HomeMy WebLinkAboutM-76-0953SIERRA CLUB %OilGroup
P. a BOX 01 1778 Florida 33101
OCtober 26, 1976
Mayor Maurice Vette
City of Miami
Plorida
REt Application for permission to fill submerged
lands by Miami-Caribe Investment Corporation
ar Sir:
On behalf of the Miami Group of the Sierra Club, we
Urge you and the City Commissioners to deny the application
before you from the Miami-Caribe Investment Corporation in
their demand to fill certain submerged lands along Biscayne
tay.
These submerged lands contain grass beds and marine
nurseries which are the breeding grounds for the aquatic life
which forms the basis of all marine life in Biscayne Bay. To
allow the area to be filled would mean the destruction of
these breeding grounds.
To allow the area to be filled would be in direct op-
position to the Florida Statutes which were established to
protect the Bay, namely, the Florida Reorganization Act of
1975 and the Biscayne Bay Aquatic Preserve Act.
To allow the area to be filled would mean the degreda-
tion of Biscayne Bay by the resulting silt and pollution.
The community's best interests would be served by
maintaining the Bav at its peak of ecological existence. The
community's best interests would be served by denying the
application now before you.
:Miami City Commission
Very truly yours,
Steve Davis
.44 -
2177i4/ 76- fr3
SIERRA CLUB
P. O. BOX 0i 1716 + Miami, Florida 33101
ootbber 26 ► 1976
Mayor Maurice ):erne
City of Miami
Miami] Florida
t1;: Application for permission to fill submerged
lands by Miami-Caribe Investment Corporation
ear Sir:
On behalf of the Miami Group of the Sierra Club, we
urge you and the City Commissioners to deny the application
before you from the Miami-Caribe Investment Corporation in
their demand to fill certain submerged lands along Biscayne
bay.
These submerged lands contain grass beds and marine
nurseries which are the breeding grounds for the aquatic life
which forms the basis of all marine life in Biscayne Bay. To
allow the area to be filled would mean the destruction of
these breeding grounds.
To allow the area to be filled would be in direct op-
position to the Florida Statutes which were established to
protect the Bay, namely, the Florida Reorganization Act of
1975 and the Biscayne Bay Aquatic Preserve Act.
To allow the area to be filled would mean the degreda-
tion of Biscayne Ray by the resulting silt and pollution.
The community's best interests would be served by
maintaining the Bay at its peak of ecological existence. The
community's best interests would be served by denying the
application now before you.
Miami City Commission
Very truly yours,
+
'Steve Davi
Save Biscayne Bay, Inc.
(.4 Not- ot-Profit Cnrhnrniiofl Dedicated to Our liar)
CtatObei
tale Mettibers of the CotUttissioht
169 lass -piglet SI, Suite it d
'lotid t 1. i
telephone ;t 4 418
This letter is in opposition to the request to fill
Subtlergeci land lying in Biscayne Bay between the current
property line and the "bulk head line" using upland fill at
1617-1643 Brickell Avenue, Lots to the southwest 46-50, Block
B in Flagler, Mary Brickell zone as requested by itiarli Carib.
In addition to the fact that the request apparently
seeks to fill the site upon which Old Fort Brickell was located,
it should be pointed out that the existing shore is the edge
of the Ooli to Cliff and, hence, the same is the mean high
waterline.
It would appear that the request would be contrary to
express prohibitions contained in the Biscayne Bay Aquatic
Preserve Law of the State of Florida.
It is respectfully petitioned that the request be denied
and rejected as being in violation of that law and one which,
if granted, would uo violence to the concept of preserving
Biscayne Bay in an essentially natural condition -- as mandated
by the Florida Legislature.
Respectfully submitted,
ohn Cyril Malloy,
Chairman, Save Biscayne
•
FRIENDS Or Mt EVERGLADES
144 t ttWARt AvENUt
c000Nut GROVE FLORIDA 33131
kiiiii kry St6iiMiln Douala Florence F, W. Coey
OW/den t Vice •Presiden t
;' COUNtY CHAIRMEN
O. A. Ellis. Mantel; Marguerite Zoroleon, Steward,
Flelna► Hope{{ feting, Palm Beach; Debar lb Prowaty, Sr. Lucre;
John L. M'Quigg, Martin; Fredc Anderson, Okeechobee;
Carla Palmer, Orange; Roy Retire, Lea; Frcnld,n B. Adams, Collrat
To: The City of Miami Commits ion
Edward P, Goodilow Mit gel Maine
Tressujet gel
Attached herewith, the stLtement of Friends Of the
Everglades in opposition tr, the appliortion of
Miami Carit,e Tnvestment Co to fill submerged lands
lying between the current property lines and the
bulkhead 11-le of 1627, 1643 Rrickell and lots to
the Southwf st (. lts 46-50 91k i3 Flagler Crary
pricklee (!,-44) .
Marilyn Reed
Dade County Chrmn
lo/27/76
r t 1 r,...4
t ��
ei l eDt , ' `NtrilYh teed' 1183 Maabonald, Coconut 0 ve as Dade County
Chairman fibs' ?#+lend= Of the Everglades. Speaking in opposition to the
applicatiol ofjlami Caribe Investments to dredge/fill submerged land, Flailiala
'Mary Bri ckbll •1627, 1643 Briokell Ave.
For the information of the Commission, Friends of the Everglades is a
statewide organization. Our president and founder is Marjory Stoneman
Douglas.. Our goal as stated in our charter is th e preservation of the
following:;the Everglades Regton, diataewater quality and quantity, wildlife
aed eetaurhne areas that supply the natural and marine life to the
surrounding salb waters. We cover the coastal limits of Florida.
Biscayne Bay and its unique coastline is the priceless heritage NOT of a
few but of ALL the people. Its degradation and despoilation has been a
focal point In recent years by highly publicized clean-up campaigns and
many expert tudiea which have become the guidelines for new legislation to
protect our most valuable resource.
It is a matter of record that 2/3 of the shoreline of the Bay has been
drastically changed to the detriment of the Fay by the removal of mangroves
Wand other vitally important shoreline vegetation - primarily by dredging
filling and:tulkheading. Dredge and fill dettroys a shoreline and bay bottmM
oc;e of essential marine product'vity. This rr:•urine productivity depends on -fta.
viability of two major vegetation communities - mangroves and benthic
marine grasses.
We are not dealing with mangroves in this application since the shoreline
is of historic and geologically significant oolite and has teen separately
as ;essed by tie Historical As: ociation. We are, however, dealing with the
marine grasses on the submerged land which applicant would fill with upland
fill to the old and now -non-existent bulkhead line. In 1975 when Cov. Askew
t,ianed into law Chapter 75-22 a/i;/a Florida Eevironmental Reorganizatio n
I;ct, Section 26 of this Act rope, led Section '53.122 under which bulkhead
lines were established. Section 7 (3) of Chapter 75-22 established the
t i lkhead line at the line of mean high water ter ordinary sigh water line.
1 is section also provides that there be no filling waterward of the MHO.
line or ordinary high water line except upon compliance v'tth Chap. 253 FS
which ret ;sires a tiologigal, ecological and h drographic .study and prohibits
de: eructs Li. of grass flats sus tat le as nurser' or feeding grounds for
,rrarine life when contrary to lublic interest.
91e submerged land of the applicEnt has teen fully documented in numerous
€tndies already. These report: slow .medium to dense vegetation of marine
F rasses in this area. The most it 1phrtant; biota: c community within the Bay
i.; that of ahese grapses classified as Thalssa, manatee and Diplanthera
lel the assoc:atdd algae. Thete grasses play cost important rol es to man
t,nd to the ha,' itself. Their root systems play an important tole in re.
cycling nutrients as well as aiding in water clarity - an important factor
in naintaininl tl.e Pollution Control requirement of Class III for Bay
waters in ao coraance with Ch. 17-3 Fla. Admin. Code. These systems
eccun ulate an i stabilize sediment. The grasser', and algae are the Bay's
primrry contribution of nutrient and habitant to small food chain animals
and e::rly stages of ooanmercially important species.
The value to 'an is realized le water clarity and an abundance of law
oraer species which attract a rge;' population: of edibl e and game fish.
Dredg i► - and filling activities in the Flay Nye destroyer: tremedous
conmunitit s of the marine grasses which serve is marine n►4rserles, thus
s•riously depletint our marine resources.
We ut►e that the Commission deny the application to fill these
submerged lands which would then destroy yet another vital area
o ' import at marine production both for commercial and tours:, use,
Moreover, we take exception to the applicant's attorney'e, statements
before the Zoning Board in which he gave as the reason for wanting
to fill this land, the need tO eliminate a trash collecting area
at the shoreline. Under the C'ty's own ordinance*, the owner of waterfront
property is responsible for cleaninr up accumulated de:)ris. It is
therefore. not necessary to de.stroy an important prod)i tive benthic
community ender the guise of ret::tinp rid of trash in the Bay
when the r,ial reason for wanting to fill is to gain more land on which
to develop in an already zoned ht-rise area.
Marilyn Reed
Dade Co C'.rm Friends of
th e Fvero;lades
74
mow
ME
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MEN►
9/2 8/! 6
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION GRANTING
PERMISSION TO FILL SUBMERGED LAND LYING BETWEEN
THE CURRENT PROPERTY LINES AND THE BULKHEAD LINE
OF LOTS 46 THROUGH 50, BLOCK "B", FLAGLER MARY
BRICKELL (5-44), BEING 1627, 1643 BRICKELL AVENUE
AND LOTS TO THE SOUTHWEST, USING UPLAND FILL;
SUBJECT TO PLANNING DEPARTMENT APPROVAL OF SITE
DEVELOPMENT PLAN; ZONED R-5A (HIGH DENSITY MULTIPLE)*
AND SUBJECT TO APPROVAL (AS REQUIRED BY LAW) OF
ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY.
WHEREAS, the Miami Zoning Board, at its meeting of
September 13, 1976, Item No. 5, following an advertised hearing,
adopted Resolution No. ZB 141-76 by a 6 to 0 vote (1 member
abstained), recommending request for permission to fill submerged
land as hereinafter set forth; and
WHEREAS, the Commission after
"DOCUMENT INDEX
c� McNO.eration an I
careful consideration of the application deems it in the public
interest to permit the filling of submerged land as described below;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The request for permission to fill submerged
land lying between the current property lines and the bulkhead
line of Lots 46 through 50, Block "B", FLAGLER MARY BRICKELL
(5-44), being 1627, 1643 Briclell Avenue and lots to the Southwest,
using upland fill, subject to Planning Department approval of site
development plan, zoned R-5A (High Density Multiple), and
subject to approval (as required by law) of any Federal, State
or Local Governmental Agency, be and the same is hereby granted.
PASSED AND ADOPTED this day of , 1976.
ATTEST:
•
CITY CLERK4.054204/
PREPARED AND APPROVED BY 0417'
MICHEL E. ANDERSON, Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
Nc ^ - -
K H. WESTON, Acting City Attorney
MAYOR
P ri.1. start to `ill sul t.t.e.' g 1' �t1c).. �r :� '� a i.t
tine uttd the Zi7ullthea}d tine:-o Lot.'`a 46 the u h 5 i, '$toci "IV r .Kd
.3..4 . lip i'n l'%2"i' 'L'ts.s 3..IA. 1,1 ei,kett A wkentle anti lOt I
the soota,.vest.
tX P LAi A'l IO ti
To fill using upland fill. The property. is .zoned R.5A (High Bert$ ty Multiple).
Pt:ANrnNC DEPARTLMENT RECOMMENDATION
Approval, subject to site redevelopment plans preserving as ri`uch Of the
environmental features as possible.
ZONING BOARD RECOJ.t.lE DATIGiv
Approved in accord ‘.vith Planning Department recommendation. b
t 19ru (Itesolutio'1 ZB 1• 1.-t6)Y
vo e or. Sep.er.•ibcr. 1 ,
- "-'. - :i(1�` z;i 'e '','�'t; ✓,eke'. !:Wr`:i<':}i?;V{�!i'�
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- ° p..rT'. ;'%'gatt�t,,. fig?' �,j,'st'��5.-,;,r'�d,'�, ztmtziN,'•=.� zs:. „ c'.. �'ry,�-�°j.. :�1�- � �: �x�.: eta;';;;,,,.
Written
'•,:
�'s�' ^d5�o-��, :� 1 rt',,'�,i;P'Y`i'(F�. ��a,,,.:�, � a� �•. �x�,g �,:,.�".�y 3. �aa6. '-�a�'"``';:,
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R O N ..J y • i S
ii4:.c'ay �'`p'i"4�"y M1, �' t 7�5 "'�.% �'/'�. a '•i' C�?.,i'=',sili :,
Oral
" - Y�i��j'd''�R�ri,r!vi'i,},� ,,,,,.>.YI'li„1 _ _.i_ ,+�'xy fi' '.M�{:•r-,`,,.:f.
- _ _ :''rsm4'n'`*a� ,���? �, �,, a .. '`;Y •. �,' tea; "_.;,�, �'-4,
.4 i•�'azi,
,i�ii:=.:{z' ;';fit t�;Y�'��5.''iz"''�0'g���''S`��: r.�y'�`' �`4'+ •'!' .�' `.rr`;{,u,>r�;!t �i.;:'
Written
SITE D
ESCRIPTI6N;
See itka. Cll'•d graph.
Scc.e In F ea-
\:, \
`\ \
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,`._
• : -__ •-,, •
\\ \ •�`r `
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etib
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iF'Fi EJkibiA
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CC i'' 1�if_ arY�
W: i i,-x 14.1.4.'it�
„r•
P�t pttKt•� t�ri
LAIfi G u Li)i��i1{] ECARbS
`t' ;tfzlt\fig 80:Af.t)
'a
I
Cam.
b 3
r
L dies and Cen`ie:,lent
.This' Board would feel remiss in its duties if it did
trot inform the a'Sencies involved and the public of
oert_,in it;:rcr^:?ti.on re-.ard1rz the waterfront property
located in the 1600 block of ^Bri ckell Avenue, i•:ia ti,
c?'rcl c:`rred by Liam Carit'e Investrlents and the Ferre
Tht''. bluf:':. C'`' nnl itic 1 `. ".'?.,terse that .form the villtert.`
of t'il:. 1-)r'1..,r• 't i•7-)re-:4ent th 1?:it vi ibln t1ece
"tA ..•�. iy 7.� > ;�a ~.l i. +' a+t rc':c-dev. lan'177.ark, ..
n rly nas, the b11.1_f; ,;-,.s {!r4•4n in 1771
ri;t.'i1ard s'i ny''';1 it i ..: r it was p t t a_° ... 'itish
�f}gas 1. it :. :=f ....t 11;i .any ..Bisw! yne 11..i1f oft .�.S.
r'an:Yarts i 2. i rn7p of. Florida and it is shown on virtually
every '.ap dra'tyr r lativn to th'.' S c':'nd and Third Seminole
.. 1. ,n 5 v ►
s e 7
T�?e bluffs , ,r_. part o° the Poll, Lewis. r1.s Land Grant of 1824,
`n?. of r r { n i of 1..:1-4 (-And In tl:i:, �
at^s i v1 t;•^ n :� t o t• h .t h it n a ..t .'tor the
. .�t.l..., i. .. .,-t.0 ._�.= b_c.,+ a t'=:c..,.�.,, c.�
Lhiitel States.
This ar;'-a was also -t n site of Fort 1rickell, an earthen -
fort y,.aila In :`3 u.rir, the Soanis'American ;Jar.
ar.
site wasselected ti � sehighest
r'.,c..z-� it was the and most'
" i.'te alon7 th`?
l"'aii bones w,= r,^, f t1n 1.1 Y.rn `w.:'n nT+i „ . 7? rl hou^+ ? :'!?r.� Pon?
' achI.y 13, :!'..1:l;.`.1~For.
fn:1:1'` r"-- site rl�'rr yi:e;d
-ll n1, 'a ✓3ir:+.�r.3'i .�:
oT ca 11 o-y.'ratton. Th2 s.ioft- of
a'.8'? .y..i old 3i.=y:';.'! fic nt in o',""',atio:'2.
F344'�WIJ E ORIve..
i, K'►_�fitiv4 AMJ
5d •435aa
�
Iis 3Oarct Ould Ut?? ctansideratidn or the Unique
c•c�o¢ical character of this site, its historical
i ni "icance anri its archaeolo3iCal potential in
:r11kin any decision as to its future.
Sincerely,
Vel,#7z.4›,
• I.
� ` :'acc
Frances S Iint�►Sre
i-..r„r..a : „4r� _ _''�`.i,;'" � '� ,..� g a4,�� �•�,.".:1,'„�`.t<•ry,t°*!ir
Chairman
HonOtable City (d;mi issiOA
Attentionaosep i 11► 6ra.4
City of Miar i, r1orid=1
Centlettten
The Miami Zoning Board, at its meeting of September 13, 1976, Item 4t5,
following an advertised Hearing, adopted Resolution No. 163 141-76 by
a 6 to 0 vote (1 member abstained), Recommending requestfor permission
to fill submerged land lying between the current property lines and
the bulkhead line of Lots 46 thru 50, Block ' B", t LAGT,ER VARY m UCKELL
1.3 DricRoll LsVcnua F: Lots to the Southwest,
using up1an', i11; su'ij ct to Planning Departm.,.nt ztpJroval of site
deve1oprGnt plan; zoned R-5A (High Density Multiple) .
2
SU 3MERCSD LAID RECOME D
1627, 1643 Brickell Avenue SA
sots to the Southwest
Lots 46 thru 50, Block "P," ,
'LAGLDR M RY D IC?:2LL (5-44)
Applicant: Miami Gar. ibe ti'iVestments
Three objectors to this item were present at the meeting.
objections were received in the Mail.
A i:%SOLUTTON to provic?e for the above has b,?.en prepared by the
City Attor ney' s office and submitted for consideration of the
City Co mission.
cm
T,t l-.z dhe,i1i.r.�ate
ce; Law T)eplrt:fE`nt
Planning Dop;7trtr^ent
in ' Pla`�aaix ?g ,'!•.Tnr tm..?n r eco ;` endat -On, AP?R0V.''.t,I3�, SUCT. TO :SIT£
PIZ'W;'LOP:17,NT PLANS S PRESIMVIt:G As MUC;i OP ` RE7 PiNVI RC'1K ::'.`IT,AI'.,
Sincerely,
.7
RobtS:� '�A. Davis, Director
Department of Administration
Planning and Zoning Boards
No
PL TUr ES 1:S PO :3 r1ILE" ,
►
Lti,nt-hive City (. o.-7.;1.L`Ss:'l.on date:
'October . 27, -.197
MEG
1t21) 443PT?,,Tr.1C-444,..41; /41? LOT:i TOT4E POCITYWIST.
Lift§ 46 thru 50, Bib& 13H,
?LAGLER MARY BRICKELL (5-44)
Request for permiseior e) fill submerged lend lying between
the current 7roperty lines and the bulkhead line of aboVe
lote, using upland fill;
Zoned R-5A (High Densiee Multiple).
eeretary filed proof of pUblicet.e)n of .cal 'otice of Hearing and
eAdMinietered oath to all persons testifying a't this hearing.
NO OBJECTORS TO THIS IT:21 WE
PLANNINn DEPART:A= M%....).t..;..a.. ..4i D1MYAL - - -'"
According to State o 1.-:ida, ,o-)artMent of Natural
Resources Renort, zhe prGnu,e6 filinq of the property
is expected to have an adverse effect on the immediate
aquatic area.
Mr. Dean: Alright, Mr. Whipnle?
Mr. Whipple: Mr. Chairnan, th,1 Tepartment has recommended
ee
denial on this item. As indicated in our recommendation, the Deoart-
-ment of Natural Resources has prepared e report and has indicated that
the filling would he damaging to the ecolocri and natural resource of
this bay bottom area and we concur based upon their renort and we
recommend denial.
Mr. Dean: Alright.
Mr. Greene: 'ir. Chairmen, larlicci and gentlemen of the Board,
my name is harold A. Greene. I'm the attorney for the applicants here,
Miami-Caribe, Mercedes Ferre and !Lary Anne Ferre Coe.
Let me just say that while I understand Mr. fhipple's o'Jjection
or the objections that were isseec: by ehe Separtment, it really is not
an objection 1:hlt it ie one ehat the City should make. lc there are
any ecoloIce, ce problems in connection with
this fill, eeer tees eefeets.e_. eld be lodged and will be heard
before the i-,tat:2. Agency and the II Board who
have the 2_n_, en this matter. As a matter or
fact, we ee have .e .eeelec before them and one of the
reasone teet se. ee.ecre seee w,..s because of that pending application.
Our pre-::. .aL; t!-..:Ls es a piece of property, hay hottom,
which i cecby t licant. :t's not like the eortions directly
to the %C.1:::11 '5 Z:.:1* 44, 43 and 42, where the hay bottom
is v.ine: t- in this instance was purchased
by the 19€-:3 t'fle bay bottom. The other thing
thaele vzry -_rtrztan:- at the very bottom, and I think
you all .),.a . Mat line running across in the
v4istine by Dade County some yeare ago.
It Is nee ee lIns the established bulknearl line.
What the etee ees ncdv: sl.at since this ha l become tilt, 3iscavne Bay
Aquatic ?rese:.-vu, eent any further fillings, bulkheading use
of thr.s are. fact, ...n.ft1:: Stat€ ! law, you're not even allowed to
: it • -1 .7.Jte Park. Yet I haven't seen them
eteppine .4ro . -ty you can't fill in this area
OWA :heueh this is within the
some damage to the neology
Of the go;,:-Lg tc a:,1; -!ancusi, Mr. Vince Mancusi, who's
with Miami-Caribe to show, es quickly as we can because we realize the
hour is late, in a series of photographs exactly what this property has
looked like over the years. I would point out that the Ferre's have
owned this property for over twenty years.
Item 6
213
(Mr. C,reetle narratet the gorics c rttph which
a u i is shewirig tO the Marti).
Mr. Green: To orient you nl'., t':'1iS it CTA 'Powers. that
iirlirg wag the first one with ' 1ir ilalkhead out here. That wag Approved
tnd built in l ,0. This is the i71:I;thl.a Line, all the way across,
Stablished by Dade County ways, b :c% then. 2:3e are the five lots in
' talkinc aL,oa _ now. ;.�.w I_'c's cake a look at the
question that we're � �' ��
fteXt year that we have a p;,oto'.raph .' u are all aerials so
ysu can see it very clearly, :•nat's happened. This is 1972. This
area is the Brickell Place area. You may recall that there is a
fairly large building there today, hut th., is what it looked like when
they first filled in the lane. in '72. Again, in 1970, that wasn't there.
All of this. 1972, there it is. All filled to this point. Again, the
established Dade County bulkhead line.
Now we go to 19 73 . 2io: ii-.11o but the building down
here and io and behold, the bulkhead ;.ine is established again on this
Side of the Dade County bulkhead line.
We're now in 1975. You eel see exeictly what's on this
property and these are the four lots ir.question. The bulkhead line
was all the way out to here. Let me 'ono', ter that master aerial....
ffere's the overall aerial. This ; is u2s::'ie down from where we were
looking before, but here's the property we're talking about. The
bulkhead line of the entire City of 'Jliami waterfront starting at
Mr. Claughton's new brid(je, ru::nin,: all the way around like this, is out
to here if you'll notice, except •:'tl . point in here and this is that
Pointview complex that the City' new h 3s the riparian rights to and
they were going to ask to be fig":e . in eventually. But this goes all
the way around like that. There' i a •yap i n here and it jumps back out
again, and the bulkhead line is 1i1 t.ie way over to here except for
these two little pieces.
The City of Miami has .. similar problem with the park a little
further up the line becau :e rjoing to have to come down to the
State, and that's that lic•::lc: i) eve you may all recall, just south of
the Biscayne Twenty-one t3uil6iner, '.,which ir; at 21st Street and the Bay,
where the City has a brand new o::rk and they have a little gap in there
between the zuildinc• cn the nor :.;, and their existing park; they are now
in litigation with reg` e__ to :h.: right ght to fill in that property. First
thee, have d.;e Get the :_ T,erir_;. .nd then they're, going to try to
fill i- We 'r:._•;e exact:- tb, se:r,_ o oblem. We have here, and ae showed
it to you i.. .._glory o17 :he last years, a piece of
prepezty _ : _w ::.-.: 4 =.....citizenship. Everybody around it
or. both -t a ct tee r: :te_: i, has bulkheaded and has filled
out .:o :r.e eee.e _ . County li.ne but suddenly, because either
the St.;.te or .:C►:.::• igvn' of .c has said, "we think there may be
eco .og:.c� l c.c;.rr...c' . _:.c:.•' _. ieriu•- the rights of the property
owre� cr _n., doing to the area in question.
Now coi.%g to she.w '.roe P.om a pie •;res of the area in question and
I think ':_ . Manoul can expin._ .. 'cc you these individual photographs.
:y „ ,_u^cvs;_ , •?l __c` i , these are shots back of the vacant
lots and :`:ereec ?e_re Coe's house. The Hain thing
T t_ied tic ,;:_ _ ,,.• _,, the ; ,: c._. to the exi Ming banks which is in these
In.. r _c:a. i tried to show the buildup of
;t maintenance crew which has worked
:;_.eaeemu loads of this seaweed, trash
a'xC: ur maybe two or three weeks, so we
average a truer load every month and numerous things like barges, fuel
tanks - anything that can float in, and this is where it floats into,
is the vacant area between the b'lk;ze,ds. T`zig documents just some of
the trash that has come in but we are on a constant maintenance of the
area because the smelt has been complained about, CTA Towers, and of
course Mercedes Ferris has it cleaned .ip as soon as any buildup comes,
July 12, 1976
Item 6
ZI3
Mt. c reerte: We waft to point o1it.. th 1t the building that
*toed the initial intrusion into ttt,' '>rr;, , the one that We Showed you
WAy ? ee;c .sere in 1070, nn-i Cat.l:;is rnn:.t r,'" the difficulty with regard
to the buildup of trash and debris an•1 craehaqa ahcl the smell of dead
filth and everything else - the First tc come out there is the
Oita that come_ains whenever ha this c?arhage and dead fish
And everything stuck in i t . arc! It rt!3t:+ n u:`1: because of the natural
Wave action corning down Lae bay.
We have on crdszir,cj :.•Dc}.: area. There's a
photograph that you can see - one of those ohotographs up there. Those
photographs were taken b•y Mr. rtancusi , by :he way, on the 18th of June,
just a few days ago. But these 7'.noto , reaps ehet we have documenting
the history of this property' ever six years clearly shows what they look
like and what's been ha aninc all alnc . ',ow we are in a position of
being deprived here simply Lecus,2 we're The last ones to ask. Let's
go back and explain another stor'•' that sore of you may not remember.
Some years ago, the City If. :.saris. i.. is Yisdom decided that all of
this property on hrickeli Avenue ,rairo; all the way out to the Rickenbacker
Causeway entrance should ae rezon_.; to r ulti•ile-family, high -density,
high-rise use. R-5A I think is the de:;inr.rit:ion. At that time, Mr. Ferre
appeared personally and o:)jectc:: to t'i : c! tinge in zoning on his
property to R-5A. He wanted it left .•_n it:; original use. Original,
which was single family, estate re:;ici( rttie1. aut for one reason or
another, that property •rya , changed in,l at' this property became this
high-rise, multi -family use. He has never ione anything. Ars . Ferre,
1rs. Coe, people that own this - never did anything to change their
location. They would like to have it like this. They are paying taxes
on this property as if it were hig'.l-r sc property. The land value 'nas
been established by Dade County to the extent that it's approximately
$10 a square foot for 250,000 square feet or $2,500,000 for the entire
parcel, and they are paying d out 6 5 , 00 0 to $ 70 , 000 a year in taxes
on residential property. Residential property that they can't even use,
although they own this portion and it is part of their land, but they
can't fill it and use it because, you heard the report, a State Agency
which has no real knowledge of what coos on in this particular area,
has said, ":tie don't want anything bu_.it anywhere in Biscayne Bay". But
where was tat Acency when this was being FAui.lt or when this was built?
What are the -a doing about keeping the trash and dirt off of this property
and out of t:. as lead axle what do they do to satisfy the people at the
CTA Towers who live there and complain ,zhout t'ie smell and the stench
and the looks? Nothir.: That's an aquatic preserve and as I think you
can see from the picture's we passed aroun,l, the only thing that that
portion of the preserve is preserving is garbage: And stench: And
tin cans and 4 few other little things
We are e position in :n_s property where we can't get what
everybody else has and T_ think that this Board should give us the right
by approving tn.. fillieg or:y y to a hu1ki'ead line and you can see thc�
application, t et 's elread-J:�� _-- _...,_ vad and established by the County
and let .is tau:: _ up to and sce if we can't get the
official:: on she State level to ee .__r.n with us and allow us to fill our
own lend out t., tha area tnat the County, many years ago, said we could
fill it ze, ;aid that's the application: If there's any questions,
I'd be pieE.sed to...
::r.. _asila: Mr. Greene, are you saying, sir, that if this
Board approves cr: d:.:,epprove: or what -have -you; say it did approve it,
that you t .an have to co back to the State for...
Mr. Greene; Yes m'arct. I've got to eo through the State
Administrative...
'•ir. Davis; nay 1 point out, ;•irs . Basila, that this Board is
a recommending Body only in this 'hitter. It must be approved by the
Commission.
.y1 1976
Item 6
nit
baSLla. 1 Uhder§EohJ en
Mks. Callahan: Mr. Trcrn:e? tho#r rt.-Malt-ding 10t0 i
thOy tiWn the bay bottom, too, where they hreten't, .
Mr. Greene: No. These lots do not own the hay uottoM, Th&s
is the Morley lot. I believe it came un last veer and it was denied,
'there's no bay Bottom ownership in there, The II Board did not :sell the
bay bottom to Mr. Morley.
Mrs. Callahan: And that's as far as it goes on this
property here?
Mr. Greene: That's about it. There isn't anything else.
We're just asking to be allowed to fill in in between here. As far
as this is concerned, they've already talked about putting a slant
across there to prevent this buildup of material in the corner.
Mr. Alfonso: nr. Greene? What is the intention in filling
this part of the property?
Mr. Greene: We will fill it by bringing in fill from the
outside.
;4r. Alfonso: Yes, but what is the intention? Are you going
to build a new high-rise there?
Mr. Greene: There is no intention at the present time. What
they want to do is bring it out to the same level and bulkhead it again.
If you take a look at these pictures, you'll find that the existing
bulkheading is eroding tremendously and beginning to flow in underneath
the ground. '.1e have to redo it...
Mr. Alfonso: I understand that but the owners, the present
owners, the two or three owners there...
'4r . Greene: Three owners.
Mr. Alfonso: They want to fill Hart of the land with the
intention of...
4
M. Greene: There has not been any decision made as to what
will be done. Mr. Ferre and ; ►rs . Ferre, '4ercedes Ferre, and 'trs . Coe
have both said they intend to live there as long as they can. They
didn't welt this rezoned to begin with. They didn't want this rezoned.
They didn't t w4r,t their land rezoned. They would like to continue to
live there.
Mr. Alfonso: Well now it's R-5. They don't have to be
rezoned...
Mr. Greene: Well, if they don't do it now, they will never
be able to ::o it because there's liable to be some more legislation
come down re..t s._ or the yeer ef:er that which would make it even more
diff cu:.�. h:. .��.._.;:, approves it and the Commission
approves _c, ee 'eeve ::.a right 'Le %. to Tallahassee and say, "okay,
let eke ia-e - hew :.ct just the 'on the surface' kind
o:: t__aac; -.aee've ceee. i r:; e..-.:... ..•.port. We would then have
experts s c a ;;- where the filling in, this 500'
in -,ere, ;;o41L. to Biscayne Bay. If you'll look
at the report, you'll find that _Inure are no viable signs of fish
reproduction areas or fish propagation zones or any other thing down
here which would any way encourare fish. There are no mangroves, there's
nothing there except dead ground. That's what they say in their own
report, but they say don't fill it in anyway. They did that in other
places, too. And the answer of course is any time you run up to an
ecological agency now, the first answer. is "no". Then they find the
reasons why.
=41= J ily 12, 1976 Item 6
Z13
gran: Alright' ybad iit ippot.tit5n?
4r14, Callahan; How Matt`/ adzes aC1ditionAl Wbtil:t that mak0
mL . teethe: It's annimateiy 210' !{ 500' . The imoortant
thing is we're not asking for any cr,;n ri t.h.lt doesn't belong to us.
It all beionrs to us right no., line 7 you can see in
your own report that the bulkheac, line , tr,Oi fished by Dade County
right here, and our request Is :,nil,• .r, fill to the establ.i ihed bulk-
head line.
Mrs. 3aro : That's tihe owners that you...
Mr. Greene: Yes, the t'iree owners are !iiami-Caribe,
Mai",,/ Anne Coe and '4ercedes Ferro.
Mr. Silverman: Mr. Chairman?
Mr. Dean: Mr. Silverman?
Mr. Silverman: Mr. Whi-hhle, your recommendation as I
understand is predicated on this :Letter addressed to :lr. Landers, and
a copy sent to you, dated April 24, 1975?
Mr. Whipple: Yes sir, on tiro mot otirt.
`fir. Silverman: Aside from that letter, dons th.. Staff
any objection to this application?
h'av
Mr. Whipple: I don't quite know how to answer that,
Mr. Silverman. I don't understand the question perhaps.
Mr. Silverman: Well, as : understand, your written objection
is that you feel that or the State feels there is some ecological
problem, and as a result of the State's recommendation or letter to you
in which they raised this ecological problem, you have recommended
denial.
Mr. Whi?ple : That is correct, along with our general thoughts
as to a1ic- :e rzt and the problems that do exist that have been pointed out
by the attezne2 representing the a2licant here tonight. If I could just
pica: c:: t.:nat t _::t a mi :ute, if yo.: went to the last page of the
Departlou=ces' _ _. _.:r, almost second to the last line
. :'1~"..- ... .. JaLt f OY could have been chosen osen
which wc=tLa :^.yc rographic effects". I think
that' ztstutu _ . �_ .c c�_ _ __ : ^a:: t. You must understand they
wcre reactinc; to an a?.lio:.tc. ;..c:. ..stablished the limits and I
believe that .this last lin:: :lave just read, in essence they're
saying there Sri a terrativo.' would help clear up some of the
prcblc:c:a that uo e::ist. ii' ,..i.•::_ow._cdce in this letter earlier on that
the stagnation c:oes occ .. w.__ _ and the other thing, and the
peolL.- who ar.o comp_ai in now are the people, in fact, who
c .u:.ed •;:h Lmei:. 1.c ._ot the applicants here tonight. But
what; t::ie ✓er. .rtx",: o: Katu:ui Rascliri::',s is doing, they're recognizing
thi.; .14ve ;::c ..._ ..:ci:_ ' etci=r that alternative to
fillinc th‘; !hir:g . t:ouid oe rounded and brought into
the :.:- - :..ir.irr.ized as opposed to maximizing
and .a:i:ii::: ,-a:-_ cr: In other words, as they
t:, taL: :illy; indicated there, they're
craating the 4 :r_e prc.L. to the r_o:9tr . as was created south of. them. So
I think, perhaps, there is an alternative here to justly consider the
impact of this filling, and perhaps c► compromise not filling so much
and yet eliminating some of the objectionable problems that physically
exist there today.
Mr. Alfonso:
That's what I wanted to Xnow.
Item 6
Z13
qr .(;retitle : It i May & f re t OF Ail t t m Ver,i ti1eater; tct I t
f-tr, Mhippl.e brought it up because t f`erlot t.O, We have talkea to the
Eltate about rounding this Off am we're willing to work OI.tt: any at'rentle=
merit that the hydrolocgical engineers `•uslrte nted. We '3On't object to
their idae. We think that that's a proper idea out the only way .4e c:an
work out anything with them is to he able to rto back up there ''i"_.t this
so that they can come up with i ea.'lne We c:.n't go back up there url.hss
there's an approval out of "ter .it". guilt' e what we've been toll.
Let me just show you one thins...
Whipple: 'Tell 1 :•onstrue their comment to be an inverse
rounding off. In othor t:'ors:,, noe rounding, orf your far corner- but
rounding off your inner corner and not filling out to the full oetcht
as proposed.
Ir. green: No, we've talker: to them directly on it . u0 they
would not object to our slanting _ around. They feel that we can work
out a way that we can remove the e`.lrI r r : objections to the blockade
which is what talc problem is. ect me just shoe? you the rent of the
property down there. You' 11 not_cc the shoreline town to the ^oath.
Now this is further down I3rickell ::here the CT_A Towers wan an eYen
further down, if you'll notice, •.ere the :?,rici:ell Bay Club nov ie.
Down there, they've filled in tiucmore. area. The amount of Fill almost
doubles what we're asking for herd.
Ir. Alfonso: Ir. Chair - Ian?
Mr. Dean: :ir. Alfonso?
sr
:1r. Alfonso: T wish to see if we can defer this item so theyLE
can !cork out a better solution -nth the Derar+-rlent, and get a recommendation IF'
of approval from them._
Mrs. I3aro: Felt I don't think we can
do that. I think they need
our approval or our recorimendetir n before they can go...
'Ir. Davis: '1r. Chairman, -if I may. I think what '1r. .Alfonso
is asking coup be approaches: if a different plan....'ihen this application
is filed, we rec-uire copies of fill plan be registered with this
application. Tees fill plan, of cc.:rse, shows the square corners and
shows everything coming right ou: to the bulkhead line. If there is a
desire to defer this for e revised fill elan, this could be accomplished.
Mr. Alfonso: That's exactly what I meant. 1 hate to go
against the professionals in an item like this in which they have a valid
petition.
Mrs. Baro: I understand that, but I understood you don't want
to defer it for them to get together with the Department, and r.v :ander-
standing was that they could not go and compromise unless this, Hoard
issues some sort of...
Mr. Alfonso: Not with the (State) Department. I'm talking
about our Planning Department.
Mr. Gort: He's talking obbut our Department, our Planning
Department.
Mrs. Baro; He was sneaking about the State,
Mr. Alfonso: No, no no. I said about professional people
who deny this application.
Mr. Dean; He was talking about Mr. Whinple.
Mr. Alfonso: t•ia,'be we can get something better f
r43 J111.7.' ir. 1976.Item 6
MB
Wet', he's: hAnilh hiMael f 6h 01�
?4r. bean: He's talking abOt t tit", 14MM-db., !tt' 1 WM
Mrtulip ii tic you ;inderstand ::i^, M fenso?
ttr, Whipple: Yes sir, I be;ieve T 'inth rstoo'j '1
Mr, Alfonso: Is it workaale? Can it be done?
Mr. Whipple:
Well,
tais
depends upon the applicant. I t.h nk
that we have a geestio.� oaethine in between i.i
very possible, yes.
'•ir. Greene: Let ae ,point out -- we can sit down with
Mr. Whipple and we find that weir:, in a tremendously good nosi.tion with
the Staff because tne,''re alwaya w 11inr to sit and listen to es. The
problem isn't that. The problem is no matter what we work out on this
level with Mr. Whipple, we stia..1 have to go back to the State and it's
going to be whatever they require of us that we'll finally have to come
back here with. Now, I eon't know if its possible but perhaps this
Board can approve it subject to a reapprov<<1after the final plans are
approved by the State, or provide in some way that they ha,re a second
chance to look at it after this is all done. We could do it that way,
but basically, no matter what we work out with the Staff or anywhere
else on this level, we still have to co to the State and get them to
approve it, so if you approve it on one basis and the State comes back
on another, I still have to bring it back again. All I'm trying to
do is say...
"ors. Barn: :hit': exactly what I meant.
tlr. Alfonso: Could it he subject to revised play; later...
'Zr. Greene: I thine: you'll allow us to go back up tag the
State with it, we know that the: ::tote's going to make some changes and
recommendations for changes in it and then we could ,bring it back by the
Board again, which would :nee:. :•'i<<.t sir. Alfonso want:..
Mr. Alfonso: We arc in -1 very difficult position.
Mr. Dean: Mr. Whipple, did you...
'ar . Whipple: With all i=e respect, I disagree and L would
recommend against that. : .Feel ehat the processes that have been set up
are the pro _ �r :.:...:er3e3. The does require that the local
communaty takc a:: : 17,eforo ti, j action and that is what we're here
for .:on:.gh:a. I :gal c:.v.' with Tr:i'.cl'`.•'.'v"...: assistance we can n1.VP elus what
the Department o.: I?r. .c i:ci.5 can give, we can call in other
people ;.o cor,x:Lele :'..'tr. r on a.:c ')re4.e;ns of the area and I think this
should be comma lity and let this community ileeide and
send their recoar:encu tion to the State.
!ir. Dean: Mr. .1fon?o? Does that answer your question?
Mr. Alfe so: No. they don't give any alternative. 'ir. Whipple
was talking about aiternativr.e , and now he says no. ? few minutes ago,
I understood there would : e an alternative to do it...
r,,av s : I thank :ar. ',:iiipale was speaking of an alternative
Mr. Alfons: , in tha very alternative that you were requesting, ie. , if
the applicant wishes to work with them, they can come un with something
perhaps you can recommend to the Commission.
Mr. Alfonso; Well, that's what I wish, to defer then t:,...
Mr. Whipple; My comments were audre'. aed to the suqyge t:.ion .that
146 attach the Condition that it Can eoMO bAtli to ti^ after the ltn
rid that was the latter part or my deMitoht. This Oben hot cif feet 1rV
cthdr detriment for an altern.t tiVe solution that Could `)r oropo ,rat c
'•ir. Dean: Alright. ''r.
the reason you want to defer it?
Mr. Alfonso: Yes. , w•thh to refer this item to see if they
daft Work together. I'm in i iv<:,•' recol'.1i-1pnc9ation because they have a
and point, but I don't wise. to qr% against the De7artrteht.
Mr. Dean: Alricrhc.. now what points do you .watt them to
address themselves to in order to defer it?
Al fon>1r)? Wottid you state ryter
°ir. Alfonso: Well. the•r don't fill to the line that
ih yellow there; they have to do -.onnthinrt better than that.
Mr. Silverman: : a•;ybe 1 can...
Mr. Dean: Alright, it, Silverman?
o tyaih
Mr. Silverman: The lettr.r frnri thn State, states that they
believe a different alignment could be chosen which would minimize the
adverse effects or the adverse nartane to the ecology that they submit,
and perhaps the applicant can comp un with a different alignment which
Would minimize the effects as far as our Staff is concerned, plus we
realize that this Board does not have final authority -- it has to co
to the State. However, it would c.:j:,e.ar to the Staff at least that it
would be better procedure or a _r_•iiscd alignment to he submitted to
the City prior to sending it u:l to Tallahassee rather than the other
way around, sending it to Tallahassee and then coming hack. "hat's how
I understood Mr. Whippie's reccm,Tf:r:Th tion.
Staff?
3r. Gort: Okay. :ir. Dean? net me ask you a question or
.4r. Dean: Mr. Wh ipnle?
'ir. Gort: It's. my unrer^. tending that •.ve are a rr'.cor rieniinri
Body on this item here, in other words, this it to go in front o f the
City Commission, and when will that. hip?
'ir. Davin: In September -- it would normally no in September,
Gort. I don't. know what the Commission's nchedule in gninu to be
in September with the budget approval but normally it would go in
September.
Mr. Gort: In other words, if we were to move on this i_te_in
here in order to save tir.3, this item -- the people could aet t.orrnther
with the Planning Department and by the time they could get to the
Commission, they can cor..c up with whatever they need to come 32 with.
We're not takir.c' a decision here. We're acting as a recommending Body
here on this item.
t•;ancusi: r'xc•rsc• :ate, if I can snake a oomenr -- cc>r'!-�on•,
seems to bc:, basing ::heir case on the Statell recommendation. '''haf ;oil
_. ke tC sec ._,..pea n ..s what the City recommends to it, you )'now.
The ideas •a« the S•_ lt_. r _.-na to talk to fhn^'t an noon as .4e
c: ►' wc can t:at_ib11Sh what the i. ty 1.'i really
recommending or not recommending, I mean is that nomething 'eon don' t
want to happen? if we can get that straightened out, then '.•re can go into
the other proposals.
Mr. Gort: C)kay, then you would be in favor of ,life!:ra1 then.
'. Greene Well let me just find out what 1r. Whi°nnle li a
J14y 1.2, i:r 9t
1 4 ri (,
.,S
sad Ahd 14.11 gbinr to repeat i1•4 'Its Whi )''i1 'r Staff c{ti' �ftii' tl r$ iE li
• >,,iitrr�.i� i'd�'��5?�����'tht:ii`1�ihtii:
it that .4o deft' -:to what the State Mt,t•; said. ii:ir,
based really oh .,hat thr. said in ii 1. i:tttt`,
1r. Doan: r.ec�ne: 'io
'tr.
G Well that' _; whatt:hr. Wi it.t.en t'commendation
that the State has said that this is bar„ and -L'Ie,=efore we recr :onnd
against it. Well, if Mr. Wio7) e comes lit• -dth song solution for 'm,
that's fine. _.ut will he then - nd be an advocate with the 'state anal
:may this is the solution that the City h._' :i r'.orno '.io with and we think the
State ought to follow this solution heca;,se it's good for evervbod'r,
right? Is that what he's raying? If that's the case, more power to
.him. I'd love to have him come no and help us.
Ir. Whipple:
Well thin �.:oul-3 occur anvw;! , (lependiin t unc,n
the final decision of the City !:71mirr:ion. If this Bard r.ec',:'1•ncnc'.r: and
the City Commission also recommends a lesser Plan, this is, in fact, the
endorsement of the City of 'Iia:.li to this project. and 'whatever is the
final form, it is recommende:. T,r'!t me point- out tht. the 9enartP1Cflt of
Natural e::ources is a right arm, no to sor-11;, of the IT 13nard. •r`l��y
rely upon the Department's research wad r r iy3i.4 ofnf 1'h f ,t rl atters ,it wos
it's not just a report for un but it is, in fact,
originally addressed to the Board of Trustees nF Internal Improvement
Funds. So this is the letter you night ';a••, For us and for the !Mate
and that's the basis of it. Now '►e endorse it. We cannot count all the
things and pronounce all the wore'', that they have in here. We are
Familiar with them but we recognize a nerd for a reversal of the trends
that have occurred in the past. Ile `eel that there is an alternative
solution. We are .sympathetic to what h l s none on in the past but the
We
question was askedearlier, "where were they five years ago?" Well,
seemed to he too busy with rezoninc-=; and attorneys and the dollar and
whatever it was at that time that the Denar.tment of Natural Resources
was talking then, but nobody was listening then. Now we are listening
and learning and trying to reverse the trends and salvage as much as we
can out of the ciisaster an: devastation that we've already done.
:ir. Dean: Alright, Chair is ready for a motion.
Mr. Alfonso: I move to :iefr, to the next meeting ros ,ihle
''Ir.. Davis: September the 1.3th , Mr. Alfonso?
'x. Alfonso: Yes sir.
Mr. Mean: And the stated reason For the deferral
:fir.Alfonso: For realignment of the bulkhead lines ---' to have
a better solution of that.
Gort: To get together with the Department...
:ir. Al!or o: That's right, and to get together with the
Department and come with a better solution than this, and I will be
in favor.
Being
:Ir. Dean: Alright, is there a se^on''.? T , there
Mr. Silverman: Second.
Mr. Dean: Seconded by 'ir. Silverman, Other chi>C;.tsglon
none, call the roll.
'Ir. Davis: The motion is to defer.- until.
Sentpmher the 13th.
'Ir. Silverman; 1 think we've got to understand that motion,
-46- Jul.',' 12, 1976
Item 6
L B
Tti►f :i i, thct
l ttineb : Th s t I A
been: ?oU're sayinr= to get: i:li.th ir, 4hittiin then?
Aifc,ns is VeA, der. together With t A ;)apartment.
'. bean: Alright.
At, Davis: Do ynu wish this stated in tilos motion?
ir. Dean: Yes certainly do.
Mr. Davis: The rea,on it's deferred is for consultation with
the Department, the Plsnninc: oE:nar.tment for possible revision of plans.
At. Gort: -ray ttr.v'll he able to get their
from the City and everyt'1i11cT.
Alfonso: • 1'nc is
•ir. Davis: Alright, u*1 ierqtc)Oil f,1 the m ►tion
;ir. Dean: Clearly riow.
.;o objections ,were received in t!l.1 :ins) •
:Ir. .Alfonso offered the following re:;oluti.c+-,,. And
i
adoption:
passed
aESOLUTIU NO. ZB-129-76
'RESOLUTION TO DEFER. UNTIL. -)/1;/76 FO•-t
PURPOSES OF REVIEW WITH PLANNT::( DEPART-
MENT OF PROPOSED ILL PLAN, REQUEST FOR
PERMISSION TO ;ILL SUBM R'',^,D TJY Jr:
BETWEEN THE CURRENT PROPJ TY LINES AND
THE BULKHEAD LINT. 0:' LOTS 46 TH U
BLOCK C n >-44 ,
F�i:.�.�E. �,:�i2Y B�,.IChi?LL
BEING 1 27 1643 Il ICKELL ? VE1•]UE 6 L'i'I':;
TO THE SOUTHWEST, JSING UPT7N') FILL;
Z0i7ED R-5A (HIGH DENSITY 'tULTITLE) .
Upon being seconded by !Ir. Silverman, thi'; reool
and adopted bV the following vote:
AYES: : ie ,srs . S:.lvermc n, nort , Alfonso, "Dn=3
Mmes. .:allahar., 13asila, Baro.
NAYS, None.
ABSENT: Reverend Johnson.
,ir. Davis: lotion passes, 7 - 0,
,'fir. Dean: Thank you all for corm
-47- July 12, 1976 Item 6
IP
ADJO
ATTEST:
ROBERT A. DAVIS
EXECUTIVE SLCR}.TTOY
Transcription of Record:
Chariot A. Irwin
Recorcinc Secretary
-48.
Ju1Y 12, 1976
Finis
ZB
16.4.1 BRICXEI,L AVENUE 1 ID LOTS T0THE .__._6OUTHWt
Lets 46 thru 50, Block B
`tdt,ER MARY BRICKELL (5-44)
Request for permission to fill submerged land lying betWee?t
the current property lines and the bulkhead line of abelVe
lots, using upland fill;
Zoned R-5A (High Density Multiple).
Note: Item deferred from Zoning Board Meeting 7/12/76,
etretary filed proof of publication of Legal Notice of Hearing and
administered oath to all persons testifying at this hearing.
THREE OBJECTORS TO THIS ITEM WERE PRESENT
PLANNING DEPARTMENT RECOMMENDATION: APPROVAL, SUBJECT_TO,
SITE REDEVELOPMENT PLANS PRESERVING AS MUCH OF THE
ENVIRONMENTAL FEATURES AS POSSIBLE.
In recognition of the significant environmental
features found on the subject property and its
designation as an Environmental Preservation District,
a fill program designed to unite the adjoining
shorelines of northeast abutting properties could
serve to preserve the environmental features of the
area. Approval for the filling of existing submerged
land would permit the exchange of development
interests from the upland ridge to a greater area
thus permitting the opportunity to preserve
valuable trees. Discussion on this matter between the
Department and the applicant's representatives have
resulted in general agreement.
Mr. Davis: Mr. Chairman, as you remember, this was deferred
from your meeting of July 12, 1976, in order to determine if a suitable
alignment could made of the fill which would be satisfactory to the
Planning Department, as I remember.
Mr. Dean: Alright, Mr. Attorney? I'm going to abstain from
participating in this because of my association with the Ferre family,
and yield, and let the Vice -Chairman take over. I think it would impair
my voting, yes sir.
Mr. Anderson: You feel you wouldn't be able to exercise your
independent judgment?
Mr. Dean: Yes sir.
Mrs. Baro: Alright. Mr. Whipple?
Mr. Whipple: The Department has recommended approval of this
item and n,y I, with your permission -- I have been authorized to change
a few of tze words here so that it reads a little more adequately as to
the view of the Department's opinion or recommendation, so I'll read it
into the record if you will accept it as an amended written recommendation.
Approval, subject to site redevelopment plan approved by
the Planning Department and preserving as much of the environmental
features as possible. In recognition of significant environmental
features found on the subject property and its designation as an
Environmental Preservation District and due to an existing tree canopy,
a fill program designed to unite the adjoining shorelines of northeast
abutting properties could serve to preserve the environmental features
of the subject area. Approval for the filling of existing submerged
land would permit the exchange of development interests from the upland
ridge to the less sensitive land fill area, thus permitting the
opportunity to preserve valuable trees existing on the site.
SePtemk er 13, .976
Item 5
Z8
ffi
Mr nrent. Madam- Chairtan, ty nate is Ha ld tlreene. t
-They representing the applidant.
Mrs. Baro: Excuse me, do we have any objectors to this?
(Mr. Davis proceeds to take a count of the objectors and
ihily swear them in).
Mr. Greene: Madam Chairman, may I point out that my name is
Harold Greene. I'm the attorney for the applicant. We appeared at the
last meeting and the public hearing was closed. At that time, for the
purpose of us going back to the Planning Staff of the City to determine
whether or not we could work out some kind of an agreement which would
indicate that we would preserve the upland property particularly the
environmentally and ecologically sensitive areas up there, in return for
which we would be able to utilize this existing bayfront property which
was within the area designated at one time as the or within the so-called
seawall or bulkhead line of Metropolitan Dade County -- we have done that
and we feel that we have given the Staff adequate reason to believe that
we will do everything we can to preserve the environmental features.
That was the total purpose of the deferral so that we could do that. We
have agreed that we will provide the information that the Planning
Department requires and will deliver redevelopment plans for the area
prior to the time that any work is started. That basically is what we
have to say about that.
We also brought with us, if you are interested, petitions
signed by 200 adjacent property owners and residents who are in favor of
this application. If you wish, we can provide further information to
you. I'd like to present those at this time (212 of them altogether).
We did go into quite a bit of detail at the last hearing talking about
the ecological problems and the reasons for it, showing you photographs
of what has occurred there and why we feel that this is necessary
because it is far more detrimental to leave the area as it is than it would
be to improve it with the proper kind of bulkhead and fill in this
location. The situation has deteriorated terribly since the CTA Towers
Were constructed and since the property on the north was constructed
up on 15th Road, and we feel that in order to preserve anything, this
area's got to be leveled out.
Mr. Alfonso: You want to incorporate this as part of the
record?
Mr. Greene: Yes.
Mrs. Baro: Yes, as part of the record. Is there anyone else
who wants to speak in favor? Anyone else in favor? No? Okay, the
opposition.
Ms. McIntyre: My name is Frances McIntyre. I'm here to
represent -Jhe Dade County Historic Board and I'm here to speak neither
for nor against but to bring you some information.
Our Board would feel remiss in its duties if we did not
inforn. the agencies involved and the public of certain information
regarding the waterfront property that we're speaking of. The bluffs
of oolitic limestone that form the water's edge of this property
represents the last visible piece of Miami's earliest recorded landmark.
One early map of the bluffs was drawn in 1771 and there are many others
from that date forward. The bluffs are part of one of the five original
land grants when this State became a Territory and it was settled at
that time. This is 1824.
The area is also the site of Fort Brickell which was an
earthen -Worked fort built in 1898 during the Spanish-American Civil
War. The site was selected because it was the highest and most
formidable site on the coast. Human bones were found on this site when
-54- September .3, 1.976 Item 5
ZI3
an early house was constructed about 1913 which indicates that the site
May },yield significant archaeological information. The site of Port
trickell may, as well, yield significant information.
The Dade County Historical Board would urge consideration of
these factors in any decision affecting the future of this property.
If you'll bear with me, I'd like to show you a couple of slides of the
bluffs that I'm talking about.
(As the slides are shown, Ms. McIntyre narrates...)
This photograph is the earliest one that I know of. It was
taken in the 1880s and this is in front of the section we're talking
about.
This is the same approximate area today.
This is a photograph also from 1880 or the 1880s and it shows
you what was called "old Stone Face" in those days. It was a rather
natural formation that resembled an Indian's face. Much of it has been
worn away.
This is a picture of the Spanish-American Fort as it was in
1898. There are virtually no visible remains of this site but nevertheless
it was on this same piece of land.
speak?
Thank you.
Mrs. Baro: Anyone else? Any other objectors that want
Ms. Brown: Nancy Brown. 9220 S. W. 166th Street, speaking
for the Tropical Audubon Society, Inc., in opposition to any filling of
the Biscayne Bay Aquatic Preserve, established as an Act of the Florida
Legislature in 1974, Chapter 258, Florida Statutes.
The Florida Environmental Reorganization Act of 1975
establishes the bulkhead line at the line of mean high water. This was
effective in July of 1975, and includes the repeal of Florida R253.122
under which the present bulkhead lines were established. In other words,
there is no such thing as a bulkhead line. There is the line of mean
high water beyond which there may be no filling under the Biscay
Bay
Aquatic Preserve Act. The precedent established by approval of
filling of this public Aquatic Preserve would be contrary to the intent
of the Statute which establishes the Preserve. Tropical Audubon urges
denial of this application.
Mrs. Baro: Anyone else?
Ms. Reed: My name is Marilyn Reed. I'm Dade County Chairman
for FrienaL of the Everglades. I'm here representing that organization
and also Marjorie Stoneman Douglas who cannot be here tonight. She's
President or the nine -County organization. I'm also on the Board of
Director-. for the Save the Bay Committee which is chaired by J
Malloy aad I'd like to simply reiterate what Nancy Brown has just said.
I have a letter here from Joseph Landers, Executive Director of what
was known as the I.I.F., and is now D.E.R., under reorg. It simply says
Section VII(3) provides that all bulkhead lines previously established
pursuant to Section 253.122 (Florida Statutes) are "established at the
line of mean high water or ordinary high water, Section 26, Repeal
Section 253.122, (Florida Statutes), under which present bulkhead lines
were established." There is no Dade County bulkhead line anymore.
We are opposed to any filling in the Bay out to a non-existent
bulkhead line. I have to say it that way because it no longer esists under
the law. We are opposed to this. We would be opposed to anything along
this line, Thank you.
September 1.3r 1 76 Item 5
ZB
Mrs. $aro: okay Mr, Greene
Mr. Greene: Madam Chairrah, its angwer to the comments of
the last two parties, very briefly we'd like to again show you the
photographs of the area and point out that the purpose of this fill is
to prevent the accumulation of dirt, trash and garbage which has been
piling up on bDth ends of this property which has to be cleaned out
twice a year by the property owner, or three times a year, all of which
has occurred as a result of the intrusion into Biscayne Bay, the so-called
Aquatic Preserve that they're striving to protect, by the CTA Towers
complex on the south and the property on the north which is presently
under construction, other properties approved by the City including
land that the City has recently acquired on what was known as the
"out lot" on South Bayshore Drive, the out lot section, which give the
City the right to extend its own property further into Biscayne Bay,
and on the basis of what they're saying, this would prevent you from
building any parks or doing anything further along the bayfront which
might improve the quality of life of individuals living along the Bay
or anywhere in the Coconut Grove area, such as the Coconut Grove Park
down there that was recently built. Now we don't argue that there is a
requirement that we have to go before the I.I. Board or what is now
the I.I. Board, the D.E.R., and we expect we will have the opposition
of the various environmental groups when we go before that Board. I
also point out that this is a continuance of an original hearing and
these ladies who filed these protests or appeared at this tine did not
appear at that first hearing and therefore in no way received any of
the knowledge that we imparted to this Board at that hearing with
regard to our concerns about the environmental quality there and the
difficulties that we were having. They weren't at the hearing, they
haven't, to my knowledge, received any part of the subject matter that
was brought up at that meeting and at this time they are protesting
without having heard the hearing. I think that that is not a proper
type protest. If they were here at the hearing, they should have
answered at that time. This is a continuation of an existing hearing
and actually the public hearing was closed. It is not a matter where
they can come back a month later and say something without having heard
what we presented, so they're objecting to something they've never
heard.
The other point that I think is very important that has to
be made is that we realize that it's up to the State to concern itself
with the preservation of Biscayne Bay under the Biscayne Bay Aquatic
Preserve Act, Chapter 258 of the Florida Statutes, as Ms. Brown so
eagerly quoted and we realize that we're going to have to go through
the State Agencies in order to get approval for the fill, but we pointed
out to you the last time that we have to go through the process in the
City to determine whether or not the City would feel it agreeable that
this land be filled in this manner before we can go on to the State
Agencies. We could never be heard on any State level on any matter
involving the Biscayne Bay Aquatic Preserve Act to even obtain or
attempt to prove our case to them unless we can get through to that
State. That's what we're here for.
The other thing, I think that the Staff has discussed and
they were very much concerned with and again, it becomes a balancing
situation -- they're very much concerned with the preservation of the
existing foliage and trees on that property. Some of these trees go
back almost as long as the Fort that was discussed here and if we are
to utilize the property in accordance with the right we have with
regard to the zoning, we could build the same number of units on it
without aoing out into the Bay. If we do so, then we're going down to
destroy a great many of those very precious trees. I think the Staff,
in weighing what was more important to the area and to the people
living there, felt that our straightening out what is with - regardless
of whether that's no longer an existing bulkhead line under the law,
a bulkhead line was followed in land development all uP and down that
-56 r :September 13, 1976 Item 5
ZB
c
a
day) and they studied as to whether that Was better for the area or
whether it should be left the way it is so that the property Cannot be
developed, or that if the property is developed, it becomes over -crowded
even with its development that exists, and we destroy the trees on it-,
then you're going to have to decide, too. I think that the Board is
doing to have to decide that; I think the City Commission's going to
have to decide that and eventually it's going to go far beyond that.
It's going up to the State and they'll have to decide that. So we're
just at the beginning now of the process and we feel that we should
have our case heard before the Adjudicatory Board that's really
•responsible for the Biscayne Bay Aquatic Preserve and that's the
State U.E.R. and the State Cabinet.
Mrs. Baro: Okay. Would you ask her a question?
Ms. i3rown : Just another brief addition. The Department of
Natural Resources has recommended the denial of this application, based
on the destruction of the natural conditions.
Mrs. Baro: Okay.
Mr. Langhorn: My name is Richard Langhorn. I'm Director
of Real Estate Operations for a corporation that owns Lots 49 and 50,
and I also represent the interests of the lot owners of #46 and #47 and
#48.
I'd like to just refresh your recollection and pass the
pictures around once again which were taken in June,1976 which
illustrates not a low -tide situation. The trapping process that goes
on with the material that comes into this area which is very detrimental
and it's unpleasant for the property owners and the neighbors as well.
The other thing that I'd like to mention is that the owners
of this property are extremely anxious to preserve the trees on the
highest bluff in Dade County. That is the highest bluff in Dade County,
and it would be unfortunate for them to have to utilize that area of
the property for development and lose those marvelous trees on that
high ground. With the zoning that's on that property and the City of
Miami treatment, the County Tax Assessor's treatment of the property,
the property in use as R-1 still is being taxed as R-5. It's just not
economically feasible in the long run, over the next ten years, to
continue for that property to be in use as R-1. The 212 neighbors,
of the 275 next door, approved this application and is stated so in their
letter to this Board and it's my impression that we would have had more
signatures except that we only started to do that, circulate that
petition, on Friday. So from Friday to Monday, we only got 212 signatures.
If we'd had another couple of days, we'd probably have been able to do
a little better. The people who signed the petition are the people who
are directly affected. They're the people who live next door.
Marjorie Stoneman Douglas used to be my neighbor. She lives on Stewart
Avenue, and I like Mrs. Douglas; I think she's a wonderful lady, but she
doesn't live next door. I think what we've got to look at are the people
next door. They're the people who are supporting it. Thank you.
Mrs. Baro: Anyone else? Okay. We'll close the public
hearing now and have discussion among the Members. Any questions?
Mr. Alfonso: Well, Madam Chairman, I am the one who deferred
this item last time, looking for a better solution. Evidently the
Department reconsidered and changed their opinion to approval. But
what I don't see clear here is they never redesigned as to how they're
going to fill this property. First they state because they have to
clean the property some three times a year or I don't know how many
times they have to do it, but the way they're going to do it, they're
going to put it to the next door neighbor. All that trash that was
there is going to move to that side. I thought they were going to change
=57- September 134 1976 Item 5
2a
the land in the Way they're going to fill its Make a curie or an andle
or sortlething. But they did the same thing. It's a square piece of
broperty and all the garbage is going to coo to next door. That's Why
I'm Confused why did the Department reconsider to redesign the way
they're going to fill this property? Mr. Whipple, can you tell me
anything about it?
Mr. Nipple: Madam Chairman, Mr. Alfonso, I don't think I
can put it any plainer than the fact that the Department,
its
recommendation, is placing more importance onto the preservation of the
Upland area as opposed to the area being filled. That's boiled down
to its simplest terms.
Mr. Alfonso:
say that...
Mr. Whipple: The Department has said that, yes sir.
Mr. Alfonso: Okay.
Mr. Gort: Madam Chairperson?
Mrs. Baro: Mr. Gort?
Mr. Gort: The reason we deferred this last time, the
Department was completely against it and the reason we deferred it is
like many other times, we wanted to get the Department and the petitioner
together and come up with a solution. I know the area very well. I
water ski in that area and I think something's got to be done in there.
I think the Department is the expert(s). They have gotten together
and they have come up with a solution. Now the final decision is not
going to be Made in here. The motion is just passed here. They have
to go through the different State Agencies before they can do anything.
So, I'm ready to make a motion.
Mrs. Baro: You're ready?
Mr. Gort: Ready: I move to recommend.
Mrs. Callahan: Second.
Mrs. Baro: Moved by Mr. Gort, seconded by Mrs. Callahan.
Mr. Davis, shall we have the roll call? Moved by Mr. Gort for
recommendation, seconded by Mrs. Callahan.
Mr. Davis: It's subject to the approval of the site
development plan when this ever develops, by the Planning Department.
Mr. Gort: Right.
Mr. Davis: That's understood. This will go before the
City Commission if recommended.
No objections were received in the mail.
Mr. Gort offered the following resolution and moved
adoption:
Well, you are the Professor, and if you
RESOLUTION NO. ZB-141-76
RESOLUTION TO RECOMMEND REQUEST FOR
PERMISSION TO FILL SUBMERGED LAND LYING
BETWEEN THE CURRENT PROPERTY LINES &
THE BULKHEAD LINL OF LOTS 46 THRU 50,
BLOCK "B", FLAGLER MARY BRICKELL (5-44) ,
BRING 1627, 1643 BRICKELL AVENUE & LOTS
TO THE SOUTHWEST, USING UPLAND FILL;
SUBJECT TO PLANNING DEPARTMENT APPROVAL
OF SITE DEVELOPMENT PLAN; ZONED R-5A,
(HIGH DENSITY MULTIPLE).
(Continued on next page)
-58- September 13, 1976
Item 5
ZB
Upon being seconded by Mrs. Caiiahan, this resoiutiaOf was
tsed and adopted by the following vote:
AYES: Messrs. Alfonso, tort, Silverman.
Mmes. Daro, Basila, Callahan.
NMS: None.
ABSTAIN: Mr. Dean.
Mr. Davis: Unanimous.
Mr. Greene: Thank you.
Mrs. Baro: You're welcome.
-59- September 1.3, 1976 Item 5
2B
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