Loading...
HomeMy WebLinkAboutR-75-00015 10 11. 12 14 15 16 17 18 2U 22 23 25 25 27 2g 29 30 32 35 .-,. r,. ...err N ( -1•V•T5N``. .t ♦1•10 T i. )-� ,-j ):} 11N _'S'-;C:...,: , �'.,: _ co::`.i 1z, icuTOLOTS •/ 10, , /2 1;D 73, !tl; ", L rr 14A!•1Y }W.L \ :E L 5 AT 2333 iy!\. ,K - I A =+ .+, CC' .+.I UNC'T £Oi; 'r• iTTri PRO2OSED L lARSi:,A AS PER PLAN ON FILE; ZONED I?-5', {iiIGi DEiv3.CTY ULT_t?LE) • SUBJECT TO THE iOLL♦:CONDITIONS! : (1) THERE SHALL BE NO GA5 O;:t DIESEL PUMPS ON THE DOCKS , (2) THERE SHALL BE NO USE OF THE MARINA, (3) THERE SHALL ;3E NO ACCESSORY USE STORE AT THE i•IARINA SITE, (4) Ti-IE CITY OF MiL.AI SHALL BE GIVEN THE FILL OBTAINED BY DREDGING THE BAY BOTTOM AND SAID FILL SHALL BE PLACED IN A CONVENIENT LOCATION FOR EASY PICKUP, (5) T-IE ROOF OF THE EXISTING ;ULTI-STORY BUILDING OI'i= BY TiiE APPLICANT AND BUILT UPON THE PROPERTY ABOVE DESCRIBED WILL BE LEFT CLEAR TO PERMIT POSSIBLE LANDING OF HELICOPTERS ON THE ROOF AREA, (6) THE APPLICANT SHALL .PERMIT THE CITY OF i•IIAMI TO PLACE AN ANTENNA ON THE BUILDING CONSTRUCTED ON THE ABOVE DESCRIBED PROPERTY, (7) TIIE "SET BACK" SHALL COMPLY WITH THE PLANNING DEPARTMENT'S REQUIREMENTS FOR "SET BACKS" $ THE AFI'LI- CAnT Sn ld, ,;uT i'rat'iEi LIV ;a: ABtJAFJ) ANY VESSELSOIITHIN THE ;::1`:i:,A,AND SHALL PROVIDE A CLAUSE IN EACH ADD EVERY CONTRACT OR LEASE WITH THE USERS OF ITS DOCK FACILITIES THAT THERE WILL BE NO "LIVE A130A11i3S" PERMITTED AT SAID DOCK FACILITIES;AND •`q ) THERE SHALL BE COMPLETE COMPLIANCE WITH CHAPTER 24 OF THE CODE OF METROPOLITAN OLITAN DARE COUNTY AND CHAPTER 403 OF THE FLORIDA STATUTES; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK. TO ENTER IiJ20 AN AGREEMENT j'aITII TIi E APPLICANT TO PERMIT THE DREDGING OF BISCAYN'E BAY IN ACCORDANCE WITH THE PROVISIONS AND CONDITIONS OF THIS RESOLUTION,, WHEREAS, the Miami Zoning Boarci, at its meeting of November 4, 1974, Item 2(b), fo11orLng an advertised hearing adopted Resolution No. ZI3 1633-74 by a 6 to 0 vote (ono memi?er absent) recommending the request for permission to dredge the area'in Biscayne Ray contiguous to Lots 70, 71, 72 and 73 in conjut ction with propozed Marina, as per plan on file; and CITY COMMISSION MEETING (F JAN 9 1975 RESOIUTIoN RWAR$S:.. 3 4 5 6 8 9 10 11 12 13 14 15 16 . 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, , the City Cer;r.<is v on finds it acl :T i.:.- a1) i r and in the best interest of the inhabitants of the City of Miami to approve the dredging of the area in Biscayne Bay contiguous to Lots 70, 71, 72 and 73, Block "B" , Flagler Mary Brickell (5-44) at 2333 I3ricke3.l Avenue, ;subject to conditions as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY TITS COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The request for permission to dredge the area in Biscayne Bay contiguous to Lots 70, 71, 72 and 73, Block "B", Flagler Mary Bricl:ei1 (5-44) , at 2333 Brickell Avenue, in conjunction with proposed Marina, as per plan on file; zoned R-5A (High Density Multiple) , subject to the following conditions: (1) Therm shall be no gas or diesel pumps on the decks, (2) There shall be no commercial use of the Marina, (3) There shall he no accessory use store at the Marina site, (4) The City of Miami shall be given the fill obtained by dredging the bay bottom and said fill shall be placed in a convenient location for easy pickup, (5) The roof of the existing multi -story building owned by the applicant and built upon the property above described will be left clear to permit possible landing of helicopters on the roof area, (6) The applicant shall permit the City of Miami to place an antenna on the building constructed on the above described property, (7) The "set back" shall comply with the Planning Department's 29 requirer'ents for "set backs", (S) The applicant shall not 30 1Y:r79.i.t_ living :3i)onrd any `.ressols within the :1m ina and shall provide 31 32 J 33 r 3 CIZ111::c in c'•nt:h and every contract or IC;So 41ith tila uses of its c'o,:11 facilities that. there will be no "live rahoard:;" permitted nt >s;aid dock facilities; and (9) I hr rc shall b0 -Y- " UPPOrTIVE DOCUMENTS FOLLOW" 3 6 7 1'1 0 9 10 11 12 13 14 15 16 17 18 19 20 21 11 23 24 25 26 27 28 29 30 • 31 32 33 34 35 36 cpliance with 24 - the (',.1',..2 of 2.1atropulitan DAde Cc u`it:' and Ch :pi:L r 403 of Lh ' Florida Statutes; and subjc-ct :o i:113_ a!Jplicant's securing approval of all necL'.ssar" i (,ovcrnental agencies nc.Les and subjact to the submission by the applicant of the necessary application, fee, performance bond, and other reiuired documents or plans pursuant to the City of Miami Code, be and the same is hereby granted. Section • 2. The City Manager and City Clerk are hereby authorized and directed to enter into an Agreement with the applicant to permit the dredging of Biscayne Bay in accordance with the provisions and condition.:, of this Resolution. PASSED AND ADOPTED this 9 day of JANUA! Y 1975. i H . D , SOUTHERN CITY CLERK PREPARED AND APPROVED BY: 10 MICHEL E. ANDERSON ASSISTANT CITY ATTORNEY APPROVED,. AS TO FOP.M AND CORRECTNESS: JOHN S. LLOYD CITY ATTORNEY VAURICF A. FERE MAYOR "r► !PPnF T1VE ! TS FOLLOW" MtA 1/8/75 AGREEMENT THIS AGREEMENT, made and entered into this 4/, day of January, 1975, by and between the Brickell Bay Club, Inc., a corporation authorized to do business in the State of Florida, hereinafter referred to as the party of the first part, and the City of Miami, Florida, a municipal corporation, hereinafter referred to as the party of the second part. WITNESSETH: WHEREAS, the party of the first part is desirous to dredge certain bay bottom land contiguous to the property owned by the party of the first part and described as Lots 70, 71, 72 and 73, Block "B", FLAGLER MARY BRICKELL, Plat Book 5, Page 44 of the Public Records of Dade County, Floridan and also known as 2333 Brickell Avenue, Miami, Florida, for the purposes of constructing a dock on said property; and WHEREAS, the party of the second part has requested that the party of the first part enter into an Agreement with the party of the second part; and WHEREAS, the party of the first part is desirous of entering into said Agreement; NOW, THEREFORE, THE PARTIES DO HEREBY COVENANT, CONTRACT AND AGREE AS FOLLOWS: 1- r. 1. The party of the first part agrees as follows: A. There shall be no gas or diesel pumps on the docks, B. There shall be no commercial use of the Marina, C. There shall be no accessory use store at the Marina site, D. The party of the second part shall be given the fill obtained by dredging the bay bottom and said fill shall be placed in a convenient location for easy pickup,, 0= FLC!_;I i ;1 DOCUM NThRY-;.STAMP_TAX I k�G 8984 PGt3B E, The roof of the existing multi -story building owned by the party of the first part and built upon the property above described will be left clear to permit possible landing of helicopters on the roof area, F. The party of the first part shall permit the party of the second part to place an antenna on the building constructed on the above described property. G. The "set back" shall comply with the party of the second part's Planning Department's requirements for "set backs", H. The party of the first part shall not permit living aboard vessels and shall provide a clause in each and every contract or lease with the users of its dock facilities that there will be no "live aboards" permitted at said dock facilities and that there will be no house boats permitted to dock at this facility at any time; and I. There shall be complete compliance with Chapter 24 of the Code of Metropolitan Dade County and Chapter 403 of the Florida Statutes. 2. The party of the second part agrees to permit the party of the first part to dredge the bay bottom land contiguous to the property described herein pursuant to the plans submitted by the party of the first part to the party of the second part which plans are on file with the party of the second part's Department of Administration for Planning and Zoning Boards, subject to the party of the first part securing approval of all necessary governmental agencies and subject to the submission by the party of the first part of the necessary application, fee, performance bond, and other required documents or plans pursuant to the party of the second part's Code, 2, 8984 n1.386,6 3, This Agreement shall be binding upon the parties, their successors, heirs and assigns. 4, This entire Agreement is conditioned Upon the party of the first part's securing the approval of all applicable governmental agencies for the dredging, WITNESS our hands and seals this 1975. ATTEST: Secretary ATTEST: City Clerk 0 j •,� • A. • • t. • !' i . ' • S iC • ig : �• T day of January, ,4 , I. li t''1//,, • AY CLUB;^, V V AI • '..,, 'e. J ,,, r �J u CITY OF MIAMI, FLORIDA, a municipal corporation��% By: vt/ City Manager 3, 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 2U 21 22 23 24 25 26 27 28 29 30 3) 32 33 34 35 36 RESOLUTION NO, .75.1._. A RESOLUTION GRANTING PERMISSION TO DREDGE THE AREA IN BISCAYNE BAY CONTIGUOUS TO LOTS 70, 71, 72 AND 73, BLOCK ''B", FLAGLER MARY BRICKELL (5-44), AT 2333 BRICKELL AVENUE, IN CONJUNCTION WITH PROPOSED MARINA, AS PER PLAN ON FILE; ZONED R-5A (HIGH DENSITY MULTIPLE), SUBJECT TO THE FOLLOWING CONDITIONS: (1) THERE SHALL BE NO GAS OR DIESEL PUMPS ON THE DOCKS, (2) THERE SHALL BE NO COMMERCIAL USE OF THE MARINA, (3) THERE SHALL BE NO ACCESSORY USE STORE AT THE MARINA SITE, (4) THE CITY OF MIAMI SHALL BE GIVEN THE FILL OBTAINED BY DREDGING THE BAY BOTTOM AND SAID FILL SHALL BE PLACED IN A CONVENIENT LOCATION FOR EASY PICKUP, (5) THE ROOF OF THE EXISTING MULTI -STORY BUILDING OWNED BY THE APPLICANT AND BUILT UPON THE PROPERTY ABOVE DESCRIBED WILL BE LEFT CLEAR TO PERMIT POSSIBLE LANDING OF HELICOPTERS ON THE ROOF AREA, (6) THE APPLICANT SHALL PERMIT THE CITY OF MIAMI TO PLACE AN ANTENNA ON THE BUILDING CONSTRUCTED ON THE ABOVE DESCRIBED PROPERTY, (7) THE "SET BACK" SHALL COMPLY WITH THE PLANNING DEPARTMENT'S REQUIREMENTS FOR "SET BACKS" ,8 THE AFPLI- CAINT SnALL AOI PLKMri LiV1t'G ABOARD ANY VESSELS,WITHIN THE "ARINA,AND SHALL PROVIDE A CLAUSE IN EACH AND EVERY CONTRACT OR LEASE WITH THE USERS OF ITS DOCK FACILITIES THAT THERE WILL BE NO "LIVE ABOARDS" PERMITTED AT SAID DOCK FACILITIES. on '(Q THERE SHALL BE COMPLETE COMPLIANCE WITH CHAPTER 24 OF THE CODE OF METROPOLITAN DADE COUNTY AND CHAPTER 403 OF THE FLORIDA STATUTES; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE APPLICANT TO PERMIT THE DREDGING OF BISCAYNE BAY IN ACCORDANCE WITH THE PROVISIONS AND CONDITIONS OF THIS RESOLUTION. WHEREAS, the Miami Zoning Board, at its meeting of November 4, 1974, Item #2(b), following an advertised hearing adopted Resolution No. ZB 168-74 by a 6 to 0 vote (one member absent) recommending the request for permission to dredge the area in Biscayne Bay contiguous to Lots 70, 71, 72 and 73 in conjunction with proposed Marina: as per plan on file; and INDEX ►/ CITY COMMISSION MEETING OF JAN 91975 RE,SOI.UTION NO.,' - *WARM: 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31. 32 33 34 35 36 WHEREAS, the City Commission finds it advisable and in the best interest of the inhabitants of the City of Miami to approve the dredging of the area in Biscayne Bay contiguous to Lots 70, 71, 72 and 73, Block 'B", Flagler Mary Brickell (5-44) at 2333 Brickell Avenue, subject to conditions as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1, The request for permission to dredge the area in Biscayne Bay contiguous to Lots 70, 71, 72 and 73, Block "B", Flagler Mary Brickell (5-44), at 2333 Brickell Avenue, in conjunction with proposed Marina, as per plan on file; zoned R-5A (High Density Multiple), subject to the following conditions: (1) There shall be no gas or diesel pumps on the docks, (2) There shall be no commercial use of the Marina, (3) There shall be no accessory use store at the Marina site, (4) The City of Miami shall be given the fill obtained by dredging the bay bottom and said fill shall be placed in a convenient location for easy pickup, (5) The roof of the existing multi -story building owned by the applicant and built upon the property above described will be left clear to permit possible landing of helicopters on the roof area, (6) The applicant shall permit the City of Miami to place an antenna on the building constructed on the above described property, (7) The "set back" shall comply with the Planning Department's requirements for "set backs", (8) The applicant shall not permit living aboard-vessels'and shall provide a clause in each and every contract or lease with the users of its dock facilities that there will be no "live aboards" permitted at said dock faci1itiesiand that there will be no house boats permitted to fn +'� ■T 2, FULLUVV" l "" 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 complete compliance with Chapter 24 of the Code of Metropolitan Dade County and Chapter 403 of the Florida Statutes; and subject to the applicant's securing approval of all necessary governmental agencies and subject to the submission by the applicant of the necessary application, fee, performance bond, and other required documents or plans pursuant to the City of Miami Code, be and the same is hereby granted. Section 2. The City Manager and City Clerk are hereby authorized and directed to enter into an Agreement with the applicant to permit the dredging of Biscayne Bay in accordance with the provisions and conditions of this Resolution. PASSED AND ADOPTED this 9 day of JANUAf ' 1975. RN PREPARED AND APPROVED BY: 25 MICHEL E. ANDERSON ASSISTANT CITY ATTORNEY 26 27 28 29 30 31 32 33 34 35 APPROVED AS TO FORM AND CORRECTNESS: JOHN S. LLOYD CITY ATTORNEY sIA(1RJCF A. FFRRE MAYOR ULLL 36 3. 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3_) .36 RESOLUTION NO. A RESOLUTION GRANTING PERMISSION TO DREDGE BAY BOTTOM LAND CONTIGUOUS TO LOTS 70, 71, 72, AND 73, BLOCK "B", FLAGLER MARY BRICKELL (5-44), AT 2333 BRICKELL AVENUE, FOR MARINA APPROVED AS A CONDITIONAL USE PER PLAN ON FILE, ZONED R-5A (HIGH DENSITY MULTIPLE), SUBJECT TO THE FOLLOWING CONDITIONS: (1) THERE SHALL BE NO GAS OR DIESEL PUMPS ON THE DOCKS, (2) THERE SHALL BE NO COMMERCIAL USE OF THE MARINA, (3) THERE SHALL BE NO LIVING ABOARD VESSELS, (4) THERE SHALL BE NO ACCESSORY USE STORE AT THE MARINA SITE, AND (5) THERE SHALL BE COMPLETE COMPLIANCE WITH CHAPTER 24 OF THE CODE OF METROPOLITAN DADE COUNTY AND CHAPTER 403 OF THE FLORIDA STATUTES. WHEREAS, the Miami Zoning Board, at its meeting of November 4, 1974, Item #2(b), following an advertised hearing, adopted Resolution No. ZB 168-74 by a 6 to 0 vote (one member absent) recommending the request for permission to dredge bay bottom land contiguous to Lots 70, 71, 72, and 73, Block "B", Flagler Mary Brickell (5-44), at 2333 Brickell Avenue; and WHEREAS, the City Commission finds it advisable and in the best interest of the inhabitants of the City of Miami to approve the dredging of bay bottom land contiguous to Lots 70, 71, 72, and 73, Block "B", Flagler Mary Brickell (5-44), at 2333 Brickell Avenue, subject to conditions as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The request for permission to dredge bay bottom land contiguous to Lots 70, 71, 72, and 73, Block "B", Flagler Mary Brickell (5-44), at 2333 Brickell P,1 Z -j 007 �; rj 2 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Avenue, in conjunction with proposed Marina, as per plan on file, zoned R-5A (High Density Multiple), subject to the following conditions; (1) There shall be no gas or diesel pumps on\\the docks, (2) There shall be no commercial use of the Marina, (3) There shall be no living aboard vessels, (4) There shall be no accessory use store at the marina site, and (5) There shall be complete compliance with Chapter 24 of the Code of Metropolitan Dade County and Chapter 403 of the Florida Statutes, be and the same is hereby granted. MAYOR ATTEST: CITY CLERK PREPARED AND APPROVED BY: MICHEL E. ANDERSON Assistant City Attorney APPROVED.. AS TO FORM AND CORRECTNESS: ,; ,JOHN S. LLOYD (City Attorney << Q, I 1 p r),-N rr7-1 % IF MEA/c s 11/13/74 RESOLUTION NO. A RESOLUTION GRANTING PERMISSION TO DREDGE BAY BOTTOM LAND CONTIGUOUS TO LOTS 70, 71, 72, AND 73, BLOCK "B", FLAGLER MARY BRICKELL (5-44), AT 2333 BRICKELL AVENUE, FOR MARINA UNDER /CONCURRENT PETITION FOR CONDITIONAL USE, \AS PER PLAN ON FILE; ZONED R-5A (HIGH DEN- SITY MULTIPLE). WHEREAS, the Miami Zoning Board, at its meeting of November 4, 1974, Item #2(b), following an advertised hearing, adopted Resolution No, ZB 168-74 by a six to zero vote (one member absent) recommending the request for per- mission to dredge bay bottom land contiguous to Lots 70, 71, 72, and 73, Block "B", Flagler Mary Brickell (5-44), at 2333 Brickell Avenue; and WHEREAS, the City Commission finds it advisable and in the best interest of the inhabitants of the City of Miami to approve the dredging of bay bottom land con- tiguous to Lots 70, 71, 72, and 73, Block "B", Flagler Mary Brickell (5-44), at 2333 Brickell Avenue, as hereinafter set forth; NOW, THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The request for permission to dredge bay bottom land contiguous to Lots 70, 71, 72, and 73, Block "B", Flagler Mary Brickell (5-44), at 2333 Brickell Avenue, in conjunction with proposed Marina, as per plan on file; zoned R-5A (High Density Multiple), be and the same is hereby granted. PASSED AND ADOPTED this day of , 1974. (:t.0 MAYOR ,�=� INDEX it 2 3 4 S 6 y 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ATTEST: CITY CLERK PREPARED AND APPROVED BY: MICHEL E. ANDER SON Assistant City Attorney APPROVED AS T") FORM AND CORRECTNESS: uN S . LLOYD ity Attorney Page 2 of 2 - f p=3RTIVE L _M1 ENTS F I.LLUW" f, la November 7, 1974 Honorable City Commission Attention: Mr, P. W. Andrews City of Miami, Florida Re:. DREDGE BAY BOTTOM LAND - RECOMMENDED 2333 Brickell Avenue Lots 70, 71, 72 and 73, Block "B", FLAGLER MARY BRICKELL (5-44) Applicant: Brickell Bay Club Inc. Gentlemen: The Miami Zoning Board, at its meeting of November 4, 1974, Item #2(b), following an advertised Hearing, adopted Resolution No. ZB 168-74 by a 6 to 0 vote (one member absent) Recommending the request for per- mission to dredge Bay Bottom land contiguous to Lots 70, 71, 72 and 73, Block "B", FLAGLER MARY BRICKELL (5-44), at 2333 Brickell Avenue, for Marina under concurrent petition for Conditional Use, as per plan on file; zoned R-5A (High Density Multiple). One objection was received in the mail. A RESOLUTION to provide for this request has been prepared by the City Attorney's office and submitted for consideration of the City Commission. mincer David Simpson, r., Dector Department of Administkation Planning and Zoning Boards cm Z.M. 37 Attached: Minutes cc: Law Department On November 4, 1974, the Zoning Board adopted Resolution No. ZB 167-74 GRANTING Conditional Use for a 70 boat Marina in conjunction with above. NOTE: Planning Department recommendation: "APPROVAL IN ACCORDANCE WITH RESOLUTION PREPARED BY LAW DEPARTMENT". ! i r-, r-� ! R T I V E Tentative City Commission date: December 2, 1974 � �, ) Y � �• ., ; ;� Y V G t..:\v { S FOLLOW" , f - , _ _ , _ ., it _ - 2333 BRtc ICBLL AVENUE 4/`' � t LbtS 70,71, 7 and in, Block "B'►, 0 PLAGLt11 MARY BRICHELL (5-44) . 9 (a) "Conditional vse" as listed in Ordinance No. 6871, ARTICLE IV, 00 Sectitrin 23 (2) (b) , to permit construction of marina for 70 boats, With piers and pilings extending 388' into Biscayne Bay front the bulkhead line, in conjunction with Bricked Bay Club, located at above address,: zoned ,R-5A- Hi h DMultiple).° { g ensity �' `- °_�'° °°��, °_° ° (b) Request for permission to -dredge, bay bottom land °contiguous° to above property for marina° under concurrent petition for "Conditional Use', , as- per °Flan;°on 'file: zoned R-5A (fiic?h Density Multiple):, and NOTE: Item #7 °deferred from Zoning Board Meeting of 10/7/74. Secretary filed proof of publication of Legal Notice of hearing, and administered oath to all persons testifying at this hearing. PLANNING DEPARTMENT RECOMMENDATION: "APPROVAL IN ACCORDANCE WITH RESOLUTION PREPARED BY LAW DEPARTMENT" (Note memorandum and attachments to Law Department, October 16, 1974.) Mr. Dean: All right, swear in all of those wishing to testify. All right, Staff? Mr. McLean: The Planning Department recommends approval, in accordance with the resolution, as prepared by the Law Department. Mr. Dean: All right, Mr. Campbell? Mr. Campbell: Our recommendation is as before, on Item #1, specifically, where it refers to "live-aboards" and "overnight transients". Mr. Dean: All right, Mr. Attorney, does this include in this resolution the concerns? Mr. Anderson: The resolution is worded the same way, that it is for the exclusive use of the residents and owners. Mr. Dean: All right. Okay, Mr. Watson? Mr. Watson: Thank you. May it please the Board, my name is Jack Watson, my address is 12600 Old Cutler Road. I represent the applicant. This is the same type of application es the one that you just approved. This is our second appearance here. We were asked at the last meeting to go back, and get everything in writing. I believe that we have done this. We've seen the copies of the resolution, prepared by the City Attorney's Office. We've listened to the com- ments from the Public Works Department. We agree to the conditions, as not only to the conditions prepared by the City Attorney's Office, but we also accept those imposed by the Department of Public Works. We've done everything that we possibly could to work with the Planning Staff. I think we've done this. There is one thing, though, that I do want to clear up that was in the Record last week, that really doesn't have anything to do with this particular application, but when a statement is made and I find that we are in error, then I think we should correct it. It had to do with an objector that said that they had seen a type of brochure relative to the use of the building. Mr. Forte is here to tell you a little something about that. It doesn't have a thing to do with the docks, but I want to set the Record straight, Mr. Dean, A11 right, Mr. Forte? n LC 1 a f November 4, 1974 Item #2 O o Mr. Forte: Thank you, My _name is John Forte, 1 reside at 460 Salano Prado, in Coral GSbit s ° The•correct] opposed the f aci lin•es , or ��hateve:r she di'd oppose .' But she mall ,up,, brought a°. point t.o this Board,, the fact that hotel .fad..., Itie` Jot,' h itel ;rooms :n .the tricke-ll 3'ay Club', . and I denied. that there' ere`°.°arty. •hotea Yo6ms'. . • . . I denied that there was any' brochure .t'cea'ture' stating that there were hotel rooms. 0 ' I`went back, and I found out that Mrs. Alexander is correct, and that there is a.newsletter that went out, it was the first news- letter our publishing or public relations staff had printed up, and the word "hotel" was used in that newsletter. Now, the reason I bring this up, is because I do want to correct myself, because I was pretty adament at the time, that there was no such thing that was occurring, and I want to make it very clear that I was- I thought I was correct in that assumption, but she was correct. That word was used, but not meant to be used, it was in error. And as we are not zoned for hotel rooms, that we don't have hotel rooms, and I want to make that clear. Even though it's not an issue here, at this time. And, we do intend to give many hotel services in the building, but we do not maintain the hotel rooms. And, I just wanted to clear that up. Thank you. Mr. Dean: Thank you, very much. Mr. Watson: That's all we have, sir. Mr. Dean: All right, sir. Is there anyone in opposition? Mrs. Alexander: Selma Alexander, 2323 South Miami Avenue, for the Record. I have not had certain questions answered, by the Legal Department. And I have an additional brochure that came in the mail yesterday, I think, which I've turned over to Mr. Anderson, our Attorney. The first thing that not had answered, is, what is the status of this marina, which is not the legal possession of the condo- minium owners? The ownership of the marina stays with the developer, for him to do with whatever he pleases. And, I'm sure that they're going to build a beautiful marina, and there'll be lovely boat slips. But, suppose something happens, and he decides to sell it? What does that do to this document? How does this assure the condominium owners? Mr. Dean: Mr. Attorney? Mrs. Alexander: These are just questions, I -- Mr. Anderson: You will notice the resolution we have pre- pared, on the last page, Page Three, for your signature, Mr. Chairman, and the witnesses, and also a place for Notary's Seal. Now, this instrument will be recorded, and anyone who buys any of this property, or examines title to this property will know that these restrictions are placed on the property. And, I've shown this to Mr. Watson, and he had no objection to it. And, this will go for the other one, the other project, as well. So that this will be an Official Document in the Public Records of Dade County, Florida, as well as of the City of Miami. Mr. Dean; All right, Mrs. Alexander? Mrs. Alexander: Well, I don't know, as I said, I'm not a lawyer, and I could understand how this would protect the upland owners of the condiminiums. And, I accept Mr, Forte's apology. -8�- November 4, 1974 Item #2 .._ ,,. r • • Mr. Dean: He was a gentleman. Mrs. 41eltan0e r. Watson: No, sir. Mr. Dean: Okay. We will close the public hearing bortiof, and have discussion among the Bc•ard Members. Being no discussion among Board Members, the Chair is ready for a motion, Mr. Alfonso: I move to recommend, according to what has been set forth by the Department. Mr. Dean: All right, you have heard the motion by Mr. Alfonso, moving to recommend, in'accordance with the resolution, and as recommended by Staff, and the City Attorney. Mrs. Basila: Second. Mr. Dean: Seconded by Mrs. Basila. Under discussion? Being none, call the roll. Mr. Simpson: The motion on #2, "a", is to grant. One objection was received in the mail. Mr. Alfonso offered the following resolution, and moved its adoption: RESOLUTION NO. ZB-167-74 RESOLUTION TO GRANT "CONDITIONAL USE" AS LISTED IN ORDINANCE NO. 6871, ARTICLE IV, SECTION 23 (2) (b), TO PERMIT CONSTRUCTION OF MARINA FOR 70 BOATS, WITH PIERS AND PILINGS EXTENDING 388' INTO BISCAYNE BAY FROM THE BULKHEAD LINE, IN CONJUNCTION WITH BRICKELL BAY CLUB, LOCATED AT LOTS 70, 71, 72, AND 73, BLOCK "B", FLAGLER MARY BRICKELL (5-44); AT 2333 BRICKELL AVENUE; ZONED R-5A (HIGH DENSITY MULTIPLE). Upon being seconded by Mrs. Basila, this resolution was passed and adopted by the following vote: AYES: Messrs. Alfonso, Gort, Silverman, Dean. Mmes. Basila, Callahan. NAYES: None. ABSENT: Reverend Johnson. Mr. Simpson: Unanimous. Mr. Dean: All right, the "b" portion. Mr. Alfonso: Move it. Mrs. Basila: Second. Mr. Dean; Moved by Mr, Alfonso, seconded by Mrs. Basila, again, under discussion? Being none, call the roll, Mr, Simpson: The motion on #2, "b", is to recommend. (Continued on Next Page) November 4, 1974 Item #2 Mr, Alfonso offered the followihq resolutioh, and moved its adoption: RESOLUTION NO, t -168-74 RESOLUTION RECOMMENDING THE REQUEST FOR PERMISSION To DREDGE HAY BOTTOM LAND CONTIGUOUS TO LOPS 70, 71, 72, AND 73, BLOCK "13", FLAMER MARY HRICKELL (5-44), AT 2333 HRICKELL AVENUE, FOR MARINA UNDER CONCURRENT PETITION FoR "cal- DITIONAL USE", AS PER PLLN ON VILE: ZONED R-5A (HIGH DENSITY MULTIPLE). Upon being seconded by Mrs. Basila, this resolution was passed and adopted by the following vote: AYES: Messrs. Alfonso, Gorto Silverman, Dean. Mmes. Basila, Callahan. NAYES: None. ABSENT: Reverend Johnson. Mr. Simpson: Unanimous. Mr. Watson: Thank you very much. Mr. Dean: Thank you for coming. November 4, 1974 Item #2 i 2.313. BRICKfLL AVENEL' , f�. Ltits 70, 71, 72 and 73 Block "13", "4v FLAGLCR M)\RY 13fICKI LL ,5-44) . (a) "Conditional Use" as listed in Ordinance No. 6871, ,\PTI;_'LL IV, Section 34 (2) (b), to permit construction of "farina for 70 Boats, with piers and pilings extending 38e' into Biscayne Bay from the bulkhead line, in conjunction with frickell Bay Club located at above address; zoned R-5A (ilicih Density fi;itiple) ecretary filed proof of publication of Legal Notice of nearing, hd administered oath to all persons testifying at this hearing. PLANNING DEPARTMENT RECOMItENDATION 7. ?a) "APPROVAL SUBJECT TO TILL FOLLOWINe CONDITIONS" 1. Use of the proposed marina facility be for the exclusive enjoyment of condominium owners, residents and their quests as intended for ancillary uses in the R-5? District. 2. Parking standards to satisfy quest requirmenets e,tablishrd in the new provisions for "Wet Storage of Marine Vcsse i ' be provided in addition to required parking already satis- fied by previous PAD Standards for the F;rickell Hay Club. 3. That an instrument be prepared by the applicant and/or his attorney documenting those review items outlined in the applicant's letter of October 2nd, 1971, exclusive of Items 1 (USE) and 4 (PARKIN( . 7. (b) "APPROVAL It: ACCORDANCE WITII ENVIRONMENTAL s'I'U?) tE PREPARED FOR REVIEW I3Y THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Evidence by a designated marine biologist indicates little or no environmental impact to bay bottom lands contiguous to the proposed marina facility. Mr. Dean: Staff? Mr. McLean: The Planning:( Department has evaluated th" petition for a "Conditional Use" for a seventy boat I'l-rina, .an: the request for permission to dredge the bay bottom land contiguous, in the "b" portion. And, recommends the "a" portion, "Approval, s •e jeet to the following conditions", and these conditions I think the•, are mentioning for the Record again. (See above statement not reecste.'.' The Staff has very carefully evaluated t-hP proposed :project in terms of the Planning Department's proposed legislation, for wet storage of marine vessels. We felt it imperative that :since we 3o have this pending documentation, and pending legislation, that any proposed marina facility be evaluated in terms of that. AnJ, that conditions he placed upon the petition for a marina, in lieu cif having this legislation that would basically agree with the intent of the legislation, and assure us that we wi11 have - the City, the cte"neral public, would have a safe and attractive marina facility, exclusive" for the use of the site residents. We have mot with the applicant, I believe the applicant can speak to, and att.e.t to that, that. T believe we have agreed. As far as the conditions, he may have some additional comments to make. I might add, that on the "h" portion, we have reviewed the enviren nental studies submitted by the applicant, as required by the State Department of Natural Resources. The project will have to be, as I understand, reviewed by the Department of Natural Resources. But cased on the submissions at this time, the Department sees no injury to the bay bottom lanc'I, or any cause to stay this reyucst for dredg- ing facilities. basically, what the Department is really requesting on thie, i a Legal Instrument to go alone with the October 2nd Letter, that is in the •Board's file. And that letter outlines pretty well in detail, the stipulations that the Department would like to see thin project ieveloped with these stipulations in mind. And the applicant is of• -42- October 7, 1974 Item K7 illifig to met these conditions, and the Department is ri 11-incr to Xtend a recommendation for approval of the project. :•ir. Dean: A11 right, sir. Mt. Watson: May it please the hoard. "1y name is ,lack Watson, y address is 12600 Old Cutler Road. I represent the applicant, an,' ill try to be very brief. As you heard from the Planning Department, they have rocomrnende.i approval, subject to three conditions. We accept the' condition number 'nee On number two, we are told that based on the seventy boat :.1ior -hat we have, we are going to hav- to provide ah ,additional thirty - line spaces, and based on this, we accept number two. We accept number three, rind there is ore filed ohjr,-tor, hy its. Alexander, whose objeoti.on states that "since the cl "oloc,er h,r -eserved the ownership and development rights to the marine area, end it would not be restricted to the use of the condominium dweller is in essence, more liberal zoning for ,a commercial, ,an1,'nr =tub venture which is not to be allowc,d in the 1t-51'. ')n this basis;, am opposed." To satisfy Mrs. Alexander's objection, the owner, the developer, the owner, the applicant, agrees that the words "and their oursts" can .e deleted from Condition 'dumber One, and we will rent only to condo- ninium owners and residents. That completes our presentation. I have people here, that woo1S answer any questions on the Board might have. '!'hank you. Mr. Dean: Thank you vary much. Then , if you don't have anythine, we will revert - t1r. Silverman: What do you mean by "condominium owner's .tltJ residents", are you going to rent out? • `ir. Watson: It:'s possible, yes. Mr. Dean: All right, Mrs. Alexander? Mrs. Alexander: Selma Alexander, 2323 South Miami :•Ivenur. . I hate to always seem to be objecting. I think it's a beautiful project. however, I've passed in front of you a small document that was in "7iae Overview", a newsletter of the Florida Planning and Zoning Association, April 1974. And on the hack, it said somethings about condominium recreation leases. The man who wrote they article is a man by the name of Milton Field, and probably, you've all read it, because you all get this. And, when I read it, I thought this is very interestinu, I thought this was the great environmentalist, ecologist, .end theorist of all time. I find out he's a realtor. Which I think is most interestin'c, and most important. It seems to roe, that the applicant is willing to abide, hy certain of, or, go along with some of my objections. But, the point is, resi- dents and guests, he's willing to knock out the guests. But this is arickell Bay Club, which is separate and distinct from the condominium. The condominium document clearly states that the marina area is for the exclusive use of the developer, his heirs, and assignees. And, he can sell, rent, lease, or do anything he pleases with it. As he can with the rent leases, I had hoped that the State would do something about these leases on a Legislative level. However, I think it revolves down to us, on a local level, to see that we can stop these things on a Zoning level, Because where you don't have Unity of Title, where recreation lease and the riparian rights are against the best interests of the upland owners, in other words, this PJU) was predicated on a total -43- October 7, 19 74 Item 07 ofle piece of property. And, many many bonuses were given, and I will admit, it's a beautiful project. And, Mr. Porte want along With Most of the recommendations. Stit nowhere, and at no time, was the Department, or this i,oa r(d aware of the holding back of thes3 portions of property, the rights, the riparian tights, the wa:erfroat, et cetera. And, I would like to see it start out a little more clearly, than just 'condominium owners and residents' , because, what about the hotel rooms that were asked for? I understand that two floors ate goinc to be for rental of the developers. So, if - I don't know how this is going to work out in practice, but I think it's true. And this is not zoned for hotel or hotel use, this is zoned•for R-5A Residence. Mr. Dean: Mrs. Alexander, do you have anything that you would suggest, as to the wording. Mrs. Alexander: Well, I would prefer, and I have di_scus,od this with Mr. Anderson, or, at least I have let him look at the documents, and I think that this is something that the Legal Depart- ment must decide. I think this is very - as they say - a moot point. I'm not a lawyer. Mr. Alfonso: In other words, - Mrs. Alexander: Nor, am I a developer, I just know that - I read these things, and I follow what happens in the Lngislature, and I follow closely what happens here, and I think there's a great deal of division of opinion, as to the legality of the zoning in this case where the ownership of the property is divided, where the PAD was issued on the basis of a total piece of property, and these rights were held back. And, all I can do is turn it over to you, and say - "Zoning d3od}.es".to quote from this article that "Zoning Bodies and their Members must enter into the Record by direct question, all pertinent facts relating to any project involving two or more persons. It should be noted, where water related condominiums have been built with lease procedures, many unit owners still don't realize that some developers have gone so far as to separate the riparian water rights from the property, for business reasons, and this too, must come under full disclosure laws." And that's the only thing - I'm simply posing questions. And, I based my objection on these factors. And, I think we have to deal with the lawyers. . . . Thank you. Mr. Dean: Thank you very much. Sir? Mr. Riddle: Mr. Chairman, Members of the Board. My name is Bruce Riddle, and I am Vice President and Director, with the Tropical Audubon Society. It is our belief that this request for a marina construction, and its attendant dredge request, constitutes further environmental degradation of Biscayne Bay. The Brickell Point Area of the Bay is probably the most produc- tive region in the Bay, north of the Rickenbacker Causeway. To permit additional dredging, in an already stress envii onment, is not consistent with the recently passed Legislation, whic'l created an aquatic preserve of Biscayne Bay. This included all areas of the Bay, within Dade and Monroe Counties. Nor, is it in the interests of the Citizens of Dade County, nor in the interests of the Boating Public in general. This permit of the construction of this pier and marina, will create, in addition to others , perhaps, three such facilities between 15th Street and 23rd Street on the Bay. The shortest of these will -44- October 7, 1974 Ttem 1f7 extend for three hundred eighty-eight feet into Biscayne Bay. The 10 igest Will extend some five hundred sixteen feet into Bi sca.mr %lay. /nc1, all would be within eight blocks of one ancther. We are also concerned with the possible detrimental effects, which oil, gas, and other Petroleum products will have on the waters Of the f3ay. The dredge operation will !loud the water with silt, and will destroy the marine algae and gras3es, which have populated thi c: area of Biscayne Bay. The . . flora and fauna in areas adjacent to the site ht' adversely affected as well. These piers, and adjacent precdistaries will change water flow patterns, and will create deep areas where an accumulation of organic debris will decay, and reduce the desirable oxygen levels required for fish, crabs, an' n " ^r marine species. Through proper zoning, the integrity, esthetics, and environ- mental qualities of Biscayne Bay, in fact, can be enhanced. We are confident that the financial feasibility of these projects will in no way be impaired, by the inability of the developer to con- struct the marina, and pier. Substantial profits still will be made by the developer. Therefore, Tropical Audubon Society would request that this application be denied. Mr. Dean: All right, thank you, very much. Anyone else? Sir, we will revert back to you for rebuttal. Mr. Watson: Yes, sir, in rebutting, a short rebuttal.. Lot: me just say this, that Mr. Forte has agreed to the recommendations of the Planning Staff, in this, as he did in the part. He's even done a little more than that, he has restricted the use of the marina facilities - the Planning Department had "and its guests", we've taken the "quest" situation out of it, and it only can be - only going to be able to rent to some of our condominium owner, or resident that's living there. We have the Marine Biologist here, if you want to go into a long prolonged hearing on Florida Environmental Studies. The Planning Department has taking, and the report of our Maine Biologist, lave gone over it, and studied it, and have made recommendations to you; we concur with that recommendation. If you want to talk to the Marine ^in]^^ist, he's here, but he's - the only thing he's going to tell you, is just what it says in this report, it indicates little or no environmental impact to the Bay 'ottom Land. So, it's up to ybu, that's the only thing I have. Mr. Dean: All right, thank you very much. We will close the public hearing, and have discussion among Board Members. Mr. Gott? Mr. Gort: Mr. Chairman, a question I woule like to ask the applicant is, w}.o owns the marina? Mr. Watson: The applicant. Mr. Gott: The applicant. Mr. Watson: Yes. Mr. Dean: Does that answer your question, captain? Mr. Alfonso; If I may, I am going to make a comment here, Mr. Chairman. Mr. Dean; Did that answer your question, Mr. Gort: Yes, thank you, Lid -.0 Lev Mr, Gort? -45- October 7, 1974 Item #7 F1/4.,)(10,„..' 01N" Mt, Kean: All right, fir, Alfonso. `4r. Alfonso: itr. Chairman, T believe we ate living in a inc ineht of distress, Crisis, we don't know if a fellow can pny his mortgage sometimes with the problems of financing, and, here, we have in 7, "b", it says "Approval in accordance with environmental studies prepared for review ray the State of Florida Department of ►datural Resources. Evidence by a designated marine biologist indicates little or no environmental impact to bay bottom lands contiguous to the proposed marina facility." In other words, they don't feel any problem with this marina being built. end, we have to face the reality, This developer, even took out the word "quests", trying to do the best, Mr. Forte, and the last time he was here, he tried to work through the Department, he went through the PAD. He was one of the first, the biggest project that was developed here. 'end, I am in favor to recommend this, subject to the conditions of the Department. Mr. Dean: All right, Mr. Campbell, I see you are on your feet for the first time, and I'm happy to see that. Mr. Campbell: I would request that the Board, when they make a deliberation on this, the consideration of the Page Two or '•tr. Forte's letter, Mr. Ilefley's letter concerning this, there is a mention of the provision for sanitary facilities in the marina. Mr. Dean: We don't have Mr. Forte's letter. Mr. Campbell: inr. lle`ley's letter, it's from VTt1 Incorporated. Mr. Dean: Yes, here it is. Mr. Campbell: Well, ,anyway. They have an item for sanitary here, which among other things, it says, that "The project will include at least one pumpout facility connected to the City sewer." The sanitary facility in llrickell Avenue was designed and built according to the zoning, R-5A, and built to accommodate this zoning. The Department of Public Works, would respectfully request the Hoard, in their deliberation, if they so desire to approve this, to require the developer to furnish the Department with the necessary informa- tion, so that we may evaluate the possible impact that the sanitary facilities in the marina might have on the City sowers. Mr. Dean: All right, sir. Do you accept that? Mr. Watson: He says he wants information on what? My client wishes to know. Mr. Silverman: I think what he's - he said he wants to know is information about what the sewer situation is going to be, generated as a result of this, so that t`iey can build bigger sewers, I guess. Mr. Watson: We will give you the information, the best we can. Mr. Silverman: 'ir. Chairman, may I raise one point? Mr. Dean: All right. Mr. Silverman: In accordance with Mrs. Alexander's comment, I just want to put something in the Record, so that later on, there's no question. The intention, if this Board does grant you approval., is for the use of this marina to be used by the residents and owners of the con- dominium association. This would not be a public marina. This is not a commercial venture. This is not going to be docks where you slice fish, and sell, have charter boats, and all of that. Mr. Forte: No. • . S lverwa }. 00 , uu ullti rstand? r it And, you agree? October 7, 1974 item #7 Mr, 'carte: night, I do, Mr, Dean: Mr. Silverman, }ou're not saying that I can't go there? Mr. Silverman: Well, if you own an apartment Mr. Dean: Well, that's another horse of a different color. If I can't go there, a man of color. My goodness, is that true? Mr. Watson: We are going along with the recommendation of the Department. Mr. Dean: You're sure I can't go there? Mr. Forte: Sure, if you are h renter. Mr. Dean: Oh. Mr. Silverman: If you're a resident of the Mr. Dean: Now I understand you to say here, I thought you meant I was a resident of the City of Miami. I'm asking you all a serious question, you might think I'm joking, but I ain't. Are you sure I can't go there? Take it easy Mr. Simpson, don't get excited. Okay, Mr. Silverman? That's it? Counsellor, you look litre you want to say something. 14r. Anderson: Yes, I do. I just want to make sure that we get the variance subject - if this Board approves the variance, subject to an Agreement by and between the City of Miami and the Owner. We had a case this riornittct, just for the toard's information, in which the Board apparently intended to do one thing, an they didn't put it in the resolution, and even though the developer made certain representations at the time, the Court went along with the developer on doing something else. This happened to he Sailboat Bay, where the developer came before the Board, and asked for . . . Mr. Dean: well, then, what I'm understandinc, then, - Mr. Anderson: I just wanted it subject to . . Mr. Dean: I would like to have everything before me, so that I may read it before I vote on it. Based on what I'm hearing you saying. Mr. Anderson: Well, I understand what the Board's intention is. And, I would like to get an Agreement up, between the appli- cant, and we wouIC word . . . Mr. Dean: Well, I would like for them to cone back, and let me see it. Mr. Anderson: Well, that's up to you. Mr. Alfonso: I dont' see any reason what . . • Mr. Watson: Mr. City Attorney, I think you said "Var.iancp", I think it's probably a "Conditional Use", we all know the Hoard can condition either a variance or a "Conditional Use". The Planning Department has recommended what conditions we put on there, they are spelled out in writing. We accept the cont'i'-inns. That's a - and as one of the conditions provides that we enter into an Agreement with you, to your satisfaction, tk'at's what we're going to do. Mr. Anderson; All right. Mr. Alfonso: Is that good enough? Mr. Anderson; That's good enough, and we'll make sure that t1w Agreement is entered into. Mr, Alfonso: I am ready to move, Mr. Chairman. -47- October 7, 1974 Iterl #7 Mr. 5 'lVerman: Mrs. Alexander has a question. Mr. Dean: A:,1 right? Mrs. Alexander: I still would be very happy, if this Board would question just whet Hotel facilities are going to be avai Ia'ile, that ate not allowed. Mr, Silverman: Whet do you have to say about that? 11r. Forte: That is not even before this Board. Mr, Silverman: Does that mean you are not going to have any hotel rooms? Mrs. Alexander: I have something very specific in mind 1 have in mind the fact that there are areas that •1111 he rented out as hotel suites, by the I3rickell Bay Club. And, thi.; will be a hotel operation, it's in the brochures, it's - when you call un on the telephone, you find out that, I believe it's the seventeenth and the twenty-first floor reserved to the lrickell Bay Club, which is not the condominium asdociati.on. Which will be for rent, as hotel suites. That's it. There again, is a question of who are the residents. And - '1r. Forte: I have no idea what she's talking about, there are no hotel suites in this buildings, there have never been any hotel suites in this building, and I don't know where she's getting her information from. And, there are no mention of hotel rooms in any of our brochures. Mr. Alfonso: 1)o you have any brochure with you, Mrs. Alexander, that says that? Mrs. Alexander: I can get you the brochure, I'm sorry, I don't. have it tonight. It's a little newsletter, called "The Thumbprint", the one with the picture of Richard Whipple. Mr. Watson: Are you an owner, Mrs. Alexander? Mrs. Alexander: Yes, I'm an owner. Mr. Watson: Thank you. Mrs. Alexander: Umhum, no question, I'm an owner, I get all of your documents, so I can speak of true knowledge. Is that correct, Mr. Lawyer? Mr. Dean: All right, again, I reiterate my position. I want to see it be deferred, and bring all of these documents back before us, and I want to read them, before I vote. All the agreements between the Law Department, the applicant, and everything else. Everything's been mentioned here. Mr. Alfonso: We had better have a special meeting. Mrs. Callahan: We have a motion on the floor, maybe they will withdraw it. Mr. Alfonso: It will be a long meeting. Mr. Dean: '!'here's no motion. Mrs. CAllahan: Was there a second to the motion? Mr, Dean: 'L Lc re was no motion made. rir. Alfonso; Yes, sir, I made a motion to approve, subject to the conditions of the Department. Mr. Dean: Oh, you made a motion to approve, subject to all of the conditions of the Department? -98- October 7, 1974 Item #7 Mr. Alfonso: Yes sir, subject to all the requirements of the Departhehts, the legal Department, they ate ready_ to comply with, Subject td that. Mr. Dean: All tight, is there a second? Is there a second? All right, this died for lack of a second. A new motion is in order, (Discussion) Mrs. Callahan: I move to defer this item, until all of the instruments and documents have been prepared, and submitted to the Members of the Zoning Board, so that we may vote on it more intelli- gently. Mr. Dean: A11 right, is there a second? Reverend Johnson: Second. Mr. Dean: All right, seconded by Reverend Johnson. tinder discussion? Being none, call the roll. Mr. Simpson: This would be on both protions "a", and "b"? Mr. Dean: Yes, sir. Mr. Simpson: A11 right, defer - do you want to set a date for. that? Mr. Dean: How early can you get it brick on? As quick as they can get the Law Department to get together, and the documents neces- sary and all of this information we have discussed, into a resolution. Mr. Simpson: The next meeting is October 21st. The document would have to be in my hand by Thursday of this week. I'll have to prepare the agenda, tomorrow, with the stipulation that the document be in my hand by Thursday. Mr. Forte: We're not going to prepare any document, the City would have to prepare the document, and we would have to agree to your document. Certainly, we're not going to prepare one, and ask you to agree to ours, we're arrreeing to you. And, I'd 1:..ke to say one other thing to th:_s Board. And, I'm not Fair Isle. And, I don't appreciate being put on te level of Fair Isle. I've developed two projects in this town, far, and I've come in front of this Board on both projects. One was the Forte Plaza Office Building. [ was the first one under your new Zoning Code on the f3rickell Avenue, on the office building. I've met every one of your criteria5, I've promised to meet every one, and I have. And, you can go see the office buildinu. I'm kind of proud of it, and I think the City is a little proud of it, since they gave me a Beautification Award on the building. I: met the requirements, I was Number One, under that. I came Number One in the City of Miami, under the PAD approval. I went and met with your Planning Department, and met all of your requirements. I compromised on everything that you asked for. You drew tl:e papers up, I agreed to do it, I am doing it, and I have done it. I'm coming in front of you with a proposal to put a marina facility here. I'm being accused of things I don't know what I'm being accused of. All I'm telling you is that, again, I'm agreeable to everything that your Department has said. Mr. Dean; Who is accusing you? Of anything? Mr. Forte: Mrs. Alexander, Mr. Dean: We're not referring to that.. nr. Fort: Ali right, then - M.r. Dean;• We're asking for 4 deferment - based on all of the 0- uctoper 7, 1474 Item o7 things th&t Were Mentioned here, We waht to get it down. That's all. Mr. Forte: I understand. '3ut I'm telling you, the procedure in which you have followed in the past, and which I have complied with you - 1r. Dean: If you agreed with the following of procedures, let's follow this one. That's all. Mr. Forte: But I'm not doing to draw an agreement. [ nev. r have. I will agree to anything that the -- Mr. Dean: I don't think that anyone made a motion asking :1r. Porte to do nothing. Mr. Forte: Well I think . Mr. Dean: I'm for direction, and I don't think I'm looking for it from you. Mr. Simpson: . . . the applicant and the City Attorney who will have to . . . and agree with . . Mr. Watson: Well, whenever the City Attorney provides me with an Agreement, we will be glad to look it over, and if it's satisfactory, we'll be down the next day with it. The question is, is when? When we will get it. Mr. Dean: You have agreed to one, two, three► and other things connected you agree to, and something that he mentioned, that I want to see down. And this is what we're deferring it for. Mr. Watson: Couldn't you, just as a matter of intrrest, [ know what you're going to do, but just as a matter of i.ntereset, couldn't you accomplish the same thing, by just conditioning this thing, at this hearing? Mr. Dean: No, sir, I want to move on the motion, rnovo on, I'd like to see it done this way. Do you understand the motion, now, Mr. Simpson? All right, call the roll. Mr. Simpson: There is no date set, then? Mr. Dean: I asked you what date you had open, and that they could refer it back. Mr. Simpson: All right, we will leave it - if I can have the document by 'Thursday, so that it's properly in my file ten days prior, we can schedule it for the 21st of October. If not, the next date would be November Iltn. I beg your pardr•n, November 4. Mr. Dean: All right, call the roll. Mr. Watson: When is it going to be, shouldn't we hear from the Attorney, as to when we were going to be provided this Agreement that we're supposed to sign? That's the intent of the motion, as I under- stand it. Mr. Anderson: Well, I couldn't tell you tonight, when I. can got to prepare it, that is part of the problem. I hope to have it by Thursday, and then, I can give you a call. Mr. Dean; Mr. Simpson? Mr. Simpson; Well, tommorow morning we prepare the proper ad and the agenda for our next meeting, which is the 21st, Mr. Alfonso: Call the question, "SUPPORTIVE DCCU ENT F LL W" -�5q-- Octok er 7, 1974 Item 17 Mr. Silverman: Are you under some pressi're? Are you going th Start building the marina? Mt. Forte: The problem is, that this is one step of many steps that must be taken, in order to build this marina. In order to keep it moving, we must know in the beginning where we stand, either it's 'yes', or it's 'no', and that's the simple answer I want from this Bcard, either it's 'yes', or 'no'. Any agreement you're going to draw up isn't going to mean anything, because I have to still get State approval on this, I have to go through so many approvals before this thing can ever be built, and - to stop it right in the beginning - if you want me to sign an Agreement I certainly will make that a condition upon before anything is ever done on this property, and I can only say that you can :stop - well, I have to submit a set of plans before I could even build it, and you could stop it right there, i` this Agreement is not made, and entered into, whatever Agreement you were talking to. Mr. Anderson: I don't know whether my statement was confused, or not. I just wanted, you know, the variance subject to an Agreement satisfactory to the City Attorney's Office. Mr. Forte: We agreed to that. Mr. Anderson: Yes. And, I didn't necessarily mean that I had to have it before the varinace was approved, just that, I wanted the conditions right in your motion for variance. Any anC all the con- ditions in the variance. And then we could make up the Agreement. So, I was not trying to hold this up, and I wasn't trying to accuse Mr. Forte of anything. You know - because at any rate - Mr. Forte: I didn't mean that you were trying to accuse - Mr. Anderson: That's all I'm saying, is that I, you I:now, wo:Yl'. like a variance subject to - Mr. Forte: I think the City ought to he protected. I'r ..illir.c to do it. It's that simple. Mr. Watson: And we agree to it. Mr. Dean: All right, Mr. fimpson. Mrs. Alexander: I just want to say that I'rn not - Mr. Dean: You're out of order Mrs. Alexander. Mr. Silverman: I will ask her. 'ir. Dean: Go ahead. Mrs. Alexander: I just said, I am not in the business of accusing people, either. I just thought that this Board needed to have some questions answered, that I thought were properly pose.l. Mr. Dean: All right, have you got the date, Mr. Simpson? Mr. Simpson: Mr. Chairman, you had better make it Novr^i'.'or llt`r. Because I can't get anything definite. bir. Dean: Okay, November llth. Mr, Simpson: Or, November 4th. Mr. Dean: November 4th, Call the roll. One objection was received in the mail. (Continued on Next Page) IF ice, 1w�,%1 s J , .L.0 v October 7, 1974 Item #7 Mrs. Callahan offered the following resolution, and moved itS adoption: RESOLUTION NO, ZB-3 57-74 RESOLUTION TO DEFER UNTIL NOVEt1I3F R 4TH, 1974, THE PI;T f TIoNS FOR: (a) "CONDITIONAL USE" AS LI5TEU IN ORDINANCE NO. 6871, ARTICLE IV, SECTION 23 (2) (h) , TO PERMIT CONSTRUCTION OF MARINA FOR 70 BOATS, WITH PIERS AND PILINGS EXTENDING 389' INTO BISCAYNE BAY PROM THE 13UL1SUEAD LINE, IN CONJUNCTION WITII I3RICKELL BAY CLUB IOCATED ON LOTS 70, 71, 72 AND 73, BLOC1 "13", FLAGLI R MARY HRICKELL (5-44) , AT 2333 BRICKILL, AVENUE; ZONED R-5A (HIGH DENSITY 1UL'rIPLE) . AND, (b) REQUEST FOR PERMISSION TO DREDGE NAY BOTTOM LAND CONTIGUOUS TO ABOVE PROPERTY FOR MARINA UNDER CONCURRENT PETITION FOR "CONDITIONAL USE", AS PER PLAN ON FILE; ZONED R-5A (IHIGIl DENSITY MULTIPLE). Upon being seconded by Reverend Johnson, this resolution was passed and adopted by the following vote: AYES: Messrs. Gort, Johnson, Silverman, Dean. Mmes. Rasila, Callahan. NAYES: Mr. Alfonso. Mr. Alfonso: (On Roll Ca)l) Before I vote, T want to state why I am going to vote. I don't feel the reason to postpone, on this item. I trust the wisdom of the Legal Department. That is the reason I don't see any reason whatsoever to defer this item. For that reason, I vote "No". Mr. Simpson: The motion carries, six, one. -52- October 7, 1974 Item #7 4 i 9 10 11 12 13 14 15 16 17 18 2U 21 22 23 24 25 25 27 28 29 30 31. 32 33 RESOr t;T C0 Ji i o . 73-1 A RESOLUTIONI GRANTING PERMISSION TO DREDGE THE AREAIN ISCA�C lE BAY COL'Jy G` S LOTS : • I: �30La TO LG.LU 70, 71, 72 Ai D 73, BLOC. "B" , FLAGLER I•IARY BRICKELL (5- 44) , AT 2333 I3RICKELL AVENUE, IN CONJUNCTION WITIi PROPOSED I.1ARINA, AS PER PLAN ON FILE; ZONED R-5A (HIGH DENSITY MULTIPLE) , SUBJECT TO TEIE FOLLOWING CONDITIONS; (1) THERE SHALL BE NO GAS OR DIESEL PUMPS ON THE DOCKS, (2) THERE SHALL BE NO COMMERCIAL USE OF THE MARINA, (3) THERE SHALL BE NO ACCESSORY USE STORE AT THE MARINA SITE, (4) THE CITY OF MIAtlI SHALL BE GIVEN THE FILL OBTAINED BY DREDGING THE BAY BOTTOM AND SAID FILL SHALL BE PLACED IN A CONVENIENT LOCATION FOR EASY PICKUP, (5) THE ROOF OF THE EXISTING MULTI -STORY BUILDING OWNED BY THE APPLICANT AND BUILT UPON THE PROPERTY ABOVE DESCRIBED WILL BE LEFT CLEAR TO PERMIT POSSIBLE LANDING OF HELICOPTERS ON THE ROOF AREA, (6) THE APPLICANT SHALL PERMIT THE CITY OF MIAMI TO PLACE AN ANTENNA ON THE BUILDING CONSTRUCTED ON THE ABOVE DESCRIBED PROPERRTY, (7) THE "SET BACK" SHALL COMPLY WITH THE PLANNING DEPARTMENT' S REQUIREMENTS FOR "SET BACKS"'8 THE AIPLI- CAnT SttALL .NUT Pt;ti:tL'i L1VLNG ABOARD ANY VESSELS,WCT!LLN THE ;iAitINA,AND SHALL PROVIDE A CLAUSE IN EACH AM) EVERY CONTRACT OR LEASE WITH THE USERS OF ITS DOCK FACILITIES THAT THERE WILL BE NO "LIVE ABOARDS" PERMITTED AT SAID DOCK FACILITIES; AND '(a THERE SHALL BE COMPLETE COMPLIANCE WITH CHAPTER 24 OF THE CODE OF METROPOLITAN DADE COUNTY AND CHAPTER 403 OF THE FLORIDA STATUTES; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH TIE APPLICANT TO PERMIT THE DREDGING OF BISCAYNE BAY IN ACCORDANCE WITH THE PROVISIONS AND CONDITIONS OF THIS RESOLUTION,, WHEREAS, the Miami Zoning Board, at its meeting of November 4, 1974, Item n2(b), following an advertised hearing adopted Resolution No. ZB 168-74 by a 6 to 0 vote (one member absent) recommending the request for permission to dredge the area'in Biscayne Bay contiguous to Lots 70, 71, 72 and 73 in conjunction with proposed Marina, as per plan on file; and CITY COMMISSION MEETING OF JAN 91975 R Q Uflon NO. `i: -1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 }8 19 20 21 22 23 24 25 26 27 23 29 30 31 33 34 WFTERS S, the Ci t-y Conuni .sion finds it advisable and in the best .interest of the inhabitants of the City of Miami to approve the dredging of the area in Biscayne Bay contiguous to Lots 70, 71, 72 and 73, Block "B", Flacjler Mary Br. ie:ken. (5-44) at 2333 Brickell Avenue, 1 subject to conditions as hereinafter set forth; NOW, THEREFORE, 13E IT RESOLVED BY TIDE COMMISSION OF THE CITY OF Iilt •iI, FLORIDA: Section 1. Tile request for permission to dredge the area in l3iscayne Bay contiguous to Lots 70, 71, 72 and 73, Block "8", Flagler. Diary Brickell_ (5-44) , at 2333 Brickell Avenue, in conjunction with proposed Marina, as per plan on file; zoned R-5A (1i_iyh Density Multiple), subject to the following conditions: (l.) There shall be no gas or diesel pumps on the docks, (2) There shall be no commercial use of the Marina, (3) There shall be no accessory use store at the Marina site, (4) The City of Miami shall be given the fill obtained by dredging the bay bottom and said fill shall be placed in a convenient location for easy pickup, (5) The roof of the existing multi -story building owned by the applicant and built upon the property above described will be left clear to permit possible landing of helicopters on the roof area, (6) The applicant shall permit the City of Miami to place an antenna on the building constructed on the above described property, (7) The "set back" shall comply with the Planning Department's requirements for "set barks", (8) The applicant shall not permit living aboard any vessels within the marina and shall provide ,a ciCh and every contract or lease with the users of its dock facilities that there will be no "live ;Ibonrds" permitted at said dock facilities; and (9) There shall. be -9- "S UP PORTJVE DOCUMENTS ENOW" complete Compliance with C:h .pLer 24 o.E: the Code of Metropolitan Dade Count:, and Chapter 403 of the Florida Statutes; and subject to the applicant's securing approval of all necessary govern. :witch agencies and subjcci: to the submission by the applicant of the necessary application, fee, performance bond, and other required documents or plans pursuant to the City of Miami i Code, be and the same is hereby granted. Section 2. The City Manager and City Clerk are hereby authorized and directed tp enter into an Agreement with the applicant to permit the dredging of Biscayne Bay in accordance with the provisions and conditions of this Resolution. PASSED AND ADOPTED this 9 day of JANUAFI' 1975. H , CITY CLERK PREPARED AND APPROVED BY: MICHEL E. ANDERSON ASSISTANT CITY ATTORNEY APPROVED. AS TO FORMA ARID CORRECTNESS: JOHN S . LLOYD CITY ATTORNEY VA1IR1CF A. FERPF MAYOR << OR-1 NE FOLLOW". 6 ;3.