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
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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:
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City Clerk
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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)