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Resolution 81-16567 RESOLUTION NO. 81-16567 A RESOLUTION GRANTING PERMISSION TO MIAMI BEACH REDEVELOPMENT AGENCY TO DO THE NECESSARY FILLING OR CREATING LANDS WATERWARD OF THE MEAN HIGH WATER LINE ADJACENT TO THE MIAMI BEACH MARINA IN MELOY CHANNEL IN CONNECTION WITH THE MIAMI BEACH REDEVELOPMENT AGENCY' S APPLI- CATION FOR A PERMIT TO CONDUCT ACTIVITIES IN THE WATERS OF THE STATE OF FLORIDA SUBJECT TO APPROVAL OF THE DER AND THE U. S . ARMY CORPS OF ENGINEERS. WHEREAS, the City of Miami Beach has received an applica- tion from the Miami Beach Redevelopment Agency, a Public Agency organized and existing under the laws of the State of Florida, to add to or extend existing lands and perform other construction activity within the boundaries of the City of Miami Beach border- ing on or in the navigable waters of the State as prescribed for construction or filling under Section 253 . 124 , Florida Statutes; and has been requested to give its approval, to that portion of the application pertaining to filling or creating lands waterward of the mean high water line adjacent to the Miami Beach Marina in Meloy Channel (hereinafter referred to as FILLING) ; and WHEREAS, the City Commission of the City of Miami Beach ( "Commission" ) has set a special meeting and public hearing for consideration of said application and has reviewed the written application and heard testimony from the Applicant ' s engineering, hydrological and other scientific consultants, and has received in evidence the following: a. The plans or drawings showing the proposed FILLING and the manner in which said FILLING will be accomplished. b. Biological, ecological and hydrographical surveys, including commentary of the Depart- ment of Environmental Regulation ( "DER" ) of August 24 , 1979 , updated January 6, 1981, and the June 4 , 1980 letter from Environmental Specialist Lynn Griffin, together with DER permit application appraisal. c . Written commentary which has been received by the DER from state and federal agencies , private organizations and individual citizens; and WHEREAS, the Commission heard testimony from representa- tives of the public relative to the proposed FILLING: and WHEREAS, based upon the testimony and evidence presented as above set forth, the Commission has found that: 1. The proposed FILLING is not violative of any statute, zoning law, ordinance or other restrictions which may be applicable thereto; 2 . No harmful obstruction to or alteration of the natural flow of the navigable water as defined in Section 253 . 12 , Florida Statutes, within such area will arise from the proposed FILLING; OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 w r - 3 . That no harmful or increased erosion, shoaling of channels or stagnant areas of water will be created by the Pro- posed FILLING; and 4 . That no material injury or monetary damage to adjoining land will accrue from the proposed FILLING; and WHEREAS, based upon the evidences and considerations above set forth, the Commission has determined: a. That the granting of such permit for FILLING would not interfere with the conservation of fish, marine and wildlife or other natural resources to such an extent as to be contrary to the public interest; and b. That destruction of oyster beds, clam beds or marine productivity, including, but not limited to, the destruction of natural marine habitats, grass flats suitable as nursery or feeding grounds for marine life, including established marine soils suitable for plant growth of a type useful as nursery or feeding grounds for marine life will not result from such FILLING to such an extent as to be contrary to the public interest; and c. The Commission has considered other factors affecting the public interest; and WHEREAS, the biological survey of the Department of Environmental Regulation designated in Section 253 . 124 , Florida Statutes, has been considered and read into the record: and WHEREAS, the source of the fill for such FILLING will not be from the dredging of the immediate area without express approval from the Miami Beach City Commission after all required State and Federal Government permit approval have been obtained. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that in accordance with the above the City of Miami Beach hereby gives its approval to the FILLING por- tion of the application under review, subject to the approval of the Department of Environmental Regulation, pursuant to Section 253. 124 (2) , Florida Statutes, and the approval of the United States Army Corps of Engineers, pursuant to the Rivers and Harbors Act, and all other applicable federal statutes . PASSED and ADOPTED this 18th day of February 1981, at regularly scheduled public meeting. ATTEST: ofiliars:cr City Clerk ' t 1 yF11lr.i 11. Ap , wilpo y 41%. Dats t„.a..C/ LTA/mp 2/18/81 (AS AMENDED) OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 ORIGINAL RESOLUTION NO. 81-16567 (Granting permission to M.B.Redevelopment Agency to do the necessary filling or creating lands waterward of the mean high water line adjacent to the M.B. Marina, in Meloy Channel, in connection with the M.B. Redevelopment Agency's application for a permit to conduct activities in the waters of the State of Florida, subject to approv- al of the DER and the U.S. Corps of Engineers)