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MIAMI RIVER COMMISSION 
c/o Robert King High
1407 NW 7 St.,  Suite D
Miami , FL   33125

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Fax 305-642-1136
  e-mail: mrc@rsmas.miami.edu

TheThe Miami River Commission’s (MRC) Urban Infill Working Group (UIWG) convened on Friday, September 16, 2005, 3:00 PM, at the Robert King High New Board Room, 1407 NW 7 Street. Mr. Jim Murley chaired the meeting.  The attendance sheet is enclosed.

I) Technical Project Reviews

A. Presentation of “Proposed “Miami River Rapids,” 1850 Delaware Parkway- Mr. Brett Bibeau, MRC Managing Director, stated the “Miami River Rapids” architect, Mr. Javier Font, was scheduled to present the proposed project at the September UIWG meeting. In the absence of anyone to present the project, the UIWG agreed to defer the item, and directed MRC staff to re-invite Mr. Font to the October UIWG meeting.

B. Presentation of Proposed “River Oaks” (formerly titled “Hidden Harbor”), 1951 NW South River Drive - Mr. Gilberto Pastoriza, WSH Law, presented the proposed “River Oaks” residential development, which will require a Class II Special Permit.  Mr. Pastoriza introduced the project’s architect, Mr. Fidel Perez.  Mr. Pastoriza explained that the City of Miami had advised him to obtain input from the MRC, regarding the proposed project and its application for a Class II Special Permit.  The project, noted Mr. Pastoriza, is located on the south shore of the Miami River ’s “south fork”, within the area described in the Miami River Corridor Urban Infill Plan as “West Little Havana/Durham Park”, to the West of Sewell Park, “ Terrazas River Park Village ” and a town-home residential project, and to the east of a large marine industrial site.  Mr. Pastoriza stated the subject vacant property consists of approximately 2.36 acres of NET lot area. The presented design consists of a 22-story building, with 199 residential units, and the structure is fully facaded on all four sides.  Mr. Pastoriza stated the potential developers submitted a Miami-Dade Department of Environmental Resource Management (DERM) Class I Permit for a Recreational Marina area.  Mr. Pastoriza noted the project includes a publicly accessible riverwalk, connecting via a publicly accessible “nature walk”, to an “on road” Greenway section planned along S. River Drive .  Mr. Pastroiza noted the possibility to extend the publicly accessible riverwalk in the future to provide connectivity to neighboring parcels.  Dr. Fran Bohnsack, Miami River Marine Group, asked how many boat slips the marina would contain, and Mr. Pastoriza replied he was not sure, but based on the boat slip arrangement of the former marina located on the premises, he believed 18.  Mr. Murley asked Mr. Bibeau what the MRC’s advisory recommendation was in 2000 when the City Commission considered a land use and zoning amendment on the subject property from Marine Industrial (SD-4) to High Density Residential (R-4).  Mr. Bibeau replied the MRC had recommended denial of the land use and zoning amendments, which were subsequently approved by the City Commission.

Mr. Murley stated as Mr. Pastoriza is aware from previous MRC presentations on different projects, the UIWG recommends to the full MRC whether they find any item to be consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan. The MRC then places the item on their publicly noticed agenda, the presenters are provided an opportunity to address the MRC, which votes in a strictly advisory capacity to determine if the proposal is consistent with the aforementioned plans.

Mr. Murley asked Dr. Martin, Chair of the MRC’s Greenways subcommittee, to lead the discussion related to consistency with the Miami River Greenway Action Plan.  Dr. Martin asked for the dimensions of the proposed riverwalk.  Mr. Pastoriza and Mr. Perez replied the building was setback 22 feet from the shoreline, and included a 12-foot wide unobstructed pedestrian path, and additional landscaping, benches and decorative lighting.  Dr. Martin noted the Miami River Greenway Action Plan requires a minimum 16-foot wide unobstructed pedestrian path.  Mr. Pastoriza and Mr. Perez replied they would widen the currently proposed 12-foot wide unobstructed pedestrian path to 16-feet wide, prior to the MRC hearing, in order to be consistent with the Plan.  Dr. Martin asked the width of the “on-road” Greenway’s unobstructed pedestrian path.  Mr. Perez replied 5-feet wide, and Dr. Martin explained the Miami River Greenway Action Plan requires a minimum 8-foot wide “on-road” greenway.  Mr. Perez and Mr. Pastoriza stated they would widen the proposed “on-road” Greenway’s unobstructed pedestrian path to 8 feet, prior to presenting the project to the MRC.  Dr. Martin asked if the project developer would consider proffering a covenant that would run in perpetuity with the land, stating the Miami River Greenway area is publicly accessible, and Mr. Pastoriza stated he would discuss the issue with his client.  Mr. Bibeau noted the MRC had recommended the City of Miami amend their draft “Miami River Greenway Regulatory Design Standards and Guidelines,” in order to extend the current requirement for a 50-foot building setback from the shoreline riverwide, as it currently only applies to the east of the NW 5^th ST Bridge.  Mr. Bibeau added, however, that the drafted guidelines are yet to be considered by the City Commission. Mr. Bibeau asked if the proposed Greenway landscaping includes some flowering trees, and Mr. Perez replied they did not, but they would try to incorporate some flowering trees in the greenway landscaping plans.  Dr. Martin and the UIWG found the proposed publicly accessible riverwalk areas to be consistent with the Miami River Greenway Action Plan, subject to the potential developer’s commitment to widen the unobstructed riverwalk’s pedestrian path from 12 to 16 feet, and widening the “on-road” Greenway’s unobstructed pedestrian path from 5 to 8 feet.

Mr. Murley directed the UIWG to consider the proposed “River Oaks” consistency with the Miami River Corridor Urban Infill Plan.  Dr. Martin asked if the proposed development site is located within one of the Infill Plan’s recommended Neighborhood Conservation District (NCD) areas.  Mr. Bibeau replied it was located within the MRC recommended Lawrence Park Subdivision NCD boundary, which hasn’t been approved by the City Commission. Dr. Martin explained the proposed project’s location within a proposed NCD area may affect its consistency with the Miami River Corridor Urban Infill Plan.  Dr. Martin noted high-rises abutting low-density residential neighborhoods, remains a pressing concern, and is therefore reluctant to find the proposed project consistent with the Miami River Corridor Urban Infill Plan.  Mr. Pastoriza replied there is no adjacent Single Family Residential zoning or land use, and noted the MRC had found “Terrazas River Park Village” to be consistent with the Miami River Corridor Urban Infill Plan, which has broken ground to the west of the subject property, and is of similar density.  Dr. Martin asked if the project included submerged lands in its Floor Area Ratio (FAR) calculations, and Mr. Pastoriza replied no bonuses were calculated in the FAR, yet as allowed by existing City Code, the entire private property, including the submerged land, was included in the density calculations.  Mr. Pastoriza added the proposed project plans had already undergone a review from the City of Miami ’s Internal Design Review Committee.  Mr. Pastoriza asked Dr. Martin in his opinion what type of redevelopment on the subject vacant property is consistent with the Miami River Corridor Urban Infill Plan, and Dr. Martin replied a low-density town-home development, similar to the existing development immediately east of the subject property.

Dr. Martin explained he is a designated “Neighborhood Representative” on the MRC, and the proposed project’s high-density may disturb its Durham Park and Lawrence Park Subdivision neighbors, therefore it was reasonable to find the proposed “River Oaks” development to be inconsistent with the Miami River Corridor Urban Infill Plan, which recommends the City of Miami adopt a Neighborhood Conservation District in the area.  Though Mr. Murley stated he recognized Dr. Martin’s dilemma between the plans & principles versus reality, Murley reasoned the MRC had previously recommended denial of the land use and zoning amendments from Martine Industrial to High Density Residential (R-4), which were approved by the City Commission in 2000.  Mr. Murley further stated the City Commission hadn’t acted on the MRC’s recommendation to designate the area as the Lawrence Park Subdivision Neighborhood Conservation District.  Mr. Murley asked Mr. Bibeau to cite the page within the Plan’s “Vision for the River” chapter regarding the subject area. Mr. Bibeau replied page 35 contains the following text about the general area of the subject property, “Durham park/West Little Havana (17^th Avenue to 27^th Avenue, south bank)-Allowable uses along the Durham park waterfront including the south fork of the River are conservation, restricted commercial, waterfront industrial and residential, with intensities including single family, duplex, medium-density multifamily, and high-density multifamily”.  Mr. Murley noted now the vacant site is zoned R-4, planned for redevelopment with a publicly accessible riverwalk consistent with the Miami River Greenway Action Plan, and includes a water dependent Marina area.  Therefore, the UIWG found the proposed “River Oaks” project to be consistent with the Miami River Corridor Urban Infill Plan.  (Please see attached Technical Review Form).

Mr. Bibeau stated the proposed “River Oaks” project will be placed on the agenda for the MRC’s October 3, 2005 meeting, noon at the Robert King High New Board Room, 1407 NW 7 Street.  Bibeau asked Mr. Pastoriza to mail the project renderings to all MRC board members and designees by Monday, September 26, 2005 , and asked Ashley Chase, MRC Assistant Managing Director, to e-mail Mr. Pastoriza the MRC member contact list.

II.  Planning Studies / Presentations

A. Presentation of “ Miami 21”- The UIWG agreed to defer the item to the UIWG’s October meeting.

B. Status of the Miami River Corridor Multi-Modal Transportation Study - Mr. David Henderson, Metropolitan Planning Organization (MPO), stated the Miami-Dade County attorney is reviewing the inter-local agreement, which would transfer the MRC’s approved $25,000 cost share to the MPO.  Mr. Henderson stated the Scope of Services and $75,000 MPO cost share would be considered during the Transportation Planning Council’s November 7, 2 PM meeting, followed by the MPO on November 17, 2005 , 2 pm , at the Stephen P. Clark Government Center .  Mr. Henderson explained the MPO would select the study’s consultant from a previously approved list of vendors, whom have already completed an 18-month qualification process, therefore there is no need for a bid evaluation committee.  

Mr. Murley asked if it was possible to link the State of Florida ’s Strategic Intermodal System (SIS) Plan to the Miami River Corridor Multi-Modal Transportation Study.  Mr. Bibeau suggested that the draft scope of services “Task 3-Techincal Data Development” include analyzing whether the Miami River is consistent with the state criteria to be included in the SIS.

Mr. Henderson agreed, and stated he would send the revised scope of services to MPO board member Bruno Barreiro.

C. Discussion of Revised Draft Miami-Dade County Marine Industrial Zoning Overlay- Mr. Bibeau and Ms. Helen Brown, Miami-Dade County Planning and Zoning Department, stated they recently met with the Director Dianne Quinn O’Williams on the final MRC and United States Coast Guard recommended revisions to the draft Miami-Dade County Marine Industrial Zoning Overlay, including:

·        Section 33-278.8 - Amending the required on-site parking to be allowed either in front of or behind the required fence and or wall.

·        Section 33-278.8 - Amending the barbed wire specs to allow any type of barbed wire on the top one foot of the fence.  Bibeau noted “concertina” barbed wire is allowed under the Federal Maritime Security Act, and several Marine Industrial businesses recently installed “concertina” in order to be consistent with the Federal regulations.  Bibeau stated although the Planning Department indicated the County prohibited concertina barbed wire, there are a couple Miami-Dade County Water and Sewer Department Facilities within the Miami River corridor, which have concertina barbed wire on top of their fences.

·        Section 33-51 - Inserting an exemption to the sideyard and front setback requirements for small guardhouses, which are required by the USCG and the Federal Maritime Security Act.

·        Section 33-278.6 (11) (a) and (b) - Inserting retail marine industrial, in addition to wholesale.

Mr. Bibeau reported the Planning Director indicated the revised Marine Industrial Zoning Ordinance would be presented to the County Commission before the end of 2005.

D. Presentation of Hazen & Sawyer “ Biscayne Bay Economic Study” - Mr. Evan Skornick, South Florida Water Management District, presented the Executive Summary of the “Biscayne Bay Economic Study”, on behalf of Dr. Grace Johns, Hazen and Sawyer. The sections of the study pertaining to the Miami River estimated the intensity of its uses - recreational and shipping - on a local, county and state level. The Economic Analysis’ Executive Summary, page 12, states, “Waterborne commerce at the Miami River generated $805 million in output, $406 million in income, 6,700 jobs and $44 million in tax revenues”.  Mr. Murley noted the REMI model used for the analysis limits the economic benefit to within the State of Florida , and recommended the next planned phase of analysis consider the regional & international economic impacts, in addition to the impacts of the recently approved Central American Free Trade Agreement (CAFTA).  Bibeau replied the MRC’s Economic Development and Commerce Subcommittee is scheduling an informative presentation on CAFTA.  Mr. Bibeau asked Dr. Bohnsack, Miami River Marine Group, if the River’s international shipping terminals expected an increase of cargo volume due to the Hurricane Katrina travesty, which has effectively shut down shipping on the Mississippi River .  Dr. Bohnsack replied historically when there has been issues on the Mississippi River, shippers have trucked their break bulk food products to the Miami River for shipping, since closer ports to the Mississippi River, such as Port Canaveral, do not accept break bulk goods.  Mr. Skornick stated Grace Johns has agreed to present the Economic Analysis at the MRC’s October 3, 2005 meeting.  Mr. Bibeau thanked Mr. Skornick for the presentation. 

E. Review & Discuss the Draft Miami-Dade County and City of Miami EAR’s - Mr. Bibeau stated the City of Miami’s revised Evaluation & Appraisal Report (EAR), which has recommendations for amending the City of Miami’s adopted Miami Neighborhood Comprehensive Plan Ordinance, will be presented to the City of Miami’s

Planning Advisory Board on September 21, 2005 , and to the City Commission in October 2005.  Bibeau noted on December 6, 2004 , Mr. Kevin Provance, City of Miami Planning Department, presented the original draft EAR to the MRC.  The Miami River Commission unanimously recommended approval of the draft EAR, subject to 17 recommended revisions.  Bibeau reported the Planning Advisory Board and City Commission had concurred with 14 of the MRC’s 17 recommended revisions, yet two of the agreed upon revisions were not made in the revised draft EAR.  The UIWG agreed the MRC’s position should remain consistent with the recommendations made in 2004, including:

1.      Draft EAR, page 234, Recommendation PA-1 – The MRC concurs with U.S. Coast Guard Captain James Watson’s letter to City of Miami Planning Director Gelabert-Sanchez, recommending deletion of the Comprehensive Plan “Port of Miami” sub-element’s inaccurate footnote.

2.      Draft EAR, page 234, Recommendation PA-6 – MRC recommends no amendments to Comprehensive Plan Policy PA 3.1.1.  The draft recommended amendment would eliminate the existing opportunity to “encourage water related / water dependent” uses in the lower and middle river, such as water taxi’s, recreational boat dockage along the riverwalk, etc., and on December 9, 2004 the City Commission amended this unedited EAR Recommendation PA-6.

3.      Draft EAR, page 236, Recommendation PR-22 - The Planning Advisory Board and City Commission had concurred with the MRC recommendation to insert “including a Wisherman’s Wharf”, in order to be consistent with EAR Recommendation PR-23, “Fisherman’s Wharf District in Lummus Park ”, yet the revision wasn’t made.

4.      Draft EAR, page 226, Recommendation MCNP-2 – The Planning Advisory Board and City Commission had agreed in 2004 to insert “Miami River Commission” next to Trust for Public Land , yet the revision wasn’t made.

Ms Brown, Miami-Dade County Planning Department, distributed copies of the revised Miami-Dade County draft EAR, relating to the County’s “ Port of Miami River ” sub-element.  The UIWG recommended approval of the County EAR , subject to one condition of inserting the “Miami River Commission and the Miami River Marine Group” to be involved with the Miami River Corridor Multi-modal Transportation Study, in PMR-2A.

III. New Business - Per the request of Mr. Murley, MRC staff distributed a Miami Herald article pertaining to the new proposed Camillus House location, which would be combined with a potential UM bioscience center in the Civic Center area, “between I-95 and NW 7 Ave, from NW 14 ST to NW 20 ST”.  Mr. Murley asked MRC staff to track its progress.

Mr. Bibeau stated in preparation of the MRC’s publicly noticed workshops to create the “3^rd Annual Update” of the Miami River Corridor Urban Infill Plan, MRC staff has begun to review this year’s progress on bringing the Plan’s Implementation Steps to fruition.  Bibeau noted there are several recently completed steps, such as, “Request that the City of Miami prepare a comprehensive Parks Master Plan”, which the City contracted Goody and Clancy to prepare for $700,000.

The meeting adjourned.

Miami River Commission’s Urban Infill Working Group
Development Technical Review Report

Project Name:  River Oaks

Project Address: 1951 NW South River Drive

Contact Information: Gilberto Pastoriza, WSH Law, (305) 854-0800                                     

Project Review Date: September 16, 2005

Is the proposed development consistent with the Miami River Corridor Urban Infill Plan? Page 35 contains the following text about the general area of the subject property, “Durham Park / West Little Havana (17^th Avenue to 27^th Avenue, south bank) - Allowable uses along the Durham park waterfront including the south fork of the River are conservation, restricted commercial, waterfront industrial and residential, with intensities including single family, duplex, medium-density multifamily, and high-density multifamily”. The UIWG found the proposed development to be consistent with the Miami River Corridor Urban Infill Plan, because it includes residential development facaded on four sides, a recreational marina and a publicly accessible riverwalk.

Is the proposed development consistent with the Miami River Greenway Action Plan? The UIWG found the proposed development to be consistent with the Miami River Greenway Action Plan, because it features a publicly accessible riverwalk, with a minimum 16-foot wide unobstructed pedestrian path, landscaping including some flowering trees, benches, decorative lighting, etc., connecting via a publicly accessible “nature walk” to an “on-road” Greenway section, featuring an 8-foot wide unobstructed pedestrian path.

Does the project require a Major Use Special Permit, Land Use Amendment, Zoning Amendment, special exemptions or waivers? No.

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