Loading...
HomeMy WebLinkAboutR-1982-453 i 7 RESOLUTION N0. 453 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, GRANTING PERMISSION TO DANIA JAI ALAI PALACE , INC. , AS AGENT FOR THE CITY OF DANIA, FLORIDA, TO DO THE NECESSARY BULKHEADING AND FILLING IN CONNECTION WITH THE LANDS LEASED AT DANIA BEACH, D. E.R. FILE NO . DF06-50578-6E , AND PRO- VIDING THAT ALL RESOLUTIONS OR PARTS OF RESO- LUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING FOR AN EFFECTIVE DATE . s WHEREAS , the City of Dania has received an application from i j DANIA JAI ALAI PALACE, INC. , as Agent for the City of Dania, 7 Florida, a corporation organized and existing under the laws of J the State of Florida and duly authorized to do business in the State of Florida, to construct approximately 207 lineal feet of bulkhead and to backfill behind the bulkhead with approximately i 523 cubic yards below M.H.W. and to construct a marginal wharf as described under Chapter 253 . 124, Florida Statutes ; and WHEREAS , the application has been reviewed and it has been determined that the project entertained would not : i I . Violate any statute , zoning law, ordinance, or other applicable restriction, nor 2 . Subject the natural flow of the navigable waters as defined in Section 253. 12 , Florida Statutes , to , .. harmful destruction or alteration, nor 3. Create harmful or increased erosion, shoaling of _ channels or stagnant areas of water , nor 4 . Cause material injury or monetary damages to accrue to adjoining land; and WHEREAS , the City of Dania has determined: A. Whether the project will 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. Whether the destruction of oyster beds , clam beds or marine productivity, including, but not limited to , destruction of natural marine habitats , grass flats suitable as nursery or feeding grounds for marine life , including established marine soils suitable for producing plant growth of a type useful as nursery or feeding I J grounds for marine life , will result therefrom to such an extent as to be contrary to the public interest ; WHEREAS , the biological survey of the Department of R Environmental Regulation designated in Section 253 . 124 , Florida I Statutes, has been considered and read into the record at the same r meeting at which final action has been take on this application; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: 1 7 Section 1. That the City of Dania hereby given its approval { to the construction of the above project , subject to the approval 1 of the Department of Environmental Regulation, pursuant to Section 253 . 124 (2) , Florida Statutes , and the approval of the United States i j Army Corps of Engineers , pursuant to the Rivers and Harbors Act, j and all other applicable Federal statutes . Section 2 . That all resolutions or parts of resolutions in w � conflict herewith be and the same are hereby repealed to the extent I of such conflict . Section 3 . That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on this 11TH day of MAY 1982 . 0 -COMMISSIONER ATTEST: ET CYC ������L��i�z LERK-AUDITOR APPROVED,FOR FORM AND CORRECTNESS : BYo FRANK C. ADLER, City Attorney I J i -2- 3301 0LIN CLUB ROAD BOB GRAHAM GOV P.O.Box 3858 �+�+1 _- _,-�_ � .� VickiERNOR Tschink WEST PALM BEACH,FLORIDA 33402 SECRETARY 305/689-5800 Ro M Duke (' Waa�ie>ocdc Duke SUBDISTRICT MANAGER STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL.REGULATION February 11, 1982 SOUTH FLORIDA SUBDISTRICT City of Dania D&F - Broward County Mr. John Farina Bulkhead, Fill, Intra- Berry, Calvin, Broome & Farina coastal Waterway, Dania 700 E. Dania Beach Blvd. Dania, Florida 33004 Dear Mr, Farina: As we advised you on December 21, 1981 , your application is incomplete without local approval, pursuant to Section 253 . 124 , Florida Statutes , for filling waterward of the existing mean/ - ordinary high water line. Please submit the enclosed copy of our,s�. together with your permit application to � , a oard of County Commissioners/City Council or their authorized permitting authority. Section 253 .124 , Florida Statutes , states that the county commission/city council ". shall have in hand the (biological) report and findin s thereof " It further states , "Th :�q,F.y,� ,rm�ting>p�»wltfcri� >. ol.c� cC� Ills oneis -. � thorU*4,body, taluws ,#ipt3,,:.acgeW-6n 'tha'applicatioh You will need to obtain a copy of the minutes of the meeting or an appropriate indication of the local approval. This letter, resolution or copy of the minutes should be sent to this office. Your application will remain incomplete without valid local approval. If you have any questions concerning this procedure, please contact us. Sincerely, Larry O'Donnell LEO:gnj Dredge and Fill Supervisor Enclosure DER Form 17-1. 122 (50) a Q��u�va�u� rie�u,7�[ezr /�a�a.eLl s��d z DEPARTMENT OF ENVIRONMENTAL REGUULLATIO 1111 PEW1IT APPLICATION APPRAISAL File No. : DF 06-50578-GE County : Broward Date : 2/3/82 Applicant Name: City of Dania Address • Agent (if applicable) Berry, Calvin , Ilroomc and FiJrirlil Address : 700 East Dania Beach Boulevard, Dania Location of project: Section (s) 36_ Township 50 Range 42 Section (s) Township Range Local Reference : Dania — Water Body :_ Tntracoastal Waterway Water Classification of Project Area : ITT Adjacent Waters : III Aquatic Preserve : — Outstanding Florida Waters : '~ On site inspection by: Cary Nickelson Date of Inspection : .1/19/82 Original Application: Yes X No Revised Application: Yes No_ Date : Date of 2nd Insp. Biological and Water Quality Assessment A. Description of proposed project and construction techniques. Quantify area of project which extends into waters of the state (including the submerged lands of those waters and the transi- tional zone of the submerged iand) as defined in Section 17-4 . 02 and Section 17-4 . 28 , Florida Administrative Code . B. Biophysical features of general area. Include comments concerning extent of development of adjoining properties as well as relevant historical facts about the area. C. Biophysical ;features of specific project site and spoil site if applicable. Include identification of. bottom types and any relevant historical facts about the area of the project. D . Potential impact of project on biological resources and water quality. Address long-term impact as well as im:nediste impact for all aspects of the project . E. Suggestions , where appropriate , for modifications that may reduce or minimi.:e tho potential impact of project. FER.M11 116-10 (Rev. 6/79 ) City of Dania DP 00-`"'J /8-4L1: A. The applicanL proposes to f.il .l. apl)rOximatcly 5000 square feet of suhmerq d land wi-th t"300i cubic yard:; of material. to form a parking lot in association with adjacenL uplands bordering North Ocean Drive in Dania. Additionally, 210± linear feet of vertical bulkhead and 50± linear feet of sand-cement bag riprap are proposed to contain the fill . `Vo marginal clocks, 207 ' X 5 ' and 119 ' X 5 ' are proposed along Lhe vertical. wall and an existing -bulkhead at the north boundary of the site. B. The proposed worksite is located on the east shore of the Intracoastal. Waterway (ICW) approximately 600 feet north of Dania Beach Boulevard. Approximately one-half mile to the north, the Dania Cut-off canal joins the Intracoastal Waterway from the west, further north , east of tire_ ICW, John U. Lloyd State Park extends to the Port Everglades entrance channel . Mangrove wetlands, dotted with some Australian pine , dominate those areas adjacent to and immediately west of the .1cw at the site and extend north of the Dania Cut-off canal . Mangrove wetlands also comprise a large portion of John U. Lloyd State a Park. ti Immediately north of this site is an cast-west canal which at the time of this inspection was occupied by one large boat west of. the North Ocean Drive bridge. The uplands immediately south of this site to Dania Beach Boulevard are undeveloped , with those areas south of Dania Beach Boulevard developed into multifamily dwellings . C. The upland_: of the specific project site are vegetated with grasses and weed species . One older bu.ild;.ng exists at: the north end of the site. The shoreline at/near the moan high water (MIIW) line hosts a few Australian pine (Casuarina eciuisetifolla trees at the southern limits of the project , a fc�•i scattered mature buttonwood (Coiiocarpus ;rectos) and white mangroves (Layuncuiaria racemosa) and one Bras:ilian popper (Schinus tcrebintliifollus7. ——` Large boulder riprap and smaller stones are siLuated along the intertidal area. The sand/mud bottom waterward of mean low water (MLW) was found to host unidentified green and red algal species and the seagrass Halophila sp. Vegetative densities of these species varied throughout the submerged areas ranging from 30o to 500 of the bottom covered. An estimated area of 1500 to 2000 square foot of bottom surface was covered at. the time of the inspection. The areal coverage would be expected to be greater during the warm summer month, which typically demonstrate the most extensive growth of seagrasses . • i City of U,.inia Page Two Ul' 06-50576-6I; D. This project would destroy the 1500-2000 square-foot area of grass and algae described above, thereby eliminating the water functions of the vegetation important. to maintaining good quality. Those functions :include the production of organic detrital material which is a food source for a host of aqual.i.c organisms and which is the basis of the food web in these waters; . the assimilation of nutrients and production of biomass and oxygen; the reduction in turbidity by the settling of suspended material ; and the provision of habitat for aquatic invertebrates . The long-term effect of this project would bo a reduction in quality of the adjacent waters. lPeccal in>li, eco��!?/larc�i 9 akiw May Reso/ul"on ao�ormve01 l982 Maw Rdp4no Mo. Vtce114arpe .dyad Yes ((! Co PK$*I Adams yes n Crm ntw, �ok yes ��� i Completed by Gary Nickr_lsen ---date V GLN:cj