Miami River Commission’s
Urban Infill and Greenway Subcommittee’s Minutes

I. Presentation of the “Miami River Watershed Plan” from the Nature Conservancy – Sonia Succar Rodriguez
Ms. Sonia Succar Rodriguez, The Nature Conservancy, distributed and presented copies of “Cities Miami”. The main themes are:

• Transforming the City Landscape”
• Advancing Urban Water Solutions – Ms Rodriguez stated she supports increased services from the Scavenger Water Decontamination Vessel
• Create Tangible Projects
• Map Model and Plan

Ms Rodriguez stated the Nature Conservancy’s Plans are consistent with the Miami River Commission’s adopted:

1. Miami River Corridor Urban Infill Plan
2. Miami River Greenway Action Plan
3. Miami River Basin Water Quality Improvement Report
4. Miami River Walk the WBID
5. Wagner Creek and Seybold Canal Walk the WBID

Ms. Rodriguez stated The Nature Conservancy will soon advertise a request for proposals to construct the presented plan to improve the County owned public greenspace on Wagner Creek located at 1500 NW 12 Ave. MRC Director Bibeau distributed a copy of the MRC’s “Miami’s 21st Century Park – An Integrated System of Parks and Greenways along the Miami River”, featuring an over decade old picture of volunteers planting plants in this site’s waterfront greenspace after removing the chain link fence creating public access. Recently the site was used for staging during the successfully completed Wagner Creek and Seybold Canal Maintenance Dredging and Environmental Cleanup project, and will now thankfully be renovated and improved by the Nature Conservancy. In addition, Ms. Rodriguez’ presentation included The Nature Conservancy’s plan for a public greenspace featuring Greenways along both shores of a section of Wagner Creek located at Miami-Dade County owned 1395 NW 12 Ave and University of Miami Owned 1150 NW 14 ST. Attendees discussed the need to create a solution to any potential loss of existing parking spaces at 1150 NW 14 ST.

MRC Urban Infill Chairman Murley suggested the MRC find this partnership to benefit the Miami River District, Miami River Commission, and The Nature Conservancy.

II. New Business
MRC Urban Infill Chairman Murley asked for an update re 431-451 South Miami Ave. MRC Director Bibeau presented pictures taken Sunday, February 10, 2019, of the site with construction activities. Mr. Bibeau noted the following email chain:

From: Brett Bibeau <miamiriver1@bellsouth.net> Sent: Friday, February 15, 2019 9:54 AM To: 'Calleros Gauger, Jeremy' <JCallerosGauger@miamigov.com>; 'Murley, James (RER)' <James.Murley@miamidade.gov>; 'spencer.crowley@akerman.com' <spencer.crowley@akerman.com>; 'schafers@miamidda.com' <schafers@miamidda.com>; 'De Nacimiento, Guillermo' <GDeNacimiento@miamigov.com> Subject: RE: Construction Activity At Prime Riverfront Lot Across From Brickell City Centre

THX Jeremy,
Per previous requests, PLS provide the pending application, plans, contact for City rep, and contact for applicants. Would be nice to have it before 1 PM, so MRC UIWG Chair Murley has something in hand when this comes up at today’s 3 PM subcommittee meeting under the “New Business” agenda item
THX everyone
Sincerely,
Brett

From: Calleros Gauger, Jeremy <JCallerosGauger@miamigov.com> Sent: Thursday, February 14, 2019 6:48 PM To: Brett Bibeau <miamiriver1@bellsouth.net>; 'Murley, James (RER)' <James.Murley@miamidade.gov>; spencer.crowley@akerman.com; schafers@miamidda.com; De Nacimiento, Guillermo <GDeNacimiento@miamigov.com> Subject: RE: Construction Activity At Prime Riverfront Lot Across From Brickell City Centre
FYI- we have a pending TUP application for this property, but it is not yet approved. Planning will work with Zoning to incorporate the new provisions in 3.11.
Please let me know if there are any additional questions.
Best regards,

Jeremy Calleros Gauger, AIA, LEED AP
Deputy Director
Planning Department
Office: 305-416-1427
Visit us at www.miamigov.com/planning.

From: Brett Bibeau <miamiriver1@bellsouth.net>
Sent: Monday, February 11, 2019 5:21 PM
To: 'Murley, James (RER)' <James.Murley@miamidade.gov>; spencer.crowley@akerman.com; schafers@miamidda.com; De Nacimiento, Guillermo <GDeNacimiento@miamigov.com>; Calleros Gauger, Jeremy <JCallerosGauger@miamigov.com>
Subject: RE: Construction Activity At Prime Riverfront Lot Across From Brickell City Centre

Hi Jeremy,
Per emails below, emailing you pics of 451 South Miami Ave which I took yesterday. A few months ago when property rep met with the City about a potential TUP, PLS reply the owner’s and City reps contact info. This will be discussed under New Business during the MRC subcommittee’s 2/15 public meeting, 3 PM, 1407 NW 7 ST.
THX for all you do
Sincerely,
Brett

From: Murley, James (RER) <James.Murley@miamidade.gov>
Sent: Friday, February 8, 2019 1:11 PM
To: 'Brett Bibeau' <miamiriver1@bellsouth.net>; spencer.crowley@akerman.com; schafers@miamidda.com; GDeNacimiento@miamigov.com; JCallerosGauger@miamigov.com Subject: RE: Construction Activity At Prime Riverfront Lot Across From Brickell City Centre

Please put this on the agenda at the next Urban Infill meeting. Hopefully for a presentation but at minimum, your update and further discussion.
Jim Murley
Chief Resilience Officer
Regulatory and Economic Resources Department
Miami-Dade County
Office: 305-375-4811
Cell: 786-719-9155
Chair, Urban Infill Committee, MRC”

MRC Urban Infill Chairman Murley asked for this item to be placed on the subcommittee’s March public meeting agenda.

The meeting adjourned.

Miami River Commission’s
Urban Infill and Greenway Subcommittee’s Minutes

I. Consideration of Florida Department of State Plans for Miami Circle Park, 401 Brickell Ave, and Pending Application to the City of Miami for a Ground Disturbing Activity Certificate

Timothy A. Parsons, Ph.D., Division Director, State Historic Preservation Officer. Division of Historical Resources, Florida Department of State, called in from Tallahassee, Florida. Dr. Parsons presented draft plans to improve Miami Circle Park, a designated National Historic Landmark. The plans include planting 1,466 new plants, needed re-sodding, covering bare dirt areas along the public Riverwalk with crushed shells, bollards to keep illegally parked cars off the sidewalk, a decorative fence around the actual Miami Circle, and constructing 3 new hardscape “Living Room” areas which include 9 additional seat boulders on the site which currently has over 30 seat boulders. Dr. Parsons stated after the presented draft set of improvements are constructed, the Department of State hopes to conduct a subsequent set of improvements 1-2 years in the future, which will then include museum quality exhibits.

Many in the community also consider Miami Circle Park a native sacred site. For example, Hummingbird Ramirez conducts a native ritual at the site every Tuesday at 6 PM, since it was discovered in 1999. Hummingbird reached out to MRC Director Brett Bibeau, whom provided her with a printed set of the plans. Hummingbird recommends the currently buried actual Miami Circle be uncovered with a glass protection or a 3-D model, does not recommend constructing the additional three hardscape areas on what is now the site’s small open greenspace areas which are surrounded by dense high-rise developments, and remove the existing dog water fountain and place no dog signs, similar to all City owned Parks in the City of Miami.

MRC Urban Infill Subcommittee Chairman Jim Murley recommended the MRC support the presented plans to improve Miami Circle Park, with a condition to postpone further consideration of constructing the additional 3 hardscape “Living Room” areas, until the next phase of site improvements to be designed in a public process featuring museum quality exhibits.

II. Consideration of Pending Temporary Use Permit Application at 431-451 South Miami Ave
Bill Riley, Greenspoon Marder, and Antonio Primo, presented draft plans for “Riverside Miami, a family oriented open-air culinary experience”. The presented draft plans feature 7 local restaurants, tap room, event space for “movie nights”, art installations, $200,000 of landscaping (90% native plants), and public Riverwalk, which is narrower than the minimum requirements of the code. Mr. Riley stated there is an “off-site parking lease”, and the site will have many visitors from the adjacent 5TH ST Metro-Mover station, pedestrians and bicycles from the immediately surrounding densely populated Brickell and Central Business District areas. Mr. Riley stated the proposal is not a “party atmosphere”, and will not have late night events. Mr. Riley stated the draft plans include an enclosed structure which reduces noise, from “Event Star”, which is the same company that constructed the enclosed temporary structure at The Wharf. Mr. Riley explained the sound system will have localized speakers for ambient background music playing softer than a conversation, i.e. Disney Land. Mr. Riley stated the proposal requires the majority of sales to be for food (annual audits for minimum of 51% food sales, and a maximum of 49% liquor sales). Mr. Riley stated if a Hurricane Warning is issued, they will remove the tents, tables, chairs, etc. before the Hurricane strikes the area. Mr. Riley stated the proposal is seeking a “Temporary Use Permit” with annual potential renewals for a maximum of a total 3-years, and then any additional time extensions for the pending “Temporary Use Permit” would have to be approved by the City Commission. Mr. Riley offered the MRC future annual reviews. Mr. Riley stated the draft plans are a work in progress, and the final plans will be provided to the Miami River Commission before the City of Miami.

Troy Taylor, President of The Riverfront Neighborhood Association (Ivy, Mint and Wind), recommended an onsite location for Uber pickups and drop offs and delivery trucks, so that they don’t block vehicular lanes in the congested downtown streets.

MRC Urban Infill Subcommittee Chairman Murley recommended approval of “Riverside Miami” with a condition that the plans for the public Riverwalk and public western side-yard connector between the existing on-road Greenway (along SE 5 ST) and the public Riverwalk, be amended in order to become 100% consistent with the minimum requirements in the code.

III. Consideration of Revised Plans and Pending Warrant Application for 1175 NW South River Drive, Naheem Khan Project
Ms. Rosario Kennedy, Rosario Kennedy and Associates, and Mr. Alfonso Jurado, Alfonso Jurado Architecture, presented revised plans and “Warrant and Waiver Submittal” for the “Naeem Khan Studios”. The previous plans were presented to the MRC on March 6, 2017 and those public meeting minutes state in part:

I) “Consideration of “Naheem Kahn” Project, 1175 NW South River Drive
The MRC’s Urban Infill and Greenways subcommittee’s January 21, 2016 public meeting minutes state:

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

Director Bibeau stated the distributed County Agenda item was approved at County subcommittee and will be considered by the full Board of County Commissioners on 11/3/15.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The motion was seconded by Manny Prieguez and unanimously adopted by the MRC.”

MRC Director Bibeau distributed emails from the development team and renditions of the previously presented project and the revised proposed project, with only the following changes:

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

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

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

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

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

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

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

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

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

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

The applicants stated although they intend to comply with the MRC’s previously approved conditions of approval, it is a work in progress and they are yet to fully comply with the MRC’s conditions. For example, they are in the process of hiring EAC Engineering to create construction engineering documents for the new seawall, they executed a sub-lease with the City to replace the existing storage lot beneath the 12 Ave Bridge with their private parking lot, etc. The applicants stated differences between the plans presented to the MRC on March 6, 2017 and the revised plans are the 2 buildings were 3 and 5 stories, and now they are 4 and 5 stories, and the building’s façade has changed and are now using more glass. The applicants stated the pending warrant applications would permit the proposed vocational school component, off-site parking waiver, and a reduction of required parking spaces because they are close to Metro-Rail. The applicants stated they would consider putting some landscaping back in the plans in between the 2 buildings, similar to the previous plans which had landscaping between the 2 buildings which was removed in the current plans which only depict hardscape in between the 2 proposed buildings.

Carol Boynton, Spring Garden Civic Association, stated they were seeking a voluntary covenant and City conditions of the warrant to include compliance with the existing noise ordinance, no restaurant as depicted in the current plans, and no public venues as depicted in the current plans.

The applicants stated they would meet with their neighbors to the east at the Riverwalk Apartments which are currently under construction, to try and combine their side yard public connectors from the existing on-road Greenway along NW South River Drive and the public Riverwalk, in order to widen the Khan project’s currently proposed eastern side-yard connector’s unobstructed path, which is only 5’ wide and services public bicycle and pedestrian access in addition to cargo from the depicted shipping vessel to the loading docks.

MRC Urban Infill Subcommittee Chairman Murley noted he works for Miami Dade County, whom owns the subject property and has an executed lease to Mr. Khan for the proposed project. Mr. Murley noted Miami-Dade County has the final decision on this item, for which a County Resolution requests a strictly advisory recommendation from the MRC for the County’s consideration.

Mr. Murley suggested the MRC recommend widening the western public sideyard connector / loading area, and reconfirm their following previous unanimous resolution finding the presented Naheem Khan project consistent with the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan subject to the following conditions:

1) Securing all vessel requirements established by U.S. Coast Guard, DERM, etc
2) Securing FDOT permission to construct the public Riverwalk connector to the west on FDOT ROW at the 12 Ave Bridge and removing the storage lot beneath the Bridge
3) The applicant submits presented / amended / updated plans presented to the MRC on 5/6/19 to the City of Miami for permitting
4) The project include the public Miami River Greenway signage required by Miami 21

IV) New Business
Attendees noted Helen Brown is retiring from the Miami-Dade County Planning Department, and thanked her for many years of positive participation with the MRC.

The meeting adjourned.

Miami River Commission’s
Urban Infill and Greenway Subcommittee’s Minutes

I. Consideration of Land Use and Zoning Amendment Applications on South River Drive from 17 Ave to I-836

For reference this agenda item was previously presented to the Miami River Commission (MRC) and the MRC’s October 1, 2018 adopted public meeting minutes state in part:

“Mr. Shedd stated 1543, 1529, and 1515 NW North River Drive in the subject area were recently rezoned from T3 to T4 for a private sector development which provided a voluntary covenant to include a public Riverwalk, new seawall on 16 Ave and improvements to the 16 Ave public greenspace / median. Miami 21 requires new developments to include a public Riverwalk’s in T5 and T6. Attendees noted the subject existing single-family homes will never have to provide a public Riverwalk, yet the City and property owners agreed to requiring a future redevelopment in the proposed up zoned and amendment to the comprehensive plan parcels to include a public Riverwalk.

Attending subject property owners provided a statement of support for the land use and zoning amendments signed by all of the riverfront property owners.
MRC Urban Infill Working Group Chairman Jim Murley suggested the Miami River Commission recommend approval of the item with the condition that any future redevelopment include the public Riverwalk.”

Mr. Shedd stated since the MRC subcommittee meeting, the Planning Department did add on the few remaining T3 parcels in this connected subject stretch of riverfront. Mr. Shedd stated the City has not included changing the public park space to Parks (CS) zoning as recommended by the MRC subcommittee Chair Murley. Mr. Shedd stated instead of a voluntary covenant to require a public Riverwalk if the subject parcels are ever redeveloped in the future, the City will be doing a text amendment to Section 3.11 of the zoning code. Mr. Prieguez stated the potential text amendments to Zoning Code 3.11 should be considered first by the City Commission, and Mr. Shedd replied it hasn’t been drafted yet. The MRC adopted a unanimous resolution to defer this agenda item, and the potential amendments to Zoning Code 3.11, to the MRC’s November 5 public meeting, noon, Lummus Park, 250 NW North River Drive.”

Ryan Shedd, City of Miami, distributed and presented the City of Miami’s application to amend the land use from “Single Family Residential” to “Low Density Residential” and amend the zoning from T3-L to T4-R on riverfront parcels on the Miami River’s south shore depicted on maps essentially from I-836 to NW 17 Ave. In essentially the middle of the subject area several parcels were already approved for the same rezoning, and they offered a voluntary covenant to provide a 20’ wide public Riverwalk. Mr. Ryan stated the City of Miami emailed the subject property owners a voluntary covenant indicating not now, but if the existing houses are demolished and a new development constructed consistent with the new increased T4-R density, that they would voluntarily proffer the connecting 20’ wide public Riverwalk, which maybe closed at night. There is no development proposed at this time, and currently all the subject single-family houses are all separately individually owned. Mr. Shedd stated the most eastern parcel is owned by Miami Dade County, and currently has split zoning of T3-R in a small western portion of the site, and the majority of the site is currently zoned T6-8-L. Therefore, only the small portion of the County site currently zoned T3-R would become T4-R. Mr. Shedd stated he has communicated with Miami-Dade County about this City pending application to amend land use and zoning. Mr. Shedd noted in the future if the area is redeveloped, the City’s Comprehensive Plan requires all new developments on the Miami River to execute and record a Working River Disclosure / Covenant.

Adam Gettinger stated he owns one of the subject properties, thanked the City of Miami for applying to rezone his property, and stated he has already executed and submitted the voluntary covenant to provide the public Riverwalk in the future if his site is ever redeveloped to the density of the proposed increased T4 zoning density. Mr. Juaquin Mejuto noted he owns 1459 NW South River Drive (small vacant triangle which does not have a house) and does not want to sign the voluntary covenant preferring in the future to include the public Riverwalk only if the site is ever redeveloped per the potential new increased zoning density.

Mr. Carlos Salas, President of the Spring Garden Civic Association, stated the City of Miami should not allow the potential for these property owners to ask for a 30% reduction in parking if the site is ever redeveloped. Mr. Shedd stated this area may already be ineligible to seek a parking reduction, and he would check and let Mr. Salas and the MRC know of his findings.

Attendees referenced an October 2018 email from Miami Dade County, which was forwarded to the City of Miami stating:
“the Department of Transportation and Public Work (PTPW) is taking the necessary steps to replace the NW 17th Avenue Bridge over the Miami River. The new bridge will have a wider typical section as well as wider approach roadway and intersections to the south and north of the bridge….The Department is certain that the (5) five parcels (west of 17 ave) will be required for the project.”

MRC Chairman Murley suggested the MRC recommend approval of the City of Miami’s subject application to amend land use and zoning, subject to the condition that all included parcels submit the signed voluntary covenant for the future public Riverwalk, and any parcels which do not submit the signed covenant to the City of Miami before 2nd reading at City Commission, be removed from the City of Miami’s pending application.

II. Consideration of Plans for 517 - 663 NW South River Drive

John Michael Cornell stated he will be recusing himself from this issue, as he is employed by Zerby Interests. Chairman Murley suggested when Mr. Cornell recuses himself at the full MRC public meeting when this item is considered and voted on, that he leave the room.

Chairman Murley asked MRC Director Bibeau if this site had previously been considered by the MRC, and MRC Director Bibeau noted the MRC’s adopted November 1, 2004 public meeting minutes stated, “the MRC found the proposed project to be in the best interest of this particular site and area of the Miami River, by a vote of 10-3”. Therefore, in January 2005 the MRC recommended approval of the then presented “Nautica on the River” development Major Use Special Permit, land use amendment, and zoning amendment, which the City Commission approved to the current designations. Director Bibeau noted the MRC’s adopted November 1, 2004 public meeting minutes state in part, “publicly accessible Riverwalk featuring a 6-foot-wide unobstructed pedestrian path and an additional 5-foot passive zone with landscaping, lighting, etc., which would be constructed and funded by the potential developer. The building is setback 15-20 feet from the Miami River’s shoreline.” The previously approved “Nautica on the River” design for the site is being replaced with the applicants distributed plans for “Riverhouse 555”, and in comparison, the new public Riverwalk and waterfront building setbacks have increased in the current design.

Carlos Diaz, Greenberg Traurig, and Laura Weinstein Berman, Vagabond, distributed and presented 10 copies of their current plans for “Riverhouse 555”, and a set of the previously approved plans for “Nautica on the River”. The presented plans are consistent with the current land use and zoning, and feature 175 hotel rooms, 39 residential units, offices, and 2 restaurants with no outdoor dining. The applicants stated in theory the existing zoning would allow 400 residential units, which is far greater density than is being proposed. The applicants stated they will retain a professional sound engineer and the restaurants will not be loud because they can’t disturb the immediate sites hotel rooms, residences and offices. The applicants stated they will provide the Comprehensive Plans required “Working River Disclosure / Covenant”, they currently have a n active Marine Operating Permit with 6 commercial boat slips and are asking for an amendment to have 10 boat slips, located outside of the federal navigable channel. Mr. Diaz stated consistent with the current zoning they are paying the City of Miami $1,000,000 to purchase additional height to 12 stories on a portion of the building. MRC Director Bibeau noted in previous proposals which purchased additional height via the “Public Benefits” program, the MRC has always recommended the City of Miami use the funding for “Public Benefit” projects located within the subject project’s impacted Miami River District.

Carlos Salas, President of the Spring Garden Civic Association (SGCA), stated they met with the applicants on May 8 in Spring Garden. Mr. Salas stated the SGCA was concerned about the proposed developments height, 3 restaurants with outdoor seating, roof top pool and bar, and waiver requests to reduce parking, narrow the public Riverwalk and waterfront building setback. The SGCA is asking the applicants to enter into a voluntary covenant with them to reduce the proposed developments height, prohibit outdoor dining, limit noise, and not reduce parking by 30% as proposed. Mr. Salas cited a news article reporting a 30% ridership reduction on Miami-Dade Transit, and noted the proposal does not include an Uber drop off and pickup location located off of the narrow NW South River Drive.

Mr. Salas read and distributed a letter from Dr. Ernest Martin:

“I would like to express my opposition to the project, 555 River House, located at 516-663 NW South River Drive for the following reasons:
(1) The project is too close to the 8-story residential building to its immediate west which is already under construction
(2) The height of the project is overwhelming to its surroundings and specifically to the Spring Garden Historic District directly across the River. The proposed project will create a canyon effect and will carry noise up and down the River.
(3) It is inappropriate to allow outdoor dining on the ground floor level along the River with residences nearby. There should be no outdoor dining.
(4) The rooftop pool and bar are also problematic for the same reason. Noise is a huge concern for all nearby residents.
In conclusion, the project is simply too dense, too tall, and has amenities that are inappropriate and incompatible for this area of the Miami River.”

Amanda Hand, Spring Garden Civic Association, stated the proposal was seeking 9 waivers, and a reduction in the City of Miami zoning code’s required minimum width of the public Riverwalk and waterfront building setback which must be considered by the City Commission. M.S Hand stated the proposal includes outdoor dinning on the rooftop, and there are 2 precedents where the City required an outdoor dinning waiver for rooftops, therefore she feels the proposal should require an application for an outdoor dinning waiver, which is not currently included. In addition, she anticipates that in the future the site will need an outdoor dining permit for the riverfront elevated “public terrace” areas, which are directly adjacent and connected to the proposed indoor restaurant spaces. Ms. Hand noted:

1. Waiver 4 for a 30% parking waiver. This waiver is prohibited within 500 feet of an ungated T3. Spring Garden is an ungated T3 within 500 feet, and thus, the waiver is illegal. The only distance that is measured in walking distance is alcohol distance from schools and churches, because it is specifically provided that it is a walking distance. The project proposes a 30% parking waiver within .5 miles of a TOD, measured radially. You can’t argue that one distance is radial, and the other is walking. Therefore, this waiver is illegal.
2. Waiver 7 regarding loading: There are 175 hotel rooms, and 150k sq. ft. of office and commercial with one commercial loading bay. This cannot be sufficient, and it is an Epic Hotel repeat.
3. Waiver 8 and 9: It’s unclear if you are matching dominant setbacks on the Street or River side of the property. There are no dominant setbacks on the River side to match. Further, the setback modifications are greater than 10% for a waiver.

a. Riverwalk. The argument is that you can only squeeze out 10 feet of Riverwalk at the “pinch points” but that it shouldn’t be an issue because there is abutting public space. It appears the reason that the proposal does not include the public space in the required Riverwalk dedication is because that public space is the future outdoor restaurant. There are tables and chairs on a couple of the sheets.
b. The building is overbuilt overall because you are requesting a modification of every setback, so it is (almost) 100% lot coverage.

4. Rooftop- there is 34,000 square feet of open rooftop space. I understand it is your position that the rooftop restaurant and bar doesn’t require a warrant, but I respectfully disagree. As examples of recent warrants for rooftop venues- the Langford Hotel and Aura.

Mr. Salas asked the MRC subcommittee to defer this item currently under consideration, and defer placing the item on the MRC public meeting agenda until after the applicants agree in writing to all the Spring Garden Civic Associations requests. Attendees noted the applicants deferred their presentation to the MRC subcommittee in April, in order to 1st accept the Spring Garden Civic Association’s invitation to meet with them, which occurred on May 8, and again at this MRC subcommittee public meeting. The applicants stated they did not want the item to be deferred a 2nd time today. MRC Urban Infill Subcommittee Chairman Murley stated he will not defer the item under consideration. Attendees noted even if the item is placed on the MRC’s June 3 public meeting agenda, The Spring Garden Civic Association is always personally and cordially invited in writing to every public MRC meeting, and anyone has the right to suggest a deferral, revisions, etc., at that time, which may be granted by a majority vote of the MRC. MRC Urban Infill subcommittee Chairman Murley noted the applicants and Spring Garden Civic Association have several different interpretations of what the City Code allows and requires, and the City of Miami is not present to clarify these issues, therefore he is unable to make a non-binding suggestion on this item to the full MRC for their advisory recommendation.

III. Consideration of Plans for 710-760 NW North River Drive

Mr. Ben Fernandez, Bercow, Radell, Fernandez and Larkin, and Architect Hervin Romney, distributed and presented 10 copies of plans for 2 developments, 710-720 NW North River Drive and 750-760 NW North River Drive, which are separated by the vacant 730-740 NW North River Drive in the middle, which they do not own. One of the buildings has 8 residential units and the 2nd building features 10 residential units, with 4 parking spaces per unit. The proposal does not include any vessel dockage; therefore, they will remove the docked boat depicted in the plans. Mr. Fernandez stated the proposal is 100% as of right, with no requested variances, waivers special exceptions, etc.

Mr. Carlos Salas, President of the Spring Garden Civic Association stated they recommend:
1) Increased privacy and size of the 4 side yards
2) More landscaping and more native plants
3) Narrow the 8’ balconies

Ms. Amanda Hand, Spring Garden Civic Association, stated as depicted on page 2 of the plans, the private property includes significant square footage of “submerged land” or water in the Miami River, which is incorrectly being calculated as part of the site’s required “Open Space”. Ms. Hand stated the City code only allows actual land to be counted towards the zoning code’s minimum open space requirement, and does not allow counting of square footage in the Miami River. Ms. Hand stated this flaw resulted in the current proposal for 0’ building setbacks on the 4 side yards.

MRC Urban Infill Chairman Murley recommended approval of the subject developments with a condition that the applicant make revisions to the plans to demonstrate maximum privacy and or building setbacks on the 4 side yards, beyond the minimum requirements of code.

IV. Consideration of Land Use and Zoning Amendment Applications for 1250
NW 22 Ave

Prior to the meeting the applicant emailed asking for a deferral of their item to the MRC subcommittee’s June meeting, followed by the full MRC’s July 1 public meeting.

V. New Business
The meeting adjourned.

Miami River Commission’s
Urban Infill and Greenway Subcommittee’s Minutes

I. Consideration of Land Use and Zoning Amendment Applications for 1250 NW 22 Ave

Ms. Joanna Wiela, the President of the Polish American Club of Miami, and Mr. Jack Schindler, Schindler Architects, distributed and presented a package including renditions, ownership affidavit, representation affidavit, letter of intent, etc. Currently the site is located on the north shore of the North Fork tributary, just west of the low fixed 22 Ave Bridge, and the structure is vacant. The applicants stated their proposed “White Eagle” mixed-use development would require a land use amendment and a zoning amendment from T5 to T6-24. The applicants stated the proposed development is consistent with City of Miami Zoning Code Miami 21, Section 3.11 and appendix B, because the proposed building is setback 50’ from the proposed new seawall, and features a publicly accessible 25’ wide Riverwalk. Mr. Schindler stated the proposed development has commercial, office, restaurant, retail and facaded parking on floors 1-5 (115,063 square feet office, 6,626 square feet of retail and 432 parking spots) and 204 residential units on floors 6-18. Mr. Schindler state the application will include an outdoor dining waiver / warrant / permit for the proposed outdoor dining on the ground floor adjacent to the public Riverwalk (in the 25’-50’ waterfront building setback area) and on the rooftop restaurant. Mr. Schindler stated they propose a 20’ building setback from the neighbors on the north and west. The applicants offered to partner with the Chopin Foundation for music performances in the City’s nearby Fern Isle Park. The applicants stated they haven’t met yet with the Durham Park Neighborhood Association (riverfront single family neighborhood located east of 22 Ave) but agreed to do so before presenting to the full Miami River Commission. The applicants stated they are on the way to solving ownership issues, that the Polish American Club of Miami and its submitted list of members own the property and they are settling one lien with one person which they are in the process of settling with now. The applicants referred this matter to their attorney whom wasn’t present, Richard Balko.

Miami River Commission Urban Infill Subcommittee Chairman Murley stated the proposed amended comprehensive plan and zoning’s new mass is a significant increase to a new proposed density which would be much larger than the surrounding neighborhood.
MRC Urban Infill Chairman Murley recommended this item be deferred to the MRC subcommittee’s July public meeting, possibly followed by the full MRC on September 9.

II. Consideration of Plans for 517 - 663 NW South River Drive

John Michael Cornell stated he will be recusing himself from this issue, as he is employed by Zerby Interests, and attendees noted he never has a vote at subcommittee.

Iris Escarra, Greenberg Traurig, and developer Avra Jain distributed and presented revised / current plans (draft #4) for “555 River House”. Ms. Escarra noted this site had previously been considered by the MRC on November 1, 2004 and the public meeting minutes stated, “the MRC found the proposed project to be in the best interest of this particular site and area of the Miami River, by a vote of 10-3”. Therefore, in January 2005 the MRC recommended approval of the then presented “Nautica on the River” development Major Use Special Permit, land use amendment, and zoning amendment, which the City Commission approved to the current designations. Director Bibeau noted the MRC’s adopted November 1, 2004 public meeting minutes state in part, “publicly accessible Riverwalk featuring a 6-foot-wide unobstructed pedestrian path and an additional 5-foot passive zone with landscaping, lighting, etc., which would be constructed and funded by the potential developer.” The previously approved “Nautica on the River” design for the site is being replaced with the applicants distributed plans for “555 River House”, and in comparison, the new public Riverwalk proposed width has increased in the current (draft #4) plans. Subsequently the MRC’s Urban Infill and Greenways subcommittee considered “draft #2” of the “555 River House” plans on May 17, 2019 (public meeting minutes were distributed) and on June 3 the full MRC considered and deferred “draft #3” of the “555 River House” plans to the June 10 MRC subcommittee public meeting, followed by returning to the next MRC public meeting on July 1, noon 1407 NW 7 ST.

Ms. Escarra stated the presented plans are consistent with the current land use and zoning, and feature 175 hotel rooms, 39 residential units, offices, and 2 restaurants with no outdoor dining. The applicants stated in theory the existing zoning would allow 400 residential units, which is far greater density than is being proposed. Ms. Escarra noted the distributed 4th draft plans removed the rooftop grill. Ms. Avra Jain stated they will retain a professional sound engineer, communicate and meet with the neighbors, and the 100% indoor restaurants will not be loud, and there will be no outside music, because they can’t disturb the immediate sites hotel rooms, residences and offices. The applicants previously provided the Comprehensive Plans required “Working River Disclosure / Covenant”, they currently have an active Marine Operating Permit with 6 commercial boat slips and are asking for an amendment to have 10 boat slips, located outside of the federal navigable channel. The plans include an Uber drop off and pickup location located in the center round-about, off of the narrow NW South River Drive. Ms. Escarra stated consistent with the current zoning they are paying the City of Miami $1,000,000 to purchase additional height to 12 stories on a portion of the building. MRC Director Bibeau noted in previous proposals which purchased additional height via the “Public Benefits” program, the MRC has always recommended the City of Miami use the funding for “Public Benefit” projects located within the subject project’s impacted Miami River District.

The following emails were read into the record:

From: Calleros Gauger, Jeremy <JCallerosGauger@miamigov.com>
Sent: Monday, June 10, 2019 9:52 AM
To: brettbibeau@miamirivercommission.org
Cc: Ruiz, Joseph A. <jaruiz@miamigov.com>
Subject: Re: 555 Riverhouse

Brett,
I communicated with staff from zoning and planning.
Summary is that staff has reviewed that the application is complete, but has not yet been reviewed for compliance.

Regarding specific issues:
1. As it is currently designed with a kitchen, tables and bar on the roof level, it would require a warrant for outdoor dining. However, the applicant has an opportunity to redesign in order to avoid this process.
2. Parking waiver may be applied for, but staff needs additional review before it is accepted.
3. Yes, the applicant may purchase additional FLR by right.

Due to the ability of the applicant to alter the application due to comments from staff, the application shouldn’t be considered finalized. I encourage the MRC to proceed with review so that applicable comments from the board can be incorporated with staff’s review.

Best regards,
Jeremy Calleros Gauger, AIA, LEED AP
Deputy Director
Planning Department”

“From: Calleros Gauger, Jeremy <JCallerosGauger@miamigov.com>
Sent: Monday, June 10, 2019 2:36 PM
To: brettbibeau@miamirivercommission.org

Brett,
The version that I have seen still shows an enclosed area that appears to be a kitchen labelled “grill” on the pool level. If there is a later set of drawings with no kitchen nearby, a warrant would not be required. Please keep in mind that I am not the reviewer and that none of these versions is finalized until it is batch-stamped and officially noticed. This project may still be subject to change based on staff comments that are still forthcoming. It is difficult or impossible to speak speculatively on a non-finalized project, but as a rule: a warrant is required for outdoor dining on a rooftop. However, if a pool deck has some incidental food service but is not a dining area, it will not require a warrant.

As I said, this is all subject to change and in many cases, applicants change drawings and proposed projects based on the permits which may be required.

Best regards,
Jeremy Calleros Gauger, AIA, LEED AP
Deputy Director
Planning Department
Office: 305-416-1427
Visit us at www.miamigov.com/planning.”

Carlos Salas, President of the Spring Garden Civic Association (SGCA), stated they met with the applicants on May 8 in Spring Garden. Mr. Salas stated the SGCA was concerned about the proposed developments height, noise from 3 restaurants, roof top pool and bar, and waiver requests to reduce parking, narrow the public Riverwalk and waterfront building setback. The SGCA is asking the applicants to enter into a voluntary covenant or agreement with them to reduce the proposed developments height, prohibit outdoor dining, limit noise, and not reduce parking by 30% as proposed. Mr. Salas cited a news article reporting a 30% ridership reduction on Miami-Dade Transit. Attendees agreed more Marine Patrol and Police are needed on the Miami River.

Attendees discussed the public Riverwalk cross sections and waterfront building setbacks depicted in the current 4th draft plans, on pages G102a (originally in 3rd draft version) and G102b (4th draft version). The third draft version, page G102a, depicts a 9’-10’ wide “Elevated Public Terrace” with no outdoor dining, as a part of the total 25’-31’ foot wide public Riverwalk (minimum 25’ wide public Riverwalk required by City code). The 4th draft version, page G102b, encloses the “Elevated Public Terrace”, which is absorbed into the now larger indoor restaurant, which reduces the total public Riverwalk width to 18’-32’ and the waterfront building setback 32’ minimum required by code, would be reduced to 18’-32’. The plans also depict that the proposed public ground floor open space is 24,538 square feet, which exceeds the minimum 15,780 city code required public ground floor open space by 155%. The requested reduction of the widths of the public Riverwalk from 25’ to 18’, and the requested reduction of the width of the waterfront building setback from 32’ to 18’, will be considered by the full City Commission. Ms. Jain and Ms. Escarra stated they are seeking input on the newer page G102b’s enclosure of all 3 of the “Elevated Public Terraces” in order to try and secure the support of the Spring Garden neighbors, if the reduction in the previously planned 25’ wide public Riverwalk, which is the minimum width required by the City Code, is agreed upon by the MRC and City of Miami. Mr. Carlos Salas, President of the Spring Garden Civic Association, stated at this time they are still in opposition to the proposal, and the parties remain in negotiations. Mr. Salas recommended expending the $1,000,000 in public benefits to provide traffic calming measures in Spring Garden. Ms. Jain and Ms. Escarra stated they would further consider widening the public Riverwalk.

Miami River Commission (MRC) Subcommittee Chairman Jim Murley suggested the MRC recommend approval of “555 River House” with the following conditions:
1) Provide the City of Miami Zoning Code’s required minimum 25’ wide public Riverwalk
2) Support ongoing conversation between the applicants and Spring Garden neighborhood, and support mutually agreeable consensus if possible
3) Marine Operating Permit required before City issues Temporary Certificate of Occupancy
4) Construct the public Riverwalk and execute /record the public Riverwalk / Working River Voluntary Covenant before City issues Temporary Certificate of Occupancy
5) Expend the $1,000,000 for “public benefits” within the impacted Miami River District
6) Designate a “Noise Complaint Person of Contact”, and become an operational solution model

III. New Business

The meeting adjourned.

I. Update for the Downtown Development Authority’s “Baywalk & Riverwalk Unifying Design Elements & Waterfront Design Guidelines”

Mr. Neal Schafers, Downtown Development Authority (DDA), distributed and presented an 18-page summary of the “Miami Baywalk & Riverwalk Unifying Elements & Waterfront Design Guidelines”, drafted by Savino Miller Design Studio, and provided a copy of the full draft document which is under review by the City of Miami Planning Department. Mr. Schafers stated Patrice Smith, DDA, will present the item to the full MRC on October 7, noon, 1407 NW 7 ST, when he is considering recusing himself from the item.

Mr. Neal Schafers stated the DDA is asking the City Commission to adopt the draft “Miami Baywalk & Miami Riverwalk Unifying Design Elements & Waterfront Design Guidelines” document, and make related amendments to Miami 21’s “Waterfront Standards” in Section 3.11 and Appendix B (yet to be drafted or presented). The draft “Miami Baywalk & Miami Riverwalk Unifying Design Elements & Waterfront Design Guidelines” includes:

• “Updated Logo, Signage & Wayfinding”
• “Lighting”
• “Paving and Hardscape”
• “Site Furnishings”
• “Native Landscape”

Mr. Schafers stated due to regulatory agency input, the section of the document entitled “Seawall and Bulkhead Treatments” therefore they will not be seeking any amendments to the code’s current requirements in that regard.

Mr. Schafers’ distributed “Next Steps” estimates the draft “Miami Baywalk & Miami Riverwalk Unifying Design Elements & Waterfront Design Guidelines” document will be considered by the City of Miami Planning, Zoning and Appeals Board (PZAB) in November, and the City Commission in December.

MRC Urban Infill Subcommittee Chairman Murley suggested a comprehensive maintenance, safety, and activity programming for the Riverwalk and Baywalk, coordinate the connections between the Baywalk and Underline via the Riverwalk, and that the required elements in “Section 1” be accepted and approved by the MRC to recommend to the City Commission.

II. Preliminary Informational Discussion Regarding the Future U.S. Army Corps of Engineer’s “Miami-Dade Back Bay Coastal Storm Risk Management Feasibility Study”

MRC Urban Infill Chairman Murley, whom is Miami-Dade County’s Chief Resilience Officer, distributed and presented the following 2 U.S. Army Corps of Engineers documents:

1. “Miami-Dade Back Bay Coastal Storm Risk Management Feasibility Study’s Process, Key Decision & Product Milestones”
2. “Miami Dade County Coastal Storm Risk Management Feasibility Study” summary

MRC Urban Infill subcommittee Chairman Murley stated the Army Corps of Engineers provided the full $3 million to conduct this nearly 3-year study, which commenced in January 2019, and is estimated to be complete in September 2021. Miami Dade County is serving as the “Local Project Sponsor”. Chairman Murley explained the U.S. Army Corps of Engineer’s “Miami-Dade Back Bay Coastal Storm Risk Management Feasibility Study” is required to be complete in order for projects addressing Storm Surge to become eligible for a potential 65% federal cost share. The Study will include, “Management Measures for Consideration” designed to protect real estate and critical facilities in vulnerable communities from storm surge, in the following three categories:

1. Structural
• Floodwall / Levees
• Surge Barriers
• Bulkheads
• Deployable Floodwalls

2. Nonstructural
• Higher Floodplain Standards
• Enhanced Warning System

3. Natural and Nature Based
• Wetland Restoration

The federal Government provided the majority of the funding for existing “floodwalls” and “surge barriers” in New Orleans and Norfolk Virginia. The study will identify, “Problems, Opportunities, Objectives, Constraints & Considerations”, and includes a cost benefit analysis. Mr. Murley stated Miami-Dade County and the U.S. Army Corps of Engineers wants the involvement of the Miami River Commission and general public. MRC Urban Infill subcommittee Chairman Murley stated he is inviting the Army Corps of Engineers to present at a future MRC public meeting, perhaps on November 4, noon, 1407 NW 7 ST.

III. City of Miami’s New Waterfront Public Park on the North Shore of the Miami River’s South Fork Tributary, 2304 NW 14 ST

Brett Bibeau, Managing Director, MRC, distributed copies of the City of Miami’s Plans for a new waterfront public park on the North shore of the Miami River’s South Fork Tributary, 2304 NW 14 ST. The MRC previously recommended relocating the historic Tamiami Canal Swing Bridge to this location which has occurred, and will serve as a bike / ped bridge connecting the existing Fern Isle Park on the south shore with the subject new park site on the north shore. The plans include:

• Public Riverwalk
• Kayak / paddleboard launch
• Outdoor exercise equipment area
• Multi-use field
• Existing oak forest
• Curved benches
• Public art
• Shoreline stabilization
• Picnic tables and shelters
• Restroom building

The City of Miami’s subject plans are currently out for construction bids; therefore, the City of Miami is currently under the “Cone of Silence”. The City of Miami will present the item to the full MRC’s public meeting when the “Cone of Silence” is lifted, perhaps on October 7 or November 4.

IV. New Business
The meeting adjourned.

I. FDOT Update Regarding 1 ST Bridge Replacement

Sergies Duarte and Art Perez on behalf of FDOT, and Hakan Dalkiran, GLF, provided the following update regarding the ongoing replacement of the 1 ST Bridge.

• East side of the Miami River:
o Crews are drilling in preparation for installing metal sheet piles for the cofferdam.
o Excavation of the cofferdam is scheduled to take place as early as next week.
o No hammering is scheduled to take place overnight.

• West side of the Miami River:
o Crews are installing concrete piles for the new bascule piers.
o During the overnight shift, crews are unloading, preparing and setting the concrete piles.
o Crews continue excavating the channel during overnight hours.
o No hammering is scheduled to take place overnight.

• Crews are installing the new sidewalk and driveways along the north side of SW 1 ST, between SW 6 Ave and SW 5 Ave.

Mr. Duarte stated he would provide the updated Maintenance of Traffic Plan to be provided as backup for his presentation to the full MRC on 12/2, noon, 1407 NW 7 ST.

Mr. Duarte stated The U.S. Coast Guard has approved FDOT’s request for a full closure of the Miami River’s Federal Navigable Channel to all boats, starting the evening of Tuesday, November 19, 2019 at 8 p.m. through Wednesday, November 20, 2019, at 6 a.m.
The related U.S. Coast Guard’s advertised Notice to Mariners states:

"FLORIDA - EAST COAST - WEST PALM BEACH TO MIAMI - MIAMI RIVER- SW 1ST STREET BRDIGE: Bridge Replacement UPDATED:

GLF Construction Corporation was contracted by the bridge owner, Florida Department of Transportation (FDOT), to commence construction of a new bridge that will replace the SW 1st Street Bridge across the Miami River, Mile 0.9, in Miami, Florida. Construction is scheduled to begin on May 20, 2019 and continue through Summer 2022. Demolition and removal of the existing bascule piers continues from the land side with no anticipated restrictions to the channel. The installation of sheet piles for the new cofferdam on the west side has been completed and excavation of the new cofferdam is ongoing. Sheet pile testing for the new cofferdam on the east side is ongoing and installation is expected to begin the week of September 16. The new seawall (combination wall) has been completed on the east side and west side. As early as September 23, 2019, the contractor will move forward with excavating (dredging) the channel. While a barge will be in the channel for the channel excavation operation, no impacts to the channel restricting the current horizontal navigational clearance are anticipated. As early as October 28, 2019, the contractor will perform the submarine cable installation and in order to perform this work, half of the channel will be temporarily restricted at a time. The contractor will coordinate with USCG Sector Miami prior to any channel closures and/or restrictions and will provide adequate notice to the public. For project information, please contact Community Outreach Specialist Sergies Duarte at sergies.duarte@dot.state.fl.us or 305-216-3617 If you have any questions regarding the waterway, please contact USCG Sector Miami Waterways Division Chief, LT Samuel Rodriguez-Gonzalez at (305) 535-4307, email samuel.rodriguezgonzalez@uscg.mil

UPDATE 1

Beginning October 14, 2019 and running through November 15, 2019, between the hours of 7 a.m. to 7 p.m., GLF will be utilizing a long reach excavator which will be positioned by the bulkhead to excavate the channel. Alternatively, GLF is planning to utilize a crane with clam shell bucket for some of the specific areas of excavation as deemed necessary. Subject operations will be supported by a scow barge that will be positioned by the bulkhead without interfering horizontal channel clearance. In addition, GLF will be placing spotter during the operation and in the event approaching vessel is noticed operation will be eased, subsequently the bucket and barge will be moved out of the channel to provide unrestricted 75ft horizontal clearance.

UPDATE 2

The Coast Guard has approved a request for a full channel closure starting the evening of Tuesday November 19, 2019 at 8 p.m. through Wednesday November 20, 2019 at 6 a.m."

Mr. Dalkiran, GLF (bridge construction contractors), indicated that by the following morning (Dec. 7) he would know whether or not FDOT needs to ask the U.S. Coast Guard to approve a delay in the aforementioned previously approved closure of the Miami River’s Federal Navigable Channel. Project is estimated to be complete ahead of schedule, in Summer 2021.

II. FDOT Update Regarding Brickell Bridge Project

On behalf of FDOT, Sergies Duarte provided an update regarding the Brickell Avenue Bridge Rehabilitation Project. The project is scheduled to start 1st week in February 2020, and includes:
• Adding pedestrian gates
• Repairing mechanical and electrical bridge components
• Painting the bridge
• Replacing lighting at the Tequesta family sculpture, bridge barrier and Riverwalk

MRC Urban Infill Subcommittee Chairman Murley recommended including cleaning of the artistic metal freezes on the Brickell Bridge, featuring Marjory Stoneman Douglas, Henry Flagler, etc.

Mr. Duarte stated the project will include temporary vehicular lane closures, and he will email the maintenance of traffic plans as backup for this agenda item on the MRC’s Dec. 2 public meeting, noon, 1407 NW 7 ST.

Mr. Duarte stated FDOT will be asking the U.S. Coast Guard for closures of the Miami River’s Federal Navigable Channel, and he will provide those dates ASAP.

MRC Managing Director Brett Bibeau stated after years of archeological study, permitting, digging, etc., the unimproved area beneath the south side of the Brickell Bridge has essentially been approved for the Miami Parking Authority to fund and construct a connecting section of the public Riverwalk and needed public paid parking. The subject area will be used as staging for the “Brickell Avenue Bridge Rehabilitation Project”, and then when the project is completed the MPA should be allowed to proceed. Mr. Bibeau added the MPA funded section of the public Riverwalk will connect with the existing public Riverwalk continuing east at Miami Circle Park, and to the approved public Riverwalk continuing to the west at “One Brickell”, which the press recently reported is planning to commence construction.

III. Consider Draft Plans for 301-311 NW South River Drive

Steve Wernick Esq, Wernick and Co., and Arturo Ortega, Property Owner, distributed and presented plans “Marine Related Commercial Building with Ancillary Food Service Establishment”, and a letter of intent, for 301- 311 NW South River Drive. The letter of intent states in part:

“Wernick & Co. represents Puntallana, LLC (the “Applicant”), the owner of the properties located at 301 & 311 NW South River Drive,1 along the south side of the Lower Miami River in the Riverside Neighborhood of Little Havana (the “Subject Property”).

Applicant is proposing to improve and re-activate the subject Property, including construction of a new boutique 6-story marine-related commercial building to contribute to the working waterfront economy of the Miami River & renovation and adaptive use of an existing 2-story warehouse building for use as a food service establishment with indoor/outdoor dining.”

As detailed on the plans prepared by DLW Architects (October 2019), the Project includes construction of a new primary use marine-related 6-story commercial building at 301 NW South River Drive with the adjoining building at 311 NW South River Drive to be restored,
renovated and adapted as an ancillary food service establishment. The buildings will complement one another with a spacious hardscaped open space accessible to the public from NW South River Drive.

The applicant has signed a lease with NuMarine to be the tenant of the new 6-story marine related commercial building developed specifically for its marine-related business - relocating its Miami footprint and corporate sales office from Doral to the Lower Miami River.

NuMarine is a premier yacht builder doing business around the world, with a reputation for designing and developing state of the art motor yachts. From its corporate website:

“Continuing to impress the motor- yachting world with ground breaking and innovative designs. Numarine is the number one choice for owners who value individualism with the need to stand out in the crowd. . . . The highly creative in-house design team will work with you to create the perfect concept and decor suited to your needs. Numarine uses the very latest in vacuum infusion technology and composite materials to produce an extremely rigid, lightweight and incredibly strong hulls keeping ahead of the game.”

The ground floor will include a yacht sales center - with direct rear access by employees and customers to the waterfront to view and tour yachts that might be moored on site, and anticipates including a mechanic’s shop for customer boat repairs. The upper floors will blend the sales center with supportive office space and back of house functions.2 The building façades are presented with ample glazing adorned with a green wall system. The plans include a significant increase in the number of trees and landscaping on site.

At 311 NW South River Drive, the Applicant is proposing to retain and renovate the existing structure, integrating a food service establishment on the ground floor.3 The portion of the building closest to the rear property line—previously walled off from the Miami River—is being converted into a modest covered terrace dining area and enhanced access to the waterfront.

The Project includes a family-friendly rooftop observation deck that has views of the Miami River and yachts moored here in connection with the sales center, intended to enhance public interaction with the waterfront and invite locals and visitors alike to experience the Miami River and all it has to offer. However, the Applicant has committed to restricting outdoor dining to the ground level. There will be no outdoor seating area or alcohol sales on the roofdeck.”

1 The subject Property has the following corresponding tax folio number: 01-0200-010-2040; 01-0200-010-5010.
2 The building proposed to be constructed at 301 NW S River Drive and the marine related commercial establishment is by Right within the D3 transect zone, and will proceed under separate permit from 311 NW S River Drive.
3 Use is permitted by Warrant in D3 Transect Zone per Miami 21 Article 4, Table 3.

---

Mr. Wernick stated the project is consistent with:
• Current D3 Marine Industrial Zoning (Administrative Warrant Required for Accessory Restaurant)
• Current “Port Miami River” sub-element of the Comprehensive Plan
• Miami River Corridor Urban Infill Plan

Mr. Wernick and Mr. Ortega stated they previously met with Mark Bailey, Executive Director of the Miami River Marine Group, and Carlos Salas, President of the Spring Garden Civic Association, and provided them with the subject draft plans. In addition, Mr. Wernick distributed the draft voluntary “Declaration of Restrictions” they previously provided the Spring Garden Civic Association, which states in part:

“There shall be no outdoor dining operated after sunset by the restaurant on the rooftop observation deck proposed for the existing building on the 311 Parcel;

and b. There shall be no outdoor alcoholic beverage sales after sunset at the Property, except in designated ground level dining areas;

and c. There shall be no operation of any portable sound-making device or instrument, or the playing of any band, orchestra, musician or group of musicians, where the noise or music is plainly audible at a distance of 100 feet from the Property;

and d. Owner shall engage a qualified sound engineer to verify that the proposed operations of the food service establishment, including but not limited to any sound amplification system installed on the Property, complies with all standards and criteria as set forth in Chapter 36 of City of Miami Code of Ordinances (the “Noise Ordinance”) prior to issuance of a TCO or CO for the Property.”

Mr. Wernick and Mr. Ortega indicated they were willing to add into their offered voluntary restrictive covenant to the Spring Garden Civic Association an additional restriction of no outdoor dining on the rooftop observation deck at any time, neither day nor night. They noted originally the concept included outdoor dining on the rooftop, but they agreed to remove it when the Spring Garden Civic Association objected.

Mr. Mark Bailey, Miami River Marine Group, and Ms. Rosy Noguera, Antillean, asked how many docked vessels are included in the proposal. Mr. Wernick and Mr. Ortega replied DERM issued a current Marine Operating Permit for the subject area with 4 boat slips, 2 of which are intended to be used by Nu-Marine and 2 of which are proposed to be used by the Ancillary Food Services Establishment. Everyone noted and agreed that the Miami River turns at this location, which effects vessel navigation. Attendees noted the Law requires no more than 2 boats “rafting” to each other when docking, and observed that directly across the Miami River from this site are Riverfront restaurants Seaspice, Casablanca, Garcia’s, and Kiki’s River, which also frequently have docked vessels, further restricting navigation at this location. Mr. Wernick and Mr. Ortega stated they will include restrictions in the Nu-Marine and Restaurant leases prohibiting rafting more than 2 vessels, and provide the Comp Plan required “Working River Disclosure” which will also reflect the fact they want to maintain their current Marine Operating Permit for 4 boat slips. In addition, they noted the proposal includes improves to a portion of the seawall in order to allow for vessel docking.

Mr. Wernick stated as reflected in the distributed letter of intent per City Code (Miami 21 Art. 7.2.8):

“the Project does not require on-site parking. For 301 NW S River Drive, the Project is below 10,000 square feet in floor area and within ¼ mile of a Transit Corridor and thus qualifies for exemption from parking requirements under Art 4, Table 4. For 311 NW S River Drive, the applicant proposes an adaptive reuse of an existing non-conforming structure, with no new floor area being constructed on site. This will allow the Project to present a pedestrian-oriented environment directly abutting the riverfront and minimize heat island effects.

Although the Project does not require additional parking spaces be provided for zoning compliance, as referenced further below, the Applicant is making arrangements for valet parking service and an off-site surface parking lot location within 1,000 feet of the site. Visitors will also have access to on-street parking in the area."

Mr. Carlos Salas, President of the Spring Garden Civic Association, distributed a letter stating:

“The Spring Garden Civic Association Board, by unanimous vote, opposes the proposed conversion of the existing structure located at 301 NW North River Drive into a ground floor restaurant with a rooftop through a warrant. We support maintaining the existing D3 Marine Industrial zoning. We also oppose new construction of a 6 story building with no parking and no Riverwalk.”

Mr. Salas stated the proposal needs on-site parking, the Spring Garden Civic Association is opposed to a restaurant, and the proposed primary marine industrial use is a “ruse”. Mr. Salas stated the proposal is inconsistent with the Miami River Corridor Urban Infill Plan, City Zoning Code, and Comp Plan, therefore asked the advisory MRC subcommittee Chairman Murley to not consider and defer the item. Mr. Wernick and Mr. Ortega stated this item was previously scheduled to be presented to the MRC subcommittee in October, followed by the full board in November, but at the request of the Spring Garden Civic Association they voluntarily deferred their item to be considered during the MRC subcommittee’s November public meeting, followed by the full MRC’s December 2 public meeting (noon at 1407 NW 7 ST). Mr. Wernick and Mr. Ortega stated on October 24 they met with Mr. Salas and provided him the proposed plans, and subsequently emailed him their distributed voluntarily proffered “Declaration of Restrictions”.

In addition, Mr. Wernick stated the subject site is 1,348 feet away from the closest home in Spring Garden. Therefore, Mr. Wernick and Mr. Ortega asked for the item to continue and be considered during the MRC’s December 2 public meeting in order to create the MRC’s advisory recommendation. Mr. Murley stated he would not defer the item from today’s publicly noticed MRC subcommittee meeting agenda.

MRC Managing Director Brett Bibeau distributed an email from Jeremy Gauger, Deputy Director City of Miami Planning Department, stating:

“It is the city's position that the riverwalk is required as part of the change of use in the adaptively reused building subject to the rules and regulations required in section 3.11.

However, there are site conditions unique to the adaptive reuse-
1. The open space created by the colonnade will not meet the required circulation space of a typical riverwalk condition. We will work with the applicant to maximize the circulation space while allowing the terrace use.

2. The typical circulation loop is not possible while retaining the existing building. We believe the proposal to provide access between the buildings is good while we want to be able to connect to future sections of the Riverwalk as it is completed on adjacent parcels.”

Mr. Wernick and Mr. Ortega noted the current letter of intent and plans reflect a publicly accessible courtyard between the 2 buildings from the public on-road Miami River Greenway on NW South River Drive to the Miami River, but at the Miami River it doesn’t continue to the right past the proposed new marine industrial building, nor to the left passed the proposed riverfront restaurant. Therefore, they stated they would provide a revised letter of intent and revised plans before the full MRC board meeting, which will continue the public Riverwalk to the left, passed the proposed riverfront restaurant, consisting of all of the uncovered area and a portion of the terrace covered area. They added the City zoning code does not require a public Riverwalk at the proposed Marine Industrial building in D3 zoning.

Philip Everingham stated it would be helpful if the City of Miami zoning code had clearer criteria for “primary” and “secondary / accessory” uses. For example, Mr. Everingham stated the ground floor footprint of the proposed Marine Industrial “Nu-Marine” building is smaller than the ground floor footprint of the proposed adaptively reused / secondary “accessory” restaurant. Mr. Wernick and Mr. Ortega replied the total square footage of the presented 6-story primary marine industrial “Nu-Marine” new construction is 10,000 square feet, which is larger than the proposed adaptively reused, 1-story, secondary “accessory” restaurant, which is 7,000 square feet.

MRC Urban Infill Chairman Murley stated he hears the Marine Industry and the Spring Garden Civic Association and suggests the full MRC vote to recommend approval of the proposal subject to the following amendments which were agreed upon by the applicant:

1. Providing public riverfront walkway at the riverfront restaurant and central courtyard
2. No Outdoor dining on the rooftop terrace
3. Providing Working River Disclosure and keeping currently permitted 4 boats
4. If tenants change, return to the MRC

IV. New Business

The meeting adjourned.