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MIAMI RIVER COMMISSION 
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Miami, Fl. 33149
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The Miami River Commission ’s (MRC) Urban Infill Working Group (UIWG) convened on Tuesday, October 19, 2004 , at 10:00 AM , in the Miami Riverside Center , 444 SW 2^nd Ave. , 8^th Floor conference room.  Mr. Jim Murley chaired the meeting, and the sign in sheet is enclosed.

A. Presentation Regarding 517, 555, and 603 NW South River Drive – Ms. Gloria Velazquez, Greenberg, Traurig, presented a proposed residential development, which requires a land use and zoning amendment from Marine Industrial to Commercial.  Ms. Velazquez introduced Mr. Gary Sheer (contract purchaser of the subject site subject to the City Commission approval of the land use and zoning amendment), Mr. Richard Dubin, the current property and shipping terminal owner, Julio Diaz, Fullerton Diaz Architects, Seraj A. Saba, Kimley-Horn and Associates.  The presented design was for Phase I of the development site, and consisted of 118 residential units in a 10-story building.  Ms. Velasquez stated the design of Phase II of the site will include a separate Major Use Special Permit Application, which would be presented to the City Commission at a later date.  The parking garage is facaded on all sides.  The presented Phase I design incorporates a riverfront space in City of Miami owned public right-of-way where NW 7 ST dead ends into the Miami River area, adjacent to the western terminus of the subject property, the eastern terminus includes a riverfront look out area, and the City of Miami’s public right-of-way along South River Drive will include an “on-road” greenway section.  Mr. Dubin explained the proposal maintains the 5 boat slips currently permitted for his property.  Ms. Velazquez stated the potential developer will offer a covenant to the City Commission, binding the presented Phase I design to the approval of the Land Use and Zoning amendment.

Mr. Murley asked for all City of Miami related recommendations on the proposed development.  Ms. Velazquez replied the City of Miami Zoning Board recommended approval, City of Miami Planning Department recommended denial, and the City of Miami Planning Advisory Board recommended denial.

Mr. Murley explained the City Commission requested the MRC’s advisory recommendation, regarding river related agenda items.  Murley further explained the MRC’s process is for the UIWG to advise the full MRC on whether any item is consistent with the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan.  The MRC then places the item on their publicly noticed agenda, the presenters are provided an opportunity to address the MRC, which votes to determine if the proposal is consistent with the aforementioned plans.

Mr. Murley asked for the group to first consider the proposal’s consistency with the Miami River Greenway Action Plan.  Murley explained the plan was adopted by the MRC, City and County Commissions in 2001.  The plan calls for the riverwalk to proceed around any marine industrial sites, as on “on-road” Greenway along North or South River Drives.  Murley clarified that if the land use and zoning on a marine industrial site are amended, the Miami River Greenway Action Plan then requires a publicly-accessible minimum 20-foot wide riverwalk, consisting of a 16-foot wide unobstructed pedestrian path and a four-foot wide passive area with landscaping, benches, lighting, and other amenities.  As the proposed residential development does not include a publicly accessible riverwalk, it was found to be inconsistent with the Miami River Greenway Action Plan (please see attached Technical Review Form).  Mr. Brett Bibeau, MRC Managing Director, asked what the designed building’s setback from the Miami River is, and the presenters replied 10 feet.  Bibeau stated although the subject property is west of the 5^th Street Bridge, and the City Charter only requires a fifty-foot setback from the river including the publicly accessible riverwalk to the East of the 5^th ST Bridge, every residential development approved by the City Commission to the west of the 5^th Street Bridge incorporates a publicly accessible riverwalk, including Royal Atlantic, Terrazas de Miami River, Hurricane Cove, River Run South, and Aguaclara.

Mr. Murley asked for the UIWG to consider whether the proposal is consistent with the Miami River Corridor Urban Infill Plan.  Murley asked Bibeau to cite the appropriate references in the Plan to this area of the Miami River .  Mr. Bibeau replied page 25 contains the following text about the general area of the subject property, “The majority of the East Little Havana waterfront is zoned for waterfront industrial use.  While this use is appropriate and desirable, an expansion of allowable uses to include limited office and commercial (restaurant or retail) as accessory uses only, maintaining the requirement for a primary water-dependent use – would serve to enliven the on-road greenway planned for this portion of South River Drive as well as increase the economic viability of the existing waterfront industrial sites.”  Murley noted the narrow subject property, located directly between existing marine industrial businesses, is a difficult site for a residential development with commercial densities.  As the proposed development does not “include limited office and commercial (restaurant or retail) as accessory uses only, maintaining the requirement for a primary water-dependent use maintain” rather the proposal consists of a residential project without a publicly accessible riverwalk, it was found to be inconsistent with the Miami River Corridor Urban Infill Plan (please see attached Technical Review Form). 

II)  Planning Studies/Presentation

A. Status of Miami River Corridor Transportation Study – The UIWG noted there had been no progress made on the recommended Miami River Corridor Transportation Study to be conducted by the FDOT, City, County and MPO, and deferred the item to the November UIWG meeting.

B.  MIC/FDOT Presentation – The item was deferred at the presenters request to a subsequent UIWG meeting.

C.  Status of Proposed Miami - Dade County Marine Industrial Zoning Overlay Ms. Helen Brown, Miami-Dade County Planning and Zoning Department, stated their Department is working on the open space and landscaping components of the revised draft Marine Industrial Zoning overlay district legislation.  Mr. Bibeau cited the UIWG’s May 18, 2004 minutes, “Ms. Helen Brown, Miami-Dade County Planning Department, provided the MRC with copies of the proposed Marine Industrial Zoning Overlay District Ordinance.  The UIWG noted it had not been revised nor updated yet, and passed a unanimous resolution for Bibeau to write the Miami-Dade County Planning Director, Dianna Quinn Williams, recommending the draft ordinance be finalized and presented to the BCC for consideration.  Ms. Brown explained the process would include the following:

• Revised draft Ordinance submitted to Miami-Dade County Planning Department’s Attorney for review
• Draft Ordinance submitted to Miami-Dade County Attorney for review
• Draft ordinance presented to BCC’s Governmental Operation and Environmental Committee
• Draft Ordinance presented to BCC for consideration

Dr. Fran Bohnsack, MRMG, questioned the necessity of the  “10% Open Space” clause found in the overlay, as it was inconsistent with the nature of the Marine Industrial Use Dr. Bohnsack suggested deleting the clause or inserting a grandfather clause.”

  Bibeau asked how the MRC may assist in moving the process forward, and Brown replied Commissioner Barreiro should express his support of the legislation to the Planning and Zoning Director.  Bibeau noted Commissioner Barreiro clearly stated his support of creating a Marine Industrial Zoning Overlay for unincorporated Dade County ’s riverfront areas.  Bibeau stated the Marine Industrial Zoning overlay district will remain on every UIWG agenda until it is considered by the Board of County Commissioners.

  D. Status of City of Miami Evaluation Appraisal Report (EAR) – Kevin Provenance, City of Miami Planning Department, requested a deferral to the UIWG’s November 2004 meeting.

  E.  Status of Miami Springs Application to Annex Portion of the “ Upper River ” – Mr. Brett Bibeau stated on May 18, 2004 , Mr. Robert Kirschbaum, Miami-Dade County , presented to the UIWG an application for the City of Miami Springs to annex an area of the upper river south shore from unincorporated Miami-Dade County .  Mr. Kirschbaum reported the Board of County Commissioners recently deferred acceptance of the application for 120 days.  Mr. Kirschbaum provided the UIWG with the attached map of the proposed annexation area, which includes the Miami River ’s south shore from NW 20 ST to the salinity dam, and west to NW 42 Ave, including the entire Miami Intermodal Center (MIC) area.  Mr. Kirschbaum stated the Board of County Commissioners has the authority to grant or deny the pending annexation application.

  The UIWG noted municipalities have the authority to amend their land use and zoning, and Miami-Dade County is moving forward with the Miami River Corridor Urban Infill Plan’s recommended Marine Industrial Zoning Overlay.  In addition, the UIWG found the MIC is a regional transportation facility, adjacent to the Miami River , which is a regional waterway.  Therefore, the UIWG advised the MRC to recommend the Board of County Commissioners deny the Miami Springs application to annex this south shore upper river / MIC area.

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