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Resolution 81-16679 RESOLUTION NO. 81-16679 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH RECOMMENDING TO THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES, THAT THE MIAMI BEACH COASTAL CONSTRUCTION CONTROL LINE BE LOCATED CONCURRENT WITH THE CITY'S EXISTING BULKHEAD LINE, FURTHER RECOM- MENDING THAT THE CITY OF MIAMI BEACH SHALL BE DESIGNATED THE RESPONSIBILITY FOR THE ADOPTION AND ADMINISTRATION OF RULES AND REGULATIONS PERTAINING TO SAID CONTROL LINE. WHEREAS, pursuant to Chapter 161, Florida Statutes, the State of Florida Department of Natural Resources has proposed a Coastal Construction Control Line in the City of Miami Beach; and, WHEREAS, said proposed line is located substantially landward of the City's existing bulkhead line, thereby bisecting all improved oceanfront properties in the City of Miami Beach; and, WHEREAS, the majority of the unimproved oceanfront is owned by the City of Miami Beach and constitutes approximately 40% of the total land area affected by said line; and WHEREAS, the establishment of said line and the implementation of construction regulations are intended to protect the sovereign beaches from erosion and structures located adjacent to said beaches from storm damage; and WHEREAS, the recently renourished beach, the establishment of a dune, the contemplated landscaping of said beach and the established bulkhead, all serve to protect the beach and adjacent structures from erosion and storm damage, thereby meeting the intent of the above-mentioned regulations; and WHEREAS, the City of Miami Beach proposes the establishment of the control line at the existing bulkhead and the implementation and administration by the City of Miami Beach of overlay construction regulations from said line to the adjacent westward street; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Miami Beach Coastal Construction Control Line should be established along the City's existing bulkhead line, and in those areas where not established, a line consistent with said bulkhead line; and LET IT BE FURTHER RESOLVED that the City of Miami Beach desires to adopt a coastal construction code in accordance with standards acceptable to the State of Florida Department of Natural Resources , provided however, that the State of Florida Department of Natural Resources delegates the responsibility for admini- stration of said code to the City of Miami Beach. PASSED and ADOPTED this 3rd day of June, 1981. N Ma or ATTEST: m c") ' 1(.4-1.-0--<_ ,i41%/4.4-----J City Cl rk ---- - 4 44"..., fhb.to SR:jj 3y .ate _ 2 k ((01. ORIGINAL RESOLUTION NO. 81-16679 (Recommending to State of Florida Dept.of Natural Resources that the M.B. Coastal onstruction Control Line be located con- • current with the City's existing bulkhead line; further recommending that the City shall be designated the responsibility for the adoption and administration of rules and regulations pertaining to said Control Line) 4 602,0 Et :=�P FLORIDA 3 3 1 3 9 . ...". "YA CA TIONLAND U. S. A. - , OFFICE OF THE CITY MANAGER CITY HALL HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. /C.. / DATE: June 3, 1981 TO: Mayor Murray Meyerson and Members of the City Commission FROM: Harold T. Toal City Manager SUBJECT: STATE OF FLORIDA PROPOSED COASTAL CONSTRUCTION LINE The State of Florida Department of Natural Resources has been empowered by the State Legislature to establish coastal construction control lines on a county basis along the sand beaches of the State. The purpose of establishing such lines is to define that portion of the beach-dune system which is subject to severe fluctuations based upon a 100-year storm surge, and to define the area within which special structural design consideration is required to protect the beach-dune system and oceanfront structures. The State has recently proposed the coastal construction control line for the City of iv1iami Beach as indicated on the attached map. The proposed line is located to the west of the City's existing bulkhead line, bisecting the majority of oceanfront properties in Miami Beach. The location of the control line is significant to the City and to property owners for the following reasons: 1. The State Department of Natural Resources will retain permitting responsibility for construction seaward of the control line on a case by case basis. 2. No substantial walls or partitions will be permitted to be constructed below the level of the first finished floor and seaward of the control line. Therefore, any new bulkheads constructed would be required to be breakaway structures. 3. All major structures will be required to be elevated on pile foundations above the federal base flood elevation. The City's current procedure of permitting floodproofed parking structures below grade would no longer be allowed. The Administration has reviewed the State's proposed coastal construction control line and its corresponding regulations with a coastal engineering consultant, and it has been determined that the City would be justified in requesting a change in the proposed location of the control line to the City's existing bulkhead line. The new beach and dune, coupled with the existing bulkheads which have provided hurricane protection in the past, should be of significant strength and distance from the water to provide adequate hurricane protection to oceanfront properties. In concert with the request for a change in location of the control line, the Administration feels that it would be in the best interest of the City to retain local administrative control over construction permitting within the oceanfront areas of Miami Beach. In order to retain such permitting authority, the City would have to assure the Department of Natural Resources that a local construction code would be developed which meets with their approval. AGENDA ITEM DATE 6 Ai irf-/ COMMISSION. MEMORANDUM NO. The State will hold several public hearings during which the City has the opportunity to request the changes described above. The first such hearing will be held on June 11, 1981 at 7:00 p.m. in the Miami Beach City Commission Chambers. ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission adopt the attached resolution recommending the relocation of the State's proposed coastal construction control line to the City's existing bulkhead line, and further requesting the delegation of permitting authority by the State to the City of Miami Beach. HTT/SMR:jj