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MIAMI RIVER COMMISSION 
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Miami , FL   33125

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The Miami River Commission's (MRC) Urban Infill Working Group (UIWG) convened on Friday, July 20, 2007 , 9 AM , in the United Way Executive Conference Room, 3250 SW 3 rd Avenue . Mr. Jim Murley chaired the meeting. The attendance sheet is enclosed.

I. Planning Studies/Presentations

Discussion of Draft Miami 21 Eastern Quadrant– Mr. Jim Murley , Chair of the MRC's Urban Infill Working Group (UIWG), welcomed Ms. Luciana Gonzalez, Special Projects Coordinator for the City of Miami Planning Department. Per the direction of the MRC during the July 9 publicly noticed board meeting, Mr. Murley noted the UIWG had agreed to further examine the draft Miami 21-East Quadrant during today's meeting. Per Mr. Murley's direction, staff distributed copies of the MRC's July 9 recommended revisions to the draft Miami 21 – Eastern Quadrant. The MRC found the draft “Miami 21 - Eastern Quadrant” to be consistent with the Miami River Corridor Urban Infill Plan, subject to the following remaining conditions: revising the amendment to Article 6, Section 6.10 (a) by replacing the word “encouraged” with “required”, in (a) 2. replacing “12 feet” with “16 feet”, inserting the word “unobstructed” in front of “pedestrian walkway” and exempting D1 & D2 from the waterfront setback requirements.

Mr. Robert Ruano , MRC, noted he values the idea of public accessibility to the waterfront, and therefore did not wish to exempt all proposed D1 or D2 properties from the requested 20-foot waterfront setback, since he felt this would preclude potential developers from constructing a publicly accessible riverwalk. Mr. Ruano suggested that the property owner should be allowed to make a case as to why a riverwalk would not be feasible for their property.

Mr. Ruano asked if the principles of the Miami River Greenway Action Plan were “set in stone,” and Mr. Murley replied no. Mr. Ruano urged the MRC to consider “looking forward” from the Miami River Greenway Action Plan in an effort to increase public accessibility to the waterfront. Mr. Ruano warned that any requirements that are exempted from the draft Eastern Quadrant may also be exempted in the three remaining quadrants, and it was therefore necessary to examine property uses carefully.

Dr. Martin noted the City of Miami funded the creation of the “Miami River Greenway Design Guidelines and Standards,” which establishes a unified set of design standards for the future development of the Miami River Greenway Corridor. Dr. Martin noted the guidelines had yet to be presented to the Miami City Commission for adoption. MRC staff distributed copies of pages from the revised and final draft “Miami River Greenway Design Guidelines and Standards”, which proceed around SD-4 marine industrial and low density residential areas as an on-road greenway. Dr. Martin added he and MRC staff had recently met with City Manager Pete Hernandez whom had suggested that the revised and final “Miami River Greenway Design Guidelines and Standards” be considered for adoption as a self standing ordinance, after the Miami 21 – Eastern Quadrant is adopted. Mr. Ruano noted the City of Miami zoning code, rather than the aforementioned design guidelines and standards, dictated riverwalk and greenway requirements.

Mr. Murley suggested not requiring a setback and riverwalk for properties zoned SD-4, which will be designated D1/D2 in the proposed Miami 21 code. Mr. Murley recommended reviewing the existing SD-4 zoning code to establish consistent requirements for the proposed D1/D2. Mr. Murley noted that the provisions of the City of Miami Comprehensive Plan City of Miami, which overrules the zoning code, may incorporate language creating awareness among property owners wishing to redevelop their property of new, potential riverwalk requirements.

Ms. Gonzalez noted that under the proposed Miami 21 Code, D1 property owners requesting a zoning change will be converted to T5, which encourages a riverwalk. Mr. Ruano inquired into the intent of the MRC's recommendation to exempt D1 and D2 from riverwalk requirements. Mr. Murley explained the MRC wishes to remain consistent with the recommendations of the adopted strategic plans for the Miami River : The Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan. Mr. Murley noted the purpose of the Urban Infill Plan is to maintain a balance along the Miami River 's mixed-uses through differentiating between SD-4 properties or “employment zones,” and residential and commercial properties. The Plans are to be a riverwalk when feasible and proceed around SD-4 marine industrial and low density residential areas as an on-road greenway, and then return to the shoreline where possible. MRC staff distributed copies of the City Charter provision, which will remain in effect, for all riverfront buildings east of the NW 5 ST Bridge to have a 50 foot riverfront setback unless the property is less than 200 feet wide, the setback becomes 25% of the width from shoreline to property boundary.

Mr. Ruano noted riverfront restaurant “Finnegan's River”-currently zoned SD-4-could have created greater waterfront access if they would have incorporated a riverwalk at their site, instead of an on-road greenway. Mr. Murley explained that the owner of Finnegan's had decided to incorporate the original buildings at the site into their proposal, while working under the provisions of the existing zoning code, to “build out” their desired restaurant under a permissible use. Mr. Murley added that if the owner of Finnegan's wished to change the zoning and land use of their property to create their restaurant, the proposed Miami 21 Code would require them to include a larger riverfront setback and encourage a riverwalk.

Mr. Brett Bibeau, MRC Managing Director, distributed copies of the “Miami River Corridor Restaurant List, July 2007,” which features a list of 27 restaurant / retail locations along the Miami River, which are either operating, under construction, or in final permitting/planning stages. Mr. Bibeau noted the current draft Miami 21 requires the 50-foot riverfront building setback formula and encourages a publicly accessible riverwalk in 24 of 27 restaurant/retail spaces along the River. Mr. Bibeau passed around a zoning atlas of the draft Miami 21-Eastern Quadrant, and noted there are currently three restaurants on North River Drive designated as D1/D2 in the proposed zoning atlas, Garcia's Seafood Grille, Casablanca (formerly Joe's) and a planned site owned by the Karpawich family. The current draft Miami 21 requires a 20-foot riverfront setback, yet does not encourage a publicly accessible riverwalk within these three D1 parcels.

Mr. Bibeau asked if the current draft states if 50% or more of a property is changed or reconstructed, then its owners are required to abide by the provisions set forth in the proposed Miami 21 code. Ms. Gonzalez noted that though this concept is contained in the current draft Miami 21 code, the section regarding nonconforming uses and structures is currently being revised and amended.

Mr. Ruano suggested allowing individual exceptions among marine industrial shipping terminals and dry stack storage facilities (from riverwalk requirements) due to security and safety concerns. Mr. Dubin stated he was opposed to putting pressure on SD-4 / D1, D2 property owners to incorporate riverwalks at their sites. Mr. Dubin explained that the Miami 21 Code should not require publicly accessible riverwalks in D1/D2 areas with limited space including marine industrial businesses, and noted liability, insurance, and safety concerns. Mr. Dubin stated perhaps only restaurants within D1 or D2 should not be automatically required to have a building setback and publicly accessible riverwalk, rather be considered on a case by case basis.

Mr. Bibeau noted the “Hurricane Cove,” precedent, which is an approved mixed-use riverfront development consisting of 3 residential buildings and a marina with a publicly accessible riverwalk. Mr. Dubin noted the construction of a riverwalk was feasible at the aforementioned site since it had been re-zoned from SD-4 to Commercial or C1. Ms. Alma Llinas, Keyes Realty, addressed the potential Homeland Security and insurance issues involved with constructing a riverwalk within a commercial boatyard. Mr. Murley noted there needed to be balance between what is feasible for each property vs. the need to provide waterfront access. Mr. Ruano noted the Dinner Key precedent of a marina and dry stack docking facility featuring a publicly accessible riverwalk. Mr. Dubin noted Dinner Key is a public sector facility, owned by the City of Miami , which is different than requiring a D1, D2 private property owner to have a publicly accessible riverwalk, regardless of increased insurance costs and liability.

Ms. Gonzalez noted a series of Miami 21 workshops would be held in August, and encouraged the MRC to participate. The UIWG agreed to attend the meetings and report back to the MRC board during its meeting on Monday, September 10, 2007 , noon , Robert King High, when the potentially revised draft Miami 21 – Eastern Quadrant will be on the public meeting agenda.

On behalf of the residents of the Spring Garden Civic Association (SGCA), Dr. Martin expressed a concern over the fact that within the historically designated Spring Garden's riverfront parcels, which currently have a 50 foot building height limitation under R3, may become a 70 foot maximum height because floors are defined as up to 14 feet each in the potential 5 floors in the proposed T5 district. Dr. Martin noted the SGCA would like to support Miami 21, yet would like to maintain the current 50-foot height limitation in their historically designated low density residential neighborhood. Mr. Murley concurred with Dr. Martin and the Spring Garden Civic Association's recommendation and suggested that Dr. Martin present this position before the MRC board on September 10, and mentioned that the Lummus Park historic district maybe affected by Miami 21's proposed allowable height as well. Mr. Ruano asked Dr. Martin if he had forwarded his concerns to Ms. Ana Gelabert-Sanchez, and Dr. Martin replied that the Spring Garden Civic Association had only recently approved the recommendation to not have Miami 21 allow the potential increase of building heights within their historically designated district.

B. Update on Miami Circle - Mr. Bibeau noted the temporary repair/shoreline excavation to stabilize the collapsed seawall at the Miami Circle had begun. Mr. Bibeau distributed copies of the following documents:

• “ Miami Circle Timeline”
• Renditions of the site, as illustrated in the Miami River Greenway Action Plan, adopted by the MRC, County and City; Mr. Bibeau noted that though the rendition illustrates a fence surrounding the site, it also includes a waterfront entrance, thereby allowing public accessibility to the entire parcel with the exception of the actual ancient circle. Mr. Bibeau noted the Department of State (DOS) and the Historical Museum of South Florida (HMSF) should work in unison with local archeologists to protect the Circle while maintaining accessibility to the waterfront site. Mr. Richard Dubin , MRC, asked how the DOS has protected the Miami Circle site thus far, and Mr. Bibeau noted it had been buried. Mr. Bibeau added one of the original proposals for the site had included the construction of an informational tiki hut, but this plan was met with opposition due to the holes which would need to be dug into the site.
• July 12, 2007 letter from the Honorable Representative Luis R. Garcia to Honorable Kurt S. Browning, Florida Secretary of State, urging the expedited, permanent replacement of the Miami Circle seawall, which is necessary to create the riverwalk
• August 2002 Miami Today article entitled “Work to open Miami Circle landmark to public likely this year stating, “$600,000 allocated for the project will come from Florida 's Conservation & Recreation Lands fund.”

Mr. Bibeau noted the HMSF was close to signing a long term agreement with the Department of State (DOS) to oversee, protect and maintain the site. Mr. Bibeau cited the January 2003 bullet in the distributed “Miami Circle Timeline:” “Any beach, park, or other public facility acquired, developed, rehabilitated or restored with funds for this act [Safe Neighborhood Parks Bond Ordinance] shall be open and accessible to the public without discrimination as to race, color, gender, age, religious belief, residence, national origin, martial status or disability.” Taking this into consideration, Mr. Bibeau stated he hoped the aforementioned draft lease agreement would remain consistent with the ordinance which governs the use of the public tax payers funds utilized to purchase the site in 1999. Dr. Ernie Martin , Chair of the MRC's Greenways Subcommittee, recommended that the MRC continue to advocate for the immediate, permanent replacement of the collapsed sea-wall at the Miami Circle , and the creation of a publicly accessible riverwalk and Miami Circle site, similar to the renditions depicted in the adopted Miami River Greenway Action Plan.

Per the request of the Honorable Congresswoman Ileana Ros-Lehtinen, Mr. Bibeau invited the UIWG to join her and the Honorable Representative Luis Garcia to a press conference at the Miami Circle site on Saturday, July 21, 2007, 1 pm, to call for the final repair of the Miami Circle seawall so that the historical site can be made available to the public as soon as possible via creation of the Miami River Greenway.

C. Status of the “Upper River/MIC Associated Development” Planning Process – Mr. Bibeau distributed copies of the “Location Map” of the county-owned parcels identified within the Miami-Dade Aviation Department's Request for Proposals (RFP), which is seeking public-private partnerships for 67 acres it owns at Miami International Airport. Mr. Bibeau added the subject parcels are located within the vicinity of the proposed “Upper River/Miami Intermodal Center-Associated Development” planning process, and hoped the county would consider the MIC's potential connection to the MRC's Miami River Corridor Multi-Modal Transportation Plan . Dr. Fran Bohnsack, Miami River Marine Group, noted Odebrecht had created an “Upper River Virtual Tour” in response to a great need in the western reaches of the Miami River Corridor for cargo facilities and warehouses, which would thereby create more efficient shipping terminals and alleviate traffic congestion. Dr. Bohnsack hoped Odebrecht's vision would be included in the Upper River planning process.

Mr. Bibeau noted MRC staff had provided Ms. Helen Brown , Miami-Dade Planning Department, at last month's meeting with a CD of a potential U.S. Department of Commerce Economic Development Administration grant, which may provide funding for the County to create the UIWG recommended “Upper River/MIC Associated Development Plan.”

D. Status of the Miami River Corridor Multi-Modal Transportation Plan – Mr. Bibeau noted he and Mr. Jim Murley , Chair of the MRC's Urban Infill Working Group, had recently met with Mr. David Henderson, Metropolitan Planning Organization (MPO) and Mr. Greg Kyle , Kimley-Horn and Associates (KHA), to conduct a final review of the draft Miami River Corridor Multi-Modal Transportation Plan. Mr. Bibeau noted all MRC-requested revisions have been incorporated into the final plan, including the following suggestion submitted by Mr. Ruano: “Advanced signage indicating not only that a bridge is opening, but which way a boat is heading; and, if possible, recommending alternate routes.” Dr. Bohnsack noted this was a good recommendation. Mr. Bibeau stated a CD of the final draft plan will be included in the MRC's September 1 board member mailout, prior to its adoption at the subsequent MRC meeting. Mr. Bibeau noted that since the first Monday of the month falls on Labor Day, the next MRC meeting will be held on Monday, September 10, 2007, noon, Robert King High New Board Room, 1407 NW 7 Street.

II. Projects

A. Discussion Regarding the Status of the Historically Designated East Coast Fisheries- Per the request of Mr. Murley, Ms. Chase noted she continues to encourage Mr. Peter Swartz, a potential developer of several riverfront parcels, to attend the publicly-noticed monthly UIWG meeting and discuss any revised plans. Ms. Chase added Mr. Swartz had formerly agreed to present his new proposal to the UIWG last month, but was not in attendance at today's meeting. Mr. Bibeau noted that Mr. Schwartz had retracted his original residential / mixed-use plans for the site, which the MRC had found to be consistent with the Miami River Corridor Urban Infill Plan. The new proposal for the area, added Mr. Bibeau, may include some dry-stack boat storage.

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

• Mr. Bibeau mentioned the ongoing email traffic regarding the seawall at Wind, Ivy, and Mint developments just west of the South Miami Avenue Bridge . Mr. Ruano stated that seawall/bulkhead issues should have been addressed by the MRC during their review of development proposals, and Mr. Murley concurred. Mr. Murley suggested incorporating seawall guidelines in the City Comprehensive Plan to promote consistency. Dr. Martin recommended strengthening riverwalk requirements in the City of Miami Comprehensive Plan , as well, and Mr. Ruano agreed to bring this suggestion up with the proper city staff. Mr. Ruano recommended the MRC build relationships and create dialogue with the City of Miami , and Mr. Murley agreed.
• Mr. Bibeau noted Miami City Commissioner Joe Sanchez had requested a meeting with MRC staff and the developer of “Latitude on the River” last month to address inconsistent riverwalk dimensions and the site's lack of connectivity to the adjacent development “Neo Vertika” and the NW 2 nd Avenue Bridge. Mr. Bibeau noted the City Commission-approved riverwalk renditions for the aforementioned riverfront development are wider than the as-built riverwalk. Mr. Bibeau added that the approved plans also provided connectivity to adjacent riverwalk sections, but the as-built sections failed to connect. Mr. Bibeau noted the developer of “Latitude on the River” seemed somewhat willing to provide a riverwalk connection to the NW 2 nd Avenue Bridge by installing a 6-foot cantilevered bridge. When Mr. Bibeau recommended a 16-foot cantilevered bridge instead, the developer noted it maybe more difficult to obtain a permit for a wider bridge. Mr. Bibeau noted he had also suggested removing the retainer landscaping wall to widen the riverwalk, yet the developer stated this would negatively impact the ADA compliant ramp. Mr. Bibeau noted he, on behalf of the MRC, had been directed to continue advocating for the City to require the developers to make the necessary corrections to their riverwalks, in order to make them consistent with the Riverwalk dimensions unanimously approved in the MUSP's by the City Commission.

The Urban Infill Working Group noted it would not meet in August and confirmed its next meeting for September 11, 2007 , 10 am .

The Meeting adjourned.

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