C4A-Ref- LUDC - Decks Docks-Seawall Over Land And Need To Issue Revocable Permit--· ···------------------
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
FROM:
Mayor Matti Herrera Bower and Meters of tht:mmission
J1mmy L. Morales, C1ty Manager h-1 \
II ,
October 16, 2013 1~
TO:
DATE:
SUBJECT: REFERRAL TO THE LAND USE ANb DEVELOPMENT COMMITTEE-A DISCUSSION
REGARDING DECKS, DOCKS & SEAWALL OVER CITY LAND AND THE NEED TO
ISSUE A REVOCABLE PERMIT
ADMINISTRATION RECOMMENDATION
The Administration recommends referring the item to the Land Use and Development Committee.
BACKGROUND
The City Attorney's Office has informed Public Works Engineering that decks, docks and seawall
construction over City own property will require a Revocable Permit, as defined by Code ARTICLE Ill
USE OF PUBLIC PROPERTY, DIVISION 2 REVOCABLE PERMIT:
Sec. 82-91. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Property, city property means any land, water or air rights owned or maintained by
the city.
Revocable permit means permission granted in writing for any use of real property
owned or maintained by the city or in which the city holds an interest, by a person or entity,
establishing conditions for such use, providing for revocation by the city and establishing
requirements for return of the property upon termination/revocation.
A revocable permit requires that an application and all pertinent documentation be submitted to the
Public Works' Right-of-Way Manager for processing. Once the application process is complete, the
request is presented to the City Commission: Setting a public hearing on First Reading, then
approval on Second Reading, Public Hearing. In all, the process may take up-to four months to
complete.
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Agenda Item C C/8
Date /o-lk-(3
Commission Memo-LUDC Referral-A discussion regarding decks, docs & sea waif over City land and
the need to issue a revocable permit.
October 16, 2013
Page 2 of 2
The City Attorney's office has suggested that this item be brought up to the City Commission to
consider revising the definition of a revocable permit and the exclusion of docks, decks and seawalls
over City-owned waters (submerged lands).
Whenever an existing seawall requires repairs or replacement, the standard procedure is to install a
new 18" seawall in front of it, and the space in between them filled with dirt and compacted. In
addition, a concrete cap is framed and poured over the new seawall. The newly combined 18"
seawall becomes a City Submerged land, and as such would require a revocable permit. If a deck
or dock is built over the City submerged lands, either on pilings or cantilevered, it would also require
a revocable permit.
A solution therefore is needed to allow the homeowner or business developer to obtain a dock, deck
or seawall permit in a shorter period of time, as the permitting of these structures had not followed
the revocable permit procedure in the past.
ACTION
The Public Works Engineering Division requests that the Land Use Committee review the issue and
provide a recommendation that may be presented to the Commission for action.
1) Consider the following, revise the definition of the revocable permit not to include docks,
decks or seawalls over City submerged lands
2) For seawall expansion past the property line and onto City submerged lands, the applicant
will have to pay for additional square footage acquired, based on a value set by the
Commission every five years, and based on the market value of waterfront land.
For docks and decks over City Submerged lands direct the PW ROW to establish a permit similar
for bus benches in City ROW.
CONCLUSION
The Administration recommends referring the item to the Land Use and Development Committee for
direction and further discussion.
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T\AGENDA\2013\0clober 16\LUDC Referral_ Discussion regarding decks, docs & seawall over City land and need to issue a
revocable perrnit.doc
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