I. Planning Studies/Presentations
A. Update on Miami 21- Ms. Ashley Chase, MRC Assistant Managing Director, emailed Ms.
Laura Lavernia, inviting her to today’s meeting to present an update of the draft Miami 21
eastern quadrant, whom indicated that the City was not currently conducting presentations and
the City Manager was working on establishing a date when it would be represented to the City
Commission for consideration.

Mr. Brett Bibeau, MRC Managing Director distributed copies of an October 4, 2007 letter from
MRC Chair Eric Buermann to City of Miami Planning Director Ana Gelabert-Sanchez regarding
“Updated Miami River Commission Recommendation for Approval of Current Draft Miami 21-
Eastern Quadrant with Conditions.” Mr. Bibeau distributed and reviewed a two-page document
taken from the updated, revised Miami 21 Eastern quadrant draft regarding riverfront and
waterfront setbacks, which were provided byCity ofMiami Planning Department staff.

The UIWG reviewed the following MRC-requested revisions in comparison with the received
two pages of the current revised draft Miami 21 Eastern Quadrant:

• replacing the word “encouraged” with “required” (in regards to riverwalk access); City of
  Miami updated draft document submitted to MRC still uses the words “encouraged” and
  “feel public”
• replacing minimum “12 feet” with “16 feet” unobstructed walkway (riverwalk
  dimensions; City of Miami updated draft document still requires only 12 foot wide
  unobstructed walkway
• inserting the word “unobstructed” in front of “pedestrian walkway”; City of Miami draft
  document submitted to MRC has inserted “unobstructed” as recommended by MRC
• exempting D1 & D2 from the waterfront setback requirements; City of Miami draft
  document submitted to MRC, Section 3.12 does not exempt D1 and D2 from 20 foot
  building setback from the riverfront – Bibeau distributed a 10/30/07 letter from Planning
  Director Ana Gelabert-Sanchez to MRC Chair Eric Buermann stating “D1 and D2 are
  exempted from the riverwalk, unless the site is used for commercial retail or restaurant
  uses”
• maintaining the current 50-foot height limitation for new riverfront buildings within the
  historically designated Spring Garden neighborhood – two received pages of updated
  draft Miami 21 eastern quadrant and the Planning Director’s letter do not mention
  building heights issues

B. Discussion of Pending Proposed Revisions to City of Miami Chapter 50 Regarding
Waterfronts - Mr. Bibeau reported Mr. George Wysong, City of Miami, presented the
general concept of the City of Miami’s intent to amend Ch. 50 of the City Code, related to
waterfronts. Therefore MRC staff e-mailed Mr. Wysong to respectfully ask for a presentation
and copy of the draft re-write of Chapter 50 (related to waterfronts) of the City Code, whom
replied that a draft was not ready for distribution, but would possibly be ready for presentation
before the UIWG in February.

C. Review of Draft Proposed EAR Based Amendments to City of Miami Comprehensive
Plan- Mr. Bibeau noted City of Miami Commissioner Michelle Spence-Jones had appointed
him to the Evaluation Appraisal Report (EAR) based amendments to the Comprehensive Plan’s
public process review committee. Mr. Bibeau noted the committee met for the first time in
October, where the City reported their intention to commence public hearings in November 2007
to review the Ear based amendments to the City of Miami’s Comprehensive Plan. Mr. Bibeau
noted during the EAR committee meeting he asked for a copy of the EAR based draft
amendments to the City of Miami’s Comprehensive Plan, which haven’t been provided to the
Committee to date. Mr. Bibeau stated during the meeting he recommended the City commence
public hearings regarding the noted he had informed the City Manager of his request, whom had
agreed to provide the draft EAR to the committee before their next meeting. Mr. Bibeau
recommended during the first Committee hearing that the City of Miami commence public
hearings regarding the EAR based draft amendments to the City of Miami’s Comprehensive
Plan, after the amendments are made available to the public, and City Manager Hernandez
agreed, postponing the presented schedule to commence the meetings in November 2007. Mr.
Bibeau noted the City of Miami scheduled the second meeting of the EAR based draft
amendments to the City of Miami’s Comprehensive Plan Public Process Committee meeting for
January 8, which Mr. Bibeau noted he could not attend as he was participating in the previously
scheduled MRC sponsoredMiami River boat tour with members of the Dade Delegation, Miami-
Dade County, the City of Miami, etc.

D. Discussion of Proposed NW 7th Avenue Corridor Project - Mr. Bibeau noted on January 9,
2008 he had attended a Public Kick Off meeting for the “NW 7th Avenue (SR 7/US-441)-
Reversible Lane Control System Project Development and Environment (PD & E) Study,” and
distributed copies of a one-page summary provided at the meeting, as well as the current draft
three route alternatives. The UIWG welcomed Mr. Mike Riera, P.E. Project Manager for
Miami-Dade County, and Mr. Delfin Molins, Miami-Dade County Public Works, whom
provided a brief presentation of the project:

• Mr. Riera noted the distributed draft alternatives are subject to change through the PD &
  E process.
• Miami-Dade County, in coordination with the Florida Department of Transportation
  (FDOT), has initiated a Reversible Lane Control System Project Development and
  Environmental (PD & E) Study with the intent of alleviating traffic congestion during
  peak periods
• The study is in its beginning stages; during this phase, the preliminary engineering as
  well as the preparation of all necessary documents will be conducted to determine if a
  Reversible Lane System along the NW 7th Avenue Corridor is viable; currently studying
  reversible lane designs and schematics
• The objectives of this study are to increase roadway capacity, travel speeds, as well as
  decrease congestion and travel time along the NW 7th Avenue Corridor, from NW 5th/6th
  Street (Miami River) to NW119th Street-approximately 7.2 miles
• The study will evaluate access management issues, safety and control of pedestrian
  movements across potential reversible lanes
• Will evaluate impact to adjacent roadways and community impacts in the immediate
  vicinity of the NW 7th Avenue Corridor
• All Alternatives (3 including no build) will be subject to a comprehensive evaluation to
  determine the best viable option; engineering, environmental, socio-economic factors and
  cost will be considered in arriving at a preferred alternative
• Mr. Riera noted the study is reviewing the feasibility of making the center lane along NW
  7th Avenue a thru lane, heading in opposite directions during AM and PM peak hours
• Three public meetings have been held thus far, where the community expressed concern
  and some opposition; will conduct a meeting in February to review different route
  alternatives, and a public hearing in April; As part of the PD & E study, a comprehensive
  public involvement program will continue to be conducted
• Preliminary concept has been presented to elected officials, and will later be presented to
  the Miami-Dade County School Board
• If project yields a positive impact, funding will be made available from the Peoples’
  Transportation Plan (PTP)
• County plans to study the feasibility of implementing a reversible lane along North
  Miami Avenue, US 1, Flagler and Bird Road in the future
  

Questions/Comments:

• Mr. Bibeau noted that, according to Alternative 3, the middle thru lane will become a
  reversible lane, thereby eliminating the left-hand turn lane. Mr. Bibeau noted some
  Spring Garden residents had expressed concern over this alternative, as it would block
  turning left to enter their neighborhood when traveling north on 7 Ave. Mr. Riera replied
  that the county is still looking into that alternative in order to potentially facilitate a lefthand
  turning lane.
• Mr. Bibeau noted Alternative 2 includes a left-hand turn lane, and asked about the
  parking schematics. Mr. Riera replied that parking is allowed on the outer lanes, but is
  restricted during peak hours; Mr. Riera explained the East Lane will not allow parking
  during the morning rush hours of 7-9 am. Mr. Riera added that during 4-6 pm, the rush
  hour traffic is heading northbound, therefore, parking would be made available. Mr.
  Riera stated they want to eliminate alternative #2.
• Mr. Bibeau distributed a December 28, 2007 letter from the University of Miami to Mr.
  Riera, expressing their concern over the NW 7th Avenue Corridor project’s potential
  impact on future plans of the University of Miami Miller School of Medicine and the
  surrounding Health District area. In the letter, Mr. Larry Marbet, Real Estate &
  Facilities, states, “Based on the fact that neither the AM peak hour traffic nor the PM
  peak hour traffic experiences LOS deficiencies with the current 4 lane divided cross
  section, we believe that extending the reversible lane south of NW 20th Street is
  unnecessary and unwarranted at this time.”
• Mr. Bibeau noted that none of the proposed alternatives included bike lanes, and Mr.
  Riera replied that the right-of-ways have been maxed out; Mr. Riera noted that perhaps
  the February public meeting could review intersections and pedestrian crossings
• Mr. Bibeau distributed a January 7, 2008 Miami Herald article, “Dade’s NW 7th Avenue
  lane-squeeze plan on obstacle course”
• Chair Murley asked what current examples are their of reversible lanes, and Mr. Riera
  replied the only currently operational reversible lane is adjacent to the Dolphin Stadium
  on 199 ST to accommodate stadium traffic.
• Ms. Elba Larsoncel, property owner on the west side of NW7 Ave just north of NW5 ST
  stated she prefers the no build alternative adjacent other property because the proposed
  reversible land alternative would eliminate left hand turns into her property, forcing
  vehicles to conduct dangerous u-turns, etc.
  

UIWG Chair Murley noted since the draft alternatives are subject to change and the alternative
recommendation will not occur until March at the earliest, that the UIWG should reserve their
recommendation to the MRC until the UIWG’s February meeting, and then bring the item to the
MRC’s March 3, 2008 publicly noticed meeting, noon, Robert King High, 1407 NW 7 Street.
Mr. Murley stated the UIWG and MRC would strictly be commenting on the proposed project
section within the Miami River Corridor Urban Infill Plan boundary, which includes NW 7 Ave
from the Miami River to NW 20 ST. The UIWG thanked Mr. Riera and Mr. Molins for their
presentation. Mr. Riera and Mr. Molins stated they are seeking board members for their Public
Advisory Committee, and Chair Murley recommended Mr. Bibeau.

E. Status of the “Upper River/MIC Associated Development” Planning Process - Mr. Bibeau distributed copies of the “Miami River Short Sea Shipping Pilot Program,” summary which was recently submitted to the Metropolitan Planning Organization’s 2008 Transportation Studies “Call for Ideas” for potential inclusion into MPO’s Unified Planning Work Program.
Mr. Bibeau noted the IPWP process led to the creation of the MPO and MRC’s adopted “Miami
River Corridor Multi-Modal Transportation Plan.” Mr. Bibeau added inclusion into the UPWP
allows programs to be become eligible for funding. Mr. Bibeau added the “Miami River Short
Sea Shipping Pilot Program” was emailed to Chairman Bruno Barreiro. Chair Murley directed
MRC staff to touch base with Mr. David Henderson, MPO. Chair Murley added the UIWG
should strive to get the “Miami River Short Sea Shipping Pilot Program” initiative included in
the SIS, and noted he would contact Mr. Terry Grafton in Tallahassee to address the concept.

Dr. Fran Bohnsack, Miami River Marine Group, noted Mayor Carlos Alvarez and Assistant
County Manager Ysela Llort had not been thrilled by the concept, as it could potentially take
business away from the Port of Miami. Mr. Bibeau noted Congress recently passed on Energy
Bill which includes provisions to provide funding for short sea shipping initiatives, a concept
supported by Congresswoman Ileana Ros-Lehtinen.

Mr. Bibeau distributed the February 10, 2007 summary of the EDC’s “Creation of an “Upper River
Area Plan,” followed by the Miami Intermodal Center’s (MIC) Associated Development
Specifications and Guidelines, which he noted had been submitted to Chairman Bruno Barreiro via
Ms. Avalo.

A. Update on the Status of the SW 1st Street - Mr. Bibeau distributed a Bridge Closure Advisory for the SW 1st Street Bridge. Ms. Tish Burgher, the Florida Department of Transportation/QCA, noted the SW 1st Bridge is currently in the up position, as the truniondevice that helps to raise the bridge-is being repaired/reconditioned. Ms. Burgher noted the bridge was closed to traffic on January 7, 2008, and is scheduled to reopen on February 14, before the boat show.

B. Update on the Status of the NW 5th Street Bridge - Ms. Burgher noted the NW 5th Street
Bridge project is scheduled to commence on December 8, 2008 and be completed by Summer
2010 (542 days). Ms. Burgher noted the same contractors for the 12th Avenue Bascule Bridge
Replacement project, Kewitt Southern, have been contracted, as well as the same FDOT project
manager, Mr. Hector Rodriguez. Ms. Burgher noted the estimated cost of the project is $59.7
million.

Ms. Lasoncel asked for the status of dredging within that area, and Ms. Burgher replied she did
not have a confirmed schedule, but presumed the earliest time the dredging contractors could
arrive at the site was July. Ms. Lasoncel explained she intended to rebuild her seawall, located
on Seybold Canal, and wanted to know if the bridge project would conflict with the permitting
process. Ms. Lasoncel asked if there would be some kind of support structure for seawalls within
that vicinity to protect them from collapsing into the river as a result of dredging or construction
activity. Mr. Bibeau noted this was a good question for the City and asked Mr. J.C. Garrido,
City of Miami Capital Improvements Department, whom she should contact to address seawall
repair issues such as, seawall location and permitting timeline. Mr. Garrido agreed to verify and
forward that information to Ms. Lasoncel.

C. Update on the Status of the NW 12th Avenue Bridge - Ms. Burgher distributed a 12th
Avenue Bascule Bridge Replacement Project Construction Update January 10, 2008, and noted
FDOT is preparing to commence Phase 5 of the project-two months earlier than anticipated. Ms.
Burgher stated Phase Five includes the construction of the western half of the NW 12th Avenue
/NW 11th Street intersection. Ms. Burgher noted that on Sunday, January 20, two southbound
travel lanes will be rerouted to the new bridge span. Once completed, there will be two lanes
open in each direction on the new bridge. Traffic will remain this way for approximately 14
months, while the contractor demolishes the old NW 12th Ave. Bridge and builds a new threelane
southbound bridge span. Ms. Burgher noted she is continuing to coordinate with Mr. Mark
Bailey, Merrill Stevens, and Mr. Long, Long Motorcycle, adjacent business owners. Ms.
Burgher added she has scheduled a meeting with Mr. Bailey on January 22. Ms. Burgher noted
the $64 million project is expected to be completed in Spring/Summer 2009.

D. Update on the Status of the NW 17th Avenue Bridge - Mr. Bibeau noted Mr. Marcos
Redondo, Miami-Dade County Public Works, was unable to attend today’s meeting yet had
emailed MRC staff photographs and the following update of the NW 17th Avenue Bridge
Reconstruction project:

“The work is proceeding on schedule and the bridge is scheduled to be re-opened to traffic on
March 7th, 2008. Two weekend closings are anticipated after that date in order to transfer the
operating system from old to new. The work mainly consisted of:

1. Complete replacement of all of the structural steel members on the bascule spans forward
   of the bascule piers with the exception of the main girders. This included the flooring,
   handrails and guardrails.
2. The main girders were strengthened to carry higher vehicle loads.
3. Complete replacement of the locking mechanism of the bascule spans.
4. Complete replacement of the operating drive systems, both mechanical and electrical.
5. Complete replacement of the 2 flanking concrete spans.
6. Large amount of spall repairs.
7. Re-painting of all of the steel members.
8. Total project cost approximately $ 10 million.”
   

Mr. Molins confirmed the bridge is scheduled to reopen to traffic on March 7, and bridge testing
will be performed through May. Ms. Burgher asked if all lanes will remain open during testing,
and Mr. Molins replied yes. Mr. Molins noted the contractor is ahead of schedule. Mr. Molins
added the NW 17th Avenue bridge repairs are expected to provide it an additional 40 years of
longevity. Mr. Molins noted additional information can be obtained via the county’s website:
www.miamiadade.gov/pubworks/update. Mr. Bibeau asked if it would be possible to paint
county-owned bridges different colors as part of an aesthetic initiative, and Mr. Molins replied he
would forward that suggestion.

E. Update on the Status of Spring Garden’s “Humpback Bridge”- The UIWG welcomed Mr.
J.C. Garrido, Senior Project Manager for the City of Miami Capital Improvements Department,
whom provided the following update regarding the city-owned “Humpback Bridge”:

• Repairs expected to be completed by the second week of February
• Cost of project: $577,875
• Mr. Garrido passed around photographs of “pre-construction,” “demolition of cantilevered sidewalk and railings,” “construction of cantilevered sidewalk” and “finished product (touch-up patching prior to application of coating).” will meet with design project manger to discuss striping and coating
  

Chair Murley asked if the city could install a “Welcome to Spring Garden” sign at the entrance
of the Humpback Bridge, and Mr. Garrido replied perhaps this suggestion could be included in
the “wish list.” Mr. Bibeau noted MRC staff has specifications available for historic
markers/signage.

Mr. Bibeau asked if the project had widened the sidewalks at the Humpback Bridge, and Mr.
Garrido stated the new sidewalks are ADA compliant.

Chair Murley suggested including the status of bridges as part of 511. Ms. Burgher noted she
usually submits information regarding lane closures to 511.

Chair Murley noted the high-rises abutting bridges, such as Brickell Ave. and SW 2nd Ave, seem
to be spilling traces of cement on bridge signage during construction. Chair Murley noted the
sign which says “Miami River” on the SW 2nd Avenue Bridge sign is currently covered in
cement, as well as the railings along the Brickell Ave. Bridge. Ms. Burgher agreed to forward
that information to FDOT.

Mr. Bibeau noted the railings along the Brickell Avenue Bridge contain poles, and asked if these
poles are intended to hang decorative flags. If so, Dr. Fran Bohnsack, MRMG, suggested
installing international flags along the Brickell Avenue Bridge.

III. New Business – The following items were addressed/discussed:

• Mr. Bibeau distributed January 4, 2008 Miami Today article, “Dade County asks State to
  fund $250 million in projects” which includes funding for Tamiami Canal Swing Bridge
• Mr. Bibeau distributed a summary, “Creation of an Upper River Area Plan” followed by
  Miami Intermodal Center’s (MIC) Associated Development Specifications and
  Guidelines” which he recently mailed Lubby Navarro and Marlene Avalo, Office of
  Chairman Bruno Barreiro

The meeting adjourned.

I. Planning Studies/Presentations

A. Update on Miami 21 - Mr. Brett Bibeau, MRC Managing Director, stated Ashley Chase, MRC Assistant Managing Director, emailed Ms. Laura Lavernia and W. Alexander Adams, City of Miami Planning Department, inviting the City Planning Department to today's meeting to present the revised draft Miami 21 Eastern Quadrant, and he doesn't believe they replied. Mr. Hal Ruck, City of Miami Planning Department, stated he attended the MRC UIWG meeting only for Agenda Item I C. "Presentation of Draft Proposed Ear Based Amendments to the City of Miami Comprehensive Plan", and wouldn't present the draft revised Miami 21 on behalf of the City Planning Department. Mr. Bibeau noted the entire revised draft Miami 21 Eastern Quadrant is yet to be posted on the City of Miami's website and hasn't been provided to the MRC. Mr. Bibeau stated at a recent meeting regarding the Miami River Greenway with MRC Greenways Subcommittee Chair Dr. Martin, City Manager's Chief of Staff Roger Hernstadt, City Planning Director Ana-Gelabert Sanchez, Alexander Adams, City of Miami Planning Department and others, he was provided one hard copy of a third draft two pages of the draft Miami 21 Eastern Quadrant, regarding setbacks and greenways. W. Bibeau reported the revised draft widens the riverwalks unobstructed pedestrian path from 12 to 15 feet.
Mr. Bibeau noted the UIWG requested an update on the revised draft Miami 21 in January 2008 as well, and reviewed the MRC's advisory recommendation on the original draft Miami 21 Eastern Quadrant established during the MRC's December 6, 2004 meeting including:

• Regarding public access to the riverwalk, replacing the word "encouraged" with "required"- City of Miami updated draft pages regarding riverwalks submitted to MRC still uses the words "encouraged" and "feel public" - The MRC recommendation is consistent with the City Comp Plan which requires a publicly accessible riverwalk replacing minimum "12 feet" with "16 feet" unobstructed riverwalk mixed-use path -

City of Miami updated draft pages regarding riverwalks encourages a 15 foot-wide unobstructed riverwalk path

• inserting the word "unobstructed" in front of "pedestrian walkway" (riverwalk) - City of Miami draft pages regarding the riverwalk inserted "unobstructed" as recommended by MRC
• exempting D 1 & D2 from the 20 foot building setback from the riverfront - City of Miami revised draft pages regarding setbacks does not exempt D1 and D2 from the 20 foot building setback from the riverfront, although D1 and D2 parcels are exempt from the "encouraged" riverwalk unless the site is used for restaurant or retail purposes
• maintaining the current 50-foot height limitation for new riverfront buildings within the historically designated Spring Garden neighborhood - two received pages of updated draft Miami 21 eastern quadrant and the Planning Director's recent letter do not include information regarding this recommendation
  

Ms. Maria Chiaro, City of Miami Attorney's Office, reported the next day, February 14, 2008, the City Commission has a discussion item regarding Miami 21's process and timeline, which would result in the City Commission considering the revised draft Miami 21 Eastern Quadrant the following month, March 2008. Mr. Bibeau asked if the significantly revised draft Miami 21 Eastern Quadrant will be presented to either the City of Miami's Planning Advisory or Zoning Advisory Board, and Ms. Chiaro replied no, because they were previously presented and formulated their advisory recommendations based on the original draft Miami 21 Eastern Quadrant. Mr. Bibeau asked when the revised draft would be provided to the MRC and public and Ms. Chiaro replied at least 30 days before the City Commission considers the draft Miami 21 Eastern Quadrant at first reading in late March. Chair Murley noted we are currently close to 30 days from the potential City Commission hearing of the revised draft Miami 21 eastern quadrant. Mr. Murley and W. Bibeau noted if the City Commission considers the revised draft Miami 21 Eastern Quadrant in March, the last chance for the MRC to review the yet to be provided revised draft is during their March 3, 2008 meeting, noon, 1407 NW 7 ST.
B. Discussion of Pending Proposed Revisions to City of Miami Chapter 50 Regarding
Waterfronts - Mr. Bibeau reported MRC staff e-mailed Mr. George Wysong, and W. Steve Bogner, City of Miami, inviting them for the second consecutive month to present their proposed draft revisions to Ch. 50 of the City Code, related to waterfronts. Although Mr. Wysong and Mr. Bogner replied they were again unavailable to attend the MRC UIWG meeting, they e-mailed the draft revisions to CH 50 of the City Code, regarding waterfronts, which W. Bibeau provided for review and discussion by the UIWG. The UIWG noted and discussed the following "track changed" excerpts from the draft amendments to CH 50:
1) page 6, "It shall be unlawful for any vessel within the city

UIWG Chair Murley recommended unless the proposed deletion of the aforementioned CIty Code CH 50 sections prohibiting mooring which blocks channels and the process of addressing removal of derelict vessels is satisfactorily re-addressed in the amended Code, the MRC should
recommend the aforementioned sections not be deleted from the current City Code. UIWG Chair
Murley added if the City Representatives whom were unable to attend the MRC UIWG meeting are able to demonstrate that despite the proposed deletions, addressing removal of derelict vessels and prohibiting docking which blocks navigation remains codified, then the MRC Chair and or Executive Committee may consider if the
full MRC needs to consider the draft amendments to CH 50 of the City Code regarding waterfronts.

C. Review of Draft Proposed EAR Based Amendments to City of Miami Comprehensive
Plan- Mr. Hal Ruck, City of Miami Planning Department and Maria Chiaro, Assistant City Attorney provided copies
of the full set of draft proposed Evaluation Appraisal Report (EAR) recommended amendments to the City of Miami's adopted Comprehensive Neighborhood Plan, and "Addendum 1 - February 7, 2008". The UIWG noted the presented draft EAR recommended amendments to the entire Comprehensive Plan include proposed draft amendments to the Port of Miami River sub-element within the Comprehensive Plan. W. Bibeau stated the
provided EAR recommended draft amendments to the City's Comprehensive Plan were presented by the City
at 10 public hearings, and the City has provided the following estimated adoption schedule:

• Planning Advisory Board (PAB) Workshop - March 5, 2008
• PAB Meeting - March 19, 2008
• City Commission DCA Transmittal Hearing - April 24, 2008
• City Commission EAR Based Amendment Adoption Hearing July 24, 2008 W. Bibeau distributed copies of "Draft EAR based amendments to the City of Miami's Adopted Comprehensive Neighborhood Plan, related to the Miami River Corridor - February 11, 2008".

In addition, the City of Miami representatives distributed copies of an entirely different set of City Administration proposed non-EAR recommended amendments to only the Port of Miami River sub-element of the Comprehensive Neighborhood Plan. W. Ruck stated this new set of amendments was e-mailed to MRC staff for the first time on February 12, 2008 (after MRC staff prepared the previously distributed "Draft EAR based amendments to the City of Miami's Adopted Comprehensive Neighborhood Plan, related to the Miami River Corridor - February 11, 2008"). W. Ruck stated the 2/12/08 version of the City Administration's proposed amendments to the Port of Miami River sub-element to their Comprehensive Plan will be considered before the separate EAR recommended amendments to the Comp. Plan, and will come before the PAB next Wednesday, February 20, 2008, followed by the City Commission in March.

The UIWG noted although the draft EAR based amendments to the Comprehensive Plan didn't propose any revisions to the Port of Miami River sub-element's footnote / definition, the new 2/12/08 non-EAR based draft City Administration proposed amendments redefine the Port of Miami River sub element as only applying to properties west of 27 Ave. Dr. Bohnsack stated doing so essentially proposes to delete the Port of Miami River sub element from the City's Comprehensive Plan because the City of Miami doesn't have riverfront parcels west of 27 Ave. Mr. Ruck replied there are several parcels within the City of Miami west of 27 Ave. Mr. Bibeau demonstrated on a large map of the Miami River that there is only one parcel of riverfront land on the Miami River west of 27 Ave, the former Bojean's Boatyard on the south shore, which is under major renovation to be reactivated as a new international shipping terminal. Chair Morley stated the City's Comprehensive Plan only applies and has jurisdiction within the City of Miami. MRC UIWG Chair Murley asked the City of Miami to provide the MRC with the factual data and analysis to support the City's new 2/12/08 non-EAR recommended amendments to the Port of Miami River sub-element, as required by ST Statute 163 and the FL Department of Community Affairs (DCA). W. Ruck replied the City's adopted Port of Miami River Plan. Mr. Morley asked which Port of Miami River Plan, and Mr. Ruck replied the correct title is the Miami River Master Plan. Mr. Murley asked when and how the Miami River Master Plan was adopted, and Mr. Ruck replied the City Commission adopted the Miami River Master Plan in the 1990's by ordinance. Dr. Fran Bohnsack, Miami River Marine Group, stated the City Commission adopted the Miami River Master Plan in 1992 by resolution. Chair Morley stated the MRC is familiar with the 1992 Miami River Master Plan, which is supportive of the Port of Miami River riverwide. Mr. Ruck stated the City Administration wants to make the 2/12/08 set of amendments to the Port of Miami River sub-element. Mr. Murley stated the Federal Homeland Security Act recognizes the Miami River as an international shipping port which is required to be consistent with the Federal Maritime Security Act. W. Morley noted there are international shipping terminals and recreational boatyards within the City of Miami, east of the 27 Ave Bridge, which are required to implement various security measures to be consistent with Federal Homeland Security Laws required for the US Coast Guard to allow the business to operate.

Maria Chiaro stated the Port of Miami River sub element is not a legally required element of the City's Comprehensive Plan, therefore the City has the option of eliminating the entire Port of Miami River sub-element. Ms. Chiaro stated the City Administration's 2/12/08 set of proposed amendments to the Port of Miami River sub-element clarifies the section. Chair Morley noted the Port of Miami River has numerous marine industrial functions in addition to the shipping noted in the 2/1V08 proposed amendments to the Port of Miami River sub-element, including recreational boatyards, tug at basins, commercial fishing operations, vessel rescue, marinas, etc., therefore it applies to all riverfront sites zoned Marine Industrial SD-4. Dr. Bohnsack noted the three recent court cases confirmed the Port of Miami River sub-element applies to all Marine Industrial, SD-4 zoned parcels within the City of Miami, most of which are located east of the 27 Ave Bridge. Ms. Chiaro stated she reviewed the three recent related opinions where the Courts overturned the City's decisions to amend Marine Industrial SD-4 zoning with zoning for residential developments, and the Courts interpreted the Port of Miami River sub-element of the City's Comprehensive Plan differently, therefore the City Administration is proposing the 2/12/08 amendments in order to clarify the sub-element. Chair Murley stated property owners of parcels zoned Marine Industrial SD-4 have rights which would be deleted if the 2/12/08 set of amendments to the Industrial, Port of Miami River sub-element of the Comp Plan were approved.

W. Robert Weinreb, City of Miami, stated the Planning Department presenting the EAR recommended version of amendments to the Port of Miami River sub-element to the public at numerous recent public hearings, and then just before its consideration creating a new and significantly different set of proposed amendments maybe categorized as "bait and switch", which reflects poorly on the City.

• Folio #01-0201-010-1160, beneath west side of the 1 ST Bridge

Current Condition: Vacant unused lot with dilapidated fence - adjacent to on road greenway constructed by City of Miami along South River Drive - potential riverfront pocket park area - MRC may provide volunteers and funding cost share for site improvements

• Folio#Ol-0201-010-1120 (north of 1 ST Bridge on west side)

Current Condition: Vacant unused lot with dilapidated fence - homeless often go through hole in fence and stay on City parcel - adjacent to on road greenway constructed by City of Miami along South River Drive - potential riverfront pocket park area, if City removes fence, MRC may provide funding and volunteers to plant grass, trees, etc.

• Folio # 01-0201-010-1075 (just south of Flagler Bridge on west side)

Current Conditions: City has license agreement for operating commercial fishing business - DERM e-mailed City stating the site doesn't have required Marine Operating Permit nor a permit for the dock on the site
UIWG Chair Murley recommended turning the four vacant parcels (aforementioned sites 1-4) into riverfront pocket parks adjacent to the on-road Greenway and maintaining the current commercial fishing business (aforementioned site 5), with all required permits.
W. Robert Weinreb, City of Miami, stated the City administration and Assistant City Manager Anido continues to try and address enforcement of the City Code which requires the need for private property owners to maintain their seawalls in good condition. Mr. Weinreb stated he took photos of numerous seawalls from the mouth of the Miami River to the Flagler Bridge, which are rusted through like "swiss cheese", and submitted the pictures to the City Manager. Mr. Weinreb stated the City Public Works Director Grindell suggested codifying a new requirement for all riverfront property owners to hire an engineer to submit seawall coordinates to the City every other year, and the
City would need to hire two additional engineers to review the coordinates submitted by the engineers hired by the waterfront property owners. Mr. Murley expressed concern regarding the cost burden that middle income homeowners, etc. would have if they are required to hire engineers every other year to submit seawall coordinates
to the City of Miami. W. Bibeau noted W. Weinreb's pictures clearly demonstrate seawalls which are not in compliance with City Code. W. Bibeau added the Miami Circle seawall was in poor condition for years and finally collapsed into the Miami River, along with a significant portion of the site's upland.

The meeting adjourned.

I. Planning Studies/Presentations

B.   Review of 2004 City of Miami Comprehensive Plan Amendments Regarding Miami River - UIWG Chair Murley noted one of the MRC’s 18 board members is the President of the Miami River Marine Group (MRMG), and welcomed their Executive Director, Dr. Fran Bohnsack.  Dr. Bohnsack introduced Mr. Andrew Dickman, whom is representing the MRMG.  Mr. Dickman presented the MRMG’s following recommended amendments, noting new proposed text is underlined and deletions are struck through:

FUTURE LAND USE

*          *          *

Policy LU-1.3.3: The City shall encourage development of water-dependent and water-related commercial and industrial uses on the Miami River within existing districts designated Industrial on the Future Land Use Map, consistent with the Port of Miami River Sub element, and Coastal Management Element.

*          *          *

PORT OF MIAMI RIVER [1]

Goal PA-3: The Port of Miami River, a group of privately owned and operated commercial shipping companies located at specific sites along the Miami River, shall be encouraged to continue operation as a valued and economically viable component of the city's maritime industrial base.

Objective PA-3.1: The City of Miami, through its Land development regulations, shall help protect the Port of Miami River from encroachment by non water-dependent or water-related land uses, and shall regulate its expansion and redevelopment in coordination with the City's applicable coastal management and conservation plans and policies.

Policy PA-3.1.1: The City shall use its land development regulations to encourage the establishment and maintenance of water-dependent and water-related uses along the banks of the Miami River, and to discourage encroachment by incompatible uses.

Policy PA-3.1.2: The City shall, through its land development regulations, encourage the development and expansion of the Port of Miami River consistent with the future land use, coastal management and conservation elements of the City's Comprehensive Plan.

Policy PA-3.1.3: The City shall, through its land development regulations, encourage development of only compatible land uses in the vicinity of the Port of Miami River so as to mitigate potential adverse impacts arising from development of the Port of Miami River upon adjacent natural resources and land uses.

Objective PA-3.2: The City of Miami shall coordinate the surface transportation access to the Port of Miami River with the traffic and mass transit system shown on the traffic circulation map series.

Policy PA-3.2.1: The City of Miami shall, through the Transportation Element of the Comprehensive Plan, coordinate intermodal surface and water transportation access serving the Port of Miami River.

Objective PA-3.3: The City of Miami shall coordinate its Port of Miami River planning activities with those of ports facilities providers and regulators including the U.S. Corps of Engineers, U.S. Coast Guard, Miami-Dade County's, Port of Miami, Miami River Marine Group, Inc., and the Miami River Commission established by Florida Statute 163.06 as the official clearinghouse for public policy and projects related to the Miami River.

Policy PA-3.3.1: The City of Miami, through its Intergovernmental Coordination Policies, shall support the functions of the Port of Miami River consistent with the future goals and objectives of the Comprehensive Plan, particularly with respect to the unique characteristics of the Port of Miami River's location and its economic position and functioning within the local maritime industry, and the necessity for coordination of these characteristics and needs with the maritime industry that complements, and often competes with, the Port of Miami River.

[1]         The "Port of Miami River" is simply a shallow draft riverine port consisting of legal name used to identify some 14 independent, privately-owned small shipping companies and other water-dependent and water-related entities and properties located along the Miami River.  The Port of Miami River is, and is not a "Port Facility" within the usual legal meaning of the term.  The identification of these shipping concerns properties as the "Port of Miami River" was made in 1986 for the sole purpose of satisfying a U.S. Coast Guard regulation governing bilge pump outs. The geographic boundaries of the Port of Miami River in the City are depicted as “Industrial” riverfront lands on the Future Land Use Map and “SD-4” on the official zoning atlas for the City.

*          *          *

COASTAL MANAGEMENT

Goal CM-3: Provide an adequate supply of land for water dependent uses.

Objective CM-3.1: Allow no net loss of acreage devoted to water dependent uses in the coastal area of the City of Miami, including along the banks of the Miami River.

Policy CM-3.1.1: Future land use and development regulations will encourage water dependent uses along the shoreline, including the banks of the Miami River.”

UIWG Chair Murley explained it was recently discovered that the 2005 EAR was based on the Comprehensive Plan before it was amended in December 2004.  UIWG Chair Murley stated staff had distributed a document entitled, “2004 Amendments to the City of Miami’s Adopted Comprehensive Neighborhood Plan, related to the Miami River Corridor, March 14, 2008,” which cut and paste the amendments to the Comprehensive Plan, regarding the Miami River, from the ordinance which was adopted in 2004.  UIWG Chair Murley stated it was unfortunate the MRC wasn’t notified of the 2004 amendments to the Comprehensive Plan regarding the Miami River and specifically the MRC.  Mr. Robert Ruano asked why the 2004 Amendments were made, and Mr. Bibeau replied that the 2004 ordinance cites the 1995 EAR recommended amendments to the Comprehensive Plan.  Dr. Bohnsack noted the MRC was created in 1998; therefore it was impossible for the 1995 EAR to have recommended inserting the MRC into the Comprehensive Plan which occurred in the 2004 amendments based on the 1995 EAR.

UIWG Chair Murley stated he would like to review the 2004 Comprehensive Plan amendments, the Port of Miami River Sub-element language and related materials with city and county representatives, as well as additional entities potentially impacted by these recommendations, in order to achieve consensus and obtain understanding of the process.  Mr. Ruano noted the City of Miami Planning Department and City Attorney’s Office were not represented at today’s meeting, and Mr. Bibeau replied MRC staff had emailed and called the appropriate staff to seek their participation in the publicly noticed meeting, but they had either declined or not replied.  Mr. Ruano explained he did not feel comfortable taking up this item during the MRC’s April 7, 2008, in which the board is expected to provide its advisory recommendation, since today’s UIWG meeting agenda did not specifically list the MRMG’s presentation.

MRC Vice-Chair Phil Everingham stated he was sensitive to the City of Miami’s Comprehensive Plan process and timelines, as well as the MRC’s timeframe to render an advisory recommendation.  MRC Vice Chair Murley stated he understood Mr. Ruano’s concern and believed the UIWG should conduct an additional meeting this month, which would be publicly noticed and include the MRMG’s presentation on the agenda.  Mr. Ruano agreed with MRC Vice-Chair Everingham’s suggestion.

UIWG Chair Murley agreed to publicly notice another UIWG meeting this month including but not limited to the following items on the agenda:

• Miami River Marine Group’s presentation Regarding their Recommended Amendments to the City of Miami Neighborhood Comprehensive Plan’s Port of Miami River and Coastal Management Sub-elements
• Review of 2004 City of Miami Neighborhood Comprehensive Plan Amendments Regarding Miami River

MRC staff agreed to invite Ms. Ana Gelabert Sanchez, City of Miami Planning Director, as well as Planning Department representatives to the second UIWG meeting in March to further discuss these planning related issues.  UIWG Chair Murley suggested MRC Chair Eric Buermann write Mayor Diaz to recommend the MRC’s willingness to meet with City, County and Miami River stakeholders to attempt to reach consensus on the numerous versions of proposed amendments to the Port of Miami River Sub-element of the Comprehensive Plan, which should occur before the potential amendments are further considered.

Mr. Bibeau provided the following public meeting schedule for the City Of Miami Comprehensive Neighborhood Plan’s draft Ear-based and non EAR-recommended amendments:

• Wednesday, March 19: Planning Advisory Board EAR workshop regarding EAR recommended amendments to Comp Plan
• Monday, March 31: Final Planning Advisory Board hearing and vote regarding EAR recommended amendments to the Comprehensive Plan
• Wednesday, April 16: Non EAR-recommended amendments will be considered by Planning Advisory Board
• Thursday, April 24:  EAR-recommended amendments to be voted on by Miami City Commission

Mr. Bibeau noted progress has been made on the following EAR based amendments to the Comprehensive Plan, recommended by the MRC at the March 5, 2008 City of Miami Planning Advisory Board hearing:

• Concurring with City Commissioner Sanchez’s recommendation made during a public hearing regarding the EAR recommended amendments to the Comp. Plan, to insert City support for citywide Water Taxi/Water Bus services within the Transportation  element of the Comp. Plan; Mr. Bibeau noted there is support within the City Administration for waterborne transportation and the text will be strengthened in draft Policy TR 1.5.9
• Not deleting PR 1.4.1 and PR 1.4.2 regarding development impact fees for parks and inserting the EAR based amendments for the sections; Mr. Bibeau noted collecting development impact fees for parks is included in the new draft PR 1.5 and PR 1.5.1
• As directed by the PAB and City Commission when considering the EAR in December 2004, inserting “Fisherman’s Wharf” in PR 6.1.3 to become consistent with PR 6.1.4; Mr. Bibeau noted the Planning Department’s Park consultant, Larissa Brown, agreed in an e-mail to this recommendation

UIWG Chair Murley noted the MRC formulated their advisory recommendation regarding the EAR recommended and non-AR recommended amendments to the Comprehensive Plan during their March 5, 2008 publicly noticed meeting, and all MRC advisory recommendations may only be reviewed if the MRC passes a resolution to reconsider a previous vote.

A. Update on Miami 21- MRC staff noted the City of Miami Planning Department posted a revised, draft Miami 21 zoning code on www.miami21.org.  Ms, Ashley Chase, MRC Assistant Managing Director, stated she had e-mailed the City’s Planning Department with an invitation to participate in the UIWG meeting, yet they had declined.  Mr. Brett Bibeau, MRC Managing Director, reported the draft Miami 21 is now being considered city wide, not only the eastern quadrant, by the City Commission on first reading in April.  The map of proposed transect zones will be made available before the draft Miami 21 is considered by the City Commission on second reading.  The UIWG reviewed and discussed the following distributed documents:

• July 9, 2007 Miami River Commission Meeting minutes regarding “Draft Miami 21-Eastern Quadrant Update”
• September 10, 2007 Miami River Commission meeting minutes “Draft Miami 21-Eastern Quadrant Update”
• October 4, 2007 letter from MRC Chair Eric Buermann to City of Miami Planning Director Ana Gelabert-Sanchez regarding “Updated Miami River Commission Recommendation for Approval of Current Draft Miami 21-Eastern Quadrant with Conditions.”
• October 30, 2007 response letter from City of Miami Planning Director Ana Gelabert-Sanchez to Chair Buermann
• City Charter excerpts regarding waterfront building setbacks (“mm Building and zoning, ii”)
• Revised draft Miami 21 riverwalk cross sections
• Key Changes to Miami 21 - June 2007 through December 2007
• draft Miami 21 Article 6: Supplemental Regulations, pages 4-16
• Draft Miami 21 Article 4, Table 2 “Miami 21 Summary” and Table 3 “Building Function: Uses”
• 3/7/8 Draft Miami 21 (Citywide) related to the Miami River Corridor, March 15, 2008

The UIWG noted the draft Miami 21 Article 1 includes the following definition, “h. INDUSTRIAL
This category is intended to encompass land use functions connected with a business or activity involving manufacturing, fabrication, assembly, distribution, disposal, warehousing or bulk storage, trucking and equipment facilities, and other business serving primarily industrial needs. Residential uses are not permitted except for live-aboard in commercial marinas, and limited work-live uses.
Marine-Related: A facility conducting activities associated with the construction, repair, and operation, storage, loading and unloading of boats, and other activities the primary purpose of which is to facilitate the maritime industry. All work on vessels which exceed eight (8) feet in width; all vessel paint and body work; and major engine work or overhaul, shall all be considered marine-related industrial activity.”
The draft “Article 4, Table 3, Building Function Uses” lists “Marine Related” under “Industrial” as “Allowed by Right (R)” for both D1 and D2.  The draft “Article 6, Table Supplemental Regulations page 16 states under D1 only, “Container Yards and any facilities for the outdoor storage, stacking and processing of containers intended for shipment.  Permissible only by Exception.”  Under D2 the Container Yards section is blank.  Therefore the draft the aforementioned section of the draft Article 6: Supplemental Regulations” seems to be inconsistent with the referenced sections of the draft Articles 1 & 4.
 
UIWG Chair Murley noted the revised draft Miami 21 essentially incorporates almost all of the MRC’s recommendations, as stated in the MRC’s September 10, 2007 meeting minutes and subsequent related letters, with two exceptions: exempting D1 and D2 from the building setback from the riverfront and not allowing building heights within the historically designated Spring Garden neighborhood taller than what is currently allowed.  Therefore UIWG Chair Murley recommended the MRC find the revised draft Miami 21 to be consistent with the Miami River Corridor Urban Infill Plan, subject to the MRC’s remaining previous conditions to exempt D1 and D2 from the building setback from the riverfront, not allowing building heights within the historically designated Spring Garden neighborhood taller than the currently allowed 50 feet, in addition to the following additional conditions on the new draft Miami 21: 

• Amend the note in the new Riverwalk Cross Sections to read: “As depicted the 4’ wide Safety Zone may have one foot of paving matching the minimum 15 foot wide Circulation Zone”.  Removing one foot from the designated “safety zone” and adding it to the “circulation zone”, would make the note consistent with the related rendition circulation zone’s unobstructed pathway vary from 15 - 16 feet wide, rather than a 14-15 feet wide unobstructed path.
• Provide the City Charter waterfront building setback formula (currently only applies east of the NW 5 ST Bridge) on a riverwide basis for parcel’s less than 200 feet wide from the waterfront to the property boundary to provide a waterfront building setback equal to 25% of the parcel’s width from shoreline to sidewalk (draft Article 3 Section 3.12 “Waterfront Standards”)
• Measure waterfront setbacks from the shoreline, rather than the property boundary which varies in distance from the actual shoreline 
• Not allowing building heights greater than what is currently allowed on the R1 single family residential riverfront parcels within the low density neighborhoods of Grove Park (estimated 10 homes along South River Drive from I-836 to the NW 17 Ave Bridge), Durham Park (estimated 14 homes along South River Drive from 22 Ave to the South Fork) and River Park (estimated 8 homes along North River Drive / NW 18 Terrace from NW 25 Ave to NW 27 Ave)
• City administration and consultants suggesting proposed zones for all parcels before the revised draft citywide Miami 21 is considered by the City Commission
• Allowing the number of cargo containers which may be stacked to be no less than what is currently allowed (draft Miami 21 Article 6, page 16 states, “No more than three containers shall be stacked vertically”)
• Removing new proposed time restrictions regarding crane operating hours (draft Miami 21 Article 6, page 16 states, “All crane operations are limited to daylight hours between 8 am and 6 pm”)
• Inserting compliance with the Federal Maritime Security Act (MTSA) requirements takes precedent regarding Port facilities
• Article 6, page 16, inserting “Container Yards” as an allowable use in D2 in addition to D1, which is the only district currently allowing container yards
• Inserting “Marine Related / Industrial” as defined in the draft “Miami 21 Article 1” and included in the draft “Article 4, Table 3, Building Function Uses” as “Allowed by Right” including but not limited to shipping, boatyards, marinas, commercial fishing, container yards and tug boat basins, into the allowable uses listed in the draft Article 6 under D1 & D2.
• Allowing any current marine industrial (SD-4) businesses, including but not limited to shipping, boatyards, marinas, commercial fishing, container yards and tug boat basins, to be legal uses within the proposed D1 or D2.

C. Status of the “Upper River/MIC Associated Development” Planning Process- discussion was deferred to the UIWG’s April meeting.

II. New Business - The meeting adjourned.

I. Planning Studies/Presentations

A. City of Miami Administration’s Revised 2nd Draft Non-EAR Recommended Amendments to Port of Miami River Sub-element in the Neighborhood Comprehensive Plan - Chair Jim Murley welcomed Mr. Harold Ruck, City of Miami Planning Department, whom distributed and reviewed a new 2nd draft set of City Administration proposed non-EAR recommended amendments to the Port of Miami River Sub-element.  Mr. Ruck noted the aforementioned draft amendment repeals the Port of Miami River’s current language in its entirety, and inserts the following new text under the revised title “Miami River”:

• Goal PA-3: “The City of Miami shall within three years of the adoption of this goal prepare a Miami River Sub-Element to the Coastal Management Element of the Miami Comprehensive Neighborhood Plan that lays out goals, objectives and policies along the Miami River that reflect the interests of the neighborhoods, the marine interest community, and the City.”
• Objective PA-3.1: “The element shall be prepared through the collaboration of the appropriate City departments with a variety of stakeholders, including, but not limited to, representatives of neighborhood groups, marine interests, environmental groups, and the Miami River Commission.”

Mr. Richard Dubin, Miami River Marine Group, noted the proposed deletion of the entire Port of Miami River Sub-element is unacceptable.  Mr. Munir Mourra, River Terminal Services, stated his international shipping terminal is located in the middle river, and noted the proposed amendments leave marine-related business owners in a state of limbo, without any sort of protection.  Mr. Mourra stated although the City administration claims they are proposing this 2nd draft amendment to clarify the section for the courts, replacing the “Port of Miami River” subelement with a “Miami River” element, which only establishes a three year planning process is more confusing and less specific.  Mr. Mourra asked if the current Port of Miami River subelement is repealed, how will the Port of Miami River businesses be protected.  Mr. Ruck assured that the language will encompass all marine-related businesses, and added that the City will incorporate the ideas/comments of all stakeholders.  Dr. Fran Bohnsack recommended that the proposed language be rejected outright.  Ms. Helen Brown, Miami-Dade County Planning & Zoning, asked if the Miami River Sub-element will be included in the Transportation Section of the Comprehensive Plan, or if it is intended to be a stand-alone item, and Mr. Ruck replied that it is an optional, stand-alone sub-element within the Ports and Aviation element.  Ms. Brown noted Miami-Dade County’s Comprehensive Plan contains a Port of Miami River subelement within the Transportation section.  UIWG Chair Murley explained both the City of Miami and Miami-Dade County share some level of jurisdiction over the Port of Miami River, therefore deleting the Port of Miami River subelement from the City’s Comprehensive Plan would create a problematic disconnect between the City and County’s Comprehensive Plans dealing with the historic Port of Miami River.  UIWG Chair Murley added the Port of Miami River receives federal funding for Homeland Security, dredging, and is included in the State’s Strategic Intermodal Transportation (SIS) Plan, therefore deleting the Port of Miami River sub-element may jeopardize future federal and state funding for the Port of Miami River.  Mr. Ruck stated the City administration is proposing the repeal to the Port of Miami River sub element in response to the three decisions of the 3rd District Court of Appeals.  Ms. Brown asked for the timeline for the City to file the proposed amendment.  Mr. Ruck replied the Non-EAR recommended amendments will be presented to the City of Miami Planning Advisory Board on April 16 and the City administration will seek a waiver to expedite the City Commission considering the Non-Ear recommended amendments in May. Mr. Ruck stated the separate EAR recommended amendments will be presented to the Planning Advisory Board on March 31, Miami City Commission first reading on April 24 and second reading on July 24.

MRC Vice Chair Everingham asked if the City administration would consider inserting their proposed new text, yet keep the existing text until the new text is created to replace the current text, in order to avoid creating a vacuum during the estimated three year period to create the potential new text.  Mr. Bunnell concurred, noting after the City participated in the 2 year planning process to create the Miami River Corridor Urban Infill Plan, they never placed it before the City Commission to consider adopting it.  Mr. Ruck replied no, because leaving the current text leads to misinterpretations.  Mr. Ruck stated a section of the Coastal Management element of the Comprehensive Plan still seeks preservation of water dependent uses.  UIWG Chair Murley replied water dependent uses maybe a restaurant with temporary recreational boast access, like Finnegan’s River Restaurant which is zoned Marine Industrial (SD-4), yet the Port of Miami River uses are only covered in the Port of Miami River subelement.

Mr. Rafael Suarez-Rivas, City of Miami Law Department, stated he didn’t want to comment on the City’s ongoing river-related litigation.  UIWG Chair Murley noted the MRC was seeking clarification on the proposed 2nd draft non-EAR recommended amendments to the Port of Miami Miami River Sub-element of the Comprehensive Plan.  UIWG Chair Murley stated the idea of creating the EAR is for community input on the Plan for the City’s future, and everyone tries to maximize their position within the Plan.  UIWG Chair Murley distributed the March 18, 2008 letter he suggested MRC Chairman Eric Buermann mail Mayor Manny Diaz, in which he recommends convening a meeting regarding the City administration’s draft Non-Ear recommended amendments to the Port of Miami River sub-element in the City’s Comprehensive Plan, prior to its further consideration.

Mr. Suarez-Rivas stated the Sub-element, which he noted was optional, was piggy-backed from the Miami-Dade County Comprehensive Plan’s Port of Miami River sub-element.  Mr. Suarez-Rivas explained that, when left with limited avenues of judicial and legislative relief, it was not uncommon for a governmental body to take measures in clarifying comprehensive plan language following court interpretations.  Mr. Suarez-Rivas added the City administration was proposing new Miami River sub-element language in recognition of the series of recent court rulings involving the Miami River, and had nothing to do with the marine industry.  UIWG Chair Murley replied generally a law is kept in place until replaced with a new law, in order to avoid creating a vacuum if the existing law is deleted before the new law is authored and adopted.

UIWG Chair Murley stated the Miami River Commission was created by the Florida legislature in 1998, serves as an advisory board and wants to find common ground or avenues for consensus.  UIWG Chair Murley cited the Florida legislature’s 2005 adoption of the Working Waterfronts legislation to protect the marine industry, which generates significant jobs and businesses. UIWG Chair Murley recommended the MRC recommend denial and find the presented 2nd draft non-EAR recommended amendments to the Port of Miami River sub-element of the City’s adopted Comprehensive Plan to be inconsistent with the Miami River Corridor Urban Infill Plan.  UIWG Chair Murley added deleting the existing Port of Miami River sub element while the stakeholders work on drafting a new sub-element would create a vacuum, therefore recommended bringing everyone together to meet, plan and try to reach consensus, while keeping the current Port of Miami River sub-element intact.  Chair Murley encouraged continued discussion among Miami River stakeholders to achieve this goal.  Mr. Suarez-Rivas noted the proposed language is intended to avoid future misunderstandings/misinterpretations, and stressed that the City does not have any ill will against the river’s marine industries.  Ms. Brown commented that the proposed language of PA-3.1 mentions that the element would be prepared in collaboration with city administration and various river stakeholders, similar to the methods used during the two year public planning process to create the Miami River Corridor Urban Infill Plan, therefore why is the City proposing to repeat the same planning process.  UIWG Chair Murley replied the Miami River Corridor Urban Infill Plan built on the foundation of the City’s adopted 1991 Miami River Master Plan, and any potential future planning on the Miami River will build on previous River Plans, including the Miami River Corridor Urban Infill Plan.  Mr. Ruck agreed and added the City administration’s proposed three year process to create a new Miami River sub-element will incorporate and add on to the goals and objectives set forth in the Miami River Corridor Urban Infill Plan.   Mr. Orin Black, Marylin Properties, asked when and how the City’s proposed 3 year planning process with Miami River stakeholders would be initiated by the City and move forward, and Mr. Ruck replied the process has yet to be established.  Mr. Black asked if there was any indication of what uses the potential new sub-element would include, and Mr. Ruck replied that would be determined during the proposed three year planning process, which would seek to reach consensus.  Mr. Black replied deleting the existing Port of Miami River sub-element before any new idea on the process or result of the to be determined process is alarming.  Mr. Dubin stated he would not object to a compromise of the new text regarding the three year process being inserted into the Comprehensive Plan, and working through the three year process, with the current Port of Miami River sub-element staying in place.

UIWG Chair Murley noted the proposed deletion of the Port of Miami River sub-element is subject to the same appeals & litigation that the City is currently undergoing, and Mr. Rivas-Suarez replied that the City of Miami has never shyed away from litigation.  Mr. Rivas Suarez stated the City of Miami has asked for a rehearing of three cases, yet the Courts have not replied. Mr. Rivas-Suarez noted that although the proposed Miami River sub-element amendment may or may not be adopted, the City remains mindful of coastal elements and working waterfronts.

B. Miami River Marine Group’s Presentation Regarding Their Recommended Amendments to the City of Miami Neighborhood Comprehensive Plan’s Port of Miami River and Coastal Management Sub-elements – UIWG Chair Murley welcomed Mr. Andrew Dickman, legal council for the Miami River Marine Group, whom distributed and reviewed the following documents:

• Text Amendments to the Port of Miami River sub-element (March 24, 2008)
• January 31, 2006 letter from U.S. Coast Guard Captain, Captain of the Port, James Maes to Ms Ana Gelabert-Sanchez, City of Miami Director of Planning
• Excerpts from Miami Comprehensive Neighborhood Plan Goals, Objectives, Policies, February 28, 2008-Draft
• City of Miami’s Port of Miami River Sub-element, Non-Ear based amendments
• April 16, 2008 Planning fact Sheet for Non-Ear based amendments, which Mr. Dickman noted had been provided to him via a Miami Today reporter during a routine review of public records request
• March 24, 2008 letter from Mr. Dickman to Ms. Arva Parks, Chair of the City of Miami Planning Advisory Board

The following is an excerpt of the MRMG’s 3/24/08 distributed summary and proposed amendments to the Comprehensive Plan:
“Miami River Commission Urban Infill Working Group
Text Amendments to the Port of Miami River sub-element (March 24, 2008)
Comments from: Miami River Marine Group, Inc.

•  What is the Port of Miami River and where is it?  Because the “Port of Miami River" is a shallow draft “riverine port,” not a port authority controlled by a single entity, the Port of Miami River name must be defined in the comprehensive plan.  This can be done by amending the text in Goal PA-3 and removing the footnote, or by modifying the footnote and Goal PA-3.  The Port of Miami River consists of all the water-dependent and water-related marine uses in the “Industrial” land use designation and “SD-4” zoning along the banks of the Miami River.  This is supported by data, analysis, and the legal interpretation by the Third District Court of Appeals.
• All development and planning decisions.  The phrase “through land development regulations” has been argued to mean that these policies that protect the Port of Miami River from encroachment of incompatible uses and encourages its expansion, only apply to zoning decisions; not future land use map amendments.  Thus, a change from Industrial land use to Restrict Commercial land use would allow 150 dwelling units to the acre where a water-dependent marine use existed.  And some would argue that we cannot challenge that land use amendment as being inconsistent with the Sub-element’s policies that contain the phrase “through land development regulations.”  Removing this phrase makes it clear that the policies are meant to protect the Port of Miami River, and encourage its growth, whether it be zoning or land use.  (PA-3.1, PA-3.1.2, and PA-3.1.3)
• Coordination with stakeholders.  In PA-3.3, the phrase “those of ports facilities providers and regulators...” is unclear.  The Miami River Commission is legally established the primary policy organization for the River and should be added.  For over 16 years, the Miami River Marine Group has advocated for the marine industry on the River, and the Coast Guard has utilized the MRMG as the “port director” for homeland security and other regulatory purposes.  Both organizations must be added to this “coordination” goal.  (See attached letter from Captain James Maes, U.S. Coast Guard, Captain of the Port)
• Water-dependent and water-related uses in the coastal areas.  The Coastal Management and Future Land Use elements are to be internally consistent.  The Port of Miami River is within the Coastal Area.  CM-3, CM-3.1, and CM-3.1.1 specifically place an emphasis on preservation of lands used for water-dependent and water-related uses.  New Federal and State legislation shine a light on the problem caused by over development of waterfronts, particularly working waterfronts.  Allowing high density residential on a property or even next to a property that is a working waterfront will increase that property’s taxes, cause compatibility problems, and ultimately shut down the working waterfront.  These CM policies must be in the comprehensive plan to be consistent with intent of these state and federal laws and to be eligible to use the programs they offer. (See also PA-3.1.1).
• Direct new industrial development into existing industrial districts.  The Sub-element refers to consistency with the Coastal Management and Conservation elements of the comprehensive plan.  Because the Port of Miami River is the Industrial lands on the riverfront, we suggest adding that reference to the Subelement, and adding a new policy to the Future Land Use Element which promotes the Goal of commercial and industrial redevelopment into districts that are already designated so.  (PA-3.1.2, LU-1.3.3)(See Objective LU-1.3: “The City will continue to encourage commercial, office and industrial development within existing commercial, office and industrial areas…”).

PORT OF MIAMI RIVER [1]
Goal PA-3: The Port of Miami River, a group of privately owned and operated commercial shipping companies located at specific sites along the Miami River, shall be encouraged to continue operation as a valued and economically viable component of the city's maritime industrial base.

Objective PA-3.1: The City of Miami, through its Land development regulations, shall help
protect the Port of Miami River from encroachment by non water-dependent or water-related land
uses, and shall regulate its expansion and redevelopment in coordination with the City's
applicable coastal management and conservation plans and policies.

Policy PA-3.1.1: The City shall use its land development regulations to encourage the establishment and maintenance of water-dependent and water-related uses along the banks of the Miami River, and to discourage encroachment by incompatible uses.

Policy PA-3.1.2: The City shall, through its land development regulations, encourage the development and expansion of the Port of Miami River consistent with the future land use, coastal management and conservation elements of the City's Comprehensive Plan.

Policy PA-3.1.3: The City shall, through its land development regulations, encourage development of only compatible land uses in the vicinity of the Port of Miami River so as to mitigate potential adverse impacts arising from development of the Port of Miami River upon adjacent natural resources and land uses.

Objective PA-3.2: The City of Miami shall coordinate the surface transportation access to the
Port of Miami River with the traffic and mass transit system shown on the traffic circulation map series.
Policy PA-3.2.1: The City of Miami shall, through the Transportation Element of the Comprehensive Plan,
coordinate intermodal surface and water transportation access serving the Port of Miami River.

Policy PA-3.2.1: The City of Miami shall, through the Transportation Element of the Comprehensive Plan,
coordinate intermodal surface and water transportation access serving the Port of Miami River.

Objective PA-3.3: The City of Miami shall coordinate its Port of Miami River planning activities with those of ports facilities providers and regulators including the U.S. Corps of Engineers, U.S. Coast Guard, Miami-Dade County's, Port of Miami, Miami River Marine Group, Inc., and the Miami River Commission established by Florida Statute 163.06 as the official clearinghouse for public policy and projects related to the Miami River.

Policy PA-3.3.1: The City of Miami, through its Intergovernmental Coordination Policies, shall support the
functions of the Port of Miami River consistent with the future goals and objectives of the Comprehensive Plan, particularly with respect to the unique characteristics of the Port of Miami River's location and its economic position and functioning within the local maritime industry, and the necessity for coordination of these characteristics and needs with the maritime industry that complements, and often competes with, the Port of Miami River.

[1] The "Port of Miami River" is simply a shallow draft riverine port consisting of legal name used to
identify some 14 independent, privately-owned small shipping companies and other water-dependent and water-related entities and properties located along the banks of the Miami River. The Port of Miami River is, and is not a "Port Facility" within the usual legal meaning of the term. The identification of these shipping concerns properties as the "Port of Miami River" was made in 1986 for the sole purpose of satisfying a U.S. Coast Guard regulation governing bilge pump outs. The geographic boundaries of the Port of Miami River in the City are depicted as “Industrial” riverfront lands on the Future Land Use Map and “SD-4” on the official zoning atlas for the City.

* * *
COASTAL MANAGEMENT
* * *

Goal CM-3: Provide an adequate supply of land for water dependent uses.

Objective CM-3.1: Allow no net loss of acreage devoted to water dependent usesin the
coastal area of the City of Miami.

Policy CM-3.1.1: Future land use and development regulations will encourage water dependent uses
along the shoreline.

* * *
FUTURE LAND USE

Policy LU-1.3.3: The City shall encourage development of water-dependent and water-related
commercial and industrial uses on the Miami River within existing districts designated Industrialon
the Future Land Use Map, consistent with the Port of Miami River Subelement, and Coastal
Management Element.”

Mr. Dickman noted the three amendments proposed in the Coastal Management element are now verbatim sections which were deleted from the Comprehensive Plan in 2004 without the MRC or MRMG being notified.  Mr. Dickman requested that the UIWG support the Miami River Marine Group’s proposed recommendations and recommend that the City refrain from taking any action on the Port of Miami River Sub-element until all Non-Ear based versions and data analysis have been obtained and consensus has been achieved. 
 
Mr. Suarez-Rivas replied the comments provided by the MRC, a state created agency, will be considered, yet the MRMG is not a quasi-public entity operating under the sunshine law, etc.  Mr. Suarez-Rivas stated the City of Miami and Miami-Dade County share jurisdiction of the Miami River, and therefore wanted to know why the MRMG’s proposed amendments had not been directed to the county, as well.  Mr. Dickman replied that only the City administration is proposing a repeal of the City’s Port of Miami River sub-element. Mr. Dickman noted the MRMG would like to have uniformity between the City and County in regards to the Port of Miami River sub-element.  Mr. Dickman stated although the City’s 2nd draft non-EAR based amendments were prepared by the City administration before the Planning Advisory Board’s March 19, 2008, they were not released and made available to the Planning Advisory Board or the public until after the meeting.  Mr. Dickman added as a compromise the three year planning process would be more acceptable, if the current Port of Miami River sub-element isn’t repealed now.  Mr. Dickman stated Mr. Rivas Suarez’ statement that the Port of Miami River is an optional sub-element is irrelevant, considering the Port of Miami River is tied with Tampa as the 4th largest port in the State of Florida and therefore should remain in the City’s Comprehensive Plan.  Mr. Dickman asked the MRC to support replacing the EAR based set of proposed amendments to the Port of Miami River sub-element with the MRMG’s proposed set of amendments.  Mr. Dickman stated the MRMG doesn’t want to file lawsuits yet is forced to do so in response to the depletion of marine industrial land use and zoning due to small scale amendments, and the current proposal to delete the entire Port of Miami River subelement.  Mr. Dickman stated the City has not provided any relevant factual data and analysis, as required by State law, to support their proposed deletion of the Port of Miami River subelement.   

UIWG Chair Murley stated he will not make a specific recommendation to the MRC regarding the MRMG’s proposed amendments to the Comprehensive Plan, beyond his previously stated recommendation for the City, County and stakeholders to conduct a planning process to reach consensus and address the numerous proposed versions before the non-EAR recommended amendments to the Port of Miami River sub-element are considered for adoption.  UIWG Chair Murley clarified the MRC’s previous recommendations on the EAR-recommended amendments to the Comprehensive Plan, including two conditions regarding the Port of Miami River sub-element, remain intact as re-established and stated in the MRC’s March 3, 2008 meeting minutes and subsequent letters to the Planning Advisory Board.

Dr. Bohnsack expressed she is disappointed that the UIWG is not recommending the MRC specifically support the MRMG’s proposed amendments to the Comprehensive Plan. Dr. Bohnsack noted she had asked MRC Chairman Buermann to include “Miami River Marine Group’s presentation Regarding their Recommended Amendments to the City of Miami Neighborhood Comprehensive Plan’s Port of Miami River and Coastal Management Sub-elements” on the MRC’s April 7 meeting agenda, noon, Robert King High new Board Room, 1407 NW 7 Street, and that Chairman Buermann had agreed.  MRC Vice Chairman Everingham concurred with MRC Chair Buermann’s decision to place the item requested by the MRMG on the MRC’s April 7, 2008 agenda.

C.  Review of 2004 City of Miami Comprehensive Plan Amendments Regarding Miami River - Mr. Bibeau distributed copies of the MRC document, “2004 Amendments to the City of Miami’s Adopted Comprehensive Neighborhood Plan, related to the Miami River Corridor, March 14, 2008.” UIWG Chair Murley stated he generally supported the Comprehensive Plan text regarding the Miami River which was deleted in 2004 without the MRC being notified in order to formulate an advisory recommendation on the amendments.  UIWG Chair Murley noted the 2005 EAR was based on the pre-2004 amended Comprehensive Plan, and like the EAR, the MRC thought the pre-2004 Comprehensive Plan was current until the recent discovery of the 2004 amendments, which are not reflected in the EAR.  Considering the previously approved amendments are not a currently active agenda item, UIWG Chair Murley recommended the UIWG advise the full MRC board during the April 7 publicly noticed meeting of the fact that the MRC wasn’t notified of these amendments to the Comprehensive Plan regarding the Miami River before they were adopted by the City Commission in 2004, therefore the MRC wasn’t provided an opportunity to formulate their advisory recommendation on the adopted 2004 amendments and would like to comment on them.

Ms. Lynn Summers suggested considering the significant tax payer funding and time invested in creating the Miami River Corridor Urban Infill Plan, the MRC should resubmit it to the City for adoption and use it as the template for creating appropriate amendments to the Comprehensive Plan.  Mr. Bibeau noted that although the UIP had received a favorable recommendation from the Planning Advisory Board, it’s recommended adoption was never placed on the City of Miami Commission meeting agenda.  Mr. Bunnell stated city administration had delayed placing the Miami River Corridor Urban Infill Plan on the City Commission agenda for consideration, as they were awaiting the completion of a $125,000 Miami River Economic Study.  Mr. Bunnell added after the City’s large favorable draft Miami River Economic Analysis was released, it was never presented to the City Commission.  Ms. Summers stated the EAR recommends creating an Economic Element of the Comprehensive Plan, which should include the Port of Miami River.  UIWG Chair Murley recommended the MRC resubmit the Miami River Corridor Urban Infill Plan to the City for adoption and to serve as the template for any potential future amendments regarding the Miami River in the Comprehensive Plan, and suggested the MRC recommend the City create an Economic Element of the Comprehensive Plan, as stated in the EAR, regarding the Port of Miami River.

D.  Review of Revised Draft Miami 21 - Mr. Bibeau noted the April 7 presentation before Miami City Commissioners of the draft Miami 21 has been deferred for a few months, to allow the consultants to perform mapping of all four quadrants.  UIWG Chair Murley asked MRC staff to invite the appropriate city staff to represent this item in April, and before the entire MRC in May.

The meeting adjourned.

I. Planning Studies/Presentations

A. Review of New Portions of City of Miami Administration’s Post 4/14/08 Draft EAR Recommended Amendments to the Neighborhood Comprehensive Plan - Chair Jim Murley welcomed Mr. Harold Ruck, City of Miami Planning Department, whom reported that on April 16, the City of Miami permanently withdrew the previous 2nd draft non-EAR based amendments to the Port of Miami River sub-element within the City’s Comprehensive Plan.  Mr. Ruck stated per the City Administration’s request the City’s Planning Advisory Board (PAB) approved deferring the EAR recommended amendments to the Comp. Plan to April 30, followed by the City Commission on May 8, in order for the Administration to create additional recommended amendments to the Port of Miami River sub-element, considering they had withdrawn their application to delete the sub-element. Mr. Ruck distributed and reviewed the City Administration’s newly proposed modified language to the “Port of Miami River” Sub-element, which is proposed to be renamed “Miami River”.  Mr. Ruck explained the PAB recommended April 16, 2008 draft EAR recommended amendments to the Comprehensive Plan are posted on the City’s website as backup for the PAB’s April 30, 2008 meeting, and during the meeting the administration will propose substituting the distributed draft “Miami River” sub-element for the existing “Port of Miami River” sub-element.

Mr. Brett Bibeau, MRC Managing Director, stated the city’s previously proposed Comprehensive Plan amendments regarding the Miami River, were presented to the Urban Infill Working Group on March 14 and March 24, of which the minutes were distributed. Mr. Bibeau added the Miami River Commission had formulated its advisory Recommendation regarding the City of Miami Administration’s Revised 2nd Draft of Non-EAR Recommended Amendments to the Port of Miami River Sub-element of the City of Miami’s Neighborhood Comprehensive Plan during the April 7 publicly noticed meeting, of which the minutes were distributed.  Mr. Bibeau referenced the MRC’s April 16 recommendation letter to the PAB regarding the city’s proposed EAR Recommended Amendments to the Port of Miami River Sub-element, and the letter was distributed.  MRC staff distributed a document entitled, “Excerpts of City of Miami Comprehensive Neighborhood Plan Regarding Residential along the Miami River, April 22, 2008” which lists dozens of sections of the Comprehensive Plan encouraging residential uses along the Miami River, and noted the only section protecting the marine industrial component of the mixed use Miami River is entitled “Port of Miami River”.

Chair Murley noted the “Port of Miami River” sub-element title is considerably clearer than the city’s proposed “Miami River” title.  Mr. Rafael Suarez-Rivas, City of Miami Law Department, stated the modified title is aimed at avoiding miscommunication regarding port facilities, and added that the Port of Miami is actually owned and operated by Miami-Dade County, and the City of Miami is not allowed to run a Port.  Mr. Andrew Dickman, legal council for the Miami River Marine Group, asked if this observation had been derived from “data and analysis,” and Mr. Suarez-Rivas replied he had conducted that research to illustrate differences between the Port of Miami and the Port of Miami River.  Mr. Dickman asked Mr. Suarez-Rivas to forward him copies of such researched data and analysis, which he added had previously been repeatedly requested.

UIWG Chair Murley asked if the City has met with County representatives to determine if the proposed modified amendments are conducive to the Miami River, and Ms. Helen Brown, Miami-Dade County Department of Planning & Zoning, replied that the City has yet to engage the County to review the proposed recommendations to the “Port of Miami River” sub-element.  Ms. Brown stated the County’s Planning Department has expressed concern with some of the different draft amendments proposed by the City administration regarding the Port of Miami River, which contradict the County’s Comp Plan text regarding the Port of Miami River.  Chair Murley noted the importance of seeking the County’s involvement and to have consistent text regarding the Port of Miami River in the City and County’s respective Comprehensive Plans.  Ms. Brown stated the County Planning Department would be happy to do so at the City’s request.  Ms. Brown asked if a track changed version was available for the City Administration’s distributed proposed 3rd draft substitution for the “Port of Miami River” sub-element, and Mr. Ruck agreed to provide MRC staff a track-changed version of the city’s proposed updated “Miami River” sub-element.

UIWG Chair Murley stated there is nothing new in the distributed City administration’s proposed replacement of the currently adopted “Port of Miami River” sub-element with the draft “Miami River” sub-element, therefore the MRC’s April 7, 2008 recommendation regarding the EAR recommended amendments to the Comprehensive Plan, as stated in the MRC’s re-distributed April 7, 2008 meeting minutes and April 16 letter to the PAB, remains the same.  UIWG Chair Murley again recommended the City commence a process with Miami River stakeholders and agencies, i.e. Miami-Dade County, to review the proposed modified language to the Port of Miami River sub-element in order to reach consensus and consistency with the County’s Comprehensive Plan regarding the Port of Miami River.

Mr. Robert Weinreb, City of Miami, asked which documents would be included in the “EAR package” for Miami City Commissioners in preparation of their May 8 meeting, and Mr. Ruck replied that would be determined by the PAB at the April 30 meeting.  Mr. Suarez-Rivas noted that different versions, one recommended by the PAB and a second version recommended by the administration, maybe considered by the City Commission.  Mr. Dickman replied St Law established the PAB as the City’s Land Planning Agency responsible for the EAR based amendments to the Comprehensive Plan, therefore only the PAB recommended amendments should be considered by the City Commission.

II. Miami River Marine Group’s Presentation of Additional New Recommendations Regarding the Evaluation Appraisal Report (EAR) Based Amendments to the City of Miami Comprehensive Neighborhood Plan - UIWG Chair Murley welcomed Mr. Andrew Dickman, legal counsel for the Miami River Marine Group (MRMG), whom distributed and reviewed the following additional MRMG recommended amendments to the Comprehensive Plan, in addition to the amendments previously presented by the MRMG and endorsed by the MRC on April 7.  Mr. Dickman stated the additional / new distributed MRMG amendments track change the differences between the April 14, 2008 EAR recommended amendments and the MRMG’s additional recommended changes:

1. “Policy LU-1.4.10: The City will continue to develop modifications to existing regulations with the intent of providing greater flexibility in the design and implementation of mixed use developments within the general Downtown area and particularly along the Downtown portion of the Miami River” (page 9) – Mr. Dickman stated this clarifies LU 1.4.10 encourages residential in Downtown and along the Downtown portion of the Miami River, not in the industrial sections of the Miami River.  Mr. Suarez-Rivas replied This recommendation is squarely at odds with the City of Miami’s intent to have mixed-use opportunities along the Miami River, and inconsistent with Ms. Arva Moore Parks’ book, “Home along the Miami River.”
2. “Objective LU-4-1:  The City shall within, and no later than, two years of the adoption of this goal add an Economic Element to the Miami Comprehensive Neighborhood Plan that lays out goals, objectives, and policies to provide an environment for sustained economic growth within the City, particularly with respect to those areas of economic activity characterized by higher paying jobs, while reducing the economic disparity that currently exists among City residents.  This Element shall be prepared through the collaboration of the appropriate City departments with a variety of stakeholders including, but not limited to, representatives of neighborhood groups, business and environmental groups, organizations involved in manpower development and training, the Miami River Commission and the Miami River Marine Group” (page 15).  Mr. Dickman noted on April 7 the MRC concurred the MRMG should be inserted into PA 3-3, and since they are recognized by the US Coast Guard as the Director of the Port of Miami River, the MRMG should be included in LU 4-1 as well.  Mr. Suarez-Rivas replied the City administration opposes inserting the Miami River Marine Group because they are not a public agency subject to the sunshine law, and have had an adversarial relationship with the City of Miami because of the three legal appeals they filed.
3. “Policy HO-2.1.4:  The City will continue to promote development of new, high quality, dense urban neighborhoods along the Miami River (in accordance with the 1992 Miami River Master Plan), in Central Brickell and in Southeast Overtown/Park West” (page 39).  Mr. Dickman stated there is no “Miami River Plan”, therefore the correct title of the 1992 Miami River Master Plan, which was adopted by the City Commission, should be inserted.
4. “Goal PA-3:  The Port of Miami River, which encompasses the water dependent marine activity on the river, including shipping and the associated supporting marine industries zoned SD-4 on the Miami River, shall be encouraged to continue operation as a valued and economically viable component of the city’s maritime industrial base” (page 67).  Mr. Dickman stated this recommendation is based on recent case language and need to clarify that the Port of Miami River sub-element only applies to the water dependent marine activity on the Miami River in sites zoned SD-4 marine industrial, not the entire Miami River.  Mr. Suarez-Rivas stated the proposal is too broad and the aforementioned cases are subject to a potential re-hearing, which the City has requested.
5. “Policy PA-3.1.3:  The City shall encourage development of compatible land uses in the vicinity of the Port of Miami River to address the avoid further depletion of land zoned for marine industrial use and to mitigate potential adverse impacts arising from the Port of Miami River upon adjacent natural resources and land uses” (page 68).  Mr. Dickman cited the numerous small scale land use and zoning amendments which have depleted the land zoned for marine industrial uses, therefore justifying their recommended amendment.  Mr. Suarez-Rivas replied the proposal would create de-facto land banking and a moratorium of residential development along the Miami River.
6. “Objective PA-3.3:  The City of Miami shall coordinate its Port of Miami River planning activities with those of port facilities providers and regulators including the U.S. Corps of Engineers, U.S. Coast Guard, the Miami River Commission, the Miami River Marine Group, Dade County’s Port of Miami, and Miami-Dade County” (page 68). Mr. Dickman noted on April 7 the MRC concurred the MRMG should be inserted into PA 3-3, and since they are recognized by the US Coast Guard as the Director of the Port of Miami River, the MRMG should be included in LU 4-1 as well.  Mr. Suarez-Rivas replied the City administration opposes inserting the Miami River Marine Group because they are not a public agency subject to the sunshine law and have had an adversarial relationship with the City of Miami because of the three legal appeals they filed.  Mr. Suarez-Rivas stated he has no opposition to the MRMG’s proposal to insert “Miami-Dade County”, although he feels it is redundant considering “Dade County’s Port of Miami” is already listed in PA 3.3.

Mr. Dickman noted the MRMG’s proposed clarifying amendments to the City’s Comprehensive Plan are consistent with Miami-Dade County’s Comprehensive Plan, and asked for the MRC to endorse these additional MRMG recommended amendments.  Mr. Dickman stated the MRMG is considering developing language to recommend during the PAB on April 30 that city administration, within three years, bring all stakeholders together to create a “Port of Miami River” sub-element consistent with the County’s Comprehensive Plan, yet that specific potential amendment is not before the UIWG at this time.

Mr. Bibeau noted the MRC adopted a resolution reflected in the distributed MRC’s April 7 meeting minutes and April 16 letter to the PAB, to support the Miami River Marine Group’s previously proposed text amendments to the City of Miami’s Comprehensive Plan. Mr. Bibeau added today was the first time the MRMG had presented their aforementioned 6 new additional proposed amendments to the Comprehensive Plan.

UIWG Chair Murley stated consistent with the first set of MRMG proposed amendments to the Comprehensive Plan, he was not going to make a recommendation on whether or not the MRC should endorse the new additional MRMG recommended amendments during their May 5 meeting.  UIWG Chair Murley reiterated the importance of establishing a full fledged attempt to bring all Miami River stakeholders and agencies, i.e. Miami-Dade County, together to review all proposed modified language to the Port of Miami River Sub-element in order to reach consensus and consistency between the County’s Comp Plan sections regarding the Port of Miami River and the City’s Comprehensive Plan.

The meeting adjourned.

I. Projects

A. Harborside Miami, a Mixed-Use Marine Destination, 200 SW North River Drive- Mr. Brett Bibeau, MRC Managing Director, noted MRC staff had received an email from Mr. Peter Swartz indicating that he is still working with the design team, and would advise when the proposed plans are ready for presentation.

B. Island Cargo Systems Shoreline Improvements, 3301, 3315 and 3333 NW South River Drive - Chair Murley welcomed Mr. Adrian Lyew-Ayee, Coastal Systems International Inc., whom distributed and reviewed the following documents regarding Island Cargo Systems: site aerial featuring page 43 of the Miami River Corridor Urban Infill Plan which states the subject area is within the area recommended for marine industrial businesses, Proposed Design, and Proposed Design & Navigation Impact.  Mr. Lyew-Ayee pointed out on an enlarged location map three parcels which South River Drive, LLC owns along the Miami River.  Mr. Lyew-Ayee noted two of the three parcels are active shipping terminals with warehouses/buildings on site. Mr. Lyew-Ayee provided the following brief overview of proposed enhancements for the currently vacant third parcel:

1. Parcel located in unincorporated Miami-Dade County and currently zoned Industrial
2. Enhancements include: shoreline stabilization through excavation of upland (i.e. dredging to -15 feet below water level) to optimize mooring of vessels and create an efficient riverfront shipping business; proposed dredging depth consistent with U.S. Army Corps of Engineers’ national geodetic vertical datum (NGVD)
3. Seeking overall, improved cargo storage and loading/unloading of vessels via the creation of an efficient roll-on/roll-off facility
4. Removal of 2,000-3,000 cubic yards at upland; proposed dredging of river bottom will benefit the environment by removing contaminated sediments
5. Maximum proposed vessel length at the site is 250 feet
6. Met with U.S. Coast Guard to discuss potential navigational impacts of proposed project; the perpendicular width of the proposed 250-foot vessel docked at the existing shoreline would create 28.6 feet of navigational encroachment, compared to neighboring parcels illustrated in the Proposed Design & Navigation Impact Map which generate between 29.3-67.7 feet of encroachment; therefore no net adverse impacts to navigation
7. Mr. Lyew-Ayee noted the proposed enhancements are consistent with the Urban Infill Plan’s “Proposed Upper River Waterfront Industrial Overlay District” (#35, page 43), as they support the creation of marine-industrial riverfront businesses and compliment transportation initiatives along the Miami River

Questions/Comments

1. UIWG Chair Murley asked for the status of the proposed project’s applications, and Mr. Lyew-Ayee replied that permit applications were submitted in February to the USACE, Department of Environmental Protection, and Miami-Dade County Department of Environmental Resources Management. Mr. Lyew-Ayee stated a Class I permit has been submitted to the County for excavation and shoreline stabilization; Mr. Lyew-Ayee added the proposed project has received favorable feedback/comments from DERM and FDEP, and Coastal Systems Int’l plans to submit their responses back to DERM and FDEP within the next couple of weeks; Mr. Lyew-Ayee is hoping to receive permits by late summer or early fall; Mr. Lyew-Ayee added he had shared with DERM numerous aerials/historical documents illustrating vessels docked at the subject property
2. UIWG Chair Murley asked if any plans are proposed for the remaining upland sites, and Mr. Lyew-Ayee replied the two parcels continue to operate as a shipping terminal.  Mr. Lyew-Ayee added that when the proposed project on the third parcel is initiated, the buildings/warehouses on the aforementioned sites may serve as temporary cargo storage facilities
3. Ms. Alma Llinas, Keyes Commercial, noted it was her understanding that the proposed excavation will allow a 250-foot vessel to be located within the property, and asked if the owners had considered docking more than one vessel at the site. Mr. Lyew-Ayee replied the current, proposed plan only accommodates 1 vessel within the 250-foot footprint in an effort to avoid potential hazards to navigation
4. Mr. Bibeau asked if the 28.6 feet of the vessel which extends in the river beyond the proposed pulled back shoreline, as illustrated in the “Proposed Design & Navigation Impact” rendition, is located within the federal navigable channel, and Mr. Lyew-Ayee replied that only 15 (maximum) of the 28.6 feet is located within the federal navigable channel
5. Dr. Ernie Martin, Chair of the MRC’s Greenways Subcommittee, asked Mr. Bibeau to clarify the location of the Miami River Greenway when it reaches the subject parcel/area. Mr. Bibeau noted an on-road greenway would be constructed in front of the subject property, which would then proceed along South River Drive and turn left into the Palmer Lake area
6. Mr. Bibeau asked if Mr. Lyew-Ayee was familiar with Miami-Dade County’s Tamiami Swing Bridge “Project Development and Environment Study” (PD&E) currently being conducted by EAC Consulting, and Mr. Lyew-Ayee replied no.  Mr. Bibeau suggested that Island Cargo Systems support the MRC’s recommendation which-aside from requesting the replacement of the Tamiami Canal Swing Bridge, relocating and utilizing it as a pedestrian bridge over the South Fork for the Fern Isle Park extension, - recommends denial of the option featuring a median with raised curbs, which would prohibit trucks heading south on South River Drive from turning left when leaving the terminal or taking a left into Island Cargo Systems’ terminal
7. UIWG Chair Murley stated the proposed plans seem to be in order, yet noted the absence of members of the marine industry to evaluate navigational issues
8. Mr. Bibeau asked if any communication had occurred between Captain Beau Payne and the property owner Mr. Harvey Sasso, and Mr. Lyew-Ayee noted they had been trading voice mails

UIWG Chair Murley stated the proposed improvement to the new international shipping enhances the visions of the Miami River Corridor Urban Infill Plan.  UIWG Chair Murley recommended the MRC find the Island Cargo Systems’ proposed shoreline improvements consistent with the Miami River Corridor Urban Infill Plan, subject to the Miami River’s marine industry and US Coast Guard confirmation that it improves navigation.  Mr. Bibeau noted the MRC June 2 meeting will be held at noon, Robert King High, 1407 NW 7 Street, and kindly asked Mr. Lyew-Ayee to provide MRC staff with copies of the proposed plans before Thursday, May 22, so that staff could mail all board members and designees copies of the presentation one week prior to the June 2 meeting.  Mr. Lyew-Ayee agreed to provide 40 copies of the proposed plans.

II. Planning Studies/Presentations 

A. Discussion of Miami-Dade County Climate Change Advisory Task Force Initial Recommendations - UIWG Chair Murley noted Ms. Nicole Hefty, Miami-Dade County, whom had been scheduled to provide a presentation regarding the county’s Climate Change Advisory Task Force and its recommendations/initiatives, had been redirected to attend another meeting. UIWG Chair Murley therefore agreed to provide the following brief overview of the task force:

1. Miami-Dade County Climate Change Advisory Task Force is chaired by Miami-Dade County Clerk Harvey Ruvin; UIWG Chair Murley was appointed to the task force by Chairman Bruno Barreiro, and serves as the Vice-Chair
2. Aims to implement climate change initiatives to reduce emission of greenhouse gases; recommendations were presented to Board of County Commissioners on April 22, 2008
3. Miami River represents development pattern that best suites greenhouse emissions; county does not foresee problems with river’s international shipping effecting air quality
4. Supports green building recommendations
5. In process of composing recommendations to address rising sea levels and public infrastructure (www.architecture2030.org contains pictures of rising sea levels)
6. www.flclimatechange.us features six technical working groups (final report submitted to Governor in October 2008); Legislature recently passed Energy Bill, which created an Energy & Climate Change Committee

Per the request of UIWG Chair Murley, Ms. Ashley Chase, Assistant Managing Director, agreed to obtain a full report and set of appendices from Ms. Hefty, and request that MRC staff be added to the email list to be advised of future task force meetings, which UIWG Chair Murley are open to the public.  The UIWG concurred that this item is worth monitoring, and agreed to invite Ms. Hefty to next month’s meeting.  Mr. Bibeau stated MRC staff will also present an update on efforts to become generally consistent with the Governor’s Executive orders regarding climate change.

III. New Business - The following items were addressed/discussed

• Mr. Bibeau noted he had currently met with representatives from Cambridge Systems, contracted by the Florida Department of Transportation (FDOT) representatives to create a waterway transportation plan. Mr. Bibeau noted the Miami River will be included in the plan, along with short sea shipping, waterborne transportation, MIC initiatives, etc.  Mr. Bibeau noted the SIS is updated every 5 years, and FDOT will be launching this process later this year. Mr. Bibeau stated the definition of a shallow draft port is less than 12 feet, and the Miami River’s federal navigable channel is 15 feet deep, therefore not a deep draft port yet to deep to meet the SIS 12’ deep definition of a shallow draft port.  Mr. Bibeau suggested requesting that this definition be amended in order for the Miami River’s 15 foot deep federal navigable channel to rightfully be defined as the shallow draft port it is.

The meeting adjourned.

I. Projects

A. Harborside Miami, a Mixed-Use Marine Destination, 200 SW North River Drive - Ms. Ashley Chase, MRC Assistant Managing Director, noted the potential developer Peter Swartz, whom had requested the new proposal be presented to the UIWG and MRC, had deferred the item.

II. Planning Studies/Presentations 

A. Discussion of Miami-Dade County Climate Change Advisory Task Force Initial Recommendations - UIWG Chair Murley welcomed Ms. Nichole Hefty, Miami-Dade County, whom distributed and reviewed the following document: “Miami-Dade County Climate Change Advisory Task Force’s Second Report and Initial Recommendations Presented to the Miami-Dade Board of County Commissioners, April 2008.” Ms. Hefty noted the report’s recommendations emerged from meetings of the Climate Change Advisory Task Force’s various subcommittees aimed at addressing energy conservation and potential climate change impacts as well as the long-range planning for sustainable solutions.  Ms. Hefty added the report was presented and accepted by the Board of County Commissioners on April 22, 2008. Ms. Hefty noted the Task Force was created by ordinance in April 2006 and is composed of 25 members, appointed by the Mayor, Manager and Board of County Commissioners, as well as volunteers and stakeholders, such as FP & L. Ms. Hefty added that Mr. Harvey Ruvin and Mr. Jim Murley serve as Chair and Vice Chair, respectively. In order to better compartmentalize its initiatives, Ms. Hefty noted the Task Force created the following seven different subcommittees:

1. Steering: Composed of Chair and Vice Char
2. Science: Provides Task Force with scientific assessment of the magnitude and timing of expected climate change impacts to Miami-Dade County, i.e. human-induced global warming, rising sea levels, temperature patterns, etc.
3. Greenhouse Gas Reduction: Tasked with identifying and promoting ways in which the county can further reduce its Greenhouse Gas emissions (GHG); energy conservation and transportation/fuel reduction, examining past and present sustainability initiatives
4. Built Environment Adaptation: Focuses on adaptation, rather than mitigation strategies; seawalls, raising infrastructure and private building retrofits
5. Natural Systems Adaptation: Based on the projected impacts of climate change to natural systems in Miami-Dade County; restoration of natural systems, development and implementation of monitoring, modeling and adaptive management approaches, and the establishment of climate change-related partnerships
6. Economic, Social and Health Adaptation: Developing a unified and comprehensive response to the challenges of climate change, such as coastal flooding and rising sea levels, through the collaboration of media, educational institutions
7. Intergovernmental Affairs: Mission involves working with a broad range of public, private, civic and non-profit organizations to identify opportunities for collaboration; engage and partner with the county’s municipalities in efforts to mitigate and adapt to climate change, engage local, regional and state agencies in a discussion about their activities related to climate change, educate and reach the general public

Ms. Hefty noted a Five-Year planning process will be initiated this summer to examine and identify ways to implement the subcommittee’s priorities and recommendations. Ms. Hefty noted the subcommittees’ meetings are open to the public. MRC Vice-Chair Phil Everingham asked how the Task Force’s recommendations would be implemented, and Ms. Hefty replied that once the subcommittees have streamlined their priorities, the County Manger will assist in providing the necessary resources to implement their strategies/recommendations.

Ms. Hefty stated the County had recently created an Office of Sustainability, to further support the county’s efforts to reduce greenhouse gas emissions and implement adaptation strategies. Ms. Hefty added the County also adopted a sustainable building ordinance to promote green/LEED building standards. Ms. Helen Brown, Miami-Dade County Department of Planning & Zoning, suggested that the Task Force involve the Miami-Dade Planners Technical Committee in their implementation and planning efforts.

Ms. Chase suggested that the MRC be added to the Task Force’s database so that they may receive notices of future meetings. UIWG Chair Murley encouraged the MRC’s involvement in the Intergovernmental Affairs Subcommittee, and suggested nominating Mr. Robert Ruano, City of Miami Office of Sustainable Initiatives, to serve as its co-chair.

III. New Business - The following items were addressed/discussed:

1. Mr. Robert Weinreb, City of Miami, reported 12 new trees will be planted at “Lummus Landing,” the city-owned riverfront portion of Lummus Park, to replace the shade trees that had recently been cut down.  Mr. Weinreb added the site will be sodded and benches will be installed to encourage public access. Ms. Chase thanked the city for taking these preliminary measures to improve the site.  Ms. Chase asked if the city had any plans to further activate “Lummus Landing” through the development of the planned riverwalk adjacent to a “Fisherman’s Wharf,” and Mr. Weinreb replied there was currently no funding available for this concept.  Ms. Chase noted MRC staff had forwarded a June 16, 2003 adopted City of Miami Resolution to Mr. Weinreb, which had authorized the City Manager to execute a lease agreement between the City of Miami and the State of Florida for the City’s use of the submerged lands adjacent to the City-owned parcel of land adjacent to Lummus Park, with a term of five years at no charge to the city. Ms. Chase noted that, as part of the scope of work for the project, it was agreed that a riverwalk and new docks would be constructed within the submerged lands owned by the State of Florida. Ms. Chase noted the city’s lease agreement with the State of Florida is expiring this month and asked if the city planned to construct a publicly accessible riverwalk at Lummus Landing in order to fulfill its obligation. Mr. Weinreb noted he had touched base with Ms. Lori Billberry, City of Miami Asset Management, regarding the lease agreement, whom had indicated that the city has fulfilled its obligations to the State by initiating the aforementioned aesthetic improvements (sodding, tree planting, etc.). Mr. Weinreb encouraged Ms. Chase to set up a meeting with City of Miami Parks and Recreation Director Ernest Burkeen to further discuss the “Fisherman’s Wharf” concept
2. Mr. Weinreb noted the City administration had submitted letters to some river developers, per the request of City Manager Chief of Staff Roger Hernstadt, requesting that their riverwalks be modified in order to become consistent with the riverwalk dimensions presented and approved by the City Commission. Mr. Weinreb noted representatives of the City administration have stated they will not issue new developments final Certificates of Occupancy (CO) until any identified riverwalk inconsistencies have been corrected.  In addition, Mr. Weinreb stated the City continues to enforce their seawall ordinance, and requested some property owners with seawalls in poor condition make the necessary repairs in order to avoid seawall collapses
3. Chair Murley suggested inviting Ms. Becky Matkov, Dade Heritage Trust, and the City of Miami’s new Director of Historic & Environmental Preservation to the UIWG’s next meeting to discuss the creation of a public/private partnership to address the long-range plans/potential redevelopment opportunities for the vacant site adjacent to the Scottish Rite Temple
4. Chair Murley distributed copies of Florida Atlantic University’s Center for Urban & Environmental Solutions “Preserving Paradise: SoFlo’s Call to Action.”

I. Projects

A. Harborside Miami, a Mixed-Use Marine Destination, 200 SW North River Drive - Ms. Ashley Chase, MRC Assistant Managing Director, noted she had called and emailed the potential developer Peter Swartz to ask if the proposed plans he had previously asked to present to the Miami River Commission were ready for a presentation at today’s meeting, but had not heard back from him.  UIWG Chair Murley suggested reaching out to Mr. Swartz at a later date.

II. Planning Studies/Presentations 
A. Review and Discussion of Draft Miami 21 - Ms. Chase distributed and reviewed the following documents regarding the draft Miami 21:

1. Miami 21 “Illustrated Principles of Good Planning” and “Frequently Asked Questions”: Ms. Chase noted these documents had been obtained during the June 23, 2008 workshop she had attended at Citrus Grove Elementary, located in the proposed “West Quadrant”
2. Miami 21 Public Meeting Schedule: Ms. Chase explained the Miami 21 meetings are divided into two categories- workshops and open houses. During workshops, participants are offered the opportunity to share ideas and draft suggestions for each quadrant; the open houses are informal sessions hosted by the consultants and city staff where the public is invited to drop in and review drafts of the proposed maps and zoning code; Chair Murley noted he planned to attend one of the workshops later this week
3. Draft Miami 21 Atlas: North Quadrant: Ms. Chase noted the draft map, which was downloaded from the Miami 21 website, www.miami21.org, includes the newly proposed “D3 Marine” zoning designation
4. May 28, 2008 letter to Ms. Ana Gelabert-Sanchez, City of Miami Planning Director, regarding the Miami River Commission’s Updated Recommendation of the Draft Miami 21; Mr. Bibeau noted that since that time, the City of Miami has proposed the new “D3 Marine” zoning designation, which the MRC has yet to receive, review, and provide advisory recommendation on. Ms. Chase added that as of today, no information regarding D3 has been posted on the Miami 21 website.  Ms. Chase added the new “D3 Marine” was not discussed or presented at the recent public Miami 21 meeting she attended.
5. Email Correspondence to Ms. Luciana Gonzalez, Assistant to Director Gelabert-Sanchez (copying Ms. Gelabert-Sanchez and Mr. Alexander Adams) requesting an update of Miami 21’s proposed D3 Marine zoning designation at the July 14 UIWG meeting; Ms. Chase stated that in the July 11, 2008 email, Ms. Gonzalez indicates that the City is “not ready to present the D3 category at this time. We will reach out to you once we are ready to move forward…” Chair Murley noted he had forwarded Ms. Chase’s email to Ms. Elizabeth Plater-Zyberk, Duaney Plater Zyberk-the consulting team for Miami 21-in the hopes of initiating discussion among the MRC, the City and DPZ regarding the proposed “D3 Marine” zoning.

Ms. Chase noted city staff had announced at the June 23 Miami 21 workshop that they hoped to present the revised draft Miami 21 before the Planning Advisory Board in October, and presented to the Miami City Commission for consideration in December 2008.  UIWG Chair Murley stated in respects to the aforementioned timeline, the UIWG should suggest a presentation from the City of Miami in August on only any new proposed components of the draft Miami 21 zoning code not previously presented and voted upon by the MRC on May 5, 2008 and reflected in MRC Chair Buermann’s May 28, 2008 letter to Planning Director Gelabert-Sanchez, such as the new “D3 Marine” zoning designation and additional proposed maps showing what the additional riverfront parcels in the other quadrants are proposed to become, in order for the new components of the draft Miami 21 to potentially be considered by the MRC during its September 8, 2008 publicly noticed meeting.  Chair Murley stated the MRC recommendations established on May 5, 2008 and reflected in MRC Chairman Buermann’s May 28 letter regarding Marine Industrial uses in the draft Miami 21 should be folded into the new “D3 Marine” category, including but not limited to allowing crane use times the same 24-7 as now, containers continuing to be allowed to be stacked up to current 4 high limit, no riverwalk or building setback requirements, and all marine industrial uses allowed as of right.

III. New Business - UIWG Chair Murley stated he had forwarded MRC staff a recent article which reported that the Florida Department of Transportation is moving forward on a study/application to include Port St. Joe, which is a bulkhead, into the state’s Strategic Intermodal System (SIS) as a means of improving the area’s transportation infrastructure; UIWG Chair Murley asked that Ms. Chase remind him to contact FDOT representatives to inquire about the status of potentially including the Port of Miami River as a designated SIS waterway. UIWG Chair Murley stated he had formerly discussed this possibility with a representative from the SIS consulting team, Cambridge Systematics, whom had indicated that the entire SIS plan/process would be reviewed and reevaluated. Mr. Bibeau reported that he had met with representatives of Cambridge Systematics over a month ago, whom had seemed supportive of including the Port of Miami River into the SIS, and had discussed potential amendments to the SIS enabling legislation which establishes selection and adoption criteria.

Mr. Bibeau stated the Beacon Council recently requested he make a presentation regarding the regarding the MRC’s adopted Miami River Corridor Multi-Modal Transportation Plan’s recommendation to create a Short Sea Shipping/consolidated freight forwarding center along the Miami River.  Mr. Bibeau added that the Beacon Council’s Infrastructure Subcommittee had decided to create a Miami River Working Group to champion the Short Sea Shipping recommendation.  Chair Murley suggested that the Beacon Council assist in obtaining funding for the Short Sea Shipping initiative (ex: recent incentive deals for Bertram Yacht), in addition to potentially funding an area study.

Chair Murley discussed the following “long-range projects”:

1.  Review of potential public/private partnerships for adaptive reuse opportunity for the historic Scottish Rite Temple on NW North River Drive; initiating discussions with Ms. Becky Matkov, Director of the Dade Heritage Trust, regarding this concept
2. Keeping track of future plans for the former Orange Bowl Stadium site, located across the street from riverfront 1401-1407 NW 7 ST.  Chairman Murley noted the retailer from the publicly accessible midtown mixed-use development has expressed interest in the OB area.
3. Potential locations for Water Taxi stops along the Miami River
4. Track progress of proposed Health District (Civic Center) redevelopment plans to determine how it will impact the Miami River; Ms. Chase noted she had invited Mr. Oscar Rodriguez, Related Group, to today’s meeting to present an update of the proposed project, but had not heard back from him. Chair Murley suggested contacting the City of Miami to obtain plans/receive updates of the proposed project
5. Address future riverwalk connectivity for Phase II of the Epic, a mixed-use project currently under construction on the north shore of the Miami River, east of the Brickell Bridge.  Obtaining estimated timeline for the approved EPIC Phase II
6. Presence of guardhouse and gate at recently constructed Wind, Cima and Ivy, located on the north bank of the Miami River, just west of the South Miami Avenue Bridge. Chair Murley suggested that MRC staff review the developments’ proposed building plans to ensure that the promised public accessible riverwalk is being provided.  Mr. Bibeau noted Ms. Mitzue Stockdale, Neo Concepts, had invited him last month to a site visit of Wind, where he had questioned the validity of a recently distributed Wind development flier acknowledging it as a “private gated community.” Mr. Bibeau reported that when he asked Ms. Stockdale about the flier, she had indicated that the riverwalk is expected to be open to the public. Mr. Bibeau replied the Brickell Key precedent where the guardhouse does not block public access to the publicly accessible riverwalk / baywalk around the entire island.

Mr. Bibeau stated the MRC is co-hosting and co-funding the following upcoming volunteer beautification events, which will create six new publicly accessible spaces/parks along the Miami River Greenway:

1. Monday, August 11, 2008: litter, debris and weed removal, spreading mulch along City of Miami- owned on-road Greenway along South River Drive, between SW 2 ST and NW 1 ST; UM volunteers will also help beautify recently created riverfront park at NW 1st Street
2. Saturday, August 30, 2008: litter, debris and weed removal, spreading mulch along new City of Miami-owned on-road Greenway along North River Drive beneath Flagler Street Bridge; painting staircase and planting trees at and adjacent to Flagler Street Bridge; Mr. Bibeau stated he had scheduled a meeting today with Kent Karpawich, owner of the former “ATCO” building to the north of the Flagler Street Bridge, to discuss the possibility or removing their fence to create a publicly accessible riverfront green space/park. Mr. Bibeau added this site is the last riverfront parcel before reaching the city-owned Lummus Landing.  Mr. Bibeau stated he had touched base with East Coast Fisheries’ new legal representation regarding beautifying their riverfront green space by removing the invasive species, which have overtaken the shoreline adjacent to the recently constructed on-road Greenway along North River Drive.  
3. Saturday, September 20, 2008: litter/debris removal, spreading mulch along City of Miami-owned North River Drive on-road Greenway, between the 1st Street Bridge and I-95; volunteers will paint/beautify beneath the 1st Street Bridge; applying to FDOT and or City of Miami to initiate the following improvements: removal of asphalt, open / broken fences (some of which falling into the River) and illegal vacant graffiti covered structure to create riverfront publicly accessible green space; Mr. Bibeau noted the GSC had recommended the creation of a publicly accessible riverfront greenspace/pocket park on a City owned vacant paved public-right-of-way parcel adjacent to the newly constructed on-road greenway on North River Drive, beneath and south of the 1 ST Bridge. Mr. Bibeau reported the City of Miami had originally thought the Florida Department of Transportation was the owner of the property, and therefore did not include the riverfront parcel while recently constructing the on-road Greenway along City owned North River Drive adjacent to the site.  Mr. Bibeau added the Miami-Dade County Tax appraiser’s records noted the City of Miami as the owners of the parcel (folio #01 0113 090 1141).  Mr. Bibeau noted discussion continues among the City of Miami and FDOT to determine the actual owner of the vacant paved riverfront parcel.
4. Sunday, October 12, 2008: creating new riverfront pocket park with volunteers on Southeast side of NW 17th Avenue Bridge; planting trees, flowering bushes, mulch pathway, removing litter/debris and invasive species, painting the side of the bridge the same red color as its spans
5. Saturday, November 8, 2008: MRC will join Hands on Miami volunteers to beautify city-owned Sewell Park, 1815 NW South River Drive, the Lawrence Canal, and would like to remove litter, debris and weeds and plant trees and flowering bushes along the Lawrence Canal waterfront at the Miccousoukee-owned caves to the south of Sewell Park and adjacent, in an effort to create a new publicly accessible waterfront green space.  Mr. Bibeau noted MRC staff had contacted the Honorable Congresswoman Ileana Ros-Lehtinen’s Chief of Staff, Ms. Debbie Zimmerman, to request assistance in obtaining permission to beautify the site.  Mr. Bibeau noted the Miccousoukee Tribe once had a physical presence at the site (i.e. site contains foundation of former building structure), which could very well promote the concept of opening the site to the public so that they may learn more about the history of the tribe, as well as the cultural significance of the area itself.  In the meantime, Chair Murley suggested contacting the Miccosukee Tribe to discuss potential installation of a historic marker/sign on the public right-of-way/entrance of the site, in order for the public to recognize the value of the tribe and history of the Miami River; and suggest that they offer guided visits of the site to the public (i.e. school district).

Mr. Bibeau noted that during the publicly noticed July 7, 2008 MRC meeting, he had requested authorization to utilize up to $35,000 to help fund the upcoming five volunteer Miami River beautification events. Mr. Bibeau added that although the MRC did not have quorum at the meeting, no opposition in regards to the request had been expressed. Chair Murley suggested the MRC update their document highlighting all the potential and completed publicly accessible parks/green spaces that have thus far been created by the MRC along the Miami River.

Mr. Bibeau reported that in November 2007, the MRC adopted a resolution finding the proposed “East Coast Eateries” consistent with the Miami River Corridor Urban Infill Plan. Mr. Bibeau noted the proposed project consisted of the complete renovation of the historically designated East Coast Fisheries building, along with the addition of a new four-story restaurant on the adjacent vacant riverfront, the construction of a publicly accessible riverwalk and open plaza, seafood markets and restaurants along the currently vacant waterfront parcels between the Flagler and 1st Street Bridges on North River Drive. Mr. Bibeau noted that on July 2, 2008, the City of Miami administration appeared, as an applicant, before the Historic Environmental Preservation Board (HEP) to request a certification of appropriateness for the demolition of the historically designated East Coast Fisheries structure. Mr. Bibeau noted that though the HEP board unanimously denied the request, the City Attorney mentioned on the record that their decision could be appealed by the City Administration to the Miami City Commission. Mr. Bibeau added the MRC was caught unaware of the application for the proposed demolition, as the City of Miami had not provided notification nor requested the MRC’s commentary/advisory recommendation. Mr. Bibeau noted the new owners of the subject property seemed willing to work with the City to bring the structure up to code. Mr. Bibeau noted he had emailed the property owner’s attorney Mr. Santiago Echemendia, Tew Cardenas, offering an opportunity to update the MRC and provided information regarding the recently amended code for the City of Miami entitled, “Historic Preservation/Ad Valorem Tax Exemption,” which includes a newly created section to provide assessment of historic properties used for commercial or certain non-profit purposes solely on the basis of character or use.  In addition Mr. Bibeau stated he provided the County RFP for their Historic Preservation grant opportunity.  Mr. Bibeau noted the site’s attorney denied the opportunity to make an update at a future MRC publicly noticed meeting.  Chair Murley suggested that the MRC maintain its current position/advisory recommendation for the East Coast Fisheries site.

Mr. Bibeau reported the Department of State (DOS) had requested that the Department of Management Services issue an emergency for the Miami Circle seawall replacement prior to the dredgers’ arrival in the area.  Mr. Bibeau noted DOS has yet to hire an engineering firm to create construction documents for the proposed riverwalk at the Miami Circle, which he noted was fully funded utilizing the $2.2 million provided by the State in FY ’09 for seawall replacement and construction of a publicly accessible riverwalk.  Chair Murley directed MRC staff to continue advocating for the replacement of the Miami Circle’s collapsed seawall and construction of a publicly accessible riverwalk as soon as possible.  Chair Murley stated the Riverwalk connectivity to and from the Miami Circle site, with Brickell Bridge to the north, Brickell Park and the Church to the south, needs to be addressed.

The meeting adjourned.

I. Projects

A. Presentation from BioMix Energy Regarding Plans to Create & Ship Bio-Diesel Fuel from 3300 NW North River Drive - The UIWG welcomed Mr. Steven Karpel, Mr. Juan Garcia and Mr. Felipe Cano, Biomix Energy Corporation.  Mr. Karpel, Chief Operating Officer of Biomix, provided a PowerPoint presentation of Biomix Energy Corporation, a bio-diesel production company, and its proposed plans to create the first and largest bio-diesel facility in the southeast United States on the Miami River.  Mr. Karpel addressed the following items:

• Biodiesel fuel: only fuel approved by the Environmental Protection Agency (EPA) to reduce Greenhouse Gas Emissions; renewable, biodegradable, clean-burning fuel derived from Jatropha plant oils.  Jatropha is not edible and doesn’t have other beneficial uses.
• BioMix is trying to create a sustainable, environmentally-friendly alternative to oil through incorporating bio-diesel fuel in everyday life; working with local government to change behavior through public education
• Has selected 3300 NW North River Drive as site of future facility, which has numerous advantages, such as: the “cut out” illustrated on PowerPoint site aerial of the site allows for ship dockage without impeding on federal navigable waterway
• Bio-diesel production/technology consists of a self-contained, waterless system that uses ion-resin to extract impurities and purify bio-diesel fuel to US standards, which minimizes environmental impacts
• Phase I will incorporate collecting and used restaurant oil to make 50 million gallons of biodiesel per year
• Phase II of production will consist of bringing in Jatropha at high volumes from South and Central America to transform into bio diesel which will then be shipped in vessels to customers
• Facility’s proposed waterfront location on the Miami River will significantly reduce transportation costs of materials and biodiesel; Every 10 million gallons of bio-diesel fuel produced would require the following transportation: 2,400 truck movements or 500 movements via train (railway), as compared to only 25 barge / ship movements if the facility were conveniently located on the Miami River
• A previously constructed Bio Diesel plant (owned by a different company) shut down partially due to transportation issues which will be avoided on this site by using the Port of Miami River
• Florida is the third largest consumer of combustible fuel within United States (24 million gallons per day); 100% of fuel in Florida is imported 
• Bio-diesel industry growing rapidly in United States; estimated projection of bio-diesel production in the United States is 700 million gallons per year
• Proposed project is currently in financing phase; have a commitment from an investor; will continue to research state and federal grants available, as well as economic benefits available along the Miami River
• Recently met with the Miami-Dade County Department of Environmental Resources Management (DERM) and expecting to receive a “Letter of Interpretation” with respect to the project in the near future; also met with the Beacon Council, and will meet with the Miami-Dade Water & Sewer Department later this week

UIWG Chair Murley explained the City of Miami and Miami-Dade County requests the Miami River Commission’s (MRC) advisory recommendation regarding river related agenda items. Chair Murley further explained the MRC’s process is for the UIWG to advise the full MRC on whether any proposed development is consistent with the Miami River Corridor Urban Infill Plan. The MRC then places the item on their publicly noticed agenda and the presenters are provided an opportunity to address the MRC, which votes to determine if the proposal is consistent with the aforementioned plans. Chair Murley added that since proposed project addresses environmental improvements, the UIWG will also review its consistency with the MRC’s adopted “Miami River Corridor Energy Efficiency & Water Conservation Report,” as well as Governor Crist’s Executive Orders/Recommendations regarding Climate Change.  UIWG Chair Murley opened the meeting for questions and comments.
Questions/Comments:

• Ms. Helen Brown, Miami-Dade County Planning & Zoning, asked if Biomix representatives had touched base with Miami-Dade County Planning & Zoning, and Mr. Karpel replied not as of yet. Mr. Karpel noted the site is currently zoned Industrial and has Industrial Land Use designation, which is consistent with Biomix’s proposed project plans, therefore a land use and zoning amendments are not required
• Chair Murley asked about the site’s current usage, and Mr. Karpel replied the site currently contains a small office and warehouse space, as well as shipping containers
• Ms. Brown asked if the site was formerly used for shipping, and Dr. Fran Bohnsack, Miami River Marine Group, replied that the site was operated by Miami Trade & Broker (MTB), a consortium created by Mr. Albert Rodriguez and  Mr. Jose Boshetti
• Dr. Bohnsack asked how much ship traffic would be generated when the facility begins full production of bio-diesel fuel, and Mr. Karpel replied that, at first, he expects one shipment every couple of weeks, and then later, perhaps one shipment per week
• Mr. Mark Bailey, Merrill-Stevens Dry Dock Company, asked if the proposed project would create job opportunities along the Miami River, and Mr. Karpel replied that once the project is in full production, he anticipates offering between 50-60 new job opportunities on site
• Mr. Bibeau noted the current site owner’s DERM marine operating permit and United States Coast Guard international shipping terminal certification that their international shipping terminal is consistent with the Federal Maritime Security Act would need to be renewed for the new ownership and use, therefore he provided contact info for the local Coast Guard.  Mr. Bibeau illustrated on the PowerPoint aerial that the site’s land cuts back, thereby allowing ships to dock at the location without blocking the federal navigable channel, which is located off of the shoreline
• Mr. Dick Bunnell, Bunnell Foundation, Inc., asked where the raw materials are shipped from, and Mr. Karpel replied Mexico and South America. Mr. Bunnell asked if the materials are transported via ship or barge, and Mr. Karpel replied via ship. Mr. Bunnell asked for the dimensions of the ship, and Mr. Karpel noted this would depend on the amount of raw materials that would be transported, but noted that the site can currently accommodate a 250 (length) x 47 (width) ship .  Mr. Bunnell noted the largest international shipping vessel operating on the Miami River is approximately 300’ long and 50’ wide
• Mr. Bibeau noted Biomix has initiated communication with the Miami River Marine Group, P & L Towing and the Coast Guard regarding shipping regulations
• Mr. Gregory Santin, Bank of New York Mellon, asked if Biomix needed any construction financing, and asked for the proposed project’s anticipated hard costs. Mr. Karpel noted the construction of the facility which will produce and ship bio-diesel fuel is projected to cost $21 million.
• Chair Murley noted BioMix may want to clarify the misconception that a lot of energy is needed to run bio-diesel facilities, and Mr. Karpel explained that the technology incorporated by the proposed bio-diesel facility is actually 20 times more efficient than other facilities converting corn; Mr. Karpel added that Biomix is also considering using solar energy to power the plant. Mr. Karpel noted this idea would be addressed at a future date.  Mr. Karpel added another option under consideration is a BioDiesel fueled generator.
• Mr. Bunnell asked when the proposed project would commence producing Biofuels, and Mr. Karpel replied within 10-12 months from purchasing site.

UIWG Chair Murley recommended the MRC find Biomix Energy Corporation’s proposed plans to create and ship bio-diesel fuel from 3300 NW North River Drive along the Miami River consistent with the Miami River Corridor Urban Infill Plan, the MRC-adopted “Miami River Corridor Energy Efficiency & Water Conservation Report”, and the Miami-Dade County Comprehensive Plan, contingent that Biomix operates in an environmentally sound fashion, obtain and operate under all required environmental regulatory permits.  UIWG Chair Murley recommended the Biomix representatives meet with the Miami-Dade County Department of Planning & Zoning, DERM, the South Florida Regional Planning Council, the Metropolitan Planning Organization, CSX Rail line, the City of Miami and Miami River neighbors, including Jones Boatyard, which is located across from the proposed site.  Mr. Bibeau noted this item maybe presented during the MRC September 8 meeting, which will be held at noon, Robert King High New Board Room, 1407 NW 7 Street. The UIWG thanked Biomix for their presentation.

II. Planning Studies/Presentations 
A. Update on Draft Miami 21 – UIWG Chair Murley noted MRC staff continues to monitor the draft Miami 21 public planning process, as well as review all documents pertinent to the Miami River posted on the Miami 21 website, www.miami21.org, in order for the UIWG Chair to make additional recommendations to the full MRC board, which may modify or maintain its current advisory recommendation rendered during the MRC’s May 5, 2008 public meeting. Chair Murley noted he would like to individually address the city Planning representatives attending for this agenda item the MRC’s May 5, 2008 recommendations, which were submitted via a letter to Ms. Ana Gelabert-Sanchez, City of Miami Planning Director, representatives of the City of Miami Planning Department, and Ms. Elizabeth Plater-Zybrek, chief consultant for Miami 21, on May 28, 2008.  Chair Murley kindly asked if the City could also provide an update of the newly proposed Marine Industrial designation/category, known as “D3 Marine” which has been featured in the recently posted draft Miami 21 zoning atlas (maps showing proposed new zoning for every parcel in the City of Miami) for the North and West quadrants which include the remaining riverfront parcels.

UIWG Chair Murley welcomed Ms. Luciana Gonzalez and Mr. Alexander Adams of the City of Miami Planning Department, and thanked them for their participation at today’s meeting.  Ms. Gonzalez stated the final draft Miami 21 would be presented to the City of Miami Planning Advisory Board in its entirety (all four quadrants) on Wednesday, October 1, 2008.  Ms. Gonzalez noted the City and Miami is currently working on drafting regulations for the newly proposed “D3 Marine” zoning designation, which she believed would be similar to the city’s current SD-4 (Marine-Industrial) regulations.  Ms. Gonzalez stated the new D3 category will probably allow crane activity 24 hours a day, and similar to D1 and D2 be exempt from riverfront building setback requirements (as recommended in the MRC’s May 28 letter).  Mr. Bibeau stated it was the subcommittee’s understanding that although the current draft exempts D1 and D2 from the riverwalk requirements, it still requires a 20 foot building setback regardless of property width, unlike the charter setback requirements where on parcels less than 200 feet wide the setback becomes 25% of the property width.  Ms. Gonzalez replied the City of Miami has been planning on replying in writing to the MRC’s May 5, 2008 recommended amendments to the current draft Miami 21.  Mr. Adams added the proposed vision for D3 is “Heavy Industrial,” which will require water-related uses (i.e. marinas, shipping terminals, etc.).  UIWG Chair Murley recommended D# require only “water dependent” uses.  Ms. Gonzalez noted the city anticipates having a draft available of the proposed D3 regulations within 2-3 weeks.  MRC staff noted that date would be after the MRC board member mail out mail out 1 week prior to the MRC’s September 8, 2008 meeting.  Mr. Adams invited the UIWG to the last Miami 21 public open house, which will be held on Saturday, September 6, 8 am to noon, Citrus Grove Elementary, 2121 NW 5th Street. Mr. Adams noted the consultants and city staff will be on hand that day to address any questions or concerns and review proposed changes.

The UIWG reviewed the Miami 21 draft East, West and North Quadrant Zoning Atlas:

• East Quadrant

• Mr. Bibeau noted the East Quadrant map was created before the concept of the “D3 Marine” designation, therefore the riverfront parcels currently zoned SD-4 Marine Industrial are proposed to be zoned D1; Therefore Mr. Bibeau asked if those parcels would be amended from D1 to D3, and Ms. Gonzalez replied it may change to D3, and agreed to look into this item.

• West Quadrant
  • Mr. Bibeau noted that all SD-4 zoned parcels depicted on the map are proposed to become D3;
  • Mr. Adams noted the small group of gas stations just south of the south shore, across the street from Merrill-Stevens, are proposed to become D1
  • Dr. Ernie Martin, Chair of the MRC’s Greenways Subcommittee, noted the former Miami News site is proposed to be designated T6-8 O, and asked what would be permitted-in terms of zoning-at this location. Mr. Adams explained that “O” signifies the uses are “open” (residential, commercial, office, etc. are permitted); the “8” designation allows 8 stories as of right (and up to 12 stories with bonuses); Ms. Gonzalez recommended reviewing the user-friendly Miami 21 “Article 4, Table 3” for further clarification of different proposed zoning terminology and permitted uses; Mr. Bibeau confirmed that, at this time, Article 4, Table 3 did not feature D3, and Ms. Gonzalez replied that D3 will be added to the table in the near future; Mr. Bibeau noted the MRC had formulated its advisory recommendation regarding the draft Miami 21 at its May 5, 2008 meeting, and had rendered its position based on the March 2008 draft version that remains posted on the city’s website. Mr. Bibeau asked if this online version is the most current draft, and Ms. Gonzalez replied yes. Ms. Gonzalez added the aforementioned version is known as the “April Edition,” and any future changes/amendments to the draft will be posted prior to the October 1 PAB meetin

•    North Quadrant
• All SD-4 parcels proposed to become D3

The UIWG reviewed and discussed the MRC’s updated advisory recommendation established on May 5, 2008 and reflected in Chairman Buermann’s redistributed May 28, 2008 letter to Planning Director Gelabert-Sanchez.  Ms. Gonzalez stated city staff was not prepared to individually discuss the MRC’s aforementioned recommendations/comments during today’s meeting, but would be more than happy to effectively address them in writing in the future.

Chair Murley suggested utilizing the term “water-dependant” versus “water-related” uses when classifying D3, and Mr. Adams noted he would forward that recommendation. Dr. Martin asked if D3 would consist of different hours of operation, setback requirements and cargo stacking heights than D1 or D2, and Ms. Gonzalez replied this would be addressed when preparing the revised draft Miami 21 with the new D3 Marine category.  UIWG Chair Murley noted he was hopeful that the new D3 Marine category would incorporate and resolve the majority of the MRC’s conditions listed in the May 28 letter, specifically items 1 & 8-13.

UIWG Chair Murley stated at this time nothing new in the draft 21 has been presented in writing which would lead him to recommend any amendments to the MRC’s advisory recommendation regarding the draft Miami 21.  The UIWG thanked the City of Miami for their participation at today’s meeting.

B. Discussion of Proposal to Allow Installation of New Billboards at Riverfront José Martí Park and at South Fork’s Fern Isle Park - UIWG Chair Murley stated the aforementioned item was discovered while staff was reviewing the July Miami City Commission meeting agenda. Chair Murley noted this City resolution, which was deferred at the July Miami City Commission meeting, would allow the installation of new billboards within four city-owned parks which currently do not allow billboards – and two of the four subject parks are located on the Miami River.  Ms. Ashley Chase, MRC Assistant Managing Director, noted the first billboard is proposed to be installed at the riverfront José Martí park, and the second billboard would be installed along the river’s south fork at Fern Isle park. Chair Murley that staff recognized that the MRC had previously formulated an advisory recommendation in 2001 regarding the removal of illegal or non-conforming billboards in order to improve the natural aesthetics of the riverfront, which he noted was slightly different from today’s agenda item.  UIWG Chair Murley noted it is the City’s intention to raise needed revenue for the Parks Department through the installation of these billboards. Chair Murley presumed these parks were selected due their close proximity to I-95 and SR-836, therefore increasing billboard visibility.  UIWG Chair Murley recommended that the MRC refine their 2001 position by, if deemed appropriate by the MRC, endorsing the city’s proposal to install new billboards in Jose Marti and Fern Isle Parks, contingent that the billboards installed at Jose Marti Park and Fern Isle Park are setback at least 100 feet away from the Miami River (half the distance required in the City of Miami charter), and that any funds generated from these billboards be dedicated to each respective park.  

Dr. Martin stated he wished he had more information regarding this item, and Ms. Chase noted Mr. Pieter Bockweg, as well as additional City of Miami representatives, had received today’s meeting agenda, as they are included in the MRC’s email database. Ms. Chase provided a copy of the proposed resolution.  Dr. Martin noted he preferred that the new proposed billboards not be installed in the riverfront parks where they are currently banned.  UIWG Chair Murley suggested that MRC staff touch base with Chairman Eric Buermann to determine if this issue should be placed on the MRC’s September 8 meeting agenda as a self-standing item, or as part of the UIWG monthly report. 

III. New Business – Mr. Bibeau stated an article in this week’s edition of Miami Today mentions a resubmitted proposed development, known as “Off Brickell,” which is located on the Miami River’s south shore just east of the South Miami Avenue Bridge. Mr. Bibeau noted the MRC had heard a presentation for this downtown vacant riverfront site between 1999-2000, and since that time, the project has made significant modifications to its original MUSP.  Mr. Bibeau asked that the developer re-present plans for the proposed project so that the UIWG Chair may review setback and riverwalk dimensions and submit its recommendations to the MRC for a vote. Mr. Adams asked for further information regarding the proposed project’s location, and Mr. Bibeau replied that it is the Millennium site, which was most recently used as a construction staging area, and one of the vacant blocks was developed as the Brickell Tennis Center perhaps as a temporary use.  Mr. Bibeau noted the site’s northern boundary is the Miami River; the eastern boundary is the Metro Mover; the western boundary is the South Miami Avenue Bridge and the southern boundary is SW 8th Street. Mr. Bibeau noted the project’s former plans had proposed a shopping mall, but now, the developers are proposing a phased project featuring a hotel and office space. Mr. Adams stated he did not have any current information regarding this site, but would seek further information. Mr. Bibeau stated the UIWG is most interested in obtaining information regarding the section of the parcel that touches the river.

Mr. Bibeau stated the MRC, UIWG and the Greenways Subcommittee have been monitoring progress on utilizing grant dollars, as required by current contractual agreements, to continue co-hosting and co-funding volunteer beautification events and creating new publicly accessible spaces/parks along the Miami River Greenway.  Mr. Bibeau stated this effort is consistent with both the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan, as well aspursuant to the July 7, 2008 MRC, March 12, 2008 Greenways Subcommittee, and July 14 UIWG  meeting minutes.  Mr. Bibeau noted the first recent volunteer event was successfully held on Monday, August 11, 2008 and consisted of litter, debris and weed removal, and spreading mulch along City of Miami- owned on-road Greenway along South River Drive, between SW 2 ST and NW 1 ST.  In addition graffiti was painted over.  Mr. Bibeau provided an update regarding additional, upcoming volunteer beautification events:

• Saturday, August 30, 2008: litter, debris and weed removal, spreading mulch along new City of Miami-owned on-road Greenway along North River Drive beneath Flagler Street Bridge; painting beneath the Flagler Bridge and staircase and planting flowering bushes at and adjacent to Flagler Street Bridge
• Saturday, September 20, 2008: litter/debris and weed removal, spreading mulch along City of Miami-owned North River Drive on-road Greenway, between the 1st Street Bridge and I-95; volunteers will paint/beautify beneath the 1st Street Bridge and create a new riverfront greenspace on public right of way if the FDOT, City and County are able to resolve the on-going debate over the parcels ownership and issue a permit to the MRC
• Sunday, October 12, 2008: creating new riverfront pocket park with volunteers on Southeast side of NW 17th Avenue Bridge; planting trees, flowering bushes, mulch pathway, removing litter/debris and invasive species, painting the side of the bridge the same red color as its spans
• Saturday, November 8, 2008: MRC will join Hands on Miami volunteers to beautify city-owned Sewell Park, 1815 NW South River Drive, as well as the Lawrence Canal

Mr. Bailey asked if any of the aforementioned events were being performed in coordination with the annual Coastal Clean-up, and Mr. Bibeau replied that the MRC had partnered with the Coastal Clean-up organizers last year to include the Miami River as one of the 50 volunteer sites, but only two volunteers had shown up at the East Little Havana Riverside Garden.  Mr. Bibeau stated he was willing to partner with them again, as long as they are able to provide more volunteers than last year. Chair Murley suggested visiting the Ocean Conservancy website to obtain additional information regarding this year’s Coastal Clean-up.

Chair Murley asked that MRC staff create a final report with pictures to document the completed Miami River beautification events, and Mr. Bibeau replied he would create this document, as well as present the events’ sponsors with appreciation plaques, such as the new riverfront Sherwin Williams on North River Drive and NW 5 ST, which has graciously donated all paint materials and supplies for the August 30 event.

Mr. Bibeau welcomed Mr. Richard Schuchts, Greater Miami Chamber of Commerce, and thanked him for attending today’s meeting. Mr. Schuchts stated he was representing the GMCC’s Task Force whom had been assigned the task of reviewing the Downtown Development Authority’s Downtown Master Plan and working with stakeholders to identify areas capable of being brought to fruition such as completion of the partially funded Miami River Greenway, water busses, etc.  UIWG Chair Murley and Greenways subcommittee chair Martin thanked Mr. Schuchts, GMCC and DDA for their continued support and efforts to finish the Miami River Greenway and create waterborne transit on the Miami River.  Dr. Martin invited Mr. Schuchts to future Greenways Subcommittee meetings to discuss funding opportunities for the Miami River Greenway.

I. Planning Studies/Presentations
A. Update on Draft Miami 21- Mr. Brett Bibeau, MRC Managing Director, stated City of Miami Planning Department representatives had been invited to today’s meeting to present an update of the revised draft Miami 21-specifically an update of the newly proposed Marine Industrial designation/category, known as “D3 Marine,”- but had recently informed MRC staff that they were not ready to make a presentation at this time. Ms. Ashley Chase, MRC Assistant Managing Director, stated Ms. Luciana Gonzalez, City of Miami Planning Department, had indicated they are scheduled to present the draft Miami 21 to the Planning Advisory Board in mid-November. Ms. Chase stated she had explained to Ms. Gonzalez that the MRC would like the opportunity-during its November 3 publicly noticed meeting - to consider the revised draft Miami 21 new zoning, so that the MRC’s position could be noted on record at the November Planning Advisory Board hearing.

Mr. Bibeau noted Ms. Chase, per the request of UIWG Chair Murley, had created a “Miami 21 Proposed D1, D2 and D3 Zoning Classifications along the Miami River” draft document utilizing Miami-Dade County Property Tax Records, which includes the addresses and property owners of all parcels along the river-proceeding east to west-which are currently proposed under Miami 21 to become D1 (Workplace), D2 (Industrial) or the newly proposed D3 (Marine). Mr. Bibeau added each property is listed under one of three proposed Miami 21 zoning atlas quadrants: East, West or North. Ms. Chase noted the South quadrant was not included in the draft document, since the subject area does not include any riverfront parcels. Mr. Bibeau explained the East Quadrant does not feature any proposed D3 parcels (currently SD-4 marine industrial), as that zoning designation was created after the East Quadrant map was generated when there was only the proposed D1 and D2. MRC staff has been unable to obtain any text from the city indicating what the proposed D3 zoning designation allows.

Mr. Bibeau welcomed Dr. Ernie Martin, Chair of the MRC’s Greenways Subcommittee, Spring Garden resident and member of the City of Miami Planning Advisory Board. Dr. Martin stated he was unaware of the upcoming presentation of the draft Miami 21 to the Planning Advisory Board.

B. Review and Discussion of Working Waterfront Legislation, Initiatives and Ballot Questions

1. Amendment 6: Attendees discussed Amendment 6 on the upcoming November 4, 2008 ballot, which would require the tax assessor to assess low density marine industrial business values based on their actual current uses, rather than the current practice of assessing marine industrial business sites as if they were the more expensive high density, market rate, residential developments.  Dr. Fran Bohnsack asked if the proposed legislative language of Amendment 6 would benefit the working international shipping terminals along the Miami River, in addition to the commercial fishing businesses, marinas, etc.  UIWG Chair Murley replied if Amendment 6 is adopted by the required 60% on November 4, then the local Counties would adopt a related implementing ordinance which may further specify the definition of terms such as “working waterfronts”.  Mr. Bibeau stated the MRC’s 2004 Marine Industrial Summit’s generated list of recommendations included the concept of Amendment 6, which was recently endorsed by the Miami Herald, Tax Watch, Marine Industries Association of South Florida, etc. Dr. Bohnsack noted the river’s working shipping terminals represent the public’s access to marine transportation and should therefore be included as part of Amendment 6 language.  Dr. Bohnsack cited the following language, found online at http://tallahassee.fl.lwvnet.org/StateBallots.html#s06: “Summary: Provides for assessment based upon use of land used predominantly for commercial fishing purposes; land used for vessel launches into waters that are navigable and accessible to the public; marinas and dry stacks that are open to the public; and water-dependent marine manufacturing facilities, commercial fishing facilities, and marine vessel construction and repair facilities and their support activities, subject to conditions, limitations, and reasonable definitions specified by general law.”  UIWG Chair Murley recommended the MRC support inclusion of all marine-industrial, working waterfront businesses on the Miami River in Amendment 6.
2. Working Waterfront Legislation: Mr. Bibeau noted the state’s working waterfront legislation, adopted two years ago, allows any City or County to pass an ordinance to provide additional incentives for working waterfront businesses.  Mr. Bibeau noted Miami-Dade County has since drafted a working waterfront ordinance, which he noted has yet to be presented to the Board of County Commissioners.
3. Waterfront Land Acquisition Program: allows cities to purchase land for water-related purposes, though funding is limited to cities with populations under 50,000

C. Presentation of University Students’ Planning Miami River Greenway-

1. University of Miami: Deferred to next month’s meeting
2. Florida International University: The UIWG welcomed Professor Ebru Ozer, FIU School of Architecture. Ms. Ozer explained that, as part of a class project, her students were asked to create a master plan/schematic design in conformance with the Miami River Greenway Action Plan-for a publicly accessible riverwalk on the North Shore at the County owned Water and Sewer Department facility and the adjacent City owned Lummus Park to the south. Ms. Ozer presented slides of her student’s proposals with concepts including but not limited to: create a gateway to Lummus Park, waterborne transportation, water taxi, historic preservation, boat dockage, shaded seating areas, use old Metro Mover cars as water taxis, calm / passive areas; tree-like structures to collect stormwater runoff to be used to irrigate the site, art in public places, benches that look like sculptures, cleaning soil and water through plant materials especially where there is standing water in newly planted sod, use park for educational purposes, open green space, community gardens, educational signage, pedestrian drawbridge, play area, three-story retail and parking structure, outdoor movie area projected on adjacent south parcel blank wall

Ms. Ozer stated she had provided MRC staff with a CD of the students’ presentations. Mr. Robert Weinreb, City of Miami, requested a copy of the CD, and staff agreed to provide him a copy. Mr. Weinreb stated the City had agreed to plant at least 16 new mitigation trees to replace the 6 trees they cut down in the riverfront park area.  Chair Murley suggested that MRC staff draft a letter, on behalf of MRC Chair Eric Buermann, thanking FIU for its efforts. Dr. Martin suggested providing a copy of the CD to the City of Miami Department of Parks and Recreation. Dr. Martin stated he and MRC staff had recently met with representatives of the City of Miami Department of Parks and Recreation to discuss finishing construction of the stalled riverwalk in Lummus Park riverfront portion/Lummus Landing.  Dr. Martin noted MRC staff was assisting the city in identifying grants and lobbying for funding to support this effort.  Mr. Bibeau asked what the appropriate protocol is for utilizing slides from the students presentations with various departments, grant applications, etc, and Ms. Ozer explained it was fine if the appropriate student’s name is cited as the source.  The UIWG thanked Ms. Ozer and her students for their work.

II. New Business – The following items were addressed/discussed:

1. Mr. Bibeau noted the Florida Department of Community had rendered objections (as part of its Objections, Recommendations & Comments Report) against the proposed draft EAR-recommended amendments to the Comprehensive Neighborhood Plan related to the Miami River submitted by the City of Miami for review, and explained that the DCA may have an upcoming November 17 deadline for the City of Miami to address this unresolved issue.  Mr. Bibeau stated that, to date the City has not provided or presented any new draft amendments to the comprehensive plan related to the Miami River no new version of the plan has been presented to the MRC. Mr. Bibeau added that, in the meantime, a Miami Today article reported the DCA has placed a moratorium on the City prohibiting them from considering any small-scale land-use amendments until this issue is resolved.
2. Dr. Bohnsack stated she had received an invitation from Mr. Subrata Basu regarding a county-wide planning session on October 24, noon to 6 pm, Biltmore Hotel, Coral Gables. Ms. Brown noted the event would address population projections, transportation, water supply, etc.
3. Chair Murley suggested that the UIWG review the City of Miami Bicycle Action Plan which supports completion of the Miami River Greenway, and therefore perhaps the MRC should adopt the plan as well and compare proposed projects and plans for consistency with the City of Miami’s recently adopted Bicycle Action Plan in addition to the Miami River Greenway Action Plan, Miami River Corridor Urban Infill Plan, etc.
4. Mr. Bibeau noted the Urban Land Institute (ULI) is hosting its international fall meeting along the Miami River on Monday, October 27; events will include a Miami River boat tour and panel discussion. Speakers include: Alexander Adams, City of Miami Planning Department, T. Spencer Crowley, Florida Inland Navigation District, Mark Bailey, Merrill-Stevens, Brenda McClymonds, The Trust for Public Land, Alan Lester, Terrazas Riverpark Village, and himself.

The meeting adjourned.

I. Projects

A. Presentation of Revised Plans for “Miami River Place,” 710-720 NW North River Drive- UIWG Chair Jim Murley deferred discussion on this item.

II. Planning Studies/Presentations 
A. Update on Revised Draft (November 2008) Miami 21 - Mr. Brett Bibeau, MRC Managing Director, stated City administration accepted the invitation to the MRC’s December 1 publicly-noticed meeting, noon, Robert King High New Board Room, 1407 NW 7 Street, to present the revised, final draft Miami 21 new zoning code. Chair Murley reviewed the east, west and north Miami 21 zoning atlases.  Mr. Bibeau distributed the MRC’s May 28, 2008 letter to Ms. Ana Gelabert-Sanchez, City of Miami Director of Planning, which contains the MRC’s current May 5, 2008 advisory recommendation regarding the April 2008 draft Miami 21. The UIWG reviewed and discussed Mr. Alexander Adams’, City of Miami Planning Department, e-mailed response to the MRC’s submitted thirteen recommendations:

1. Exempt D1 and D2 from the building setback from the riverfront

City Response: “Section 3.11 of the Miami 21 Code addresses setbacks on D1, D2, D3. A minimum setback of twenty (20) feet or 25% of the lot depth, whichever is less, is a relaxed waterfront setback that minimizes impacts on industrial functions while protecting the environment and possible future public connectivity. Miami 21 has merged the current zoning and city code requirements, as well as, extending those requirements to all waterfront properties. This section prevents permanent buildings that would obstruct a continuous riverwalk in the future, reduces the environmentally harmful effects and consistent with the intent of Miami-Dade County and federal permits.  Setbacks reduce storm water run-off, prevent the storage of hazardous materials, and provide a buffer to the natural environment next to the water’s edge.  We feel this regulation will ensure future development contributes to the Miami River’s vitality and aesthetics, as well as, economic activity.  Please note: marine-related facilities may span across man-made slips with a structure to conduct its normal activities.”
Discussion: The city charter, approved at referendum by the public, exempts industrial from the waterfront building setback requirements, the current Marine Industrial SD-4 Marine Industrial zoning requires no waterfront building setback, draft Miami 21 Article 4. Table 2 indicatesthe proposed D1, D2 and D3 zoning categories all contain a rear building setback-which is the waterfront setback, of 0 feet, and Miami 21 draft Article 5. Specific to Zones, Illustration 5.10 District Zones-Work Place (D1), Industrial (D2) and Waterfront Industrial (D3) indicates the proposed D1, D2 and D3 zoning categories contains a rear building setback of 0 feet, which is consistent with the MRC’s current Miami 21 position, yet inconsistent with the standards set forth in Article 3.11.1.a.  Article 3. General to Zones, Section 3.11 Waterfront Standards states “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 modifications to these standards may be approved by the City Commission pursuant to the City Charter. All Miami riverfront properties shall include water-related uses across all Transect Zones except T3.” Section 3.11, 1.a Waterfront Setbacks: “Waterfront Setbacks shall be a minimum of fifty (50) feet provided along any waterfront, except where the depth of the Lot is less than two-hundred (200) feet, the Setback shall be a minimum of twenty-five percent (25%) of the Lot depth; and except for T3, T4-R, D1, D2 and D3 Transect Zones where a minimum Setback of twenty (20) feet shall be provided. Within D1, D2 and D3 Transect Zone facilities may span across man-made slips with a Structure to conduct marine-related commercial and industrial activities.”  The first sentence is consistent with the City Charter, current SD-4, draft Miami 21 Articles 4 & 5, yet the second and third are not and therefore require additional clarification. Section 3.11, 2.a Waterfront Walkways Design Standards: “Waterfront walkways shall be designed and constructed within the waterfront setback 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 through 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.” Therefore although the riverwalk is not required in D1, D2 and D3, the 20 foot setback, regardless of property width, is required.
UIWG Chair Position/Recommendation: Maintain MRC’s current and long standing recommendation to exempt industrial related D1, D2 and D3 from the building setback from the riverfront, while ensuring that all articles achieve consistency with the proposed 0 foot setback.

2) Not allowing building heights within the historically designated Spring Garden neighborhood taller than the currently allowed 50 feet

City Response: “The waterfront along Spring Garden has been changed to T4, which allows for up to three (3) story buildings.”

UIWG Chair Position/Recommendation: As the height within the district will not be taller than what is currently allowed, this recommendation has been affirmatively met.

3)  Amend the note in the new Riverwalk Cross Sections to read: “As depicted the 4’ wide Safety Zone may have one foot of paving matching the minimum 15 foot wide Circulation Zone.” Removing one foot from the designated “safety zone” and adding it to the “circulation zone,” would make the note consistent with the related rendition circulation zone’s unobstructed pathway, which varies between 15-16 feet wide, rather than a 14-15 feet wide unobstructed path
City Response: “This comment has been incorporated and further explained in the waterfront guidelines text located in Appendix B.”
Discussion:  Appendix B: Waterfront Design Guidelines was distributed and the language is similar to the currently adopted City of Miami Baywalk/Riverwalk Design Standards and Guidelines (i.e. safety buffer zones, circulation zones, passive zones and signage, etc.); The 1st sentence of the appendix’s circulation zone section states “minimum fifteen (15) foot wide unobstructed linear pedestrian walkway,” though the second sentence (taken directly from the current Baywalk/Riverwalk Design Standards and Guidelines) states the “waterfront circulation zone shall consist of a linear pedestrian walkway or promenade and shall be 8 to 12 feet wide.” Similarly the 1st sentence under “Safety Buffer Zone states “A minimum four (4) feet” yet the 2nd sentence states, “3 to 5 foot wide safety buffer zone”, under “Circulation Zone” the 1st sentence states “A minimum fifteen (15) foot wide unobstructed linear pedestrian walkway” yet the 2nd sentence states, “1.  The waterfront circulation zone shall be 8 to 12 feet wide.” The first sentence of the language under “Passive Zone” states “Passive Zone – a minimum three (3) foot wide area interspersed with shade trees, low level plantings, site furniture, lighting and accessories,” yet the next sentence states “1.  The area for sitting, accent landscaping and concessions shall be located along the inland side of the waterfront, and shall be not less than 4 feet wide.” Furthermore, page 11 of the appendix, taken directly from the currently adopted Riverwalk Design Standards and Guidelines, states, “Signage 1.  All public access bay/riverwalks shall be marked with the standard ‘Public Shore’ sign”, yet there are no such signs on any currently publicly accessible riverwalks.

UIWG Chair Position/Recommendation: The language of the MRC and City of Miami-adopted Miami River Greenway Action Plan recommends a 16-foot unobstructed pedestrian path or circulation zone, and a 4 foot wide passive zone. Chair Murley recommended that the city make the appendix language consistent with its “Riverwalk/Baywalk Plan” drawings featured in Appendix B.6.

4)   Provide the City Charter waterfront building setback formula (currently only applies east of the NW 5 ST Bridge) on a riverwide basis for parcels less than 200 feet wide from the waterfront to the property boundary to provide a waterfront building setback equal to 25% of the parcel’s width from the shoreline to sidewalk (draft Article 3 Section 3.12 “Waterfront Standards”)
City Response: “This has been provided in the waterfront standards; Section 3.11.” 

UIWG Chair Position/Recommendation: As the formula is provided in Section 3.11, this recommendation has been affirmatively met.

5)  Measure waterfront setbacks from the shoreline, rather than the property boundary which varies in distance from the actual shoreline
City Response: “The City Code specifies that waterfront setbacks are “set back at least 50’ from the seawall.”

Discussion - several recently approved projects measured their waterfront setback from the property line, which at times is a varied distance out in the river’s submerged land, not the actual shoreline         
UIWG Chair Position/Recommendation: suggest further discussion with city administration and maintain this MRC recommendation

6) Not allowing building heights greater than what is currently allowed on the R1 single family residential riverfront parcels within the low density neighborhoods of Grove Park (estimated 10 homes along South River Drive from I-836 to the NW 17 Ave Bridge), Durham Park (estimated 14 homes along South River Drive from 22 Ave to the South Fork) and River Park (estimated 8 homes along North River Drive/NW 18 Terrace from NW 25 Ave to NW 27 Ave)
City Response: “Building heights in T3-R remain the same as the R-1 designation.”

UIWG Chair Position/Recommendation: this recommendation has been affirmatively met.

7) City administration and consultants suggesting proposed zones for all parcels before the revised draft citywide Miami 21 is considered by the City Commission
City Response: “The North, South, and West Quadrant Atlas maps will be presented for approval at PAB on November 19th, 2008 and subsequently the entire Miami 21 Code and all 4 Quadrant Atlas maps will be presented to the City Commission, tentatively scheduled for early December 2008 and January 2009 (dates to be determined).  All quadrant maps as well as the Miami 21 Code are now available for public review in the Miami 21 website.”

UIWG Chair Position/Recommendation: this recommendation has been affirmatively met.

8)  Allowing the number of cargo containers which may be stacked to be no less than what is currently allowed (draft Miami 21 Article 6, page 16 states, “No more than three containers shall be stacked vertically”)
City Response: “The regulation for number of cargo containers which may be stacked are the same as the current regulations.”

UIWG Chair Position/Recommendation: this recommendation has been affirmatively met.

 9) Removing new proposed time restrictions regarding crane operating hours (draft Miami 21 Article 6, page 16 states, “All crane operations are limited to daylight hours between 8 am and 6 pm”)
City Response: “The requirements that are in place are the same ones as what they are currently allowed in Zoning Ordinance 11000.”

UIWG Chair Position/Recommendation: this recommendation has been affirmatively met.

10)  Inserting compliance with the Federal Maritime Security Act (MTSA) requirements takes precedent regarding Port facilities
City Response: “Please see Section 2.2.2, where conflicts with any applicable requirements of any statute, rule, regulation, ordinance, or Code are addressed. The most stringent regulation takes precedence.

  UIWG Chair Position/Recommendation: suggested maintaining this recommendation and inserting language indicating that the most stringent regulation is the Federal Maritime Security Act (MTSA).

11) Article 6, page 16, inserting “Container Yards” as an allowable use in D2 in addition to D1
City Response: “A change was made to include “container yards” as an allowable use in D2 and D3.”

UIWG Chair Position/Recommendation: this recommendation has been affirmatively met.

12) Inserting “Marine Related/ Industrial” as defined in the draft Miami 21 Article 1” and included in the draft “Article 4, Table 3, Building Function Uses” as “Allowed by Right” including but not limited to shipping, boatyards, marinas commercial fishing, container yards and tug boat basins, into the allowable uses listed in the draft Article 6 under D1
and D2
City Response: “This has been addressed through the D3 regulations.”
Discussion: Article 4, Table 3 Building Function: Uses was distributedin which “marine related industrial establishments” in D1, D2 and D3 are allowed by right. The draft does not include a definition for the aforementioned “marine-related industrial establishment”, yet in Article 1: Definitions, Section 1.1: there is a definition for “marine related industrial facility” which is “A place of business serving marine-related needs including but not limited to: boat repairs, boat storage, boat servicing, boat rentals; or a place of business provides marine-related retail including but not limited to: bait and tackle stores, boat sales, and marine supplies stores. Uses not included are all work on vessels which exceed eight (8) feet in width; all vessel paint and body work; and major engine work or overhaul, all of which are considered marine-related industrial activities.”  

            UIWG Chair Position/Recommendation: maintain current MRC recommended language for the definition, “including but not limited to shipping, boatyards, marinas commercial fishing, container yards and tug boat basins” and have the title on the Article 4 Table match the related definition in Article 1, by replacing “establishment” with “facility”

13) Allowing any current marine industrial (SD-4) business, including but not limited to shipping, boatyards, marinas, commercial fishing, container yards and tug boat basins, to be legal uses within the proposed D1 & D2
City Response: “This has been addressed through the D3 regulations.”          

UIWG Chair Position/Recommendation: suggested combining recommendations 12 & 13.

Mr. Bibeau noted the Planning Advisory Board had deferred voting on this item until December 17. Ms. Chase added the previously scheduled December 2 special City Commission has been deferred until further notice.

Chair Murley thanked the City of Miami for already including the majority of the MRC’s recommended revisions to the draft Miami 21.  UIWG Chair Murley recommended the MRC find the revised draft Miami 21 to be consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan subject to the following remaining conditions consistent with what was previously approved by the MRC on May 5, 2008:

1) Maintain MRC’s current and long standing recommendation to exempt industrial related D1, D2 and D3 from the building setback from the riverfront, while ensuring that all articles achieve consistency with the proposed 0 foot setback
2) Amend text within draft “Appendix B: Waterfront Design Guidelines” in order for inconsistent dimensions to be consistent with the rendition on page B.6.
3) Maintain current MRC recommendation to measure waterfront building setbacks from the shoreline, rather than the property boundary which varies in distance from the actual shoreline
4) Maintain current MRC recommendation to insert compliance with the Federal Maritime Security Act (MTSA) requirements takes precedent and is the more stringent requirement regarding Port facilities
5) Maintain current MRC recommended language for the definition, “including but not limited to shipping, boatyards, marinas commercial fishing, container yards and tug boat basins” and have the title on the Article 4 Table match the related definition in Article 1, by replacing “establishment” with “facility”

B. Update of proposed amendments to City of Miami Neighborhood Comprehensive Plan - UIWG Chair Murley noted the City of Miami’s comprehensive plan amendments in response to the  ORC had recently been approved by the City Commission 3-1, and submitted to the FL Dept. of Community Affairs (DCA).  Ms. Helen Brown, Miami-Dade County Department of Planning and Zoning, noted the County had recently received the City’s revised EAR based amendments.  UIWG Chair Murley stated once the city has received its reply from the state, the MRC should reach out to city staff.  In the meantime, Chair Murley encouraged staff to continue monitoring the process.

C. Presentation of University of Miami Students’ Work on Miami River Greenway - Chair Murley noted that, per the request of Ms. Elizabeth Plater-Zyberk, Dean of UM’s School of Architecture, this item has been deferred until January 2009.

D.  Presentation of City of Miami Bicycle Action Plan - Mr. Bibeau distributed 2 copies of the plan recently adopted by the City of Miami, and noted it supports implementation of the previously adopted Miami River Greenway Action Plan. Chair Murley recommended the MRC find the new Bicycle Action Plan to be consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan, and offer assistance in bringing its future steps to fruition.  UIWG Murley recommended placing the non-time sensitive item on a light MRC agenda in early 2009.

III. New Business – The following items were addressed/discussed:

1. Mr. Bibeau distributed a NW 5th Street Bridge (SR 7) Bascule Bridge Replacement Project Fact Sheet

The meeting adjourned.

I. Planning Studies/Presentations 
A. Update on Revised Draft Miami 21- UIWG Chairman Murley, MRC staff and meeting attendees welcomed Mr. Alexander Adams, City of Miami Planning Department, and thanked him for attending today’sanaging Director, expressed their gratitude to the City of Miami Planning Department for addressing the majority of the 13 recommendations proffered by the MRC during its May 5, 2008 meeting. UIWG Chairman Murley noted his five remaining recommendations are bolded on page 5 of the UIWG November 21, 2008 meeting minutes, which have been distributed, and also include his review of the 8 affirmatively met MRC recommendations.  Mr. Adams stated the City of Miami Planning Advisory Board will be addressing/providing recommendations on several Miami 21-related issues on Wednesday, Dec meeting. On behalf of the Miami River Commission, UIWG Chairman Murley and Mr. Brett Bibeau, MRC Member 17, 6 pm, Miami City Hall, such as: 1) extensive text changes previously requested by the MRC, the Miami City Commission and additional parties, yet PAB will not vote on text changes; 2) mapping/atlas changes and the PAB will vote on the atlas for all four quadrants; 3) land-use changes which will accompany Miami 21 and the PAB will vote on any and all related land-use amendments.  Mr. Adams noted Miami City Commissioners will vote on the final draft Miami 21 during a special meeting which has yet to be scheduled, but is expected to hopefully occur sometime in January 2009.  Mr. Adams stated the Planning Department feels overall that the revised final draft Miami 21 will sufficiently meet the needs of residents, businesses, economic development, etc. UIWG Chair Murley explained he will not be reviewing the recently mentioned newly proposed City of Miami Comprehensive Neighborhood Plan amendments/proposed land-use amendments during today’s meeting, and noted that any proposed zoning amendments would need to be consistent with the comprehensive plan.

Mr. Adams distributed and reviewed a few pages of a revised draft Miami 21 dated “Public Hearing – First Reading 2009”, pertaining to the Miami River (pages III.16 – 111.18 & Appendix B).  MRC staff noted that on November 5, 2008, the City of Miami Planning Department emailed a link to the November 2008 version of Miami 21 where sections were dated “Public Hearing-First Reading 2008-11” and / or “Public Hearing – First Reading 2008-04”. Subsequently MRC staff stated the City of Miami’s website had updated the Appendix B dated “Public Hearing – First Reading 2008-04” with a revised version dated “Public Hearing-First Reading 2008-11” and a revised Article 3, yet with the same date “Public Hearing-First Reading 2008-11” which inserted the following new sentence in  section 3.11 Waterfront Standards, “except where the depth of the Lot is less than eighty (80) feet the Setback shall be a minimum of twenty-five percent (25%) of the Lot depth.” MRC staff noted the pages Mr. Adams has distributed today have a new date and sentence, which are not posted on the City’s website.  Mr. Adams concurred, explaining the new revised current draft dated “Public Hearing – First Reading 2009” of which he distributed a few pages related to the Miami River, is not yet posted on the City’s website and states in part:

1. Article 3. General to Zones: 3.11 Waterfront Standards:

Public Hearing – First Reading 2009 (new current revised draft):
Section 3.11.a.1 Waterfront Setbacks: “Waterfront Setbacks shall be a minimum of fifty (50) feet provided along any waterfront, except where the depth of the Lot is less than two-hundred (200) feet, the Setback shall be a minimum of twenty-five percent (25%) of the Lot depth; and except for T3, T4-R, D1, D2 and D3 Transect Zones where a minimum Setback of twenty (20) feet shall be provided, except where the depth of the Lot is less than eighty (80) feet the Setback shall be a minimum of twenty-five percent (25%) of the Lot depth. These requirements shall not apply to Marine Related Industrial Establishments along the Miami River. Within D1, D2 and D3 Transect Zone facilities may span across man-made slips with a Structure to conduct marine-related commercial and industrial activities.”

Mr. Adams noted Marine Related Industrial Establishment is a defined term in the code, relating to all marine-related uses along the river. Mr. Adams noted the new sentence (underlined) which exempts D1, D2 and D3 transect zones from the building waterfront setback requirements. Attendees thanked the Planning Department for agreeing with this MRC recommendation. which is consistent with the current code and charter.  Mr. Adams added this “working draft” will be presented to the Miami City Commission in 2009, taking into consideration feedback provided by the Planning Advisory Board, etc.

1. Article 3 General to Zones:  3.12 Design Guidelines and Neighborhood Conservation Districts

Public Hearing – First Reading 2009 (new current revised draft):
Section 3.12.1 Design Guidelines c. Includes the “Miami River Greenway Regulatory Design Standards”. Mr. Adams noted the Planning Department worked closely with consultants and co-creators Kimley Horn to ensure that everything reflected in the document is consistent with the current draft Miami 21. Mr. Adams reported following the Miami 21 adoption process, the Miami River Greenway Regulatory Design Standards will become a recognizable, enforceable document/guideline. Mr. Adams added the revised document will be posted online before the end of today.
Comments/Questions:
Mr. Bibeau distributed the Draft Miami River Greenway Regulatory Design Standards, Upper River-Zone 2 Architectural Façade Treatments and cited the following draft language: “The riverside setback is recommended to be 0’ for water dependant commercial/industrial buildings and 50’ for non water dependant buildings.” Mr. Bibeau asked if this language is consistent with the revised draft Miami 21-which exempts marine-industrial establishments from a riverside setback-and if this current language would be posted online, and Mr. Adams replied yes, and added the language would offer additional details in support.   

1. Appendix B: Waterfront Design Guidelines

Public Hearing – First Reading 2009 (new current revised draft):
Mr. Adams noted the revised current draft includes amendments to the riverwalk rendition and revises the related text to make it consistent with the dimensions in the rendition. 
Mr. Bibeau noted the rendition and first line of the text notes the circulation zone is 15-16’ wide, yet the second related line of text states, “The waterfront circulation zone shall consist of a linear pedestrian walkway or promenade and shall be fifteen (15) feet wide.” Mr. Adams replied this was a good point, therefore to make this text consistent with the related rendition Mr. Adams agreed to insert “minimum” after “shall be”.

Vice-Chair Everingham noted that waterfront access from the water to the land and vice versa is alluded to in B.1 General Principles, 6, yet is never fully addressed. Chair Everingham noted that improving access to the riverwalk from the water remains an important concept to the MRC, and suggested that the city include stronger, specific language to promote this component in Miami 21. Mr. Adams noted that regulations regarding waterfront access are controlled by DERM and the Army Corps of Engineers, therefore the City did not wish to get in the middle of this process by imposing any requirements for boat dockage and access.  UIWG Chair Murley suggested that Appendix B: Waterfront Design Guidelines include the following caveat: “Access from the water should be incorporated/provided in waterfront designs-where permissible and practical-subject to obtaining required permits from applicable agencies.”

Attendees reviewed and discussed UIWG Chair Murley’s five remaining non-binding recommendations to the MRC on page 5 of the UIWG November 21, 2008 meeting minutes:

1) “Maintain MRC’s current and long standing recommendation to exempt industrial related D1, D2 and D3 from the building setback from the riverfront, while ensuring that all articles achieve consistency with the proposed 0 foot setback”
UIWG Chair Murley Recommendation: noted this condition has been positively affirmed in the new “Public Hearing – First Reading 2009” draft
2) “Amend text within draft “Appendix B: Waterfront Design Guidelines” in order for inconsistent dimensions to be consistent with the rendition on page B.6”
UIWG Chair Murley Recommendation: UIWG Chair Murley suggested that Appendix B: Waterfront Design Guidelines, Policy 6 on page B1 include “Access from the water to the land should be incorporated/provided in waterfront designs-where permissible and practical-subject to obtaining required permits from applicable agencies.” and on page B.3, in “Circulation Zone 1.” inserting “minimum” between “shall be” and “fifteen” to make the language consistent with the fifteen-sixteen foot wide circulation zone depicted in the related rendition and described in the previous text.
3) “Maintain current MRC recommendation to measure waterfront building setbacks from the shoreline, rather than the property boundary which varies in distance from the actual shoreline”
Discussion: Mr. Bibeau noted page 3 of the UIWG November 21, 2008 meeting minutes cites an email from city staff indicating that this recommendation is already part of the City Code, without providing or referencing where in the code it already exists, yet Mr. Bibeau noted that several recently approved projects measured their waterfront setback from the property line, which at times is a varied distance out in the river’s submerged land, not the actual shoreline.    
UIWG Chair Murley Recommendation:  suggest further discussion with city administration and maintain this MRC recommendation
“4) Maintain current MRC recommendation to insert compliance with the Federal Maritime Security Act (MTSA) requirements takes precedent and is the more stringent requirement regarding Port facilities”
Discussion: Mr. Bibeau noted page 4 of the UIWG November 21, 2008 meeting minutes cite an email from city staff indicating that Section 2.2.2 addresses this issue by applying the “most stringent regulation.” Mr. Bibeau noted UIWG Chair Murley had recommended inserting language indicating that the most stringent regulation is the Federal Maritime Security Act (MTSA). UIWG Chair Murley stated it was his understanding that the federal law is regarded as the highest standard and can not be pre-empted. Mr. Bibeau provided a couple examples of how certain requirements proposed in Miami 21 code could potentially be interpreted as more stringent than the different requirements of the Federal Maritime Security Act. Mr. Adams noted the Miami 21 process will encourage a collaboration process between the city and the permit applicant.
UIWG Chair Murley Recommendation: Revising Section 2.2.2 by inserting “federal law” since federal laws are not statutes as follows: “Where the requirements of this Miami 21 Code vary with the applicable requirements of any federal law, statute, rule, regulation, ordinance, or code, the most restrictive or that imposing the higher standard shall govern.” Mr. Adams stated he would bring back this recommendation and potentially provide a revised Article 2.2.2.
5) “Maintain current MRC recommended language for the definition, “including but not limited to shipping, boatyards, marinas commercial fishing, container yards and tug boat basins” and have the title on the Article 4 Table match the related definition in Article 1, by replacing “establishment” with “facility.”
Discussion: Mr. Adams stated although he didn’t bring copies of the definition page I.8, the new “Public Hearing – First Reading 2009” draft replaced the title, “Marine-Related Industrial Facility” with “Marine-Related Industrial Establishment”, therefore becoming consistent with Article 4. Table 3 which only lists a “Marine-Related Industrial Establishment”.  Mr. Javier Betancourt, Miami Downtown Development Authority and new MRC designee for DDA Director Robertson, stated he believed the definition was open-ended, which could potentially allow uses not typically permitted under marine industrial zoning.  Mr. Bibeau asked if residential is a permitted use in D3, and Mr. Adams replied no. Per the MRC’s May 5, 2008 recommendation, Mr. Adams agreed to take back and potentially include the MRC’s recommendation to clarify the definition of a Marine-Related Industrial Establishment, “including but not limited to shipping, boatyards, marinas, commercial fishing, container yards and tug boat basins” in addition to “cargo and boat building / boat manufacturing” as permitted uses in the Article I definition of “Marine Related Industrial Establishment.”  Mr. Bibeau asked if there was a newer, more current version of Article 4, and Mr. Adams replied no.  Mr. Bibeau kindly asked Mr. Adams to provide the aforementioned revised “Public Hearing – First reading 2009” version of Article 1, so that staff may forward it to MRC board members and designees as well in preparation for the January 5, 2009 MRC meeting, and Mr. Adams agreed to provide MRC staff with the revised excerpts pertaining to the definition change.
UIWG Chair Murley Recommendation: draft definitions are improving and awaiting revised current draft which may include MRC recommended amendment to the definition of “Marine Related Industrial Establishment”

UIWG Chair Murley recommended the MRC find the revised draft Miami 21 to be consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan subject to the following remaining conditions consistent with what was previously approved by the MRC on May 5, 2008:

1) Inserting caveat in “Appendix B: Waterfront Design Guidelines, Policy 6: “Access from the water to the land should be incorporated/provided in waterfront designs-where permissible and practical-subject to obtaining required permits from applicable agencies.”
2) Inserting “minimum” in front of “15 foot wide” in Appendix B: Waterfront Guidelines, B.3 Circulation Zone to make the text consistent with the proposed fifteen-sixteen foot wide circulation zone depicted in the related rendition and first line of descriptive text
3) Maintain current MRC recommendation to measure waterfront building setbacks from the shoreline, rather than the property boundary, which varies in distance from the actual shoreline
4) Inserting “federal law” in Section 2.2.2 after “vary with the applicable requirements of any”
5)“Maintain current MRC recommended language for the definition of Marine Related Industrial Establishment by inserting, “including but not limited to shipping, boatyards, marinas commercial fishing, container yards and tug boat basins” and also insert “cargo, boat building and boat manufacturing”

UIWG Chair Murley, MRC staff and attendees again thanked Mr. Adams for his participation and noted the final revised draft Miami 21 will be presented to the Miami River Commission on Monday, January 5, 2009, noon, Robert King High New Board Room, 1407 NW 7 Street.

II. Projects

A. Discussion of Potentially Creating a Community Garden to Grow Food - Per the suggestion of MRC board member Sallye Jude, attendees had a preliminary discussion regarding the potential concept of creating a Community Garden on the Miami River where the public would grow and harvest food free of charge.  A recent Miami Today article was distributed regarding a similar Community Garden in Overtown, and the role of “Roots in the City”.  MRC staff reported “Roots in the City” Director Dr. Marvin Dunn had confirmed attendance to the UIWG meeting, yet wasn’t present.  MRC staff stated perhaps a 100 foot by 100 foot square of Sewell Park could be used for the potential Community Garden and UIWG Chair Murley stated although three new major residential buildings are nearing completion adjacent to Sewell Park, sometimes it appears a bit remote and difficult to find and access for the public.  The UIWG agreed to re-invite Dr. Dunn to further explore this concept during the January meeting.

III. New Business – The following items were addressed/discussed:

1. Mr. Bibeau noted MARAD has a new program “Marine Highways.” Mr. Bibeau explained that being designated a “marine highway” creates eligibility to receive multi-modal marine-related transportation funding.  Mr. Bibeau added that MARAD had recently indicated that the MRC would be an appropriate entity to nominate the Miami River for potential designation as a Marine Highway, which if so designated would make the River area eligible for more transportation related funding to implement recommendations from the MRC’s adopted award-winning Miami River Corridor Multi-Modal Transportation Plan. UIWG Chair Murley recommended MRC Chair Buermann nominate the Miami River for the Marine Highway designation.

2. An update of the NW 5th Street Bridge (SR 7) Bascule Bridge Replacement Project will be presented by the FDOT to the UIWG in January and to the MRC in February 2009

3. Mr. Bibeau stated Mr. Brian Belt, Duane Morris, LLP, which is representing the Millennium Group, owners of the vacant parcels on the River’s south shoreline at 431-451 South Miami Avenue, informed him they are considering proposal of a mixed-use development with dry stack storage and a publicly accessible riverwalk.  Mr. Bibeau noted they are considering presenting their completed renditions to the UIWG and MRC

4. The City of Miami recently submitted a federal economic stimulus funding request, which included seeking federal funding to extend the Metro Mover to the Orange Bowl site.  Mr. Bibeau noted he had emailed Mr. Clinton Forbes, Miami-Dade County Transit, to ask if the proposed extension would require a new fixed bridge over the Miami River, and if so, would the potential new fixed bridge have the same 75-foot vertical clearance over the federal navigable channel as the current fixed bridges provide. Mr. Bibeau noted Mr. Forbes had replied that Miami-Dade Transit has yet to review this proposal. Mr. Bibeau noted staff had been provided a November 2008 version of the Miami Intermodal Center (MIC) at FDOT’s 5-year Transportation Plan Summit, which features a future west rail corridor that looks as though it crosses the river at 27th Avenue, therefore he recently submitted the same question to Miami-Dade Transit, and is awaiting a response. Mr. Bibeau added the City of Miami’s federal funding economic stimulus request also includes $35 million for the Miami River Greenway and $16.7 million for the Wagner Creek & Seybold Canal Dredging Project

Mr. Bibeau noted this was the last publicly noticed MRC meeting in 2008, thanked everyone for their continued volunteer efforts for the Rive, and wished everyone Happy Holidays.

The meeting adjourned.