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RESOLUTION TAKING ACTION ON A CLASS I PERMIT APPLICATION BY WILLIAM HARVEY TO FILL TIDAL WATERS IN ASSOCIATION WITH THE INSTALLATION OF A NEW SEAWALL, FOR AFTER-THE-FACT AUTHORIZATION FOR REPAIRS TO A CANTILEVERED DECK, AND INSTALLATION OF A NEW DOCK, BOATLIFT AND VIEWING PLATFORM WITHIN ROCKERMAN CANAL AT 3580 ROCKERMAN ROAD, MIAMI, MIAMI-DADE COUNTY, FLORIDA; AND TO AUTHORIZE THE ACCEPTANCE OF A RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY
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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board having considered all the applicable factors contained within Section 24-48.3 of the Code of Miami-Dade County, hereby approves the application by William Harvey to fill tidal waters in association with the installation of a new seawall, for after-the-fact authorization for repairs to a cantilevered deck, and installation of a new dock, boatlift and viewing platform within Rockerman Canal at 3580 Rockerman Road, Miami, Miami-Dade County, Florida and authorizes the acceptance of a restrictive covenant running with the land in favor of Miami-Dade County, subject to the conditions set forth in the memorandum from the Miami-Dade County Department of Regulatory and Economic Resources, a copy of which is attached hereto and made a part hereof. The issuance of this approval does not relieve the applicant from obtaining all applicable Federal, State, and local permits.
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Date: |
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To: |
Honorable Chairman Esteban L. Bovo, Jr. and Members, Board of County Commissioners |
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From: |
Jack Osterholt, Director Department of Regulatory and Economic Resources |
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Subject: |
Class I permit application by William Harvey for filling of tidal waters and acceptance of a restrictive covenant |
recommendation
I have reviewed the attached application for a Class I permit by William Harvey and based upon the applicable evaluation factors set forth in Section 24-48.3 of the Code of Miami-Dade County (Code), I recommend that the Board of County Commissioners (Board) approve the issuance of a Class I permit for the reasons set forth below.
Pursuant to Ordinance No. 16-73, this quasi-judicial matter may be submitted directly for placement on the Board’s meeting agenda by the Director of the Department of Regulatory and Economic Resources.
Scope
The project site is located at 3580 Rockerman Road in Coconut Grove, Miami, Florida, in Commission District 7, which is represented by Commissioner Xavier L. Suarez.
Fiscal Impact/Funding Source
This resolution is a regulatory approval and does not have a fiscal impact.
Track Record/Monitor
The Coastal and Wetlands Resources Section Manager, Pamela Sweeney, in the Department of Regulatory and Economic Resources, Division of Environmental Resources Management (DERM), will be responsible for monitoring the proposed permit.
Background
This Class I permit application requests authorization for filling of tidal waters in association with the installation of new seawall in Rockerman Canal. In addition, the scope of work includes a request for after-the-fact authorization for repairs to a cantilevered deck and the installation of a new dock, boatlift, and viewing platform. Furthermore, the attached resolution authorizes the acceptance of a restrictive covenant running with the land in favor of Miami-Dade County which limits the waterward extent of the area adjacent to the property where vessels are authorized to moor in order to preserve the navigable right-of-way through the Rockerman Canal. The proposed project is required to be reviewed and approved by the Board at a public hearing because a portion of the scope of work is specifically referenced in Section 24-48.2 of the Code as work that shall be processed with a standard form application, including a public hearing.
The subject property is the site of an existing single family residence with 114 linear feet of water frontage, where the existing seawall has degraded and the applicant is proposing to install a new seawall. The installation of a new or replacement seawall within tidal waters of Miami-Dade County is generally conducted in a location immediately waterward and within 1.0 foot of the existing seawall. However, existing concrete pilings that are integral to maintaining the structural stability of the upland residence are located immediately waterward of the existing seawall. Therefore, the new seawall will be installed waterward of the existing piles and approximately 2.0 feet waterward of the existing seawall along a 50 linear foot portion of the property, which will result in the filling of 100 square feet of tidal waters.
Pursuant to Section 24-48.3, DERM’s recommendation for a Class I permit application is based on several evaluation factors, including but not limited to the potential impact to navigation. Rockerman Canal is a tidal waterway which is bordered by single-family residences along the north side, and an unconsolidated mangrove shoreline along the south side. The canal provides navigational access to Biscayne Bay through a 25-foot-wide canal right of way as identified on the 1951 plat. Class I permit applications for work along the Rockerman Canal are evaluated by DERM to ensure that both structures and vessels do not extend into the canal right of way in order to maintain navigational clearance for ingress and egress of vessels. Due to the waterward extension of the proposed structures at the subject property, the area available for mooring a vessel adjacent to the dock will be limited to approximately 8 feet wide. In order to ensure that all structures and vessels are maintained within the applicant’s property boundaries and outside of the canal right of way, a post-construction survey by a Florida licensed land surveyor which identifies the location of all mooring structures relative to the surveyed location of the 25-foot-wide canal right of way will be submitted to DERM. The applicant has proffered the attached restrictive covenant which will be recorded with the Miami-Dade County Clerk of Courts and will run with the land, thereby ensuring that any future owner of the property is aware of the mooring limitation.
Pursuant to Section 24-48.4 of the Code, potential adverse environmental impacts and cumulative adverse environmental impacts for a proposed project must be avoided and minimized. Based on the existing site conditions and the information provided by the professional engineer, the proposed seawall will be located the minimum waterward distance necessary. In addition, the area that will be filled does not provide significant benthic habitat, and the Class I permit will require that turbidity controls be utilized during all phases of construction to ensure compliance with State and County water quality standards. Mitigation for minor temporary impacts to water quality associated with the project will be satisfied through the placement of riprap along the new seawall to provide shoreline stabilization and create habitat. The portion of the required mitigation that cannot be accommodated onsite will be satisfied through a contribution to the Biscayne Bay Environmental Enhancement Trust Fund.
The proposed project complies with Section 24-48.3(2) of the Code as related to the criteria for a physical modification necessary to protect public or private property. The project has been designed in accordance with all relevant Miami-Dade County coastal and wetland construction criteria and is consistent with all other Miami-Dade County coastal and wetland protection provisions. Please find attached a DERM Project Report which sets forth the reasons the proposed project is recommended for approval by DERM pursuant to the applicable evaluation factors set forth in Section 24-48.3 of the Code. The conditions, limitations, and restrictions set forth in the Project Report attached hereto are incorporated herein by references hereto.
Attachments
Attachment A: Class I Permit Application
Attachment B: Owner/Agent Letter, Engineer Letter and Project Sketches
Attachment C: Names and Addresses of Owners of All Riparian or Wetland Property within Three Hundred (300) Feet of the proposed Work.
Attachment D: Zoning Memorandum
Attachment E: Restrictive Covenant Running with the Land in Favor of Miami-Dade County
Attachment F: DERM Project Report