Resolution 2022-31971RESOLUTION NO. 2022-31971
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A RESTRICTIVE COVENANT
RUNNING WITH THE LAND, IN FAVOR OF MIAMI-DADE COUNTY, IN
CONNECTION WITH THE LAKE PANCOAST MANGROVE PLANTER
MITIGATION PROJECT.
WHEREAS, in 2016, construction of the Indian Creek Flood Mitigation project required
unavoidable impacts to existing wetland vegetation, a portion of which is required to be
mitigated on-site, in accordance with the project's Miami -Dade County Division of
Environmental Resources Management (DERM) permit; and
WHEREAS, City staff has been collaborating with permitting staff from the County, the
State and different federal agencies to develop an on-site mitigation design in Lake Pancoast
that is permittable and yields maximum ecological benefit; and
WHEREAS, on May 6, 2019, a public meeting was held at the Scott Rakow Youth Center
to discuss details of the project; and
WHEREAS, the Lake Pancoast Mangrove Planter project consists of an in -water living
shoreline mangrove planter that will be built along the northeastern edge of Lake Pancoast
between 25th Street and 26th Street; and
WHEREAS, on October 20, 2020 the Environment and Sustainability Department
presented an update on living shoreline projects to the Land Use and Sustainability Committee,
including the living shoreline mitigation project in Lake Pancoast; and
WHEREAS, On May 26, 2021, an update was provided to Land Use and Sustainability
Committee regarding the design and permitting status of the Lake Pancoast living shoreline
project; and
WHEREAS, living shorelines use a combination of bank stabilization and habitat
restoration techniques to reinforce the shoreline, minimize coastal erosion, and maintain coastal
processes while protecting, restoring, enhancing, and creating natural habitat for aquatic plants
and wildlife; and
WHEREAS, the South Florida Water Management District awarded the City an
Individual Environmental Resource Permit on June 21, 2017; and
WHEREAS, the U.S. Army Corps of Engineers awarded the City a permit for the project
on September 20, 2021; and
WHEREAS, the City applied for a Miami -Dade County Department of Environmental
Resources Management Class I Permit on January 22, 2020, and representatives from Club at
Atlantis Condominium Association Inc. and Lake Beach Condominium Association, Inc. have
joined the City as signatories; and
WHEREAS, an Opinion of Title dated December 1, 2021, prepared by the City Attorney's
Office, confirms that the City, Club at Atlantis Condominium Association Inc., and Lake Beach
Condominium Association, Inc., each have a fee simple interests in the adjoining lands and
must join as a signatory in the Restrictive Covenant; and
WHEREAS, Miami -Dade County requires an executed Restrictive Covenant Running
with the Land in favor of Miami -Dade County in connection with the approval of the Miami -Dade
County Department of Environmental Resources Management Class I Permit for the project;
and
WHEREAS, the project will go through the competitive procurement process for
construction upon award of the Miami -Dade County Class 1 Permit; and
WHEREAS, $1,450,000.00 in Capital Funds are projected to be allocated in FY22/23 for
this project; and
WHEREAS, the City Manager recommends executing the Restrictive Covenant Running
with the Land in favor of Miami -Dade County, incorporated herein by reference and attached to
the City Commission Memorandum accompanying this Resolution as Exhibit "C", in order to
complete the permitting process for the project.
NOW, THERFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the City Manager and City Clerk to execute a
Restrictive Covenant Running with the Land in favor of Miami -Dade County, in connection with
the Lake Pancoast Mangrove Planter Mitigation Project.
PASSED and ADOPTED this ao day of January, 20212.
ATTEST:
Rafae E. Granado, City Clerk
JAN
Dan Gelber, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Ll�(--3-11
City Attorney Date
C7 -Resolutions E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: January 20, 2022
SUBJECT.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A RESTRICTIVE COVENANT
RUNNING WITH THE LAND, IN FAVOR OF MIAMI-DADE COUNTY, IN
CONNECTION WITH THE LAKE PANCOAST MANGROVE PLANTER
MITIGATION PROJECT.
BACKGROUND/HISTORY
On October 20, 2020 the Environment and Sustainability Department (E&S) presented an
update on living shoreline projects to the Land Use and Sustainability Committee (LUSC),
including a living shoreline mitigation project on the seawall along Lake Pancoast. On May 26,
2021, an update was provided on the design and permitting status of the Lake Pancoast living
shoreline project to LUSC.
ANALYSIS
Construction of the Indian Creek Flood Mitigation project required unavoidable impacts to
existing wetland vegetation in the Lake Pancoast area. These impacts are required to be
mitigated on-site in accordance with the permit issued by Miami -Dade County Department of
Environmental Resources Management (DERM). Lake Pancoast is the waterbody located
between Collins Avenue and Flamingo Drive bounded by the Gates Hotel (2360 Collins
Avenue) to its south and the 26th Street and Indian Creek Drive intersection to its north. In late
2016, mangroves, trees and other vegetation along the shoreline of Lake Pancoast and the
Indian Creek Waterway were removed as part of the Indian Creek Drive Flood Mitigation
project. As part of the permitting process, City staff worked with Miami -Dade County staff to
include a condition for on-site mitigation in the project's coastal construction permit.
Over the last five years, City staff has been collaborating with permitting staff from the County,
the State and different federal agencies to develop an on-site mitigation design that is
permittable and yields maximum ecological benefit. The Lake Pancoast Mangrove Planter
project emerged from these discussions and consists of an in -water mangrove planter that will
be built along the northeaster edge of Lake Pancoast between 25th Street and 26th Street. The
planter design and location were carefully selected to maintain navigation and prevent wildlife
impacts. City staff has been able to demonstrate that the area is currently in need of ecological
restoration and that this planter will help clean and filter, as well as bring wildlife to the waterway.
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As such, it is viewed as a landmark opportunity and has advanced to the final stages of
permitting. On May 6, 2019, a public meeting was held at the Scott Rakow Youth Center to
discuss details of the project.
The South Florida Water Management District awarded an Individual Environmental Resource
Permit on June 21, 2017. The U.S. Army Corps of Engineers awarded a permit for the project
on September 20, 2021. The City applied for a Miami -Dade County Department of
Environmental Resources Management Class I Permit on January 22, 2020, where
representatives from Club at Atlantis Condominium and Lake Beach Condominium Association
joined the City as signatories. An executed Restrictive Covenant is pending for issuance of the
Miami -Dade County Department of Environmental Resources Management Class I Permit. The
Restrictive Covenant requires the signature of the City of Miami Beach, Club at Atlantis
Condominium Association Inc., and Lake Beach Condominium Association, Inc. The Opinion
of Title dated December 1, 2021 prepared by the City Attorney's Office, reveals that the
aforementioned entities all have a fee simple interests in the Property. Once the permits are
granted, the project will go through competitive procurement process for construction.
Construction is anticipated to begin in FY22/23.
SUPPORTING SURVEY DATA
N/A
Amount(s)/Account(s):
The project received a Coastal Resilience Grant from the Florida Department of Environmental
Protection in the amount of $35,000 which has been used for permitting and design. Additionally,
$1,450,000.00 has been approved in the Capital Budget for FY22/23.
CONCLUSION
The Administration recommends that the City Commission approve the Resolution, authorizing
the execution of the Restrictive Covenant.
Applicable Area
Middle Beach
Is this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?
Yes
Strategic Connection
Non -Applicable
Legislative Tracking
Environment and Sustainability
ATTACHMENTS:
Description
Does this item utilize G.O.
Bond Funds?
No
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