Miami-Dade Legislative Item
File Number: 110893
Printable PDF Format Download Adobe Reader  Clerk's Official Copy   

File Number: 110893 File Type: Resolution Status: Adopted
Version: 0 Reference: R-438-11 Control: Board of County Commissioners
File Name: AVENTURA - ACCEPTANCE OF RESTRICTIVE COVENANTS Introduced: 4/21/2011
Requester: Department of Environmental Resources Management Cost: Final Action: 6/7/2011
Agenda Date: 6/7/2011 Agenda Item Number: 8D1A
Notes: IB 04.21.11 Title: RESOLUTION AUTHORIZING THE ACCEPTANCE OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY BY THE ATRIUM AT AVENTURA CONDOMINIUM ASSOCIATION, INC. FOR THE PROPERTY AT 3131 NE 188 STREET, BY UPTOWN MARINA LOFTS CONDOMINIUM ASSOCIATION, INC. FOR THE PROPERTY AT 3029 NE 188 STREET, AND BY GM ATRIUM, LLC FOR THE PROPERTY AT FOLIO #28-2203-077-0040, MIAMI-DADE COUNTY
Indexes: AVENTURA
  RESTRICTIVE COVENANT
Sponsors: Sally A. Heyman, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 6/7/2011 8D1A Adopted P

Infrastructure and Land Use Committee 5/11/2011 3A Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed resolution into the record. Commissioner Jordan questioned whether the 22 dock concentration in the same area had a negative impact on the manatees versus the eight per property concentration. Mr. Carlos Espinosa, Director, Department of Environmental Resources Management, responded that the facilities were adjacent to one another; that the number of slips would remain; and that there would not be any impact. He said that the facility on one side would reduce the number of boat slips by moving some slips to another facility. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution as presented.

County Attorney 5/3/2011 Assigned Abbie N. Schwaderer

County Attorney 5/2/2011 Assigned County Manager's Office 5/2/2011
REPORT: RETURNED

County Attorney 4/28/2011 Assigned Abbie N. Schwaderer 5/2/2011
REPORT: RETURNED

County Manager 4/28/2011 Assigned County Attorney 6/7/2011
REPORT: DERM was assisted by Abbie Schwaderer-Raurell. Package includes Attachments A - E. Pending committee assignment.

County Manager 4/21/2011 Assigned Sue Torriente 5/11/2011 4/21/2011

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE ACCEPTANCE OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY BY THE ATRIUM AT AVENTURA CONDOMINIUM ASSOCIATION, INC. FOR THE PROPERTY AT 3131 NE 188 STREET, BY UPTOWN MARINA LOFTS CONDOMINIUM ASSOCIATION, INC. FOR THE PROPERTY AT 3029 NE 188 STREET, AND BY GM ATRIUM, LLC FOR THE PROPERTY AT FOLIO #28-2203-077-0040, MIAMI-DADE COUNTY

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and

WHEREAS, the attached restrictive covenants running with the land in favor of Miami-Dade County by The Atrium at Aventura Condominium Association, Inc. for the Property at 3131 NE 188 Street, by Uptown Marina Lofts Condominium Association, Inc. for the Property at 3029 NE 188 Street, and by GM Atrium, LLC for the Property at Folio #28-2203-077-0040 in Aventura, Miami-Dade County, Florida, have been submitted pursuant to Section 24-48.2(I)(B)(2)(b) of the Code of Miami-Dade County; and

WHEREAS, the attached covenants have been executed and are being proffered to this Board for approval, as indicated in the Manager’s memorandum, a copy of which is attached hereto and incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby accepts the attached restrictive covenants running with the land in favor of Miami-Dade County by The Atrium at Aventura Condominium Association, Inc., by Uptown Marina Lofts Condominium Association, Inc., and by GM Atrium, LLC, and their recording into the public records of Miami-Dade County at the expense of the applicant, in substantially the form attached hereto and made a part hereof, and pursuant to Resolution No. R-974-09, hereby directs the Mayor or Mayor’s designee to provide recorded copies of the aforementioned covenants to the Clerk of the Board within thirty (30) days of execution of the acceptance by the Mayor or Mayor’s designee and furthermore directs the Clerk of the Board to attach and permanently store recorded copies of the aforementioned covenants together with this Resolution.

.HEADER
Date:

To: Honorable Joe A. Martinez, Chairman
and Members, Board of County Commissioners

From: Alina T. Hudak
County Manager

Subject: Resolution Authorizing the Acceptance of Restrictive Covenants Running with the Land in Favor of Miami-Dade County by The Atrium at Aventura Condominium Association, Inc. for the Property at 3131 NE 188 Street, by Uptown Marina Lofts Condominium Association, Inc. for the Property at 3029 NE 188 Street, and by GM Atrium, LLC for the Property at Folio #28-2203-077-0040

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) approve the attached resolution authorizing the acceptance of three (3) restrictive covenants running with the land in favor of Miami-Dade County. The covenants are submitted pursuant to Section 24-48.2(I)(B)(2)(b) of the Code of Miami-Dade County as part of a Class I permit application for the construction of a new multi-slip docking facility. The restrictive covenants are being proffered in order to transfer the use of proposed powerboat slips from one property to another and to adjust the total number of allowable powerboat slips at each property accordingly.

Scope
The subject properties are located within the City of Aventura, in Commission District 4.

Fiscal Impact/Funding Source
Not Applicable

Track Record/Monitor
Not Applicable

MANAGER'S BACKGROUND
Background
The Department of Environmental Resources Management (DERM) is processing a Class I permit application to build a new 22-slip multi-family docking facility at 3131 NE 188 Street. The proposed project involves the transfer of powerboat slips among three (3) separate properties: the recipient site, The Atrium at Aventura Condominium (The Atrium Condo), the donor site, Uptown Marina Lofts Condominium Association, Inc. (Uptown Marina Lofts) and the submerged land parcel owned by GM Atrium, LLC (GM Atrium) which is adjacent to the recipient site. Site maps are provided in Attachments A and B. Based on the work proposed in the Class I permit application, the permit can be issued administratively but will not be issued prior to Board approval of this resolution.

The recipient site, The Atrium Condo property, is located at 3131 NE 188 Street along a canal that is identified by the Miami-Dade County Manatee Protection Plan (MDCMPP) as essential habitat for the West Indian Manatee (Trichecus manatus). The property is considered an “Existing Facility” as defined in the MDCMPP, based on its previous marine-related use. DERM has advised The Atrium Condo that in accordance with the recommendations of the MDCMPP guidelines, the maximum number of powerboat slips that can be authorized at the property is eight (8), provided that a covenant is proffered reflecting this restriction. The Atrium Condo is planning on using the eight (8) powerboat slips but would like to have a total of 22 powerboat slips. Therefore, The Atrium Condo is proposing to receive a transfer of 14 additional powerboat slips from the adjacent donor property owned by Uptown Marina Lofts.

The donor site, Uptown Marina Lofts, is located at 3029 NE 188 Street and was the former site of a commercial marina with a total of 204 powerboat slips. The Uptown Marina Lofts property has undergone redevelopment and is no longer using all of the existing powerboat slips that were historically in use at the site. A 29-powerboat slip docking facility has been previously permitted at Uptown Marina Lofts. In addition, the donor site has previously transferred 17 of their powerboat slips to another property in the area. As part of that transfer request, the Board approved Resolution No. R-1369-06 on December 5, 2006, accepting a restrictive covenant running with the land in favor of Miami-Dade County from Uptown Marina Lofts that limits their property to a total of 187 powerboat slips. The transfer of 14 slips to The Atrium Condo will limit the number of powerboat slips at Uptown Marina Lofts to a total of 173.

The submerged land parcel owned by GM Atrium is located adjacent to the property owned by The Atrium Condo and extends to the north bank of the canal. The total number of powerboat slips to be moored adjacent to the recipient site shall be limited to 22 powerboat slips.

The MDCMPP does not specifically address the issue of transfer of slips from one site to another. However, DERM recognizes that as a result of development trends, many properties where marine-related businesses operated in the past have been converted to residential developments. As a result, many of the boat slips that were associated with those businesses are no longer being used. In an effort to address the demand for powerboat slips, DERM is able to recommend approval of the transfer described above provided that the County accepts Restrictive Covenants proffered by the respective owners to notify present and future property owners that the number of approved powerboat slips has been modified because, in the opinion of DERM, the proposed transfer will not result in an increase in potential adverse impacts to manatees.

In the opinion of DERM, the proposed transfer of 14 powerboat slips from Uptown Marina Lofts to The Atrium Condo would not result in an increase in potential adverse impacts to manatees. This opinion is based on the historical use of the existing slips, the intended future use of the slips proposed for transfer, and the close proximity of the two sites.

Additionally, The Atrium Condo, Uptown Marina Lofts, and GM Atrium have executed the attached Restrictive Covenants Running with the Land in Favor of Miami-Dade County (Attachments C, D, and E). The restrictive covenant executed by The Atrium Condo authorizes a maximum of 22 powerboats to be moored at their property. The restrictive covenant executed by Uptown Marina Lofts provides for a corresponding decrease in allowable powerboats from 187 to 173. The restrictive covenant executed by GM Atrium restricts the number of allowable powerboats on their submerged lands adjacent to The Atrium Condo property to 22. If approved by the Board, these covenants will be incorporated as part of Class I permit 2010-CLI-PER-00221.

Attachments
Attachment A: Location Maps
Attachment B: Site Diagram
Attachment C: Restrictive Covenant for the Atrium at Aventura Condominium Association, Inc.
Attachment D: Restrictive Covenant for Uptown Marina Lofts Condominium Association, Inc.
Attachment E: Restrictive Covenant for GM Atrium, LLC




_______________________________
Assistant County Manager



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site © 2014 Miami-Dade County.
All rights reserved.