Miami River Commission’s
Urban Infill Subcommittee’s Minutes

I. Consider Pending Warrant Application to Allow “Yachtlife (Charters and Sales) Lounge and Restaurant” in D3 Zoning Located at 125, 129 and 131 NW South River Drive

MRC Managing Director Brett Bibeau stated this afternoon he had received a call from MRC Greenways subcommittee Chairman Ernie Martin whom was unfortunately not feeling well, therefore unable to attend the meeting.

The MRC’s January 9, 2017 public meeting minutes were distributed stating:
“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.”

Iris Escarra presented revised plans noting the following 2 updates:

1)Specifically “VanDutch, Palmer Johnson and Tecnomar” yachts will be docked and soldat the site
2)Per the suggestion of a couple MRC board members including MRC Greenwayssubcommittee Chairman Martin, the pinch point of the site’s proposed public Riverwalkwas widened by over 100% by tearing out the existing buildings wall and pulling it backas far as structurally feasible, from the current 4’7” to 11’1”, while the remaining publicRiverwalk remains at 20’ wide without restaurant tables etc.

Ms Escarra stated prior to the MRC’s January 23 public meeting on this item they would provide the draft “Working River Covenant” as required by the City’s Comp Plan, acknowledging and not objecting to all the Port Miami River’s Marine Industrial businesses which generate noise etc. In addition, Ms Escarra stated the owner recognizes the existing marine industrial neighbors which will stay in operation and the proposed “Yachtlife (Charters and Sales) Lounge and Restaurant” which also features a commercial fishing element, has no intent to negatively impact any marine industrial business on the Miami River, including but not limited to Cory Offut’s Biscayne Towing and Salvage / Tow Boat US. Ms Escarra stated the concept of primary marine industrial use and secondary restaurant use in not defined in the zoning code, rather is a recommendation of the MRC’s Miami River Corridor Urban Infill Plan which they are consistent with by providing Yachtlife vessel charters and sales and a commercial fishing slip to deliver fresh seafood etc. As previously recommended by the MRC subcommittees the proposal’s plans now include a 6 foot tall landscaped wall along the property to provide a buffer to Biscayne Towing and Salvage / Tow Boat US. Ms Escarra stated if a Certificate of Use (CU) expires for 6 months, a new warrant would be required.

Ms Escarra stated the proposal is:

• Consistent with existing Comp Plan
• Consistent with existing zoning
• No amendments to existing Zoning nor Land Use
• This site has a weak marine industrial history
• This site currently has no slips permitted by DERM, so they will be asking for a permit
• Includes widened public riverwalk
• Consistent with the MRC’s Miami River Corridor Urban Infill Plan
• Consistent with the Miami River Greenway Action Plan

Mr. Tucker Gibbs, representing the adjacent property owner Cory Offutt, Biscayne Towing and
Salvage / Tow Boat US, restated their opposition to the proposal. Mr Gibbs stated “accessory
use” is defined in court precedents and FL Law as “incidental or subordinate”, and stated in the
proposal the restaurant and lounge is not the “accessory use” while the square footage dedicated
for marine industrial use is minimal. Mr Gibbs stated this site is specifically included in the City
Comp Plan’s “Port Miami River” sub-element, and the proposal is inconsistent with sections:

Objective PA-3.1: (PLANNING AND ZONING). The City shoall protect the Port of Miami River from encroachement by non water-dependent on no water-related land uses, and shall regulate the Port of Miami River's expansion and redevelopment in coordination with applicable future land use and coastal management goals, objectives, policies (See Policy LU-1.3.3 and Goal CM-3).

Policy PA-3.14: The City shall encourage the establishment and maintenane of Working Waterfron uses along the banks of the Miami River, and to discourage encroachment by incompatible uses.

Some Spring Garden residents expressed support for the Miami River’s Marine Industrial
businesses and concern regarding allowing restaurants on riverfront sites zoned D3.

MRC board members Phil Everingham, whom serves as the Marine Council’s designee, and
Bruce Brown, President of the Miami River Marine Group whom serves on the MRC stated they
wanted more Marine Industrial use in the proposal and this specific site on the River was the
wrong site on the Miami River for the proposal because it is zoned D3.

Jim Murley referenced his and MRC Greenways subcommittee Chairman Murley’s distributed
January 2, 2017 memo which states in part: “The applicants have asked to proceed to the full
MRC board meeting on January 9, and at the last moment Jim Murley was unfortunately unable to
attend the MRC subcommittee’s December 19 public meeting. The Miami River Commission
Subcommittee’s distributed September 14 and November 21 public subcommittee’s minutes include this item. Since then the City of Miami and Applicants have provided the following additional
information:

City of Miami – The Zoning code allows restaurants in this site’s more restrictive Marine Industrial
D3 zoning category by warrant (i.e. Riverside Wharf’s 4 approved restaurants with commercial
fishing and River Yacht Club with Van Dutch Yacht sales and private Yacht Club, both of which the
MRC recommended approval), and allows restaurants in the more liberal D1 Marine Industrial
zoning category “as of right” (i.e. Garcias, Casablanca, Seaspice, Kiki’s River). The Zoning code does not allow numerous uses in the Marine Industrial D3 zoning Category, including residential, etc. The City Code requires a water dependent use in marine industrial D3 sites, but does not require nor have criteria to determine that the water dependent use is “primary” while the restaurant use by warrant is “secondary / accessory.”

Applicants – The site will feature dockage and office space for “Yacht Life”, a premier yacht charter mobile web-based application which includes various brands of fully crewed luxury boats to charter for half day, full day, or longer, with memberships opportunities for discounted prices. In addition the restaurant will have seafood on the menu and will purchase fresh seafood catches on the site directly from a commercial fishing vessel (requires a “Salt Water License to Retail” and adherence to Hazard Analysis and Critical Control Points “HACCP” requirements).

The Miami River Commission considers all items on a case by case basis, specific to each unique location. DERM has indicated this site currently has no boat slip rights, and would have to file an application for the potential of limited boat slip rights. The subject site does not have a strong history of marine industrial businesses. The subject site is located in the “Lower River” and the MRC’s adopted Miami River Corridor Urban Infill Plan states on page 25 regarding this specific portion of 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.” In addition the proposed plans include a widened section of the public Riverwalk.”

MRC Urban Infill Chairman Murley stated the MRC recognizes the rights of property owners, adjacent neighbor’s rights, and the needs and desires of the community. Chairman Murley noted the MRC’s long history of successfully advocating to keep a balance of uses along the mixed-use Miami River District, including the job generating Port Miami River. The MRC’s adopted strategic plans therefore recommend three sections of the Miami River, and this site is in the “lower river” (Biscayne Bay to NW 5 ST Bridge) which features high density residential, riverfront restaurants, etc, while the “middle river” (5th ST Bridge to 22 Ave Bridge) comes down in density and features low density neighborhoods, marine industrial business, the Health District, etc, and the “upper river” (NW 22 Ave Bridge to the salinity dam) is the heart of the Miami River’s marine industry. The MRC has always recommended against filling and losing boat slips, but this site doesn’t have any legal or physical slips on it today, and proposes to create slips for Yachtlife and a commercial fishing vessel, therefore the fundamental marine use is being created and maintained by the subject proposal. Chairman Murley noted the Comp Plan’s required working river covenant and the applicants on the record commitments that they have no intent to negatively impact the adjacent marine industrial businesses and recognition that these permitted marine industrial business opened on the Miami River first, while the “Yachtlife Lounge and Restaurant” is moving in second.

MRC Urban Infill subcommittee Chairman Murley reaffirmed the January 2, 2017 memo from MRC Greenways Subcommittee Chairman Martin and himself which concludes:
“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 item will be voted on at the full MRC’s January 23, 2017 “Special” meeting, noon, 1407 NW 7 ST.

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

The MRC’s distributed January 9, 2017 public meeting minutes state:
“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 theMRC 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 avessel 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 bothends to the City’s existing adjacent on-road Miami River Greenways along NW 7 ST andNW South River Drive
2) Need to identify secured valet parking lot with sufficient parking spaces for the proposed200 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 dayrevocable license agreement to continue providing free slip for City Marine Patrol andallowing potential future vehicular access for adjacent 555 NW North River Drive andpublic connecting Miami River Greenway. Is there a public process?
4) Concern about erosion of the marine industry as the proposal would displace AnchorMarine 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.”
Mr Henry Greenberg and Architect Omar Morales presented revised plans and an updated Letter of Intent with the following changes:
• Plans now include on-road Greenway and public Riverwalk on City owned lands,therefore must be developed by the property owner, City of Miami.
• Plans now include valet drop off and pickup area
• Despite what was reported in a recent article, the proposal does not include a helicopterlanding pad on the roof

Mr Greenberg stated the hours of operation are noon-10 PM. Mr Greenberg stated they are still offering a free covered slip for City Marine Patrol vessel.

Some Spring Garden residents expressed opposition to the proposal and concern about noise it will generate in their low density neighborhood directly across the narrow Miami River. The Spring Garden residents stated support for the Miami River’s Marine Industrial businesses and noted the site’s currently operating Anchor Marine Boatyard, and adjacent operating international shipping terminal (555 NW South River Drive) are wonderful operations and neighbors which don’t make noise and should continue operations.

Director Bibeau recommended extending the depicted on-road Miami River Greenway on City owned public Right of Way to continue west in order to connect with existing on-road Greenway proceeding east along NW South River Drive. The applicants agreed to provide revised plans showing this recommended extension of the public Miami River Greenway on City owned land, which the City therefore controls and has the right to construct and make compliant with City codes and comp plans which require the public Riverwalk, shoreline stabilization, etc. Director Bibeau recommended the impact fee the proposal would pay the City could then be used by the City to fund the Miami River Greenway improvements proposed on the City owned land.

MRC board members Phil Everingham, whom serves as the Marine Council’s designee, and Bruce Brown, President of the Miami River Marine Group whom serves on the MRC stated they do not support the proposal in D3 zoning and Port Miami River designation in the Comp Plan, because it would displace the existing Anchor Marine boatyard in operation for 43 years and counting.

Chairman Murley noted unlike the previous agenda item, this site is:
• Located in the mixed-use “middle river” where the MRC recommends the marineindustry be supported
• Has an existing, operating and job generating “Anchor Marine” boatyard in operation for43 years, which would be displaced if the restaurant is approved.
• City should be considered a co-applicant because proposal includes City ownedwaterfront land
• Located across from Spring Garden neighborhood (previous item’s site is located acrossfrom Lummus Park)

MRC Urban Infill Subcommittee Chairman Murley reaffirmed his November 21, 2016 suggestion that the MRC find the current proposal failed to carry burden of proof to demonstrate that this long standing “Anchor Marine” boatyard middle river site’s future primary use will remain marine industrial, while the proposed new restaurant is a secondary / accessory use, therefore recommended denial.

The item will be voted on at the full MRC’s January 23, 2017 “Special” meeting, noon, 1407 NW 7 ST.

III) Update Regarding Pending Appeal of Zoning Interpretation onMiami 21’s Waterfront Standards, Section 3.11

The MRC’s distributed January 9, 2017 public meeting minutes state:
“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 MRC’s distributed December 19, 2016 Greenways subcommittee minutes state:
““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 Bridgeinto 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 Interpretation, 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 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.

The meeting adjourned

I. 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.

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 sideyard 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:

Policy PA -3.12 Category A: The City may adopt a comprehensive plan future land use map (FLUM) amendment for properties designated "industrial" on the FLUM, along the Miami River only if the proposed amendment complies with this sub-element. The future land use designation for any of the properties identified "industrial" therein may be amended only through the large-scale comprehensive plan amendment process. Applications for such amendments shall demonstrae that either of the following conditions exist:

1. The Development -- redevelopment as industrial is not economically feasible based on a marke and the site analysis using a professional acceptable methodology that has been per reviewed; or

2. The Proposal includes an equivalent transfer or expansion of industrially designated property offsite to another locationon the Miami River within the City of Miami.

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.

II) New Business

MRC Director Bibeau stated he has been inviting FDOT and USCG over the past several months to present items regarding the Brickell Bridge, and both FDOT and USCG replied stating the subject draft FDOT Brickell Bridge Traffic Study and USCG Brickell bridge Vessel Study are not ready to be presented yet, and they both asked for their items to be considered by the MRC subcommittee in May, therefore the items were not listed on the noticed April agenda and not expected to be presented. Mr. Bibeau stated he was therefore surprised when FDOT representatives Pablo Orozco, Rodolpho Roman and Gabriel Delgado, attended the subcommittee meeting to present FDOT project # 436527-1-52-01.

Mr. Orozco stated the aforementioned FDOT’s project design is 60% complete and includes pedestrian safety gates, electrical repairs, mechanical repairs, and lighting, with a total estimated cost of $5.2 million. MRC Urban Infill Subcommittee Chairman Murley stated the MRC’s “Brickell Bridge Action Items 10/28/16 states in part:

“2. Install pedestrian gates and utilize “white glove” security officers to reduce unnecessarily long openings created by pedestrians who insist on continuing to cross the bridge after the warning signals light up, thus creating longer vehicular traffic delays. Currently the first operational step in opening the bridge for a vessel is closing the vehicular safety gates to stop traffic. After the gates close and before the bridge opens for the vessel, numerous pedestrians and bicycles are knowingly going beneath or over the closed safety gates, and cross the bridge because they don’t want to wait a few minutes for an opening, and in doing so put themselves at risk. This happens during the majority of bridge openings, and the Bridge tender whom must remain in the Bridge house tells violators over a loudspeaker not to cross the bridge which is trying to open, but they continue to cross regardless. The actual time needed for the bridge to be open for the vessel to pass could be equivalent to a long red light, but the dangerously crossing pedestrians and bicycles are doubling the time the cars are stopped for a bridge opening, therefore essentially doubling the resulting vehicular traffic.”

Mr Murley stated the subcommittee will consider the aforementioned FDOT and USCG Studies, the MRC’s entire list of 11 Action Items, etc. with all stakeholders at the subcommittee’s May Public meeting, and wanted to limit the discussion under this “New Business” item to only the pedestrian safety gate component of the larger proposed project. Mr Orozco indicated the project’s construction engineering documents will be completed this year, but is currently scheduled for constructing funding in the 5-year work plan in 2020, therefore the MRC recommended Pedestrian safety gates would become operational in 2021. Mr Orozco stated the pedestrian safety gate component of the proposed project estimated cost is $350,000, and noted FDOT is aware it is time sensitive and looking for ways to possibly expedite the construction funding, so that the project maybe operational sometime before 2021.

MRC Urban Infill Chairman Murley suggested the full MRC continue recommending installation of Pedestrian Safety Gates on the Brickell Bridge, and advocate to expedite the construction funding.

The meeting adjourned.

Miami River Commission’s Urban Infill & Greenways Subcommittee Minutes

Consideration of City Owned 444 – 420 SW 2 Ave Proposed “Nexus River” Development

MRC Managing Director Bibeau stated the applicants requested a deferral to the MRC Urban Infill and Greenways Subcommittee’s July 6 public meeting, 2:30, 1407 NW 7 ST.

II. Review Miami River Portion of Draft East Little Havana Plan by Plusurbia Design

Juan Mullerat and Megan McLaughlin, Plusurbia Design, presented a PowerPoint summarizing the draft “Little Havana Me Importa” plan’s sections pertaining to the Miami River District. They were unable to bring the 10 printed copies as requested by the MRC from all applicants. Therefore, they pulled up a few slides on a tablet and handed it around the room for attendees to see.
Mr. Mullerat and Ms. McLaughlin presented a slide depicting the existing and potential public Greenspaces and public Riverwalk sites in Little Havana, and Director Bibeau noted a few missing existing public riverfront greenspaces which they agreed to add in a future revised slide on NW South River Drive and NW 1 ST, NW 2 ST, River Oaks Tower and Condo, and Terrazas River.
Mr. Mullerat and MS McLaughlin presented a slide which identified streets in Little Havana as “A”, “B” and “C” streets. The majority of South River Drive, from Jose Marti Park to NW 12 Ave, was identified as a “C” street. A slide depicting a standard “C” street proposed to block existing vehicular access along this section of South River Drive within Little Havana. Attendees noted the City partnered with federal grant funding and contract to construct the area’s existing on-road Miami River Greenway along this section of South River Drive, featuring wide mesa beige sidewalks, landscaping, benches, decorative trash cans, decorative lighting, wayfinding signage, historic markers, informational kiosks, etc.
Attendees noted the majority of the Riverfront parcels in Little Havana are zoned D3, and the Land Use is Port Miami River. The City’s zoning code sections 3.11 and appendix B, the Comp Plan, the City adopted Miami River Greenway Action Plan, the Miami River Corridor Urban Infill Plan and the Miami River Corridor Multi-Modal Transportation Plan all exempt the public Riverwalk requirements in job generating marine industrial businesses zoned D3, which is why the on-road Miami River Greenway along City owned South River Drive was constructed a few years ago.
Mr. Mullerat and Ms McLaughlin stated they intend to submit the Plan to the City of Miami in August and request its adoption by the City Commission.

MRC Urban Infill Chairman Murley suggested the MRC recommend the following revisions to the PowerPoint and draft “Little Havana Me Importa” plan:

1) Maintain existing vehicular access along South River Drive
2) Maintain the existing on-road Miami River Greenway along South River Drive
3) Insert that the plan is consistent with the City of Miami’s adopted zoning code section 3.11 & Appendix B, City’s adopted Comp Plan sections regarding Port Miami River and the public Miami River Greenway / Riverwalk, the City’s adopted Miami River Greenway Action Plan, and the Miami River Corridor Urban Infill Plan.
4) Include additional existing public greenspaces

Mr. Mullerat and Ms. McLaughlin agreed to make the requested revisions to the draft plan, and provide their revised PowerPoint on June 29, in order to be included and distributed as backup materials for this agenda item on the MRC’s July 10 public meeting, noon, 1407 NW 7 ST.

III. Consideration of Riverfront Master Association’s Offer to Install and Operate a Pedestrian / Bicycle Gate at the SE 3 ST Entrance to the M-Path
Michael Dubas, Manager of the Riverfront Master Association, distributed 10 printed copies of his PowerPoint presentation. The Riverfront Master Association asked Miami-Dade Transit’s permission to install and operate a Pedestrian / Bicycle Gate at the SE 3 ST entrance to the M-Path, located one block north of the Miami River. Miami-Dade Transit is supportive of the proposal and asked Mr. Dubas to present it to the Miami-Dade County Transportation Planning Organization’s Bicycle Pedestrian Advisory Committee’s (which MRC Director is a volunteer board member appointed by Commissioner Barreiro) public meeting on June 27, 2017. In addition, Mr. Dubas is voluntarily presenting the proposal to the MRC’s Urban Infill and Greenways subcommittee’s public meeting. Mr. Dubas stated currently the gate is open and publicly accessible 24 hours a day, and is creating security concerns late at night. Mr. Dubas noted the City’s adopted Zoning Code section 3.11 states in part, “should remain open to public access during all times but at a minimum shall remain open to the public between 6 AM through 10 PM”. Therefore, Mr. Dubas stated the proposed gate would be open with public access from 6 AM through 10 PM, and then they would lock it and block public access only from 10 PM through 6 AM. Mr. Dubas stated the entire public Riverwalk would remain open to public access 24 hours a day, seven days a week, and there are alternate publicly accessible connectors / entrance points to the public Riverwalk located 1 and 2 blocks to the west. Mr. Dubas stated Miami-Dade Transit would have their own key to the lock as well for their use anytime.

MRC Urban Infill Chairman Murley recommended Miami-Dade Transit approve of the Riverfront Master Association’s offer to install and operate a pedestrian / bicycle gate at the SE 3 ST entrance with the following conditions:

1) Operate as presented open / public access from 6 AM to 10 PM and closed / no public access only from 10 PM to 6 AM
2) Miami-Dade County may remove the gate at any time
3) Revisit / Reconsider in One Year, and remove in future if possible

The meeting adjourned.