HomeMy Public PortalAbout2006-20 Approving a Beach Management Plan (Sonesta Beach Resort)RESOLUTION NO. 2006-20
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A
BEACH MANAGEMENT PLAN FOR ACTIVITIES WITHIN
THE GOVERNMENT USE DISTRICT; PROVIDING FOR
CONDITIONS; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, pursuant to Section 30-102 of the Code of Key Biscayne, Florida, recreational
activities are permitted within the Government Use District upon approval of a Beach Management
Plan by the Village Council; and
WHEREAS, the applicant, Sonesta Beach Resort, Key Biscayne, located at 350 Ocean
Drive, Key Biscayne, Florida has submitted a Beach Management Plan proposing the use and
operation of recreational activities within the Government Use District for approval by Village
Council; and
WHEREAS, a public hearing of the Village Council was advertised and held, as required
by law, and all interested parties were given an opportunity to be heard; and
WHEREAS, the Village Council having considered the evidence presented, finds that the
proposed activities comply with the requirements of the applicable codes and ordinances and do not
constitute a threat to public safety or welfare, or constitute a danger or impediment to the public
beach area to the extent the application is granted herein.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Approval of Beach Management Plan. In accordance with Section 30-102
of the Village Code, the Village Council hereby authorizes and approves the Beach Management
Plan, attached and incorporated herein.
Section 3. Conditions. The Beach Management Plan as approved, is subject to the
following conditions:
(1) During storage all lounges and chairs shall be stacked and chained together at a
height not to exceed 4 feet.
(2) None of the permitted activities, including the storage of any equipment and the
placement of chairs and umbrellas, shall be maintained or conducted within fifteen
(15) feet of the waterline. The fifteen (15) foot access pathway shall be clear at all
times for emergency access and Village patrol.
(3) Failure to comply with the provisions of the Beach Management Plan as approved,
or the conditions of this Resolution shall result in automatic revocation of Beach
Management Plan approval.
Section 4. Implementation. That the Village Manager is hereby authorized to take any
action which is necessary to implement this Resolution.
Section 5. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 23rd day of May, 2006.
4,12ciA4 4 L___:
MAYOR ROBERT OLDAKOWSKI
2
CONCHITA H. ALVAREZ, CMC, VILLAGE CLE
APPROVED AS TO FORM AND LEGAL SUFFICIE
VILLAGE ATTORNEY
F:\100\103001\Resolutions\Resolution Approving Beach Management Plan - Ritz.doc
VILLAGE OF KEY BISCAYNE
Office of the Village Manager
Village Council
Robert Oldakowski, Mayor
Robert L. Vernon, Vice Mayor
Enrique Garcia
Steve Liedman
Jorge E. Mendia
Thomas Thornton
Patricia Weinman
Village Manager
Jacqueline R. Menendez
DATE: Ma 16, 2006
TO: o ►, . rable ' ► Members of the Village Council
FROM: = Fn - R. dez, Village Manager
RE: Beach Management Plan -- The Sonesta Beach Resort, Key Biscayne
RECOMMENDATION
It is recommended that the Village Council approve the Beach Management Plan, submitted by
The Sonesta Beach Resort, with the following condition:
1. Clear passage for emergency access and patrolling purposes
• As specified under section 30-102 of the Village code, subsection (g)(6), none of the
permitted activities, including the storage of any equipment shall be maintained or
conducted within 15 (fifteen) feet of the waterline. This applies to the placement of chairs
and umbrellas as well.
• The Village needs this 15 (fifteen) feet pathway clear at all times for emergency access and
for patrolling the beach.
BACKGROUND
Ordinance 2005-5 amended the Zoning and Land Development Regulations contained in Chapter
30 of the Village code, for the purpose of protecting the public beach areas and the public's right of
access to the public beach areas within the jurisdictional limits of the Village. The Village
reevaluated the zoning regulations applicable to the Government Use District of the Village Zoning.
The first reading was passed and adopted on April 26th, 2005 and the second reading was passed
and adopted on May 24th, 2005.
cc: David M. Wolpin, Esq., Village Attorney
88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365-5500 • Fax (305) 365-8936
MISSION STATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT"
www.keybiscayne.fl.gov
Department of Public Works
88 West McIntyre St., Suite 230 • Key Biscayne, FL 33149 • Phone (305) 365-8945 • Fax (305) 365-7757
BEACH MANAGEMENT PLAN - PERMIT APPLICATION
Permit Number BMP-03
Name of Property
Street Address of Property
Legal Description: Lot(s)
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Name of Applicant $ INes`f4 Zero-e_A-4 Wes ofd
Address ASO Ct.EAa il...
Phone No. ,3 s- 361—.4-04.1
Name of Property Owner
(if Different from Applicant)
Address
Phone No.
Proposed Hours of Operation
Proposed Area of Operations
Proposed Storage Area Location
Contents
If Applicable, Proposed Storage, Hours
of Use, and Method of Fueling for
All Terrain Vehicle
SR
Aftek
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Village of Key Biscayne
Beach Management Plan — Permit Application
Page 2
If Applicable, Number and Type of
Proposed Non -Motorized Vessels'
All applications must be accompanied by:
• A detailed and dimensioned site plan depicting the type and location of all
proposed activity(ies), structures, garbage containers, storage areas, and where
the use of Vessels is proposed, the location of the proposed channel (subject to
Council approval)
• Indemnity and Insurance form (with Village as additional insured) in a form and
amount approved by Village Attorney
o See attached form
• Proof of ownership of adjacent upland property or written authorization from
upland property owner
• Proposed safety & emergency plan (including storm management/preparation)
o The set plan must be fully implemented upon issuance of a "hurricane
warning" by Miami -Dade County
• Application fee plus the annual inspection fee for the approved activity as
established by resolution pursuant to Section 30-4 of the Village Code
• Any additional information as reasonably required by the Village Manager
1 / The use of motorized vessels is prohibited except for one (1) personal watercraft as defined in
Section 327.02, F.S., maintained in good working condition and available for emergency rescue
purposes only in accordance with Section 30-102(g)(9) of the Village Code.
COVENANT OF INDEMNIFICATION & INSURANCE
Upon approval of a Beach Management Plan by the Village of Key Biscayne (the
"Village") in accordance ' h Se tion 30-102(f) of the Village Code of Ordinances,
S o Nme s- 2Q \ es the "Applicant") hereby covenants and agrees as follows:
1. Applicant shall defend, indemnify, and hold harmless the Village, its elected
officials, officers, agents, and employees from any claim, demand, suit, loss, cost,
expense, or damage which may be asserted, claimed or recovered against or from
Village by reason of any property damage or bodily injury, including death,
sustained by any person whomsoever, which said claim, demand, suit, loss, cost,
expense or damage arises out of or is incidental to or in any way connected with
(1) Applicant's establishment, use, and/or operation of certain recreational
activities within the Government Use Zoning District as specified in Applicant's
Beach Management Plan, (2) Village approval of Applicant's Beach Management
Plan, or (3) Applicant's breach of this Covenant of Indemnification and Insurance
(the "Covenant"). This Covenant shall survive the termination or expiration of
the Beach Management Plan approval.
2. Throughout Applicant's establishment, use, and/or operation of recreational
activities within the Government Use Zoning District as specified in the approved
Beach Management Plan, Applicant shall maintain the following:
A. Commercial general liability insurance for bodily injury, death, or
property damage occasioned by any act or occurrence arising out of or in
connection with Applicant's establishment, use, and/or operation of
recreational activities within the Government Use Zoning District as
specified in Applicant's Beach Management Plan, with minimum liability
limits of $1,000,000.00 for bodily injury or death of any one person and
$2,000,000.00 for bodily injury or death of two or more persons in any
one incident or event, and in the minimum amount of $1,000,000.00 for
damage to property resulting from any one incident. This shall include
coverage for premises/operations, products/completed operations,
contractual liability, and independent contractors. This policy shall
include coverage for contractual liability specifically covering the
indemnity set forth in this Covenant. The Village shall be named as an
additional insured on this policy.
B. Automobile liability in the amount of $1,000,000.00 per
occurrence combined single limit for bodily injury and property damage,
covering all vehicles owned, leased, rented or otherwise hired or used by
Applicant in association with Applicant's establishment, use, and/or
operation of recreational activities within the Government Use Zoning
District as specified in Applicant's Beach Management Plan. The Village
shall be named as an additional insured on this policy.
C. Workers compensation and employer's liability, as required by
Florida Statutes.
3. Simultaneously with its delivery of the executed Covenant, Applicant shall
deliver to the Village Manager certificates of insurance indicating that the above
referenced insurance coverage has been obtained consistent with the terms of this
Covenant.
4. Applicant agrees that in the event of any litigation arising out of this Covenant,
the prevailing party shall be entitled to an award of reasonable attorney's fees and
costs, at both the trial and appellate level.
5. Applicant represents that Applicant has the full right, title and authority to enter
into this Covenant and to make the provisions hereof binding and in full force and
effect.
IN WITNESS WHEREOF, the Applic t has executed this Covenant of Indemnification
& Insurance on the p.4 day of S''1 a. -c. , 2006.
APPLICANT:
WITNESS:
By:
By:
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VILLAGE CLERK
Accepted by the Village of Key Biscayne, Florida this day of ,
2006.
L AGE MANAGER
ATTEST:
HITA ALV,
6P
APPROVED AS TO FORM
AND LEGAL S FI ► IENCY:
VILLAGE ' TTO
F \I 03001\Agreements\Covenant of Indemnification doc
SONESTA BEACH PLAN
OUTLINE OF PLAN:
• Each stack of chairs will below the top of the sand dunes. Each stack will consist of
ten chairs, which is approximately six feet tall. There are thirty-two stacks in total.
• The design of the beach plan is intended to keep the footprint of the chairs low and
minimize the visual impact on the natural surroundings.
• All of the cabanas (7) will be left in the lowered position unless a guest is using them.
They have been mounted in the ground to a depth of three feet up along the base of
the sand dunes. Again, this will maintain the natural appearance of the beach.
• All of the umbrellas will be stored in one of the three storage boxes along the beach.
• There are trashcans placed along each path between the hotel and the beach to help
reduce trash on the beach.
• There are two structures adjoining to our building on the west side of the dunes.
These structures are used to provide snacks and alcoholic beverages. Hours of
operations: Snackerrie: Monday — Friday 11:30 a.m. to 4:30 p.m. Saturday and
Sunday 11:30 a.m. to 5:00 p.m. Seagrape Bar: Monday — Sunday 11:00 a.m. — 6:00
p.m.
LEGEND
• CABANAS
• UMBRELLA BOXES
• STACKS OF CHAIRS
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