessels average fewer trips per day. A public fuel dock is also located at the Watson
Island Marina.
Reviews of aerial photography and dock records indicate that the Watson Island Marina facility
has been used extensively by commercial and recreational vessels. According to dock check
records provided by the City's dockmaster, an average of 20 vessels have moored at Watson
Island Marina at any given time over the past 6 years. This data does not differentiate between
power and sailing vessels.
Follow-up discussions with the City's dockmaster for Watson Island Marina indicate that the 43
slips were fully leased to vessel owners between 1987 and 1992. Prior to 1998, records are
scarce. However, a review of aerial photography provides some data regarding mooring history.
Book26641/Page4967 CFN#20080906202 Page 8 of 19
Flagstone Island Gardens
Manatee Protection Plan Compliance
August 7, 2008
Page 2
Since 1985 when the MPP was being developed, 23 or more powerboats have been documented
at the marina in aerial photographs reviewed with Miami -Dade County Department of
Environmental Resources Management (DERM) staff.
Proposed Mega -Yacht Harbor Facility Manatee Protection Compliance
The state -approved MDCMPP provides marine facility siting recommendations based on criteria
including minimal manatee/boat travel pattern overlap, minimal benthic community disturbance
and compatibility with surrounding land uses. As noted above, the proposed Project uses are
consistent with the MDCMPP designations and historic uses onsite.
The greatest potential risk to manatees would occur as vessels travel north or south within the
Intracoastal Waterway. Mega -yachts, the primary target vessels for the proposed facility, travel
at slower speeds and must utilize Government Cut for deep water ingress/egress. Given the size
and typical travel patterns of these vessels, it is not likely that they would travel north or south in
the Intracoastal Waterway, particularly not for significant distances or at significant speeds.
Vessels less than 100 feet in length that may utilize the facility will similarly utilize Government
Cut for ocean access and function consistent with historic travel patterns.
Construction
Marina construction activities will comply with standard manatee protection guidelines and
permit conditions. Manatee habitat (seagrass beds) is proposed to be dredged to accommodate
the mega -yacht drafts; these unavoidable impacts will be mitigated through restoration of
seagrass habitat within Biscayne Bay.
Design and Operations
The proposed mega -yacht facility will accommodate vessels up to 465 feet in length. The
maximum vessel number of 50 will be limited to no more than 23 vessels less than 100 feet in
length at any time, with specific sub -categories noted below. Of the 23 vessels less than 100 feet
in length authorized at the facility, the majority will be oceangoing luxury yachts, with the
balance being facility service vessels, water taxis and launched yacht tenders.
Speed Zones: Vessel speed restrictions in the vicinity of the Project provide valuable protection
to manatees within their foraging areas and travel corridors. These speed zones are well enforced
by local, state, and federal agencies.
Large Vessel Mooring: All docks that will accommodate large vessels (100 feet or greater in
length) are now designed as pile supported structures. The marginal dock provides the required
standoff from the bulkhead at the Project site.
Small Yachts and Tenders: As market studies conducted relative to the proposed Project indicate
that it may not be economically viable to fill all proposed slips year-round with vessels greater
than 100 feet in length, the applicant has requested authorization to offer a maximum of 14 slips
Book26641/Page4968 CFN#20080906202 Page 9 of 19
Flagstone Island Gardens
Manatee Protection Plan Compliance
August 7, 2008
Page 3
(consistent with the historic use by powerboats) for powerboat vessels, including yacht tenders,
less than 100 feet in length, at any point in time. Tenders may be launched from yachts to
conduct inspections of their vessels and provide other service functions. Launching of these
tenders will be controlled by the dockmaster and strictly supervised. Due to strict security
controls, these vessels will likely be limited in their movement within or outside of the facility.
Water Taxis: Two slips are proposed for water taxis to convey upland hotel and harbor guests to
local waterfront destinations. A public fuel dock is not proposed at the Project site; fuel services
will only be provided to vessels leasing a slip at the facility (and public agency vessels, such as
the Florida Marine Patrol). Additionally, the applicant has agreed to limit fuel services in this
manner to compensate for the proposed transient water taxi use to ensure no net increase in
potential impacts to manatees.
Fishing Vessels: Four slips are proposed for use by commercial fishing vessels at the facility. It
is anticipated that the travel patterns and functions of these fishing vessels will be similar to the
existing/historic commercial and charter fishing vessel use of the site.
Service Vessels: Three service vessels and one non -motorized small barge are proposed to assist
with facility operations and will be controlled by the harbor master. The service vessels will be
approximately 30 feet in length and will not leave the harbor and fishing/water taxi pier area.
Services by these vessels will include deploying fuel containment booms, security services and
providing tug -type assistance to incoming and outgoing mega -yachts. At no time will the total
number of vessels in the harbor exceed 50 (including all proposed vessels in the preferred
design) and at no time will the total number of vessels less than 100 feet in length exceed 23 in
harbor waters.
Conclusions
New mega -yacht slips associated with the proposed Project are compliant with the "Large Vessel
Berthing" and "Special Use" designations of the MDCMPP. Slips for vessels less than 100 feet
in length (23 total: 14 for non -fishing vessels and yacht tenders, 2 for water taxis, 4 for fishing
vessels, and 3 for service vessels) will not result in an increased risk to manatees, as they are
consistent with the existing and historic uses described above.
F:\Pmject 20172S1Pensitti ePemut Attechtoeeesl(08-011-07) Revised Manatee Protection Pt adoc
Book26641/Page4969 CFN#20080906202 Page 10 of 19
G
hi
Memorandum COIlAMUN1TY
Date: September 12, 2006
To: Honorable Chairman Joe A. Martinez and Members,
Board of County C• missioners
From: George M. Burge
County Manage
Subject: Class I Permit Application by Flagstone Island Gardens, LLC and the City of Miami to
Dredge 15.81 Acres of Submerged Bay Bottom for the Creation of a 50-Slip Mega Yacht
Marina, Request for a Variance from Section 24-48.24 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
Agenda Item No.5(EE)
Attached, please find for your consideration an application by Flagstone Island Gardens,
LLC and the City of Miami for a Class I Permit, a Request for Variance from Section 24-
48.24 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 seeking the Board's approval of the aforesaid application,
variance request, and acceptance of the restrictive covenant.
Assi ant County Manager
1
Book26641 /Page4970 CFN#20080906202 Page 11 of 19
Date:
To: George M.
Coun
From:
Subject:
August 31, 2006
r or
esources Management
Class I Permit Application by Flagstone Island Gardens, LLC and the City of Miami to
Dredge 15.81 Acres of Submerged Bay Bottom for the Creation of a 50-Slip Mega
Yacht Marina, Request for a Variance from Section 24-48.24 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
AM
Memorandum MIcouvn
RECOMMENDATION
I have reviewed the application for a Class 1 Permit, the Request for Variance from Section 24-48.24
of the Code of Miami -Dade County, and the Restrictive Covenant Running with the Land proffered
by Flagstone Island Gardens, LLC and the City of Miami. Based upon the applicable evaluation
factors set forth in Section 24-48.3 and 24-48.25 of the Code of Miami -Dade County, I recommend
that the Board approve this application, grant the variance request, and accept the Restrictive
Covenant for the reasons set forth below.
BACKGROUND
The proposed project was previously approved by the Board on November 30, 2004, via Resolution
No. R-1343-04. Pursuant to Section 24-48.19 of the Code of Miami -Dade County, Class I permit
approvals by the Board shall only be valid for a period of 18 months from the date of approval unless
another time period is stated in the approving Resolution. The applicants have stated that due to
the complexity of design and the time required to obtain the United States Army Corps of Engineers
permit for the proposed project, the final construction plans have not yet been completed.
Therefore, the Class I permit could not be obtained within the originally allowed 18-month period,
which expired on May 30, 2006. Pursuant to the requirements in Section 24-48.19 of the Code, the
applicants have filed a new Class I permit application for the construction of the same project as
previously approved. In addition, the applicants have requested that Board approval for this
application be valid for 24 months rather than the typical 18 months.
The project area is located on Watson Island in the City of Miami. The project site was previously a
municipal marina owned and operated by the City of Miami. The proposed project involves the
construction of a 50-slip mega yacht marina with two main access piers. The two main access piers
will make an inward tum at 470 linear feet from the seawall forming the marina basin. A portion of
the proposed piers will be bi-level to provide a separate public access area to view Biscayne Bay. In
addition, stairs are proposed to provide non-public access to the lower service level of the dock.
The proposed project also includes the dredging of 15.81 acres of submerged Bay bottom to depths
of minus eighteen (-18) feet and minus twenty-five (-25) feet with one foot of allowable over -dredge.
The applicants have stated that dredging to these depths is necessary to accommodate the deeper
drafts of mega yachts [vessels greater than 100 feet in length] that could not be moored at the
previously existing marina. As proposed, the completed marina will be able to accommodate mega
yachts with a maximum length not to exceed 465 feet.
Book26641/Page4971 CFN#20080906202 Page 12 of 19
Georg M. Burg ss
County Manager
Page 2
Section 24-48.3 of the Code of Miami -Dade County requires that the Department of Environmental
Resources Management (DERM) base its recommendation for approval, denial, or approval subject
to conditions, limitations or restrictions, for Class 1 Permits on the applicable 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 proposed
as suitable for construction or expansion of large vessel docking facilities.
As the applicants have stated that the purpose of this project is to create a mega yacht marina, the
applicants have agreed to limit the total number of non -mega yacht power vessels (less than 100
feet in length) mooring at this facility. In order to maintain consistency with the MDCMPP, and
considering the existing historic use of the site, the Class I permit shall require that the maximum
number of powerboats that are less than 100 feet in length, as measured at the water line, that will
be moored at the proposed docking facilities located at the marina, shall not exceed a total of 23
powerboats at any one time. Of the maximum allowable powerboats, not more than two shall be
water taxis to be used by the guests of the marina, not more than four shall be commercial fishing or
diving charter boats, and not more than three shall be marina service vessels. In order to ensure
compliance with this condition, the City of Miami has proffered the attached Restrictive Covenant
Running with the Land as part of the Class I Permit requirements.
In addition, this project was evaluated to identify any potential conflicts with the proposed future
construction of the Port of Miami Tunnel. Staff discussed details of this project with consultants and
representatives from the Florida Department of Transportation (FDOT) and the Miami -Dade County
Seaport Department. No conflicts were identified. However, if approved, the Class l Permit for this
project will require that the applicant coordinate construction activities with FDOT regarding work on
the Port of Miami Tunnel.
As part of this project, the applicants propose to dredge 15,81 acres of submerged Bay bottom to
achieve the targeted water depths. The proposed dredging will impact various marine resources
within the project footprint, including seagrass habitat, hard bottom/sponge communities, macro
algal communities, and several acres of benthic infaunal habitat. In order to mitigate for impacts to
seagrass areas and to the hard bottom/sponge habitat, the applicants propose to create additional
replacement habitat. Restoration of the lost seagrass habitat will be accomplished by filling a
previously dredged area of Biscayne Bay near the Julia Tuttle Causeway to a shallower depth and
then capping it with clean sand to support seagrass growth. Replacement of the lost hard
bottom/sponge habitat will be accomplished by filling a previously dredged deep depression in the
same area and capping it with a coarse material suitable for the growth of a hard bottom/sponge
community. To offset the other project -related impacts the applicants propose to place 2,439 cubic
yards of limestone riprap boulders under the proposed dock structures and to place 25,670 cubic
yards of limestone riprap boulders at a DERM-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 a variance from Section 24-48.24 of the Code of Miami -Dade County,
which prohibits non -water dependent, fixed structures over tidal waters of the County. The
applicants propose to construct planters, roof structures, storage closets, security fences, vessel
fueling service lines, and two pylons with statues, all of which are proposed for placement on the
piers over tidal waters. Specifically, the applicants propose to construct planters along each edge of
the second level piers. Said planters will border the two piers for approximately 470 linear feet,
resulting in approximately 940 linear feet of planters on each of the piers. In addition, the applicants
propose to install two covered structures at the end of the second level on each of the main piers.
The applicants have indicated that due to the overall length of the pier structures, the covered
structures are necessary to provide refuge from the elements at the far end of the pier. On the
terminus of the main piers (i.e. harbor entrance) the applicants propose to install poles that will be
3
Book26641/Page4972 CFN#20080906202 Page 13 of 19
George M. Burgess
County Manager
Page 3
approximately 70 feet in height with 10-foot high statues on the top. Lastly, the applicants propose
to install fuel lines running along the piers to provide in -slip fuel services to vessels moored at the
docking facility.
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 dependent fixed structures for which the
applicants are seeking a variance. Please find attached two Project Reports from the DERM
Coastal Resources Section, which sets forth in more detail the reasons why the request for a
variance and project are recommended for approval by DERM pursuant to the applicable evaluation
factors set forth in Section 24-48.3 and in Section 24-48.25 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: Class I Permit Applications
Attachment B: Affidavit of Ownership
Attachment C: Applicants/Agents Letter, Engineer Certification Letter and Project Sketches
Attachment D: Names and Addresses of Owners of All Riparian or Wetland Property
Within Three Hundred (300) Feet of the Proposed Work
Attachment E: Seagrass Mitigation Plan
Attachment F: Benthic Mitigation Plan
Attachment G: Harbor Operations Plan
Attachment H: Manatee Protection Plan
Attachment l: Restrictive Covenant Running with the Land
Attachment J: Zoning Memorandum
Attachment K: Project Report for Proposed Work — Class I Permit
Attachment L: Project Report for Variance Request — Fixed Non -Water Dependent Structures
Book26641/Page4973 CFN#20080906202 Page 14 of 19
NOTICE OF PUBLIC HEARING RELATING TO AN
APPLICATION BY FLAGSTONE ISLAND GARDENS, LLC
AND THE CITY OF MIAMI FOR A CLASS I PERMIT TO
DREDGE 15.81 ACRES OF SUBMERGED BAY BOTTOM
FOR THE CREATION OF A 50-SLIP MEGA YACHT
MARINA LOCATED ON WATSON ISLAND IN THE CITY
OF MIAMI, A REQUEST FOR A VARIANCE FROM
SECTION 24-48.24 OF THE CODE OF MIAMI-DADE
COUNTY, FLORIDA, TO ALLOW 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
BOARD OF COUNTY COMMISSIONERS
MIAMI-DADE COUNTY, FLORIDA
NOTICE IS HEREBY GIVEN pursuant to Article IV, Division 1 of Chapter 24 of
the Code of Miami -Dade County that the Board of County Commissioners of
Miami -Dade County will hold. and conduct a Public Hearing on a request by
Flagstone Island Gardens, LLC and the City of Miami for a Class I Permit to dredge
15.81 acres of submerged bay bottom for the creation of a 50-slip mega yacht
marina, a request for a variance from Section 24-48.24 of the Code of Miami -Dade
County, Florida to allow 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 12th day of
September, 2006, 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
Book26641/Page4974 CFN#20080906202 Page 15 of 19
Environmental Resource Management, 4th Floor,' 33 S.W. 2nd Avenue, Miami,
Florida, 33'130.
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-DADE COUNTY, FLORIDA
HARVEY RUVIN, CLERK
BY:
Kay Sullivan, Deputy Clerk
Book26641/Page4975 CFN#20080906202 Page 16 of 19
MEMORANDUM
(Revised)
TO: Honorable Chairman Joe A. Martinez DATE: September 12, 2006
and Members, Board of County Commissioners
FROM:
County Attorney
SUBJECT: Agenda Item No. 5 (I )
Please note any items checked.
"4-Day Rule" ("3-Day Rule" for committees) applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Bid waiver requiring County Manager's written recommendation
Ordinance creating a new board requires detailed County Manager's
report for public hearing
Housekeeping item (no policy decision required)
No committee review
Book26641/Page4976 CFN#20080906202 Page 17 of 19
Approved
Veto
Override
Mayor
Agenda Item No. 5(1)
09-12-06
RESOLUTION NO.
RESOLUTION RELATING TO AN APPLICATION BY
FLAGSTONE ISLAND GARDENS, LLC AND THE CITY
OF MIAMI FOR A CLASS I PERMIT TO DREDGE 15.81
ACRES OF SUBMERGED BAY BOTTOM FOR THE
CREATION OF A 50-SLIP MEGA YACHT MARINA
LOCATED ON WATSON ISLAND IN THE CITY OF
MIAMI, A REQUEST FOR A VARIANCE FROM SECTION
24-48.24 OF THE CODE OF MIAMI-DADE COUNTY,
FLORIDA, TO ALLOW 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 having
considered all the applicable factors contained within Section 24-48.3 and Section 24-48.25 of
the Code of Miami -Dade County, hereby approves the application by Flagstone Island Gardens,
LLC and the City of Miami for a Class I Permit to dredge 15.81 acres of submerged bay bottom
for the creation of a 50-slip mega yacht marina, a request for a variance from Section 24-48.24 of
the Code of Miami -Dade County, Florida, to allow 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
e-
Book26641 /Page4977 CFN#20080906202 Page 18 of 19
BOOK 26641 PAGE 497E
LAST PAGE
Agenda Item No. 5 (I)
Page No. 2
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 applicants from obtaining all applicable Federal, State, and local permits. The
approval of the Class I permit herein granted shall be valid for 24 months from the date of this
approval.
The foregoing resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Joe A. Martinez, Chairman
Dennis C. Moss, Vice -Chairman
Bruno A. Barreiro Jose "Pepe" Diaz
Audrey M. Edmonson Carlos A. Gimenez
Sally A. Heyman Barbara J. Jordan
Dorrin D. Rolle Natacha Seijas
Katy Sorenson Rebeca Sosa
Sen. Javier D. Souto
The Chairperson thereupon declared the resolution duly passed and adopted this 12th day
of September, 2006. 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 a
to form and legal sufficiency. (�
Peter S. Tell
Book26641/Page4978 CFN#20080906202 Page 19 of 19