I) Chair Report – MRC Chairman Horacio Stuart Aguirre

The Miami River Commission unanimously adopted the distributed draft November 14, 2016 public meeting minutes, which were previously distributed via electronic mail.

II. Consider Proposed Warrant to Allow a Restaurant in D3 Zoning Located at 125, 129 and 131 NW South River Drive
One week prior to the MRC’s meeting the following backup materials were emailed to the MRC database:

• MRC Urban Infill Subcommittee’s 9/14/16 public meeting minutes
• MRC Urban Infill and Greenways Subcommittee’s 11/14/16 public meeting minutes
• MRC Greenways Subcommittee’s 12/19/16 public meeting minutes
• Letter of Intent with exhibits
• Plans (sent 1/2/17 and revised plans emailed 1/7/17)

Shahab Karmely, Kar Properties, Nick Cardozo, Yachtlife, Iris Escarra, Greenberg Traurig, and Renate Paris and Gustavo Berenblum, Berenblum, Busch Architecture, showed a video, provided copies and presented “Yachtlife (charters and sales) Lounge and Restaurant”. Ms. Escarra stated the site is zoned D3 and Land Use is Port Miami River, therefore the water dependent primary use will be “Yachtlife” charters and sales, and a designated slip for a commercial fishing vessel will bring fresh seafood catches which will be kept live in tanks, and then visitors may pick out their seafood and purchase it to take home, or have it cooked and eaten at the restaurant. They are seeking a Warrant to allow a restaurant, featuring a public Riverwalk, as a secondary use, which will be utilized by the “Yachtlife” charters and sales, in addition to the planned office space for “Yachtlife”. Ms. Escarra stated there is no on-site parking as all parking will be valet at the identified nearby vacant lot. Mr. Karmely noted Kar Properties will develop One River Point, which the MRC previously recommended approval of, and noted his commitment and belief in the Miami River District. Ms. Escarra stated the site currently does not have any permitted slips, therefore they will submit an application to allow boat slips. Ms. Escarra provided copies of the site’s history of certificates of use for the site which does not have a strong marine industrial past, and has been vacant for many years. Mr. Karmely and Ms. Escarra noted all 4 previous warrants for accessory uses in D3 zoning were recommended for approval by the MRC, and approved by the City Commission, including but not limited to Riverside Wharf (4 restaurants with commercial fishing element) and River Yacht Club (restaurant with Van Dutch Yacht Club and Sales). Ms Escarra provided copies of the MRC’s adopted strategic plan, the “Miami River Corridor Urban Infill Plan” page 25, within the section regarding the riverfront within East Little Havana, “While predominately a residential neighborhood, East Little Havana’s waterfront is predominately industrial in nature. Anchored on the east by Jose Marti Park, with a small area zoned restricted commercial, 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, maintain the requirement for a primary water-dependent use would serve to enliven the on-road Greenway planned for this portion of South River Drive (exists today) as well as increase the economic viability of the existing waterfront industrial sites.”

Cory Offutt, owner of boatyard and Tow Boat U.S. operator immediately north of the subject site, (151 NW South River Drive) and Tucker Gibbs, Esq, stated opposition to the proposed restaurant and concern that it would pressure the boatyard out of business. Mr. Offutt stated his marine industrial boatyard, located in D3 zoning, and Port Miami River Land Use, operates 24 hours a day, seven days a week, and generates industrial conditions of cranes, noise, lights, etc., which are incompatible with the proposed adjacent restaurant use, and the two uses can’t co-exist in harmony. Mr. Offutt stated his boatyard employees 15 people with an average annual income of $50,000, and provides 2,000 - 3,000 tows per year from this site, which is their only location. Mr. Offutt stated they have a contract with Miami-Dade County to remove derelict vessels, which are towed to the boatyard, broken into pieces and placed into dumpsters. Tucker Gibbs stated he felt the presented proposal did not maintain a primary marine industrial use as required by code and is therefore inconsistent with the sites “Port Miami River” designation in the City’s Comprehensive Plan.

Ms. Escarra stated they would be providing the “Working River Covenant” as required in the City’s Comprehensive Plan for all new riverfront developments, which would indicate they are aware that the Port of Miami River is a working river subject to 24/7 noise, etc. In addition, the current plans now include a wall and landscaping along the subject property line to provide a physical buffer.

The City of Miami’s Miami 21 Zoning Code Section 3.11, states “b Waterfront Walkways Design Standards 1. Waterfront Walkways shall be designed and constructed within the waterfront standards in accordance with these Waterfront Walkway Design Standards and should remain open to public access during all times, but at a minimum shall remain open to the public between 6 AM and 10 PM. Waterfront Walkways are not required within Transect Zones T3, T4-R, D1, D2 and D3 unless the site is a new Commercial retail, Office or restaurant use.”

Ms. Escarra stated in addition to the Warrant, they are seeking City of Miami’s approval to use existing structures, which are not per the current code. Ms. Escarra stated the proposal is to use the sites existing buildings, and features a public Riverwalk which has a 20 foot unobstructed pathway with the exception of one pinch point at the corner of the smaller existing building which is planned to feature the Yachtlife office, and 2 public side-yard pathways to connect the existing public on-road Miami River Greenway along South River Drive to the public Riverwalk. MRC Greenways subcommittee Chairman Martin and Patty Harris recommended the plans to be revised to pull back the corner of the building to widen the public Riverwalk’s pinch point.

Amanda Smith, City of Miami Planning Department, stated this Warrant application notification was signed today, therefore the City may approve or deny the application no sooner than 30 days from now, followed by a 15 day appeal window.

Bruce Brown and Mark Bailey, Miami River Marine Group and Phil Everingham, Marine Council, stated they are not in favor of the presented proposal because it fails to demonstrate the primary use is marine industrial, and the restaurant as a secondary accessory use, as required by the sites current D3 zoning and Port Miami River designation in the Comprehensive Plan.

MRC Director Bibeau read the following portion of the distributed non-binding Jan 2, 2017 public memo from MRC Urban Infill Chairman Jim Murley and MRC Greenways Subcommittee Chairman Martin:

“Therefore we suggest the MRC recommend approval of the updated warrant proposal with a condition that the site demonstrates continued marine use and public Riverwalk per approved plans and letter of intent.

In addition, we suggest the MRC adopt a 2nd resolution respectfully recommending the City of Miami insert criteria into their Zoning code to assist in future determinations in D3 warrant applications for Marine Industrial as the “primary use” and other uses allowed by Warrant to be measured as the “secondary / accessory use”.

The MRC adopted a resolution to defer the item (9-2) to a “special” MRC meeting on Jan. 23, 2017, noon, 1407 NW 7 ST

III. Consider Pending Warrant Application (#2016-0094) to Allow a Restaurant in D3 Zoning Located at 961 - 971 NW 7 ST (Anchor Marine Boatyard)

One week prior to the MRC’s meeting the following backup materials were emailed to the MRC database:
• MRC Greenways Subcommittee’s 12/19/16 public meeting minutes
• Letter of Intent
• Plans
The applicant, Mr. Henry Greenberg, Longmore LLC, provided a brief presentation, and provided a letter of intent for a valet parking lot at 1000-1020 & 1030 NW 7 ST.

The MRC Greenways Subcommittee’s 12/19/16 public meeting minutes state:
“The distributed November 21 minutes includes the 1st time this item was considered by the MRC subcommittee. Copies of “Proposed Warrant for Anchor Marine on behalf of Longmore LLC – 961 NW 7 ST Warrant Application Package for Proposed Restaurant Use June 13, 2016” and the projects Oct. 19, 2016 Letter of Intent were distributed. The item was presented by architect Omar Morales, Form Group and Henry Greenberg, Long More LLC. The proposal is an “adaptive re-use” of Anchor Marine Boatyard, with the existing 7,509 square foot building and adjacent outdoor riverfront area becoming a 200 seat restaurant, and the 3,696 square foot building’s 1st floor is “marine storage” and the 2nd floor is a “marine charter office” where a vessel charter service will be operated. The site will retain its existing boat slips and they are interested in becoming a water taxi stop.

The plans include 8 new parking spots reserved for the restaurant on City of Miami owned 971 NW 7 ST, folio #01-3135-000-0020, and adjacent City of Miami owned Right of Way, which includes 25 feet of unimproved riverfront shoreline. Mr. Cook stated the City’s zoning code allows the City to consider waiving the parking requirements because the project is an “adaptive re-use”. Mr. John Michael Cornell, representing the adjacent 555 SW South River Drive, noted their site is currently zoned T6-8-O and in the future wants to have vehicular access through a portion of the City Right of Way located between Anchor Marine’s Private Parcel at 961 NW 7 ST and 555 NW South River Drive. Mr. Greenberg stated he is negotiating with a potential valet parking lot in the area that would provide 150 parking spaces, and they would provide more details in writing.

Mr. Mark Burns, City of Miami Asset Management, stated the sites current 30 day revocable license agreement issued in 1999 for the previous owners of the current “Anchor Marine” boatyard use (currently has boats, etc.) will have to be updated. The current 30 day license agreement offers the opportunity for one free covered boat slip for use by a City Marine Patrol vessel. Mr. Greenberg stated they still agree to offer this condition, and MRC Director Bibeau stated he recently communicated with the City of Miami Police Department whom indicated the Marine Patrol would be interested in using the free covered boat slip required under the 30-day license agreement.

Director Bibeau stated the 25 feet of City owned riverfront adjacent to the private parcel has large invasive Brazilian Peppers, and other issues, and this City owned portion of the riverfront could become a section of the public Riverwalk per the City’s adopted Comprehensive Plan, the Miami River Greenway Action Plan and Zoning Code (section 3.11). Currently the existing City owned mesa beige on-road Miami River Greenway enters the subject site from west to east along the riverside of NW 7 ST, and the public pathway could be extended to include this riverfront City owned public right of way immediately south east of the private parcel at 961 NW 7 ST, and then tie back into the existing on-road Miami River Greenway which continues south east along NW South River Drive. Director Bibeau noted if approved, the proposed development would have to pay impact and permit fees to the City of Miami, and perhaps that could be the source of the funding for the needed improvements to this riverfront section of City owned public right of way.

Dr Ernie Martin stated he is President of the Spring Garden Civic Association which is a low-density designated historic residential neighborhood located directly across the Miami River from the subject site which currently operating Anchor Marine boatyard. Dr Martin asked about the noise restrictions from the proposed new restaurant at night, and Mr. Cook, City of Miami Planning Department, replied they would be required to abide by the City’s current noise restrictions as established in the City Code. Mr. Greenberg stated the proposal is for a fine dining restaurant, not a night club.

Mark Bailey, Miami River Marine Group, Philip Everingham, Marine Council and Cory Offut, Biscayne Towing and Salvage, noted Anchor Marine boatyard opened 43 years ago and remains in operation today on this site, and is a good example of a long time functioning boatyard use which should be maintained along the Miami River. Mark Bailey, Miami River Marine Group, and Phil Everingham, Marine Council, stated they are not in favor of the presented proposal because it fails to demonstrate the primary use is marine industrial (restaurant secondary accessory use) as required by the sites current D3 zoning and Port Miami River designation in the Comprehensive Plan. Derrick Cook, City of Miami Planning Department, stated the City Zoning Code requires a marine industrial / water dependent use on riverfront sites zoned the more restrictive D3 Marine Industrial category with “Port Miami River” designation in the City’s Comprehensive Plan, but there are no specific criteria to determine “primary use” versus “secondary / accessory use”.

Mr. Greenberg and Mr. Morales agreed to provide an updated Letter of Intent with more information about the sites proposed marine industrial uses such as the “marine storage” and “marine charter office” noted in the plans within the 3,696 square foot building, including the free covered boat slip for a City of Miami marine patrol vessel, valet parking lot location, and amend the plans to show vehicular circulation for the valet and perhaps an extension of the public Miami River Greenway in partnership with the City of Miami on the adjacent City owned property.”

MRC Director Bibeau read aloud the following portion of the MRC Greenways subcommittee’s 12/19/16 public meeting minutes:

MRC Urban Infill Subcommittee Chairman Martin did not recommend approval or denial of the subject Warrant applicant, rather expressed the following issues to be considered and addressed by the MRC, City and applicants:

1) Need to include public Riverwalk on adjacent City owned riverfront connecting on both ends to the City’s existing adjacent on-road Miami River Greenways along NW 7 ST and NW South River Drive
2) Need to identify secured valet parking lot with sufficient parking spaces for the proposed 200 seat restaurant and revise plans to show valet drop off and pickup circulation
3) Need to clarify area of City owned folio and public Right of Way, and update 30 day revocable license agreement to continue providing free slip for City Marine Patrol and allowing potential future vehicular access for adjacent 555 NW North River Drive and public connecting Miami River Greenway. Is there a public process?
4) Concern about erosion of the marine industry as the proposal would displace Anchor Marine boatyard in operation on this “Middle River” site for 43 years
5) Sound mitigation for adjacent residents

Director Bibeau stated the City of Miami’s warrant application notification was signed over 30 days ago, therefore the City has the right to approve or deny the application at any time.

The MRC adopted a unanimous resolution to defer the item to a “special” MRC meeting on Jan. 23, 2017, noon, 1407 NW 7 ST.

IV. Consider Revised Public Riverwalk Plans at 40 NW North River Drive
Ms. Iris Escarra, Greenberg Traurig and Mr Nino Griego, Itec Design, presented the revised Riverwalk plans for Sushi Samba. They stated the Riverwalk plans are now consistent with City Code requirements, and the minimum width of the unobstructed Riverwalk is the same or greater than previously approved by the MRC.

The MRC adopted a unanimous resolution recommending approval of the revised Sushi Samba Riverwalk, and thanked the City of Miami and Melo Family (developers), Ms Escarra and Mr Griego for the improved Riverwalk design.

V. Update Regarding Appeal of Zoning Interpretation on Miami 21’s Waterfront Standards, Section 3.11

MRC Director Bibeau stated the MRC hasn’t received the City of Miami Zoning Administrator’s revised draft Zoning Interpretation, therefore the item was deferred to the MRC’s “special” meeting on Jan. 23, 2017, noon, 1407 NW 7 ST.

The meeting adjourned.

I) Chair Report – MRC Chairman Horacio Stuart Aguirre

You have before you a copy of the Miami River Commission’s distributed draft January 23, 2017 public meeting minutes, which were previously sent to you via electronic mail. Is there a motion?

On behalf of the entire MRC I welcome our newest MRC board member John Michael Cornell. As you recall, John Michael Cornell has been a regular attendee of all MRC and subcommittee meetings, representing Hurricane Cove and Terminal 555. Governor Scott appointed Luis Garcia from the famous Garcias Seafood Grille and Fish Market, whom appointed John Michael Cornell to serve as his MRC designee.

You have before you your invitation to the free 21st Annual Miami Riverday, 4/1/17, 1-6 PM, in Lummus Park, featuring free Miami River boat rides, live music, environ mental education, historic re-enactors, kayak and paddleboard races, children activities, food, drinks and more. Your attendance is required. The MRC thanks all of the sponsors shown on the invitation. Please help us invite the entire community by taking and distributing as many Riverday invitations as possible.

II. Consideration of Brickell Tunnel Project

The MRC’s Urban Infill and Greenways Subcommittee’s February 15, 2017 public meeting minutes state in part:

“Neal Schafers, Downtown Development Authorities (DDA) MRC designee, presented the distributed copies of the DDA’s Resolution No. 004-2017 adopted on 1/20/17 in response to a presentation from City Commissioner Francis Suarez, which states in part, “Supporting the Brickell Tunnel Project and Urging Placement of the Brickell Tunnel Project on the 5 Year Capital Plan…Urging a Spirit of Cooperation with the Miami River Commission”. In addition, a copy of the draft “Miami River Tunnel Feasibility Study” prepared by Atkins on behalf of the MPO was distributed.

Brett Bibeau, MRC Managing Director, stated the MRC’s adopted Miami River Corridor Urban Infill Plan states in the “Transportation - Implementation Strategies” on page 90, “Request that FDOT, Miami-Dade county and MPO analyze the viability of a tunnel as an alternative to a bridge for future high volume river crossings.” Mr. Bibeau stated the proposed Brickell tunnel is the only solution which provides needed continual flow of both vehicular traffic in the tunnel beneath the Miami River, and vessels navigating above the proposed Brickell tunnel in the Miami River’s federal navigable channel.

Mark Bailey, Miami River Marine Group, and Mr. Everingham, Marine Council, stated conceptual support for the proposed Brickell tunnel, which is consistent with the Miami River Corridor Urban Infill Plan. In order to not block navigation while under construction, Mr Bailey recommended the boring method, not cut and cover. Mr Bailey noted the DDA’s resolution in support of the proposed Brickell tunnel includes supporting statements only from the vehicular traffic perspective, and omits noting the proposed tunnel’s significant benefits for the job generating marine industrial businesses operating along Port Miami River. Per the Federal register, currently vessels often have to wait for the scheduled openings of the Brickell Bridge.

MRC Greenways subcommittee Chairman Martin stated the proposed Brickell Tunnel would include improved riverfront public park and Riverwalk spaces. MRC Urban Infill Subcommittee Chairman Murley noted the proposal will require additional studies such as an extensive PD&E, which should come back to the MRC. In addition MRC Urban Infill subcommittee Chairman Murley stated any proposed tunnel should include flood gates to protect from storm surge and sea level rise.

MRC Urban Infill Subcommittee Chairman Murley and Greenways subcommittee Chairman Martin suggested the MRC find the proposed Brickell Tunnel to be generally consistent with the MRC’s adopted strategic plan, the Miami River Corridor Urban Infill Plan.”

A week prior to the MRC’s 3/6/17 public meeting, the following backup materials were emailed to the MRC database:

1.Draft “Miami River Tunnel Feasibility Study” prepared by Atkins on behalf of the MPO
2. MRC’s Miami River Tunnel Study
3. DDA’s Resolution No. 004-2017 adopted on 1/20/17 in response to a presentation from City Commissioner Francis Suarez, which states in part, “Supporting the Brickell Tunnel Project and Urging Placement of the Brickell Tunnel Project on the 5 Year Capital Plan…Urging a Spirit of Cooperation with the Miami River Commission”

MRC attendees noted the Brickell Tunnel proposal will require additional studies such as an extensive PD&E, which would come back to the MRC.

The MRC adopted a resolution (11-1) MRC Urban Infill Subcommittee Chairman Murley and Greenways subcommittee Chairman Martin suggested the MRC find the proposed Brickell Tunnel to be generally consistent with the MRC’s adopted strategic plan, the Miami River Corridor Urban Infill Plan.

II. Update Regarding Appeal of Zoning Interpretation on Miami 21’s Waterfront Standards,
Section 3.11

The MRC’s Urban Infill and Greenways Subcommittee’s February 15, 2017 public meeting minutes state in part:

“The MRC’s November 14, 2016 public meeting minutes state in part:
‘Chairman Aguirre stated on November 2 the City of Miami Zoning Administrator issued a Zoning Interpretation which removes the City of Miami Zoning Code’s Waterfront building setbacks, view corridor setbacks and public Riverwalk requirements along the Miami River west of the 5 ST Bridge (Miami 21 Section 3.11 and Appendix B). Since then, the City of Miami Zoning Administrator provided a distributed draft revised zoning administration, which reinserts these important legal requirements into the Zoning Code, as they have been since Miami 21’s adoption. The current Zoning interpretation is appealable for only 15 days, which expires on November 17.

MRC board members asked Director Bibeau for additional background information. Director Bibeau replied long before the current Miami 21 Zoning Code was adopted estimated 7 years ago, the public at referendum approved inserting these waterfront building setbacks, view corridors and public walkways along Biscayne Bay and the Miami River, up to the 5th ST Bridge into the City Charter. When the City of Miami presented the draft new zoning code, Miami 21, to the public and the MRC, the Code clearly stated, “In addition to the Miami City Charter requirements, the following Setback, walkways, and waterfront standards shall apply to all waterfront properties within the City of Miami, except as a modifications to these standards for all waterfront properties may be approved by the City Commission pursuant to the procedures established in the City Charter.” Expanding the City Charter requirements which had been limited geographically to Biscayne Bay and the Miami River up to the 5 ST Bridge would in addition now apply to “all waterfront properties within the City of Miami”. Since Miami 21’s adoption estimated 7 years ago, including Section 3.11, these “Waterfront Standards” have been applied, as required by the Code, to 4 developments on the Miami River located west of the 5 ST Bridge. The Issued Zoning interpretation now only applies these legal requirements for the public Riverwalk, waterfront building setbacks and waterfront view corridors to Biscayne Bay and the Miami River east of the 5 ST Bridge.

The Miami River Commission unanimously agreed to file an appeal to the Zoning Interpre-tation, and continue working with the City of Miami towards amending or reversing the issued Zoning Interpretation, in order for the Code’s legal requirements for waterfront walkways, building setbacks and view corridors to remain in place for the entire Miami River and all connecting waterways (up to the salinity dams or terminus, whichever comes first).’

Director Bibeau reported he has been reaching out to the City’s Zoning Administrator, but is yet to receive an updated 2nd draft zoning interpretation or reversal after the one referenced above, “the City of Miami Zoning Administrator provided a distributed draft revised zoning administration, which reinserts these important legal requirements into the Zoning Code, as they have been since Miami 21’s adoption.” Director Bibeau stated he hopes to finalize reinserting the Miami River and its tributaries west of 5 ST into section 3.11 and Appendix B before the MRC’s Appeal is considered by the City’s Planning Zoning and Appeals Board, so the appeal maybe dropped.”

MRC Director Bibeau stated he recently received the distributed proposed text zoning code text amendment which would clearly continue to include the entire Miami River and its tributaries in the Waterfront Standards Section 3.11 and Appendix B.

The MRC unanimously recommended the City of Miami adopt the aforementioned text amendment to Miami 21, and if done so prior to the subject appeal being considered, the MRC would be able to drop the appeal.

III. Consideration of Plan Amendments to Naheem Khan Project at 1175 NW South River Drive

The MRC’s February 15 2017 public meeting minutes were distributed a week prior to and during the meeting, which state in part:

“MRC Urban Infill Subcommittee Chairman Murley noted he works for Miami-Dade County which previously approved reimbursable grant funding the County would provide the proposed Naheem Khan project located at County owned 1175 NW South River Drive, after milestones of creating new jobs are met. Therefore he recused himself from the following item discussed under “New Business”.

Director Bibeau distributed the MRC’s adopted Feb 1, 2016 public meeting minutes which state in part:

I) “Consideration of “Naheem Kahn” Project, 1175 NW South River Drive

The MRC’s Urban Infill and Greenways subcommittee’s January 21, 2016 public meeting minutes state:

“The Miami River Commission’s November 2, 2015 public meeting minutes were distributed stating, ‘The following documents were distributed prior to the meeting, presented and reviewed during the public meeting, regarding 1175 NW South River Drive:
• Board of County Commissioner’s Economic Prosperity Committee’s Agenda Item 2(B), a $1.5 million “Economic Development Fund” grant to fund a public Riverwalk and new seawall at the “Naeem Khan Project”.
• City of Miami’s adopted zoning code section 3.11 and Appendix B
• City of Miami’s adopted zoning code, “Article 4, Table 3, Building Function: Uses”
• Miami River Commission’s Greenways subcommittee’s 10/21/15 public meeting minutes
• 1st Draft Plans for Naeem Khan’s Proposed Development
Director Bibeau stated the distributed County Agenda item was approved at County subcommittee and will be considered by the full Board of County Commissioners on 11/3/15.

Mr. Naheem Khan, Ms. Rosario Kennedy and Mr. Alfonso Jurardo, Architectonica, distributed and presented the 2nd draft plans and narrative. The 2nd draft plans now feature a vessel along the river, and the public Riverwalk connects to the west with the existing public Riverwalk beneath and adjacent to 12 Ave Bridge, and to the east along the side yard connecting with the existing on road Miami River Greenway on North River Drive at the south east corner of the site.

Mark Bailey, Miami River Marine Group, noted 1175 NW South River Drive, leased by the Board of County Commissioners to Naheem Kahn for his proposed project, is zoned the most restrictive “D3” and the currently designated Land Use is “Port of Miami River”. Therefore, Mr. Bailey questioned if the proposed project is consistent with the vacant site’s existing land use and zoning, or would it require a land use & zoning amendment, “warrant” or “exception”? Mr Kahn and Ms Kennedy stated the project will use a vessel to import and export containers carrying fabric, beads, etc, in addition to recreational yacht access, therefore is consistent with the existing land use and zoning. Manny Prieguez noted he has shipped containers of seafood from his Miami River Lobster and Stone Crab site on the Miami River. Bruno Barreiro noted this County owned site has been vacant for years, and was previously a County Carpentry shop.

The MRC unanimously recommended the Board of County Commissioners approve the grant for the site’s public Riverwalk and new needed seawall, and asked for the specifics of the development proposal to be considered by the MRC’s Urban Infill and Greenways subcommittees in November, followed by the full MRC on December 7.’

Ms Rosario Kennedy, Mr Alfonso Jurardo, Architectonica, and Ms Lucia Dougherty, Greenberg Traurig, distributed and presented the revised draft plans. The new plans increase the square footage by widening the west wall by 15’ on the site. Ms. Kennedy recommended relocating the City of Miami Fire Department’s storage of unused equipment adjacent to the site on South River Drive beneath the 12 Ave Bridge, which the City rents from FDOT.

MRC Director Bibeau distributed the City of Miami’s adopted zoning code, “Article 4, Table 3, Building Function: Uses”. Ms Dougherty noted the renditions still include a recreational yacht and an international shipping vessel transporting containers containing fabric, garments, and beads. Ms. Dougherty stated the plans will maintain the site’s current D3 zoning, Port of Miami River Land Use. Ms Dougherty stated the City of Miami’s Zoning Administrator classified this development on the table under “Industrial” as “Manufacturing and Processing” which requires a “Warrant” but requires less parking therefore the plans have sufficient parking spaces, or be classified as a “Marine Related Industrial Establishment” which would be “Allowed by Right”, but requires more parking spaces than the plans provide, therefore a reduction of required parking spaces would be required.

Mr Mark Bailey, Miami River Marine Group, asked if the development team had met with the U.S. Coast Guard regarding Homeland Security and MTSA requirements for this new proposed international shipping location, and DERM regarding obtaining the required marine operating permit, and the team replied not yet.

Ms. Dougherty stated the developer is willing to design, permit, fund and construct the public Riverwalk connector on the west end to extend the additional estimated 35 feet on FDOT public ROW in order to connect with the existing public Riverwalk and sideyard connector at the 12 Ave Bridge. The site’s new public Riverwalk will feature a new seawall, maybe maintenance dredging along the shoreline, and a 6-foot wide dock. Chairman Aguirre noted the renditions for the dock need large bollards added, and the dock should be made of concrete to accommodate the depicted large shipping vessel.

MRC Urban Infill Subcommittee Chairman Murley and Greenways Subcommittee Martin suggested the MRC find the proposed development consistent with the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan subject to the following conditions:

1) Securing all vessel requirements established by U.S. Coast Guard, DERM, etc
2) Securing FDOT permission to construct the public Riverwalk connector to the west on FDOT ROW at the 12 Ave Bridge and removing the storage lot beneath the Bridge”

During the MRC’s Feb. 1 meeting, Ms Rosario Kennedy stated since the MRC’s Jan. 21 public subcommittee meeting (quoted above) the development team met with the United States Coast Guard and will be working with them on compliance. Ms Kennedy stated the City of Miami Fire Department is willing to remove the junk yard beneath the 12 Ave Bridge on the south shore. Mr Juardo noted the revised plans now include a loading area, and a public sideyard connector from the sidewalk on South River Drive to this site’s public Riverwalk which will connect with the existing Riverwalk and sideyard connector at FDOT’S 12 Ave Bridge, and the color of the on-road Greenway is the required mesa beige. The public Riverwalk is 25 feet wide. Ms Lucia Dougherty stated consultant Christy Brush believes the site will be permitted for 3 boat slips.

MRC Director Bibeau distributed the City of Miami’s adopted zoning code, “Article 4, Table 3, Building Function: Uses”. Ms Dougherty noted the renditions still include a recreational yacht and an international shipping vessel transporting containers containing fabric, garments, and beads. Ms. Dougherty stated the plans will maintain the site’s current D3 zoning, Port of Miami River Land Use. Ms Dougherty stated the City of Miami’s Zoning Administrator classified this development on the table under “Industrial” as “Manufacturing and Processing” which requires a “Warrant”.

MRC Chairman Aguirre stated this is a mixed-use compromise and improvement on the existing vacant conditions.

Ernie Martin made a motion for the full MRC to support the subcommittee’s findings, “the MRC finds the proposed development consistent with the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan subject to the following conditions:

1) Securing all vessel requirements established by U.S. Coast Guard, DERM, etc
2) Securing FDOT permission to construct the public Riverwalk connector to the west on FDOT ROW at the 12 Ave Bridge and removing the storage lot beneath the Bridge

The motion was seconded by Manny Prieguez and unanimously adopted by the MRC.”
MRC Director Bibeau distributed emails from the development team and renditions of the previously presented project and the revised proposed project, with only the following changes:

1) Increase of 1 story on 1 of the 2 proposed buildings. Original 3 and 4 story structures now proposed to become 3 and 5 stories.
2) Different exterior wall materials / design

The developer team emails state, “the design was slightly modified but that the waterfront standards, Riverfront dimensions and overall program remain the same… As promised I have included the Riverwalk Details comparisons from 2015 and 2017 - the walk remains at 25 feet wide. I have also included a site plan comparison ... you will see the 2017 site plan includes the off-site parking under the bridge”

The developer team indicated progress has been made on the MRC’s 2 previously recommended conditions of:

1) Securing all vessel requirements established by U.S. Coast Guard, DERM, etc
2) Securing FDOT permission to construct the public Riverwalk connector to the west on FDOT ROW at the 12 Ave Bridge and removing the storage lot beneath the Bridge

MRC Greenways subcommittee chairman Murley suggested the full MRC re-affirm their previous unanimous recommendation on this item and continue to find the proposed development consistent with the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan subject to the following conditions:

1) Securing all vessel requirements established by U.S. Coast Guard, DERM, etc
2) Securing FDOT permission to construct the public Riverwalk connector to the west on FDOT ROW at the 12 Ave Bridge and removing the storage lot beneath the Bridge”

Ms Rosario Kennedy distributed and presented the revised / updated plans:

1) Increase of 1 story on 1 of the 2 proposed buildings. Original 3 and 4 story structures now proposed to become 3 and 5 stories.
2) Different exterior wall materials / design
3) The proposed plans now include a vocational school
4) The proposal still incorporates vessels on the site to ship materials, and recreation yacht access for customers
5) Site still includes public Riverwalk consistent with Miami 21 Section 3.11, Appendix B, and will include construction of the Riverwalk connector on FDOT land connecting to the existing public Riverwalk to the west beneath the FDOT owned 12 Ave Bridge
6) Estimate completion of the proposed development in mid 2019.

The MRC adopted a unanimous resolution recommending finding the presented Naheem Khan project consistent with the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan subject to the following conditions:

1) Securing all vessel requirements established by U.S. Coast Guard, DERM, etc
2) Securing FDOT permission to construct the public Riverwalk connector to the west on FDOT ROW at the 12 Ave Bridge and removing the storage lot beneath the Bridge
3) The applicant submits presented / amended / updated plans presented to the MRC on 3/6/17 to the City of Miami for permitting
4) The project include the public Miami River Greenway signage required by Miami 21

IV. MRC Subcommittee Reports
A. Greenways Subcommittee
The Greenways and Urban Infill Subcommittee’s February 15 public meeting minutes were distributed, and our next public meeting is March 22, 2017 at this same address.
I respectfully recommend the City of Miami apply for the currently open state TAP grant funding cycle for $1 million to construct another section of the public Miami River Greenway.

B. Stormwater Subcommittee - Chair Sallye Jude
The Stormwater subcommittee met last Wednesday. The City of Miami is reviewing 2 bids for the fully funded and permitted Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project. The City estimates selecting the bidder in April, and commencing the project in May 2017.

C. Economic Development and Commerce Subcommittee - Chair Phil Everingham
Next public meeting of the MRC’s Economic Development and Commerce Subcommittee will be held April 18, 2:30, 1407 NW 7 ST.

The meeting adjourned.

I. Chair Report

The Miami River Commission unanimously adopted the May 1, 2017 public meeting minutes which were distributed a week prior to the meeting.

Vice Chairman Jose Felix Diaz presented the following sample of some of the items recently addressed in the Miami River Voluntary Improvement Plan (VIP):

On behalf of the MRC I thank all the volunteers from the following five volunteer events since our last meeting:

Hands on Miami on May 13 and May 27 planted additional plants, pulled weeds, and spread mulch in the community vegetable and fruit garden on the public Riverwalk here at 1407 NW 7 ST.

Upcoming MRC funded and coordinated volunteer Miami River beautification events include:
Marlins Ayudan on June 8 will join Artist Xavier Cortada to repaint the existing sunset mural beneath the 27 Ave Bridge’s south shore.

Over 120 volunteers from YMCA will be planting, mulching, painting over graffiti and removing garbage along various sections of the public Miami River Greenway on July 18, August 1 and August 3.

Hands on Miami volunteers on June 10 will pull weeds and spread mulch in the community vegetable and fruit garden on the public Riverwalk here at 1407 NW 7 ST.

MRC received a call from Harry Horgan, Shake a Leg, regarding a vessel docked on the Miami River without the permission of the new upland property owner. The item was referred to City of Miami Marine Patrol and DERM.

II. Presentation of Plaques of Appreciation for the ST Legislative Session

The Miami River Commission thanks the entire Florida Legislature for approving $150,000 for the Miami River Commission’s continued programs in the State’s Fiscal year 2017-2018 budget. We would like to present a few plaques of appreciation to our champions, as a small token of our appreciation:

Chairman of the Dade Delegation, and MRC Vice Chairman Jose Felix Diaz – Chairman Diaz has been a long-term supporter of the Miami River Commission. Before being elected, as a part of the excellent “Leadership Miami” program, Representative Diaz brought his entire class on an educational Miami River Boat Tour narrated by MRC Executive Director Brett Bibeau. Ever since then, Representative Diaz has had a deep understanding of the Miami River District, and has been a true champion for the MRC’s efforts to secure State funding the last 4 years. Thank you, Chairman Diaz.

Senator Rene Garcia – The MRC thanked long term supporter Senator Rene Garcia, whom kindly sponsored the item in the Senate.
State Representative Roy Hardemon, is a new volunteer designee on the Miami River Commission, and was very supportive of the MRC’s request this year.

Senator Braynon and Rep Trujillo were unavailable to attend the meeting, therefore the MRC cordially invited them to receive their plaques of appreciation at the MRC’s July public meeting

Unfortunately, this funding approved in the State Legislature’s adopted budget was surprisingly line item vetoed by Governor Rick Scott.

III. Presentation of Plaques of Appreciation for Miami Riverday

Chairman Aguirre noted the rotating PowerPoint with pictures from the wonderful free 21st Annual Miami Riverday, held April 1 in the recently improved Lummus Park, featuring free Miami River boat rides, live music, environmental education, historic re-enactors, kayak and paddleboard races, children activities, food, drinks and more.

The MRC thanked Congresswoman Ros-Lehtinen, Mayor Regalado, and Commissioners Gort and Carollo for presenting sponsors with plaques of appreciation at Riverday, and now we want to present the following remaining plaques to the sponsors whom were unable to join us on stage at Riverday:

• Miami-Dade County, Commissioner Barreiro and Frank Balzebre
• the City of Miami, Commissioner Carollo
• Hurricane Cove, John Michael Cornell
• the Miami Parking Authority, Art Noriega
• Island Queen Cruises, Tania Padilla
• the Florida Inland Navigation District, Spencer Crowley
• Biscayne Bay Pilots, Charlie Hand
• Boxvault Self Storage, Alex Mantecon and Guillermo Valdes
• Apex Marine, Issy Perera

Chairman Aguirre stated this year Miami Riverday was dedicated to honoring and paying tribute to the memory of the late Captain Herbert Beau Payne, P&L Towing, an incredibly kind and generous man whom served as a volunteer member of the Miami River Commission, and did so much for his community as a whole.

Captain Beau Payne provided countless educational Miami River Boat Tours aboard his beautiful red and white P&L Tug Boats, to bi-partisan leaders such as Congresswoman Ros-Lehtinen, Congresswoman Debbie Wasserman Schultz, Senator Bob Graham, Supreme Court Justice Sandra Day O-Connor, Army Corps of Engineers Generals, the Florida Legislature, the South Florida Water Management District, Florida Inland Navigation District, Miami-Dade County and the City of Miami. The agreements were literally struck on Beau’s tug boats for all these parties to provide cost shares for the successfully completed $89 million Miami River maintenance dredging and environmental cleanup project, which restored Port Miami River’s federal navigable channel.

In addition to the Annual Miami River Map and Guide and the Miami River Calendar, every year Beau generously sponsored the free annual Miami Riverday.

Beau had three wonderful children Rikki Payne, Oliver Payne and Amanda Dimuro-Clark. I’m so glad Rikki, Oliver, and some of Beau’s additional family and close friends joined us on stage while we dedicated Miami Riverday to honor Beau’s legacy. Congresswoman Ros-Lehtinen spoke about her friendship with Beau and the numerous helpful educational Miami River boat tours which he kindly donated aboard his tug boats in support of the job generating Port Miami River.

Then City of Miami Mayor Regalado presented a formal proclamation from the entire City of Miami designated April 1 as Captain Beau Payne Day.

II. MRC Subcommittee Reports
A. Greenways Subcommittee - Chair Dr. Ernie Martin
The Greenways subcommittee’s May 19 public meeting minutes were distributed.
I thank the 26 Principals of the SWA Group whom are spending June 22 and 23 conducting a pro-bono planning charrette on the Public Riverwalk. The public is invited to the James L Knight Convention Center, 400 SE 2 Ave, on June 23 at 4 PM.

Since the City and County’s adoption of the Miami River Greenway Action Plan, of the planned 10 mile public Miami River Greenway, 6.5 miles are complete. Therefore, the MRC is continuing to advocate for funding to finish construction of the remaining 3.5 miles of the public Miami River Greenway from the following sources:

1. City Proposed GO Bond Issue – I thank Commissioner Russell for walking a portion of the public Riverwalk with MRC Chairman Aguirre, the DDA, Spencer Crowley, FIND, Epic, and other Riverwalk supporters last Friday. I thank the full DDA, Chaired by Commissioner Russell, for formally requesting and advocating for the City bond issue to include a $25 million line item for construction of the public Riverwalk and Baywalk.
2. State Sun Trail Grant (City needs to submit application)
3. County GOB Bond Issue (expend remaining “Miami River Greenway” line item balance due plus additional pledged $1,000,000)
4. Expend $1,000,000 2016 TAP grant awarded to the City of Miami
5. City of Miami’s $1,000,000 2017 TAP grant application pending
6. FIND 50/50 matching grants
7. Private sector developments

B. Stormwater Subcommittee - Chair Sallye Jude
The Stormwater subcommittee’s June 7 public meeting agenda has been distributed, and the meeting will be held here at 10 AM. The Miami River Commission (MRC) is appreciative that after the 2nd Request for Proposals, the City of Miami contracted and issued a “Notice to Proceed” to Sevenson Environmental Services, Inc, established in 1917, to conduct the fully funded and permitted Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project. The MRC thanks the City of Miami, Florida Inland Navigation District, and the State of Florida for funding the project which will improve the local economy and remove toxic sediments, including dioxin, from the most polluted waterway in the State of Florida. The City of Miami estimates actual dredging to start this Friday, and they will be inviting the public to an official commencement ceremony in the near future.

C. Economic Development and Commerce – Chair Philip Everingham
The MRC’s Economic Development and Commerce subcommittee will be considering the City of Miami Commission’s future item regarding the proposed Soccer Stadium Zoning Agenda Item, including parking, maintenance of traffic, restrictions on number of concerts, etc at a future public meeting.

III) New Business

Ernie Martin stated on June 6 the Miami-Dade County Commission is considering an agenda item regarding the sale of County land at market rate to the proposed Soccer Stadium developers (including terms of the sale, market rate, deposit, closing terms, interest rates etc). Mr. Martin, stated the Spring Garden Civic Association recommends denial of the soccer stadium agenda items at the County and the City levels, because it would generate noise, traffic, and parking issues in the surrounding neighborhoods of Spring Garden and Overtown.

Manny Prieguez stated the Miami River Commission’s standard operating procedure is to provide advisory recommendations regarding proposed riverfront developments. Mr. Prieguez noted the proposed Soccer Stadium is 2 blocks inland from the Miami River, therefore per standard operating procedure the MRC should not create an advisory recommendation on the proposed soccer stadium.

Spencer Crowley, Akerman, stated he represents the soccer stadium developers. Mr. Crowley stated they have written the Spring Garden Civic Association a letter, and delivered communications door to door in the Spring Garden Neighborhood. Mr. Crowley stated they look forwarding to hearing back from the Association and communicating further about a Memorandum of Understanding (MOU) which would address the residents’ concerns via the soccer team hiring uniformed police officers to block all entrances to Spring Garden allowing only residents to enter the neighborhood eliminating all stadium related traffic and parking in the area, traffic improvements i.e. street traffic lights, restricting the number of concerts and games, etc.

The meeting adjourned.

I. Chair Report – MRC Chairman Horacio Stuart Aguirre
The Miami River Commission unanimously adopted the May June 5, 2017 public meeting minutes which were distributed a week prior to the meeting.

On behalf of the Miami River Commission I warmly welcome our newest designee’s, Roselvic Noguera was appointed by Sara Babun, Antillean, and David Maer, appointed by ST Attorney Katherine Fernandez Rundle. The entire MRC sincerely thanks the previous MRC members, Gary Winston whom served as the ST Attorney’s designee for the past 19 years since the MRC’s inception in 1998, and Duber Luzardo from Antillean Marine.

Friendly reminder that like other boards in Miami the MRC doesn’t host public meetings in August. The 1st Monday of the month in September lands on Labor Day, therefore the MRC’s next public

On behalf of MRC Vice Chairman, Rep. Jose Felix Diaz, MRC Director Bibeau presented the following sample of some of the items recently addressed in the Miami River Voluntary Improvement Plan (VIP):

On behalf of the MRC I thank all the volunteers from the following five volunteer events since our last meeting:
• Marlins Ayudan on June 8 repainted the existing sunset mural beneath the 27 Ave Bridge’s south shore.
•  Hands on Miami volunteers on June 10 and July 8 pulled weeds and spread mulch in the community vegetable and fruit garden, and picked up litter along the public Riverwalk here at 1407 NW 7 ST.
• Miami Dolphins Summer Camp Volunteers on June 26 picked up garbage along the public Riverwalk here at 1407 NW 7 ST.

Upcoming MRC funded and coordinated volunteer Miami River beautification events include:

• Hands on Miami volunteers on July 22 will pull weeds and spread mulch in the community vegetable and fruit garden on the public Riverwalk here at 1407 NW 7 ST.

•  Over 120 volunteers from YMCA will be planting, mulching, painting over graffiti and removing garbage along various sections of the public Miami River Greenway on July 18, August 1 and August 3.

•  Over 120 volunteers from Dolphins Summer Camp will be picking up litter along the public Riverwalk on July 11 in Sewell Park, July 17 in Curtis Park, and August 8 in Fern Isle Park.

II. Consider Proposed Land Use Amendment from Port Miami River to Restricted Commercial, and Proposed Zoning Amendment from D3 (Marine Industrial) to T6-8 (High Density Residential) for the Upland Portion of 1583 NW 24 Ave Presentation of Plaques of Appreciation for the ST Legislative Session
The MRC Urban Infill Subcommittees 5/19/16 public meeting minutes state in part:

I) “Consideration of Revised Plans for “Seavault” Located at 1583 NW 24th Avenue

MRC Director Brett Bibeau distributed the following excerpt from the MRC’s most recent consideration of this site on March 2, 2015:

‘VI) Consideration of “SeaVault”, 1583 NW 24 Avenue (MRC previously approved “Miami Mega-Yacht Club”
Updated proposed plans, the MRC Urban Infill and Greenways February 11, 2015 public meeting minutes, and the MRC’s March 3, 2014 public meeting minutes were distributed one week prior to the meeting, and additional copies were distributed at the meeting, stating in part:

“MRC Director Bibeau referenced an email he received from Scott Bakos, Bermello Ajamil & Partners representing Tony Rodriguez and Homero Meruelo on the SeaVault project located at 1583 NW 24th Avenue (formerly approved by the MRC on 3/3/14 as “Miami Mega Yacht Club”) stating in part, ‘making a presentation to you / the board to present the progress of this project. By separate email, I will send you the latest drawings and renderings.

Overall, the SeaVault project (programmatically and the overall site plan layout) is the same as you last saw. We have a total of (14) fourteen private covered slips that range in length from 150 feet to 230 feet long. Each private slip / berth has a “Captain and Crew Quarters” which is a (3) three level ancillary support building directly adjacent (at the end) of each berth / slip. The project still has a small cold storage building, club-house, pool and tennis court for the crew. All of this remains the same from what Tony presented to you previously. What has changed is the look; the Architecture is modern. The main building that houses the (14) fourteen slips is broken into (3) three parts or sections, each section has a sweeping curve roof that will be a combination of solid and Kalwall to allow natural light into all slips so that work on the vessels while berthed can be done without the need for artificial light, which also provides for a dramatic night-time appearance. The Captain and Crew Quarters step back at each level and inherently scaled down the main building facing 15th street. This stepping provides a transition and favorable compatibility to the surrounding neighborhood.’

Director Bibeau added the applicant told him in consultation with the City of Miami there is a covenant / restriction that the referenced “Each private slip / berth has a “Captain and Crew Quarters” which is a (3) three level ancillary support building directly adjacent (at the end) of each berth / slip.” must be owned and occupied by the owners, and they will not be allowed to sell or rent the “Captain and Crew Quarters” to parties not directly connected to the respective mega yacht slip.

MRC Urban Infill Chairman Murley and MRC Greenways Chairman Martin suggested the full MRC continue to support the MRC’s following 3/2/14 resolution, “The Miami River Commission unanimously found the “Miami Mega-Yacht Club” proposal consistent with the adopted Miami River Corridor Urban Infill Plan, and therefore support it receiving all needed permits and approvals as required by various codes in order to come to fruition.

Scott Bakos, Bermello Ajamil & Partners and Mr. Tony Rodriguez presented the subject updated and distributed plans. The MRC adopted a unanimous resolution reaffirming the MRC’s previously adopted March 2, 2014 resolution, “The Miami River Commission unanimously found the “Miami Mega-Yacht Club”, renamed “SeaVault” proposal consistent with the adopted Miami River Corridor Urban Infill Plan, and therefore support it receiving all needed permits and approvals as required by various codes in order to come to fruition.’

The site owner Homer Meruelo stated despite best efforts for pre-sales, apparently Mega Yacht owners and captains prefer to be docked closer to the mouth of the Miami River, rather than west of 22 Ave which takes time to be towed in the Miami River’s idle no wake speed zone etc. Therefore Mr. Meruelo and his architect Leo Bellon distributed and presented the site’s revised plans featuring 45 boat slips and 45 commercial units for residential, storage or office uses. The boat slip sizes are 15 slips at 100’ x 20’, 15 slips at 75’ x 18’, 15 slips at 50’ x 15’ for a total of 45 boat slips which is consistent with the site’s current Marine Operating Permit for 45 total slips. The commercial units will have unity of title with the boat slips, therefore each boat slip must be sold with one commercial unit, and commercial units will not be sold with a boat slip. The 45 self- standing commercial units are 3 stories each, featuring 3,500 – 4,000 square feet each, and a portion of the existing water slips would have to be filled with new land to create sufficient upland to construct the proposed 45 commercial units. Mr. Meruelo stated he would provide a draft Working River Covenant, as required by the Comp Plan. Mr. Bellon stated he would provide elevations of the proposed 45 commercial units. The site is currently zoned D3 under the Port Miami River sub-element of the Comp Plan, and Mr. Meruelo stated he hopes the City of Miami would grant the request via amending their previously approved administrative waiver for the previously proposed 14 commercial units.

MRC Director Bibeau distributed copies of the site’s current Port Miami River sub-element of the Comp Plan, and a page of the Miami 21 Zoning code indicating the site’s current D3 zoning does not allow any residential units, while the D1 zoning (still under Port Miami River sub-element of the Comp Plan) would allow 36 units per acre.
MRC Urban Infill Subcommittee Chairman Murley made the following non-binding recommendation to the full MRC:

1) The current proposal is not consistent with the site’s existing D3 zoning (because 45 units proposed in D3 which does not allow units) and is not consistent with the Miami River Corridor Urban Infill Plan
2) Procedurally the proposed plans should be considered as a zoning amendment application (yet to be filed) from D3, which does not allow units, to D1 which allows 36 units per acre
3) When any Miami River development site reconstructs the adjacent public right of way (street and sidewalk) it should be consistent with the City of Miami’s adopted on-road Miami River Greenway design standards and guidelines
4 ) If this site is redeveloped, allow the public Riverwalk to the east at River Run South to exit and enter via a new public side yard Miami River Greenway connector on the subject site (1583 NW 24 Ave) connecting the sidewalk on the street to the public Riverwalk at River Run South

MRC Urban Infill subcommittee Chairman Murley stated the item maybe considered by the full MRC on June 6, noon, 1407 NW 7 ST, or the developer team may ask for the item to be deferred and considered at a later MRC meeting.”

Jorge Navarro and Lucia Dougherty, Greenberg Traurig, Leo Bellou, Bellou Architecture, and Homero Meruelo, site owner, presented revised plans and a new letter of intent for the subject site. The current subject proposal includes a proposed Land Use Amendment from Port Miami River to Restricted Commercial, and Proposed Zoning Amendment from D3 (Marine Industrial) to T6-8 (High Density Residential) for a portion of 1583 NW 24 Ave. The proposal is for 230 residential units, maintaining the currently permitted 45 boat slips as a marina, a riverfront restaurant and marine retail, and a publicly accessible Riverwalk consistent with requirements of Miami 21 Sections 3.11 and appendix b. The applicants stated they would revise the submitted plans on page A-02 to depict the area proposed to no longer be designated “Port Miami River” is 100% upland, and the minority of the entire site. In addition, the applicants indicated they would present revised plans in which the planned filling and dredging of the existing slips will no longer result in a net loss of the total existing water slip area. The applicants stated they would revise the plans to slightly widen the currently proposed 5’ wide public pathway on the east side of the project which connects the public riverwalk’s eastern terminus to the public sidewalk on the NW 15 ST (SE corner of the site). The applicants stated they will further analyze the parking requirements for the proposed 230 residential units, 45 boat slips with new seawalls and sheds, and riverfront restaurant spaces, and prepare and present a traffic study. The applicants stated Miami 21 section 7.1.2.8 requires any application to leave the existing D3 marine industrial zoning requires the change to become T6, although the applicants only want the density allowed under T5, therefore they will provide a covenant restricting them to what is allowed under T5, although the application must be to T-6.

Attendees noted this is the first application for a site to leave the “Port Miami River” sub-element of the Comprehensive Plan since the court cases, appeals and consent decrees were issued resulting in the City’s currently adopted “Port Miami River” sub-element of the Comp Plan, which states in part:

The applicants stated they have the referenced draft “market and site analysis” which will be revised and presented in the future to the MRC.

Attendees noted the subject parcel is referenced in the Miami River Corridor Urban Infill Plan om pages 36 and 35 which states the following regarding the subject parcel, “Another asset is the former Florida Yacht Basin site (30), a marine industrial site with deep-water slips and the potential to compliment the planned Watson Island mega-yacht marina as a mega yacht servicing facility. This site is one of only a few with the physical infrastructure and geographic proximity to Watson Island to serve this purpose. This is consistent with the City of Miami Comprehensive Plan which encourages the establishment and maintenance of water-dependent and water-related uses along the banks of the Miami River.” The subject site is located with the area identified in the Miami River Corridor Urban Infill Plan as the “Upper River”, which is the heart of the job generating “Port Miami River” marine industrial businesses.

MRC Urban Infill Chairman Murley noted he makes a non-binding suggestion to the full MRC, which will hear a separate presentation at a future public meeting of the full MRC, and then the entire MRC votes to formulate the MRC’s advisory recommendation. Mr. Murley stated he is unable to make a positive recommendation to the full MRC.”

MRC Chairman Aguirre stated he would like to defer the item until a Legal Opinion is issued stating it does not create a precedent / domino effect that would have any unintended negative impacts nor weakening of the existing Port Miami River sub-element in the City’s adopted comp plan, and related settlement agreement, consent decree, court case opinions, job generating marine industrial businesses operating along Port Miami River’s federal navigable channel, etc.

Mr. Navarro distributed the “Las Brisas Yacht Club Market and Feasibility Analysis” and “Methodology Peer Review”. In addition, Mr. Navarro distributed a “Declaration of Restrictive Covenants” which states in part:

• “acknowledging and accepting the presence of the existing Working Waterfront 24-hour operations, as permitted and will not pursue any claims for liability, loss or damage, whether through litigation or otherwise, against permittees engaging in Working Waterfront 24-hour operations, related to, noise, smoke, fumes, federally regulated bridge openings, and/or other quality of life issues that might result from legally permitted Working Waterfront 24-hour operations
• The Owner shall limit development on the upland parcel in accordance with the T5-O transect zone
• The Owner shall give [reference to persons employed at a working waterfront operation along the Miami River in the leasing or sale of housing units
• The Owner shall construct a publicly accessible Riverwalk in accordance with the Miami River Greenway Action Plan and as consistent with the Site Plan
• The Owner shall enhance the existing marina at the property and maintain its operation in accordance with the Site Plan
• The Owner shall not seek to reduce the number of recreational wet slips along the Miami River”

Mayor Regalado made a motion recommending approval of the presented plans as long as the City Attorney agrees it does not create a precedent / domino effect that would have any unintended negative impacts nor weakening of the existing Port Miami River sub-element in the City’s adopted comp plan, and related settlement agreement, consent decree, court case opinions, job generating marine industrial businesses operating along Port Miami River’s federal navigable channel, etc. The MRC adopted the motion by a vote of 8-3.

III. MRC Subcommittee Reports

A. Greenways Subcommittee - Chair Dr. Ernie Martin
I thank the 26 Principals of the SWA Group whom spent June 22 and 23 conducting a pro-bono planning charrette on the Public Riverwalk. We will be distributing their work product and renditions.
Since the City and County’s adoption of the Miami River Greenway Action Plan, of the planned 10 mile public Miami River Greenway, 6.5 miles are complete. Therefore, the MRC is continuing to advocate for funding to finish construction of the remaining 3.5 miles of the public Miami River Greenway from the following sources:

1. City Proposed GO Bond Issue
2. State Sun Trail Grant (City needs to submit application)
3. County GOB Bond Issue (expend remaining “Miami River Greenway” line item balance due plus additional pledged $1,000,000)
4. Expend $1,000,000 2016 TAP grant awarded to the City of Miami
5. City of Miami’s $1,000,000 2017 TAP grant application pending
6. FIND 50/50 matching grants
7. Private sector developments

I hope you will participate in our next public meeting on 9/13, 2:30, here at 1407 NW 7 ST.

B. Stormwater Subcommittee - Chair Sallye Jude
The Stormwater subcommittee’s June 7 public meeting minutes were distributed. The Miami River Commission (MRC) is appreciative that after the 2nd Request for Proposals, the City of Miami contracted and issued a “Notice to Proceed” to Sevenson Environmental Services, Inc, established in 1917, to conduct the fully funded and permitted Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project. The MRC thanks the City of Miami, Florida Inland Navigation District, and the State of Florida for funding the project which will improve the local economy and remove toxic sediments, including dioxin, from the most polluted waterway in the State of Florida. The City of Miami estimates actual dredging to start this month, and they will be inviting the public to an official commencement ceremony in the near future.

IV. New Business
The meeting adjourned.

I. Chair Report – MRC Chairman Horacio Stuart Aguirre

The Miami River Commission unanimously adopted the July 10, 2017 public meeting minutes which were distributed a week prior to the meeting.

The Miami River Commission has been actively assisting the efforts of the City, County, State, and private sector to clean up the Miami River District after Hurricane Irma. The following is a sample of some of the items recently addressed in the Miami River Voluntary Improvement Plan (VIP):

On behalf of the MRC I thank all the volunteers from the following 17 volunteer events since our last meeting:

• Volunteers from Marlins Ayudan on June 8 repainted the existing sunset mural beneath the 27 Ave Bridge’s south shore, and on August 23 picked up garbage along Miami River’s south shore from 27 Ave to 20 ST
• Hands on Miami volunteers on June 10, July 8, July 22, August 26 and September 23 pulled weeds and spread mulch in the community vegetable and fruit garden, and picked up litter along the public Riverwalk here at 1407 NW 7 ST.
• Over 120 volunteers from Miami Dolphins Summer Camp picked up garbage along the public Riverwalk on June 26 here at 1407 NW 7 ST, July 11 in Sewell Park, July 17 in Curtis Park and August 8 in Fern Isle Park.
• Over 120 volunteers from YMCA removed garbage along various sections of the public Miami River Greenway on July 18, August 1 and August 3.
• United Way and University of Miami volunteers picked up garbage along the public Riverwalk in Curtis Park on September 18 and 22.
• United Way and Florida International University volunteers picked up garbage in Sewell Park on September 24.
• United Way and Johnson and Wales Volunteers picked up garbage in Point Park on September 29.
• This Wednesday, Oct. 4, volunteers from Marlins Ayudan will clean up a section of the public Riverwalk

The MRC reported 2 derelict vessels which were removed. The Coast Guard contacted MRC Chairman Aguirre regarding the removal of derelict vessels along the Miami River.

II. Consideration of Proposed Zoning and Land Use Increase Amendments at 2222-2260 NW North River Drive
Mr. Carlos Lago, Greenberg Traurig, Jacob Brillhart, Brillhart Architecture, and Joshua Goldberg, JMG Miami River LLC, distributed a Letter of Intent dated August 31, 2017, plans for 2222-2260 NW North River Drive, and a voluntary covenant. The development team stated they are seeking an increase in Zoning from T3-0 to T4-R, and an increase in Land Use from Duplex Residential to Low Density Multi-Family Residential for the presented 4-story apartment rental building with 30 residential units (T4-R max is 36 units). Currently the site has a 3-story apartment building with 21 residential units. Although the proposed T4-R zoning does not require a publicly accessible Riverwalk, the proposed new development includes a 700’ long publicly accessible Riverwalk which is 21.5’ – 37.5’ wide, with an unobstructed “circulation zone” of 12’ – 16’ feet. In addition, the proposed development includes public unobstructed side-yard connectors of 10’ wide on both sides, connecting the public sidewalk on North River Drive to the proposed new public Riverwalk. The site currently has recreational vessel dockage with 15 boat slips, which would be maintained. The site’s seawall is being raised and repaired.

The MRC’s July 6, 2017 Urban Infill Subcommittee minutes state in part, “The Miami River Commission’s adopted strategic plan, the Miami River Corridor Urban Infill Plan, page 34 regarding the subject “Allapattah” portion of the Miami River District, states: ‘The Allapattah neighborhood’s waterfront is zoned for waterfront industrial, park, and residential use, with residential intensities including duplex, medium density multifamily, and high density multifamily and is the home to thriving marinas and two of the largest yacht basins on the River….lower density residential development may not be the most appropriate use of this neighborhood’s Miami River frontage…riverfront development also should require public access to the water’s edge”.

The MRC unanimously (10-0) recommended approval of the proposed development at 2222-2260 NW North River Drive with the following 2 conditions:
1) The public Riverwalk and side yard connectors be provided as presented in plans, letter of intent, and covenant
2) Maintain recreational vessel dockage as presented

The MRC unanimously (10-0) recommended approval of the proposed development at 2222-2260 NW North River Drive with the following 2 conditions:
1) The public Riverwalk and side yard connectors be provided as presented in plans, letter of intent, and covenant
2) Maintain recreational vessel dockage as presented

III. Consideration of Proposed Zoning and Land Use Increase Amendments at 1515, 1529 and 1543 NW South River Drive

Mr. Ben Fernandez, Bercow, Radell & Fernandez, and Mr. Tony Pardo 1515 Miami River, LLC distributed a Letter of Intent dated May 22, 2017, and plans for 1515 NW South River Drive. The development team stated they are seeking an increase in Zoning from T3-L to T4-R, and an increase in Land Use from Single Family Residential to Low Density Multi-Family Residential for the presented 4 story apartment rental building with 63 residential units. Mr. Fernandez and Mr. Pardo stated they will submit a revised Letter of Intent and revised development plans to include a 300’ long section of the public Riverwalk, although the proposed T4-R zoning does not require a publicly accessible Riverwalk. The site currently has 14 recreational vessel slips, which would be maintained after maintenance dredging required by DERM.

The Miami River Commission’s adopted strategic plan, the Miami River Corridor Urban Infill Plan, page 33 regarding the subject “Grove Park” portion of the Miami River District, states, “Allowable Waterfront uses in the Grove Park / East Little Havana Neighborhood are waterfront industrial, single family residential, and high-density multifamily residential…the Grove Park neighborhood, which has been determined eligible for listing in the National Register of Historic Places” (the historic study area did not include the riverfront portion because the northern boundary was I-836).

Janet Parker and Theo Long, homeowners / residents in the Grove Park neighborhood, stated they opposed the proposed project. Ms. Long stated the State of Florida designated the area historic, and includes historic single-family homes. Ms. Parker stated she has lived in the Grove Park neighborhood for 40 years, which is “inundated” by traffic generated by Marlins Baseball games and the I-836 ramps.

The developer team stated no trees will be lost as 14 trees will remain and 6 trees will be relocated to the adjacent City owned public greenspace.

Per the presented plans, the developer offered to construct a new elevated seawall and a public walkway on the adjacent City owned public greenspace immediately west of the subject site, and maintain the City owned public greenspace area.

The MRC (9-1) recommend approval of the proposed development at 1515, 1529 and 1543 NW South River Drive with the following 4 conditions:

1) Provide the public Riverwalk per the proffered voluntary covenant, plans, and letter and intent, and insert the needed eastern side yard connector to eliminate the dead-end
2) Construct the presented planned improvements to the adjacent public greenspace, including new elevated seawall and street, public walkway with landscaping, and the “Proposed Water Taxi Stop”
3) Maintain recreational vessel dockage as presented
4) Provide the Working River disclosure covenant as required by the City’s Comprehensive Plan

IV. New Business
Alex Mantecon distributed copies of a site plan for a Temporary Use Permit at 114 NW North River Drive. The proposal has no vertical construction and is proposed for the next 1.5 years, until it is replaced with the permanent “Riverside Wharf” 4 restaurants with commercial fishing / seafood market, and a public Riverwalk, which was previously recommended for approval by the MRC. A new seawall was recently constructed on the site. The Temporary Use consists of a public greenspace featuring 3 food trucks, seating areas, 5 retail huts including a Garcia’s fresh seafood market, ping pong table, astro turf, tent with a bar, temporary restrooms in an air-conditioned trailer, live jazz music consistent with the noise ordinances restrictions, all within the private parcel. During the temporary use period García’s commercial fishing will continue to operate on the adjacent City owned parcel.

The meeting adjourned.

I. Chair Report –

The MRC unanimously adopted the MRC’s October 2, 2017 public meeting minutes.

Commissioner Frank Carollo stated he has enjoyed being a volunteer MRC board member for the past 8 years, and will term out of his City Commission elected position in November. The MRC thanked Commissioner Carollo for his 8 years of service and support for the Miami River District as a volunteer MRC board member.

I welcome Miami River resident and homeowner Mr. Tom Kimen to today’s meeting. As you may recall, years ago Dr. Ernie Martin appointed Mr. Kimen to serve as his MRC designee, but Ernie’s attendance was very consistent therefore Tom’s attendance wasn’t necessary. Ernie’s not feeling well enough to attend today, therefore the MRC appreciates Tom’s time and participation as his designee.

MRC Chairman Aguirre noted per the MRC’s enabling legislation, the Chair of the Miami-Dade’s State Legislative Delegation serves as a MRC board member. Considering the former excellent Dade Delegation Chairman Jose Felix Diaz had been appointed by the MRC to serve as the MRC’s Vice Chairman as well, as noted on today’s public MRC meeting agenda, the MRC needs to appoint a new MRC Vice Chairman. Therefore, MRC Chairman Aguirre asked for anyone interested in being considered to become the MRC’s Vice Chair to raise their hand, or for any MRC board member to nominate another MRC board member to become the MRC Vice Chairman. Frank Balzebre, MRC designee for Miami-Dade County Mayor Carlos Gimenez, raised his hand and nominated himself to become the MRC’s Vice Chairman. Sandy O’Neil then nominated Frank Balzebre to become the MRC’s Vice-Chairman, because he has been a positive board member for several years and is the designee for the Miami-Dade Mayor. No other nominations were made and the MRC unanimously accepted Frank Balzebre to become the MRC’s Vice-Chairman.

The MRC has submitted all necessary written forms to renew the moderate request for $150,000 from the State’s FY 18-19 budget. I recently flew to Tallahassee in support of the MRC’s funding request, and met with Kevin Reilly, Governor Scott’s Director of Legislative Affairs, and the Office of Representative Trujillo. On behalf of the MRC, I thank Senator Rene Garcia and Representative Nicholas Duran for sponsoring the MRC’s funding request. In addition, I thank Diana Arteaga, Esq, City of Miami’s Director of Intergovernmental Affairs, for her support and guidance regarding the MRC’s funding request, and her participation in the recent meetings in Tallahassee.

Please note the following 2 items distributed before you:
• MRC’s 2018 Public Meeting Calendar
• Invitations to the fabulous free Annual Miami River Art Fair the week of Art Basel, Monday Dec 4, 5 & 6 at the riverfront James L Knight Convention Center.

Miami River Voluntary Improvement Plan (VIP)
MRC Managing Director Bibeau stated the Miami River Commission has been actively assisting the efforts of the City, County, State, and private sector to clean up the Miami River District after Hurricane Irma, using both a paid professional company and volunteers.
On behalf of the MRC Director Bibeau thanked:
• 12 volunteers from Marlins Ayudan whom on Oct. 4 cleaned up a section of the public Riverwalk
• 35 volunteers from the University of Miami whom on Oct. 28 cleaned up a section of the public Riverwalk
The MRC reported a derelict vessel, which was removed.

II. Discussion with Captain Maza, Florida Fish and Wildlife
Captain Maza, Florida Fish and Wildlife (FFW), provided an overview of their services along the Miami River including enforcement of the idle no wake boat speed limit and vessel dockage laws (33 CFR 165.726b2), relocation of alligators, etc. Capt. Maza stated they only have 21 boats in the entire County, and although FFW does provide services along the Miami River, for example they recently made 2 arrests on the River, they often get tied up providing law enforcement services at the large sandbar parties in Biscayne Bay. Captain Maza stated although the FFW may enforce the Fed. Law regarding mooring, they prefer the United States Coast Guard take the lead in enforcement. Captain Maza stated FFW will try to relocate the Alligator recently reported at various locations along the Miami River. Captain Maza noted the increased population of iguanas along the Miami River, which are an invasive species. Captain Maza stated their telephone hotline is *FWC. Captain Maza stated FFW is working with the Unified Command to remove derelicts in Miami Dade County created by Hurricane Irma.

Roselvic Noguera, Antillean Marine and Mark Bailey, Miami River Marine Group, noted the concerning problems of increased recreational vessels violating the idle no wake speed limit, boating under the influence of alcohol, and illegally docking in the federal navigable channel, causing hazards to navigation for the shipping vessels under tow in Port Miami River. Ms Noguera stated Antillean designed the distributed “Miami River Boater’s Tips – Promoting Safety and Security”, which the MRC printed 250 copies and are distributing them to Miami River restaurants, marinas, and boatyards. Captain Maza stated FFW will continue to work on enforcement of these important laws, and in addition will provide a boating safety book and additional signage.

The MRC passed a unanimous advisory recommendation to increase resources for the Florida Fish and Wildlife, and City of Miami Marine Patrol, for increased enforcement of public safety and security laws along the Miami River, considering the increase in vessel traffic on the Miami River with new riverfront restaurants, etc.

III. New Business
Sandy O’Neil stated if the “Miami Forever General Obligation Bond” issue is approved by the public at referendum on November 7, she recommends the MRC have a voting seat on the Bond Oversight Board which would be created. The MRC concurred and noted the proposed Bond issue includes significant funding to address Sea Level Rise, construct the public Riverwalk with needed seawalls, etc.

The meeting adjourned.

I. Chair Report

Horacio Stuart Aguirre, Chairman of the Miami River Commission, provided the following Chair Report:

Ladies and Gentlemen,
At this time, we have the honor and pleasure of welcoming the former Mayor of the City of Miami, the Honorable Tomas Regalado, to join us. Let me tell you why we are doing this today, why we have asked him to let us honor him and thank him for so much that he did for the Miami River, the Miami River District, and the Miami River Commission.

Many years ago, perhaps about twenty, the river and the area we now loudly call The District, was in a slump, it was an area favored by criminal elements, where decent middle-class neighborhoods were struggling to keep their character and identity against a wave of change that
would have diminished or done away with the single family and low-density residential neighborhoods, done away with the commercial marine industry and done away with the pleasure boating industry, all of which are vital to our community. To say it in a few short words, the Miami River was in trouble! The greatly diversified river and district that we know and have today was not going to happen.

Then one man came along the road and offered to help us. He seemed an unlikely candidate for the job because he wasn’t wired into the development community or surrounded by the downtown establishment and he gets a bit of vertigo when on small boats. However, he clearly knew Miami’s long historical past and clearly had an eye for seeing the future. He knew that Miami was once a thriving community based on neighborhoods and he knew that the marine industries, both commercial and residential, built the early economic base of the area starting in the 1940s and 1950s.

His door was open to all sides of each issue before the City Commission. The Miami River advocates talked to him and told him that we would need two more allies on the dais to stop the well-funded steam roller that would have figuratively and practically paved the River. He was unfazed and undaunted. This man looked at us and didn’t have an ounce of fear in his eyes. He looked at us and said, “we fight and we win, nada…(nothing more)!” And fight we did. We fought for over eight years and then, against all odds, and with the help of a lot of others, we won! We saved the Miami River, we saved the commercial marine industry, we saved the pleasure boat industry and we saved the single-family neighborhoods on the River. We fostered and supported the now vibrant restaurants along the Miami River. We could not have accomplished this were it not for the leadership, tenacity and vision of then-City Commissioner and Mayor Tomas Regalado. He was there with us every day, at every turn, at every key decision point and at every vote. He saw the future for the River and the future was the diverse robust working river we have today. He saw the jobs, the entertainment, the restaurants, the parks, the boating and the resulting boom to the economy.

Mayor Tomas Regalado just ended his second term as mayor of our great city, the Magic City as we call Miami and with that he concluded close to twenty years of public service as an elected official. As so, I rise today to celebrate this great and good man, thank him for his service and, on behalf of the Miami River commission, present him with this plaque of appreciation and tell him that he will always be remembered and appreciated.

The Miami River Commission’s 2018 Calendar is before you, and we thank all the sponsors whom purchased advertisements.

Please note the 22nd Annual free Miami Riverday festival will be held April 7, 2018, Lummus Park, 1-6 PM, featuring free Miami River boat rides, live music, environmental education, historic re-enactors, children activities, food and drinks and more. Everyone is invited to this free celebration of the Miami River, and sponsorships are available.

The Miami River Commission unanimously adopted the November 6, 2017 public meeting minutes.

Mr. Frank Balzebre, MRC Vice Chairman, presented the following Miami River Voluntary Improvement Plan (VIP):

The Miami River Commission has been actively assisting the efforts of the City, County, State, and private sector to clean up the Miami River District after Hurricane Irma, using both a paid professional company and volunteers.

The MRC is coordinating and providing the necessary supplies for this month’s following 2 upcoming volunteer Miami River Greenway beautification events:

• Dec. 9, 12 volunteers from Hands on Miami will beautify the Miami River Greenway along North River Drive beneath and adjacent FDOT’s 1 ST Bridge, which is adjacent to the new popular “Wharf”.
• Dec. 23, 12 volunteers from Hands on Miami will pick up garbage along the public Riverwalk’s shoreline here at 1407 NW 7 ST

The MRC is cordially inviting Miami-Dade County and the City of Miami to present their plans to support Waterborne Transportation during the MRC’s Jan 8, 2018 public meeting, noon, 1407 NW 7 ST.

Vice Chairman Balzebre stated he is working with MRC Director Bibeau to address homelessness within the Miami River District.

II. Presentation of New Plans for 1001 NW 7 ST

Carlos Lago, Greenberg Traurig, Iris Escarra, Greenberg Traurig, Mr. Cabrera, Corwil Architects, Michelle Latte, Kimley Horn and Associates, Alberto Parjus, Mast Capital, and Eric Fordin, Mast Capital, distributed copies of the “Miami River Walk” development (located at 1001 NW 7 ST) proposal’s revised detailed plans (47 pages), letter of intent, and a restrictive covenant.

Mr. Lago stated several years ago the City Commission previously approved a Major Use Special Permit under the City of Miami’s former zoning code for this site, featuring 2 buildings, 27 stories each and 744 residential units. Since then the City of Miami adopted the new “Miami 21” zoning code, which significantly reduced the number of allowable stories on this site to 12 stories. Mr. Lago stated the presented “Miami River Walk” development features 2 buildings reduced to 8 stories each, 698 rental residential units, 800 parking spaces, a 50-foot building setback from the shoreline, with a min. 25-foot wide public Riverwalk, which will seamless connect with the planned public Riverwalk section to the west at the approved Naheem Khan / Miami Dade County site. The private parcel includes 15-feet of submerged Miami River, doesn’t have a current Marine Operating Permit, and the existing code doesn’t allow mooring which would block navigation in the federal navigable channel. The development team stated they are not currently applying for a Marine Operating Permit for boat slips at the site (potential for 1 boat slip per 100 linear feet of riverfront = 10 slips on subject site), and if they do so in the future would bring that application before the MRC. The development team noted they will be relocating the sites trees into the new riverfront open green space located on the western portion of their privately-owned parcel. The development team stated they will be constructing a new elevated seawall and raising the site per FEMA requirements. The development team distributed a restrictive covenant addressing the “working river” disclosure and the presented public Riverwalk to be constructed and maintained by the proposed developer on the privately-owned parcel.

The development team stated the site has 1,049 linear feet of new public Riverwalk as required by code, which requires 25% to be a “view corridor” which equates to 262’, which they are exceeding by providing a total of 333’ (consisting of 265’ feet at western public “park”, 53’ in the middle including public bike / ped access, and 15’-18’ on eastern side-yard for bike ped access connecting NW 7 ST to the Riverwalk, total of 333’ which exceeds code by 71’). Dr. Martin noted the eastern side-yard bike / ped connector was widened from the previously presented 10 feet to 15-18 feet wide, which is currently presented, consisting of a 2’ wide landscape area and a 12’-15’ wide unobstructed public pathway area. Mr. Lago noted the zoning code allows the requested waivers to reduce parking spaces because the sites close proximity to Metro-Rail, and they are seeking a vehicular driveway on NW 7 ST (in addition to NW 11 Ave).

Carlos Salas, President of the spring Garden Civic Association, and Amanda Hand, Spring Garden resident and attorney, stated they have been communicating with the applicants and the parties have agreed to the following conditions:

• Owner shall provide a fifteen-foot (15’) greenway pedestrian path located along the eastern boundary of the Property; and
• Owner shall remove the Sky Lounge from the Project as depicted on Sheets A2.04 and A2.04A of the Project; and
• Owner shall designate that the enclosed areas located along the promenade connecting NW 7th Street to the Riverwalk as depicted on Sheet A1.00A for non-commercial uses (i.e. back of house and resident amenities); and
• The Riverwalk shall be completed prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy for the Project, or, in the event of a phased project, a temporary Riverwalk for the portion of the Property abutting the unbuilt phase shall be provided until such time as all phases are completed; and
• There shall be no outside alcoholic beverage sales on the Property; and
• Between the hours of 11:00 p.m. and 7:00 a.m., there shall be no operation of any radio, phonograph or other mechanical sound-making device or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or in the use of any device to amplify the music of any band, orchestra, musician or group of musicians, where the noise or music is plainly audible at a distance of 100 feet from the Property; and
• Owner, or Tenant, as applicable shall provide actual notice of any future warrant or exception to all Spring Garden property owners abutting the Miami River. For multifamily properties, notice shall be sufficient if given to the association for the multifamily property.

The Miami River Commission adopted a resolution (11-3) recommending approval of the presented “Miami River Walk” development’s plans, letter of intent and restrictive covenant, because it is consistent with the MRC’s adopted Miami River Corridor Urban Infill Plan and the adopted Miami River Greenway Action Plan subject to the following conditions:

1. In the future if the site seeks a Marine Operating Permit present the application to the MRC
2. Provide the public Riverwalk’s western seamless connection with the adjacent planned public Riverwalk continuing west along the Naheem Khan / Miami-Dade County site, at the same elevation etc., as depicted in the presented plans
3. Communicate and coordinate with the adjacent City of Miami Fire Department and Homeland Security Facility.
4. Owner shall provide a fifteen foot (15’) wide public greenway bike/ pedestrian path located along the eastern boundary of the Property
5. Owner shall remove the Sky Lounge from the Project as depicted on Sheets A2.04 and A2.04A of the Project
6. Owner shall designate that the enclosed areas located along the promenade connecting NW 7th Street to the Riverwalk as depicted on Sheet A1.00A for non-commercial uses (i.e. back of house and resident amenities)
7. The presented public Riverwalk shall be completed prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy for the Project, or, in the event of a phased project, a temporary public Riverwalk for the portion of the Property abutting the unbuilt phase shall be provided until such time as all phases are completed
8. There shall be no outside alcoholic beverage sales on the Property
9. Between the hours of 11:00 p.m. and 7:00 a.m., there shall be no operation of any radio, phonograph or other mechanical sound-making device or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or in the use of any device to amplify the music of any band, orchestra, musician or group of musicians, where the noise or music is plainly audible at a distance of 100 feet from the Property
10. Owner, or Tenant, as applicable shall provide actual notice of any future warrant or exception to all Spring Garden property owners abutting the Miami River. For multifamily properties, notice shall be sufficient if given to the association for the multifamily property.

The applicants stated they agreed to all the conditions, & estimated groundbreaking in 10 months.

III. Consideration of a Warrant Application for a Restaurant at the 5th ST Marina, 341-361 NW South River Drive
MRC member Manny Prieguez stated he owned the adjacent property, and although he is not a partner in the proposed adjacent restaurant in an abundance of caution recused himself from the item and did not participate.

Orin Black, owner of the 5th ST Marina and Johana Bohoquez, Itec Design, distributed plans for “Gramps by the Sea, on the River”, a secondary / accessory restaurant at the recently renovated 5th ST Marina which has a current Marine Operating Permit for 6 mega yacht slips and 1 transient vessel slip, in addition to 45 boat slips on the west side of the 5th ST bridge where Langer Krell Marine Electronics and Norseman Shipbuilding Corp. have been operating for decades. Mr. Black stated the site’s primary use will remain the 5th ST Marina, where the MRC previously recommended approval of the City granted Warrant for Ferrino Sports Gymnasium as a secondary accessory use to the 5th ST Marina. The proposed small riverfront restaurant is proposed to be located on the far south-east terminus of the 5th ST Marina, which is currently vacant and unimproved, with no seawall and no dockage. The 100 seats, 2 story restaurant would feature seafood and a “Beer Garden” with a full liquor license. Mr. Black made analogies to “Bells Café” located within the Newport Shipyard, and “Shuckers” in North Miami. The proposal includes a publicly accessible Riverwalk per the requirement of City Code. Since the site is less than 200 feet wide from the Miami River to the sidewalk, the code requires the building setback to be 25% of the property width, which is being provided featuring a 14’ wide public Riverwalk including a 9’7” – 9’1” unobstructed bike / ped “circulation zone”. Mr. Griego and Mr. Black indicated there are publicly accessible connectors from the existing on-road Miami River Greenway along NW South River Drive to the proposed restaurant’s public Riverwalk along the western side-yard at 10’ wide, 7’7” wide in the middle with ADA ramps, and 5’ wide on the eastern side-yard. Mr. Black stated the new section of public Riverwalk will include a new needed seawall, and the entire site will be elevated to add resiliency. Mr. Black stated the restaurant’s music will end at 11 PM. Mr. Black stated the 2nd floor event space maybe available for community groups to host meetings from time to time. Mr. Black provided a restrictive covenant with the “working river” disclosure and presented public Riverwalk and public side-yard connectors, and provided a written “letter of intent”.

Carlos Salas, President of the Spring Garden Civic Association, and Amanda Hand, Spring Garden resident and attorney, stated they have been communicating with the applicants and the parties have agreed to the following conditions:

• Any change in operator shall require new operators to acknowledge in writing All conditions to the warrant and compliance therewith.
• The operator Shall engage a professional audio consultant to direct noise towards the restaurant and away from the river.
• Operator acknowledges and agrees to comply with all provisions of the City of Miami noise ordinance.

MRC adopted a unanimous (12-0) resolution recommending approval of the proposed secondary / accessory restaurant at the 5th ST Marina, to be consistent with the MRC’s adopted Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan, subject to the following conditions:

1) Provide the presented public riverwalk featuring a new elevated seawall and 3 public connectors to NW South River Drive, as presented in plans, letter of intent and voluntary covenant
2) Outdoor music will end at 11 PM
3) Any change in operator shall require new operators to acknowledge in writing all conditions to the warrant and compliance therewith.
4) The operator shall engage a professional audio consultant to direct noise towards the restaurant and away from the river.
5) Operator acknowledges and agrees to comply with all provisions of the City of Miami noise ordinance

The applicant agreed to the conditions.

III. Miami River Commission Subcommittee Reports
A. Greenways subcommittee, Chairman Ernie Martin
Since the City and County’s adoption of the Miami River Greenway Action Plan, of the planned 10-mile public Miami River Greenway, 6.5 miles are complete. Therefore, the MRC is continuing to advocate for funding to finish construction of the remaining 3.5 miles of the public Miami River Greenway from the following sources:
1. City GO Bond Issue
2. State Sun Trail Grant (City agreed to submit application)
3. Rails to Trails Application for a $2 million cost share Volkswagen Settlement Cost Share
4. State Economic Development Grant Application (MRC provided City completed grant application to submit to the State)
5. Fed TIGER Grant (asked City to apply)
6. County GOB Bond Issue (expend remaining “Miami River Greenway” line item balance due plus additional pledged $1,000,000)
7. Expend $1,000,000 2016 TAP grant awarded to the City of Miami
8. FIND 50/50 matching grants
9. Miami-Dade County Neat Streets Grant – City agreed to apply for funding to replace trees destroyed in Hurricane Irma along public Miami River Greenway
10. Private sector developments

B. Stormwater Subcommittee - Chair Sallye Jude
The Miami River Commission (MRC) is appreciative that the City of Miami commenced the Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup Project. The MRC thanks the City of Miami, Florida Inland Navigation District, and the State of Florida for funding the project which is improving the local economy and removing toxic sediments, including dioxin, from the most polluted waterway in the State of Florida.
The MRC Stormwater subcommittee’s next public meeting is this Wednesday 12/6, 10 AM, here at 1407 NW 7 ST.

C. Economic Development and Commerce Subcommittee – Chair Philip Everingham
The MRC’s Economic Development and Commerce Subcommittee met on 11/13, 10 AM, here at 1407 NW 7 ST. FDOT returned with an update on their Miami River Freight Mobility Improvement Study, which will be presented at the full MRC’s next public meeting on January 8, 2018, noon, 1407 NW 7 ST. Per the MRC’s standard operating procedures, the subcommittee’s public meeting minutes, and FDOT’s PowerPoint, will be emailed to you as backup for this agenda item a week prior to the MRC’s January 8 meeting.

III. New Business
No new business was discussed. The meeting was adjourned.