HomeMy WebLinkAboutR-75-00752
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MEA
1/8/75
RESOLUTION NO. 75-75
A RESOLUTION GRANTING PERMISSION TO DREDGE
THE AREA IN BISCAYNE BAY ADJACENT TO `LOTS
53 THROUGH 62, BLOCK "B", FLAGLER MARY BRICKELL
(5-44), AT 1901 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 FACILITIES AND
THAT THERE WILL BE NO HOUSE BOATS PERMITTED TO
DOCK AT THIS FACILITY AT ANY TIME, AND (9) 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. "DOCUMENT INDEX
ITEM
WHEREAS, the Miami Zoning Board, at its meeting
of November 4, 1974, Item #1(b), following an advertised
hearing adopted Resolution No. ZB 166-74 by a 6 to 0 vote
(one member absent) recommending the request for permission
to dredge the area in Biscayne Bay adjacent to Lots 53 through
62 in conjunction with proposed Marina, as per plan on file;
and
CITY COMMIfli,49N
MEETING OF
JAN 2 31975 .�j
R#IDWTION MO., ,/6. "
REMARKS:
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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
adjacent to Lots 53 through 62, Block "B", Flagler Mary
Brickell (5-44), at 1901 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 adjacent to Lots 53 through 62,
Block "B", Flagler Mary Brickell (5-44),. at 1901 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 describes?
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 facilities and that there will be no
house boats permitted to dock at this facility at any time; and
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(9) There shall be complete compliance with Chapter 24 of the
Code of Metropolitan Dade County and Chapter 403 of the Florida
Statutes; arid subject to the applicant's seduring 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 23 day of JAi`JUARY
1975.
NAURICE A. FERRE
ATTEST:
H. D. SOIJMERII
CITY CLERK
PREPARED AND APPROVED BY:
?ICHEL E. ANDERSON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JOHN S. LLOYD
CITY ATTORNEY
3
MAYOR
he Ali ft 14ee l ► Tiof 11AMtFNtWs
tf$t iSHtt bAtLY
MUM bAbt 1tdltfbA
STATE 614 FLORIDA
COUNTY Or BADE:
'Before the undersigned authority personally ap=
peaked Dorothea Belida, who oh oath says that she is
Classified Office Manager of The 1VMiarrti Nerald & The
Miarni News, daily newspaper (s) published at Miami
in Dade County, Florida; that the attached copy of
advertisement was published in said newspaper (s) in
the issues of
Nov. 22) 1974
Affiant further says that the said The Miami Her-
ald & The Miami News is (are) a newspaper (s) pub-
lished at Miami, in the said Dade County, Florida,
and that the said newspaper (s) has (have) heretofore
been continuously published in said Dade County,
Florida each day and has (have) been entered as sec-
ond class mail matter at the post office in Miami, in
said Dade County, Florida, for a period of one year
next preceding the first publication of the attached
copy of advertisement; and affiant further says that
he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or
refund for the purpose of securing this advertise-
ment for publication in the said newspaper (s).
Sworn to and subscribed before me this 2 2 t h
7-17
day of.. NQV.... A.D. 19 7.4
NOtAk PUBLIC STATE OF FLOktuA AT LASO¢
My Commission expires ..MY COPom5fJON•EYPikEaMAR • 12,•t977
E~ONDED THRU GENERAL INSURANCE UNDERWR1rLRS
NOTICE OF PUBLIC HEARING
CLAUGHr(Y ISLAND DEVELOP
January 23. 1975
T,.n n',lan,t r_,tv Commission w,r,
der recommendations for
,_,.,ugnton Is,and, a a.t•.cre island
'..cated ,n R,scavne Bev, as a Or
reinernent 0` Reo'onal Impart, nn;
the Issuance of a devPlonmerf
ag aer, in oubfiC hearsno as IP.
anted by Cisaoler 38006 Ftnrirs::
tii.,h,tes at 3.00 ts'Clock P.M. nr
.�ursday.,l' JH.nllary 3510 P.tn9Ai er
,an Dr,ve. [sinner Kev, hSsam',
ua.
H. D� SOUCL1TYCRK.
CITY OF MIAMI, FLORIDA'
f•.,.v. 1974
11,9410H
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MEA
12/5/74
CITY COMMISSION
MEETING OF
DEC 1 71974
AOING.
r: /; ,
RESOLUTION NO,
A RESOLUTION GRANTING PERMISSION TO DREDGE
THE AREA IN BISCAYNE BAY ADJACENT TO LOTS
53 THROUGH 62, BLOCK "B", FLAGLER MARY BRICKELL
(5-44), AT 1901 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 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 Zpning Board, at its meeting
of November 4, 1974, Item #1(b), following an advertised
hearing adopted Resolution No. ZB 166-74 by a 6 to 0 vote
(one member absent) recommending the request for permission
to dredge the area in Biscayne Bay adjacent to Lots 53
through 62 in conjunction with proposed Marina, as per plan
on file; 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 the area in Biscayne
Bay adjacent to Lots 53 through 62, Block "B", Flagler
Mary Brickell (5-44), at 1901 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 adjacent to Lots 53 through 62,
Block "B", Flagler Mary Brickell (5w44), at 1901 Brickell
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Avenue, in conjunction with proposed Marina, as per plan
file; zoned R-5A (High Density Multiple) , subject to the
foil in conditions: (1) There shall be no gas or diesel
pumps
the docks, (2) There shall be no commercial use of
the Mari\ia, (3) There shall be no living aboard vessels,
(4) Thereshall be no accessory use store at the marina site,
jF
and (5) Thdre 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 APPROVED AS TO FORM AND CORRECTNESS:
/ JOHN S. LLOYD
City Attorney
2.
MEA/cs
11/12/74
RESOLUTION NO.
A RESOLUTION GRANTING PERMISSION TO DREDGE
THE AREA IN BISCAYNE BAY ADJACENT TO LOTS 53
THROUGH 62, BLOCK "B", FLAGLER MARY BRICKELL
(5-44), AT 1901 BRICKELL AVENUE, IN CON-
JUNCTION WITH PROPOSED MARINA, AS PER PLAN
ON FILE; ZONED R-5A (HIGH DENSITY MULTIPLE).
WHEREAS, the Miami Zoning Board, at its meeting
of No4ember 4, 1974, Item #1(b), following an advertised
hearin, adopted Resolution No. ZB 166-74 by a six to zero
7
vote (ohe member absent) recommending the request for per-
mission to dredge the area in Biscayne Bay adjacent to •
Lots 53 through 62 in conjunction with proposed Marina,
as per plan on file; 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 the area in Biscayne
Bay adjacent to Lots 53 through 62, Block "B", Flagler
Mary Brickell ('5-44), at 1901 Brickell Avenue, in conjunc-
tion with proposed Marina, as per plan on file, as herein-
after set forth;
NOW, THE#FORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI', FLORIDA:
ti
Section 1.. '.The request for permission to dredge
the area in Biscayne Bay adjacent to Lots 53 through 62,
Block "B", Flagler Mary Brickell (5-44), at 1901 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.
•
MAYOR
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ATTEST!
CITY CLER
t/-
PREPARED AND APROVED BY:
Thrl
MICHEL E. ANDERSO
Assistant City Atprney
APPROVED AS TO FORM AND CORRECTNESS:
.N S. LLOYD
ty Attorney
- Page 2 of 2 -
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1tf of
Honorable City Commission
Attention: Mr. P, W, Andrews
City of Miami, Florida
Gentlemen:
ti
November 7, 1974
re: DREDGE BAY BOTTOM LAND - RECOMMENDED
1901 Brickell Avenue
Lots 53 thru 62, Block "B",
FLAGLER MARY BRICKELL (5-44)
Applicant: American Design and
Development Corp.
The Miami Zoning Board, at its meeting of November 4, 1974, Item 41(b),
following an advertised Hearing, adopted Resolution No. ZB 166-74 by
a 6 to 0 vote (one member absent) Recommending the request for per-
mission to dredge area in Biscayne Bay adjacent to Lots 53 thru 62,
Block "B", FLAGLER MARY BRICKELL (5-44), at 1901 Brickell Avenue,
in conjunction with proposed Marina, as per plan on file; zoned
R-5A (High Density Multiple).
No objections were received in the mail.
A RESOLUTION to provide for the above has been prepared by the
City Attorney's office and submitted for consideration of the
City Commission.
Sincere
David Simpson, fir., Dijector
Department of Administration
Planning and Zoning Boards
cm
Z.M.37
Attached: Minutes
cc: Law Department
On November 4, 1974, the Zoning Board adopted Resolution No. ZB 165-74
GRANTING Conditional Use for a 99 boat Marina in conjunction with above.
NOTE: Planning Department recommendation: "APPROVAL IN ACCORDANCE
WITH RESOLUTION PREPARED BY LAW DEPARTMENT".
Tentative City Commission date: December 2, 1974.
1., 1901 DRICKELL AVENUE ►l "�-
Lots 53 through 62, Block "B",
4 !,`�✓
FLAGLER MARY BRICKELL ( 5 - 4 4) . �t'�� q
(a) "Conditional Use" as listed in Ordinance No. 6871, AR�'I'1Cuu IV,
Section 23 +;2) (b), to permit construction of 99-slip marina
in Biscayne Bay, adjacent to above site, with piers extending
a maximum of 496' into Bay; zoned R-5A (High Density rultiple).
and,
(b) Request for permission to dredge area in Biscayne Bay
adjacent to above property, in conjunction with proposed
marina as per plan on file; zoned R-5A (High Density
Multiple).
NOTE: Item #8 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 It) ACCORDANCE
WITH RESOLUTION PREPARED BY LAW DEPARTMENT"
(Note Memorandum and Attachments to Law Department,
October 16th, 1974.)
Mr. Dean: Before you call Item 01, do you want to let them
know that Reverend Johnson will not be here, tonight. And, those
that appear before the Board will have to have a four member voting
in favor of an application, or against, in order to seek approval
from this board, tonight.
This is a seven -member board, but it takes four out of seven.
I wanted to let you know that, tonight. For those of you who might
be coming for the first time, and by right we do grant a deferral
on the application which is appearing for the first time.
Would you call the first item, please.
Mr. Simpson, as this is one of the items that was deferred,
dealing with the marina, and the purpose of the deferral was to have
Staff, along with the applicant, both applicants, and the City Attorney
Office to come up with a resolution, and incorporate all of those
concerns that were raised at the last meeting. Is that right?
Mr. Simpson: That is correct, the City Attorney has prepared
such a resolution, in the form that it will be presented to the City
Commission, and you have it before you, this evening.
Mr. Dean: All right, will you swear them in. All :ight, Staff.
Mr. McLean: The Planning Department recommends approval, in
accordance with the resolutions prepared by the Law Department.
Mr. Dean: All right, sir, will you state your name and address
for the Record?
Mr. Silverman: Excuse me, Mr. Dean, I see there's a memo here,
from the Department of Public Works, perhaps you could calf upon them,
so that we can clarify the sewage problem in advance,
Mr. Dean: All right, Mr. Campbell?
Mr. Campbell; Yes, sir, Mr. Chairman, For the Record, I would
like to read the memo that we sent to Mr. Simpson, concerning this.
And, "The purpose of this memorandum" of course, "is to put in
writing our Department's position concerning the requested marinas for
the subject properties. These requests will be considered by the
Miami zoning Board on November 4. Items 1 and 2 of the agenda pertain
to this matter,
"'i'lie sanitary sewers in Drickell Avenue were not designed to
2� November 4, 1974 Item #1
accommodate the settiat a floc from marinas abutting the properties along
the hay. The City sanitary sewer system has only a very limited amount
of additional capacity and could not handle marinas with `live-aboards'
or 'overnight transients'. The marina 'usage would have to be legally
and permanently restricted to pleasure craft used by residents living
in the on -land apartments,
"It is very important that if the Zoning Board approves these
marinas they require final plans to be subject to the approval of the
Department of Public Works. This type of marina should require only
one pump. -out station and the sewage discharge rate shall he established
by the Department."
Mr. Dean: All right, thank you. State your name and address
for the Record.
Mr. Meucher: My name is Walter J. Meucher, I am the Assistant
Project Manager for Brickell Place Condominium, Item 1 on your agenda.
We agree to everything that has been written, and - I believe
that we have done everything that we can to comply with your request.
And, we agree to the request of the Planning Department, and Public
Works.
Mr. Dean: And the statement just made by the Public Works,
do you agree to that?
Mr. Meucher: Yes, sir.
Mr. Dean: All right, sir, that's all of your presentation?
Mr. Meucher: Yes, sir.
Mr. Dean: A11 right, those in opposition. Is there anyone in
opposition of this application. All right, do you have anything else
to say?
Mr. Meucher: No, sir.
Mr. Dean: All right, we will close the public hearing, and
have discussion among Board Members. Mrs. Basila.
Mrs. Basila: Mr. Chairman, just as a point of information.
Just to reassure myself. The applicant has a copy of the resolution?
Is familiar with the resolution?
Mr. Meucher: Yes.
Mrs. Basila: And of the recommendations, is that right, sir,
you have discussed them, and you know the whole story, right?
Mr. Meucher: Yes, ma'am.
Mr. Dean: All right, Mr. Silverman?
Mr. Silverman: Mr. Chairman. I would like to call on the Law
Department, to make sure that the resolution that they have prepared
specifically covers the requests of the Public Works Department.
Where it says that "it is very important that if the Zoning Board
approves these marinas, they require final plans to be subject to the
approval of the Department of Public Works".
I am not clear, whether or not that is contained in the resolu-
tion, that the Law Department has prepared, and if not, I think we
should amend it to include that statement, "subject to the approval
of the Department of Public Works".
Mr. Dean; Mr, Attorney?
Mr, Anderson; Well, we provided in there - of course, this is
the first time I saw the recommendation of Public Works, was tonight,
but we did provide that the use of the proposed marina will. be for
�3� November 4, 1974 Item #1
the exclusive enjoyment of cohdomihiUM owners and residents, as
inte►ded for ancillary uses in the R-5 toning district. So, we would
assume, you know, that if a person lives in the apartment house, or
is a resident of the apartment house, that they wouldn't be living
in the - in a boat on the - and then, we also have provided that
there world be a pump out facility, apparoved by the beparti;ient of
Public Works.
Mr. Simpson: Mr. Chairman.
Mr. Dean: Mr. Simpson.
Mr, Simpson: Any structures out in the Bay, of necessity,
must receive the approval of the Public Works Department. This is
a matter of routine. It must received the approval of the structural
design, and the facility, from the Public Works Department, before
the issuance of a Building Permit.
Mr. Dean: I think the applicants say that they agree to this,
but I think Mr. Silverman's concern is just to make sure that this is
in the resolution, as stated here, in the memorandum from them.
Mr. Silverman: They say there's no problem.
Mr. Dean: Okay, is there any further discussion? There being
none, the Chair is ready for a motion.
Mr. Gort: I will move to recommend. With the conditions set
forth by the Department.
Mr. Dean: A11 right, you have heard the motion, by Mr. Gort.
Is there a second?
Mrs. Callahan: Second.
Mr. Dean: Seconded by Mrs. Callahan. Under discussion?
Is the motion understood?
Mr. Silverman: In accordance with this resolution.
Mr. Dean: In accordance with this resolution, and as recom-
mended by Staff, and the Law Department. Okay?
Mr. Simpson: The motion on #1, "a", is to grant.
No objections were received in the mail.
(Continued on Next Page)
-. g.� November 4, 1974 Item #1
Mre Gott offered the following resolution) and moved its
adoption:
RESOLtiTION No, Z8-165-74
RESOLUTION TO GRANT "CONDITIONAL USE" AS
LISTED IN ORDINANCE NO. 6871, ARTICLE IV,
SECTION 23 (2) (b) , TO PERMIT CONSTRUCTION
OF 99--SLIP MARINA IN BISCAYNE BAY ADJACENT
TO LOTS 53 THROUGH 62, BLOCK "B", FLAGLER
MARY BRICKELL (5-44), AT 1901 BRICKELL AVENUE;
WITH PIERS EXTENDING A MAXIMUM OF 496' INTO
BAY; ZONED R-SA (HIGH DENSITY MULTIPLE).
Upon being seconded by Mrs. Callahan, 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, thank you very much for coming.
Mr. Simpson: No, we have a second part, Mr. Chairman.
Mr. Dean: Oh, yes, "b".
Mr. Simpson: Yes, on #1, "b".
Mr. Dean: Okay, on #1, "b".
Mr. Gort: I so move.
Mr. Dean: All right, moved by Mr. Gort.
Mrs. Callahan: Second.
Mr. Dean: Seconded by Mrs. Callahan. Under discussion?
There being none, call the roll.
Mr. Simpson: 0n Item #1, "b", this is a motion to recommend.
(Continued on Next Page)
November 4, 1974 Item #1
Mr4 dort offered the following resolutioh, and rnoVed its
adoption:
gtSOIXTIPN NO, Z8-46674
RESOLUTION TO RECOMMEND THE P,E4DUEST FOR
PERMISSION TO DREDGE AREA IN BISCAYNE BAY
ADJACENT TO LOTS 51 THROUGH 62, BLOCK "B",
FLAOLER MARY BRICKEIL (5-44), AT 1901
BRICKELL AVENUE; IN CONJUNCTION WITH PRO-
POSED MARINA, AS PER PLAN ON F/LE; ZONED
R-SA (H/GH DENSITY MULTIPLE).
Upon being seconded by Mrs, Callahan, this resolution was
passed and adopted by the following vote:
AYES: Messrs. Alfonso, Gort, Silverman, Dean.
Mmes. tasila, Callahan.
NAYES: None.
ABSENT: Reverend Johnson.
Mr. Simpson: Unanimous.
Mr. Dean: All right, thank you very much, sir.
Mr. Meucher: Thank you.
-6, November 4, 1974
Item #1
(a)
1901__.gRICKELL AVEt UE 7..)ii
Lots 53 through 62, Flock "I3" , J� ' c"' Ms
fi.,AGti•'R 1++RY BRIOItrt,L (5-44) ,�'r'
"Conditional Use" as listed in Ordimmnce No. 6871, ARTICIA; EV,
Seetion 23 (2) (b) , to permit construction of 99-slip marina
in
piers biscayne
zonedeRs5Ae(HighhlDensityeMultiile
Multiple).
and,
(b) Request for permission to dredge area in Biscayne Bay,
adjacent to above property, in conjunction with proposed
marina, as per plan on file; zoned R-SA (High Density
Multiple).
Secretary filed proof of publication of Legal Notice of Nearing,
and administered oath to all persons testifying at this hearing.
PLANNING DEPARTMENT RECOMMENDATION:
84 fa) 'APPROVAL SUBJECT TO THE FOLLOWING CONDITIONS"
1. Use of the proposed marina facility be for the exclusive
enjoyment of condominium owners, residents and their
guests as intended for ancillary uses in the R- \ district.
2. Parking standards to satisfy guest requirements established
in the new provisions for "Wet Storage of Marine Vessels"
be provided in addition to required parking previously
satisfied in existing municipal -developer agreements.
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 2, 1974, exclusive
of items 1 (USE) and 4 (PARKING).
8. (b) "APPROVAL IN ACCORDANCE WITH ENVIRONMENTAL STUDIES
PREPARED FOR REVIEW BY 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: All right, Staff?
Mr. McLean: The Planning Department recommends approval of
the "a" portion, subject to the following conditions - that are so
stated in the recommendation. These recommendations en the number
one item, "Use of the proposed marina facility be fore the exclusive
enjoyment of condominium owners, residents and their quests" -
I would again, in light of the previous item, I think "and their
guests" could be struck from this conditional.
So, I would clarify for the Board, these conditions, again,
are very similar, or are almost exactly the same conditions that we
required on the previous application.
We reviewed this again, in conjunction with the proposed
legislation, which will be going before the Planning Advisory Board
shortly.
On Item 43, it is tre Planning Department's intention, here,
to request that the applicant and/or his attorney, document the item
again in the October 2nd letter. from Mr. Hefley, which is part of
the file down here. '1'o stipulate these in a legaa. document. And
I believe, Mr. Camp1 11, as he i'ointed out in the previous item,
would also want more 1etail, in regards to the sanitary facilities,
as he requested on the past item, he wants a little more detail before
this legal document is agreed to on the part of Staff, and so forth.
Rut, this condition places the burden on the applicant to
prepare the legal document to submit it to Staff for review and for
the finalization with the City.
The "b" portion, we approve in accordance with environmental.
-53- October 7, 1974 Item #8
Sttkdies prepared for review by the State of Florida Department of
Natural Resources. Again, based on the reports submitted with the
application, we find no injurious or environmental difficulty that
would eatise ektreme injury to the Bay Bottom, in this area.
Record.
Mr. Dean: All right, state your name and address for the
Mr. Hefley: My name is John Hefley, I'rt an engineer with
the Firm of I3.'I'.N. , Inc. , 169 Miracle Mile, in Coral Gables.
I'm here tonight, with Mr. Walter 'leucher, of American Design
Corporation, the applicant in this particular item.
• The application is for a marina for Mahoutninety-nine boats,
for the exclusive use of the owners of condominiums. "Guests" could
be stricken from this first condition, as suggested hv Staff.
Ths situation in this application is essentially the same as
the one in the previous application. Our. Firm is representing both of
those items, from an engineering standpoint. And preparing the docu-
mentation for those projects.
Mr. Dean: Well, sir, I feel the same about your application,
as I feel about the other, and to defer this one the same way we did
with the other one.
Mr. Hefley: Then, we can all go home and watch the ball game.
Mr. Silverman: May 3 ask you sir, is this a land -lease, like
the other one, or not?
Mr. Hefley: Land -lease?
Mr. Silverman: Will the owners of the condominium own the
recreational area, and marina, or will the developer lease the land
and the marina and recreational facilities to the condominium owners?
Mr. Hefley: I am going to have to defer that answer, to
Mr. Meucher.
Mr. Meucher: My name is Walter Meucher, I am the construction
manager for American Design and Development Company, 1901 Brickell
Avenue. We are the developers of Brickell Place.
We are actually selling the slips to the cordominium owners.
The rights to the dock and the space around it wil] be under the
condominium owners' group or association.
Mr. Silverman: Let's hit it.
Mr. Dean: All right, that's all you have to -
Mr. Meucher: Yes.
Mr. Dean: Okay, then we will close the public hearing, and --
unless there is someone in opposition?
Mr. Riddle: Mr. Chairman, and Members of the Zoning Board,
my name is Bruce Riddle, again, of the Tropical Audubon Society.
Without repeating the . . . statement previously,. we will again take
the position that we believe these projects would in fact, have a
detrimental effect on the Bay Bottoms of Biscayne Bay.
The effect we are seeing here is the domino effect of total
pierage up and down Biscayne Hay, and we do think it would adversely
effect the environment. Thank you.
Mr, Dean: Ali right, thank you. Mrs. Alexander, do you have
anything to say? All right, thank you very much, We will close the
public hearing, and have discussion among Board Members. There being
none, the Chair is ready for a motion.
Mr. Silverman; I move to defer unto. November 4th,
-54- October 7, 1974 Item #8
1
Mr, bean: All right, you've t-e.ard the motion to defer.
Mr. Silverman: !}o you understand the reason for the defer -
Mitt? That you will meet with the Staff, prior and arrange to take
Care of whatever they require, prior to that meeting ► as soon as
possible/
Mr. Meucher: Yes.
Mrs, Basila: Will they also need a letter, Mr. Chairman .
Mr. Dean: Yes. All right, is there a second?
Rev. Johnson: Second.
Mr. Dean: Secon(frd by Re-ferend Johnson. Under discussion?
Being none, call the roll.
Mr. Simpson: The motion can 8, "a" and "b", is to defer until
November 4th.
No objections were received in the mail.
Mr. Silverman offered the following resolution, and moved
its adoption:
RESOLUTION I10. Zr 153-74
RESOLUTION TO DEFEL UNTIJ NOVEMBER 4T11, 1974,
THE PETITIONS FOR:
(a) "CONDITIONAL USE" \S LISTED IN ORDINANCE
NO. 6871, AR7 ICLE rV, SECTION 23 (2) (b) ,
TO PERMIT C01, STRUC' 'ION OF 99-SLIP MARINA
IN BISCAYN : 1 -\Y, A )JAC1_.NT TO LOTS 53
THROUGH 62, !LOCK ' 13" , FLA(4LEP MARY BRICKELL
(5-44) AT ] 901 I3R1: KELI, AVENUE; WITH PIERS
EXTENDING A NAXIMU", OF 496' INTO BAY;
ZONED R-5A (HIGH DI.NSITY MULTIPLE) .
AND,
(b)
REQUEST FOR rIRMISSION TO PREDGE AREA
IN BISCAYNE I{lY ADJACENT TO LOTS 53
THROUGH 62, 13,OCK "13" , FLAGLER MARY
BRICKELL (5-44), Al'' 1901 BRICKELL AVENUE;
IN CONJUNCTIOJ WITH PROPOSED MARINA, AS
PER PLAN ON FILE; 70NED R-5A (HIGH DENSITY
MULTIPLE).
Upon being seconded by Revo rend Johnson, this resolution was
passed and adopted by the followiig vote:
AYES: Messrs. Gort, Johnson, Silverman, Dean.
Mmes. Basila, Callahan.
NAYES: Mr. Alfonso.
Mr. Simpson: The motion ca rrie;, six - one.
-55- Ootober 7, 1974 Item 40
•
9, qt0CU8Stai:
Mr, Anderson: I want to pass out these guides to the 1974
Public Disclosure and Conflicts of Interest Act, This is by the
Ethics COmMission of Florida. Prom now oh, when you abstain from
an item, there till be a form. It's the last form in here, which
you have to COmple.,:e every time you abstain.
(Someone asked if this were law.)
Mr, Anderson: This is part of the law. To tell you the
truth, I haven't had a chance to study it over. But, there's
financiml disclosure, and all kinds of things in there, and I'll
tell you . . . okay, have another one.
(Discussion)
Mr. Dean: Is there a supplemental aqonda? None? Fines.
ADJOURNMENT:
THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED
AT 10:15 P.M.
ATTEST:
DAVID SIMPSDN, JR.
EXECUTIVE SECRETARY
Transcription of Record:
Febagene Riley Dickerson
Secretary II, Zoning Board
-56-
CHAIRVAN
october 7, 1974
Item #9
4 finis