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

Miami , FL   33125

  Phone 305 644 0544
Fax 305 642 1136

 

  MIAMI RIVER COMMISSION
    URBAN INFILL PLANNING GROUP MINUTES:
  Minutes of meeting

Oct. 20, 2006
9:30 AM
(THIS IS A PUBLIC DOCUMENT)

The Miami River Commission’s (MRC) Urban Infill Working Group (UIWG) convened on Friday, October 20, 2006, 10:00 AM, at the Robert King High New Board Room, 1407 NW 7 ST.  Mr. Jim Murley chaired the meeting.  The attendance sheet is enclosed.

 

I. Technical Project Reviews

A.  Proposed “River’s Edge,” Development Located at 243 NW South River Drive - On behalf of developer Mr. Guillermo Martinez, Tineo Group, Mr. Simon Ferro, Greenberg Traurig, presented the proposed “River’s Edge” development.  Mr. Ferro stated the riverfront parcel, located at 243 NW South River Drive , would require a land use and zoning amendment from Marine Industrial (SD-4) to Liberal Commercial (C2), in order to permit the desired restaurant uses.  Mr. Ferro stated the waterfront site currently does not accommodate marine industrial uses, and consists of a 43 wet slip dilapidated marina.  Captain Beau Payne stated La Coloma Marina is currently occupied by recreational yachts, and until the site was recently taken over by the potential developer, featured an active haul out slip for engine work and the second floor of the site’s current two story building features a business named Orly Marine Upholstery.  Mr. Ferro introduced the proposed project’s architect, Mr. Robert Behar, Behar, Font & Associates, and noted he would be available to address any questions.  Mr. Behar stated the proposed plans of the waterfront site will consist of two, two-story buildings with restaurants and or marine related retail.  Mr. Behar added that the developer intends to improve the current marina and 3 or 4 shallow boat slips will be filled to accommodate a publicly accessible riverwalk/open space along the waterfront with no barriers/obstructions on either side of the property.

Mr. Ferro noted the 1.6-acre site located across the street from La Coloma will require a Major Use Special Permit, including a land use and zoning amendment from Multi-Family Residential (R4) to Restricted Commercial (C1).  Mr. Ferro noted the proposed mixed-use development will consist of 293 residential units, a retail component on the ground floor and a fully facaded 533-space parking garage (including parking for the proposed restaurants) lined with residential units.  Mr. Behar noted a portion of the allowable Floor-to-Area Ratio (FAR) and density of the development rights from the proposed riverfront development parcel would be transferred to the upland South River Drive proposed mixed-use development site across the street.  Therefore the project creates a density step back from the riverfront’s 2 2-story buildings, to the upland’s tapered 15-19 stories.  Mr. Behar added the transferred development rights increase the number of proposed allowable residential units on the upland site from 241 to the requested 293.  Mr. Ferro stated they were filing a “Butler Claim Act” with the State of Florida regarding the Marina area.  Mr. Ferro added in addition to the marina, customers of the proposed restaurants may arrive by recreational vessel and dock temporarily.

Mr. Jim Murley, Chair of the MRC’s UIWG, opened the floor to preliminary questions and/or comments:

  • Dr. Fran Bohnsack, Miami River Marine Group, stated that on February 7, 2005 , the MRC adopted the following amendment to the Miami River Corridor Urban Infill Plan:  “Recommend preservation of all remaining marine industrial (SD-4) zoning and industrial land use within the Miami River Corridor.”
  • Mr. Brett Bibeau, MRC Managing Director, noted “Finnegan’s River” a 2-story, indoor/outdoor restaurant on the Miami River , recently opened on the former Atlantic Boatyard site, which remains zoned SD-4, marine industrial.  Therefore, since marine industrial zoning allows restaurants, the existing zoning at the riverfront 243 NW South River Drive site would allow the two proposed restaurants. 
  • Adjacent property owners Captain Beau Payne, P & L Towing, and Mr. Corey Offutt, Biscayne Towing & Salvage, Inc, stated if the proposed zoning amendment from Marine Industrial to Liberal Commercial were approved the site would not be bound to the proposed development of 2 two-story restaurants, rather any uses and densities allowed under the new C2 zoning would be permittable.
  • Mr. Offut noted that NW South River Drive is a densely populated area, accommodating a variety of marine related businesses, such as shipping, truck staging sites, service/ repair, etc, and therefore expressed concern over future traffic congestion. Mr. Behar noted that he did not foresee any issue with traffic
  • Mr. Offut asked for the price of the proposed residential units, and Mr. Behar replied it is market rate project, not receiving any affordable housing subsidies
  • Mr. Offut noted the site has marine industrial uses on both sides, Bassas to the north, Biscayne Towing and P&L Towing to the South.   
  • Ms. Ashley Chase, MRC Assistant Managing Director, asked if the statues at the current La Coloma marina site would be preserved, and Mr. Behar replied yes.

Mr. Murley explained the City Commission requested the MRC’s advisory recommendation, regarding items which impact the Miami River corridor.  Murley further explained the MRC’s process is for the UIWG to advise the full MRC on whether any item is consistent with the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan.  The MRC then places the item on their publicly noticed agenda, the presenters and general public are provided an opportunity to address the MRC, which votes to determine if the proposal is consistent with the aforementioned plans, and that finding is forwarded to the City Commission.

Mr. Murley asked for the group to first consider the proposal’s consistency with the Miami River Greenway Action Plan.  Mr. Murley explained the Plan was adopted by the MRC, City and County Commissions in 2001.  Mr. Bibeau noted the plan calls for a minimum 20-foot wide publicly accessible riverwalk, consisting of a 16-foot unobstructed pedestrian path and a 4-foot wide passive zone featuring landscaping, benches, decorative lighting, etc.  The UIWG reviewed the presented rendition of the riverwalk cross-section, depicting a total 15.5-foot riverwalk area, and inquired what the breakdown is between the unobstructed pedestrian path and passive zones.  Mr. Behar replied they would revise their proposal to accommodate the Miami River Greenway Action Plan’s recommended dimensions of a 20-foot wide publicly accessible riverwalk area, consisting of the 16-foot wide unobstructed pedestrian path and 4-foot passive zone, featuring the landscaping, decorative lighting, benches, etc. 

Dr. Ernie Martin , Chair of the MRC’s Greenways subcommittee, asked if the developer would consider providing a covenant and/or any legal documentation guaranteeing public access in perpetuity along the riverwalk if the proposed project is being built, and Mr. Ferro replied he would look into that suggestion.  Mr. Bibeau noted the project rendition included the site’s adjacent Miami-Dade Water and Sewer Department owned riverfront utility easement to the south, and depicting new landscaping in a publicly accessible green space.  Mr. Bibeau stated in partnership with Miami-Dade County and “Hands on Miami Day” volunteers this site is scheduled to become a pocket park, with additional landscaping, on November 4, 2006 , as recommended, coordinated, and funded by the MRC.  Mr. Bibeau asked since the County owned site was incorporated into the proposed project rendition, is the potential developer & following condo association considering providing ownership and or maintenance of the newly created park.  Mr. Ferro replied they would consider it.  Dr. Martin asked if the river walk connected with the sidewalk / on-road greenway area, and Mr. Behar showed on the rendition how the riverwalk connects on the south, middle and north with the sidewalk / on-road greenway area.  Dr. Martin noted since the existing site features marine industrial businesses; in 2001 the Miami River Greenway Action Plan recommended an on-road Greenway rather than a riverwalk on this site.  Dr. Martin added when new development occurs, the Miami River Greenway Action Plan recommends including a publicly accessible riverwalk, with connecting restaurant / retail uses to create a destination landscape.  Dr. Martin, Chair of the MRC’s Greenways subcommittee, stated if the land use and zoning amendments are approved, he recommended the MRC find the proposed development to be consistent with the Miami River Greenway Action Plan, subject to: widening the proposed riverwalk to a min. 20 foot, consisting of a 16-foot wide unobstructed pedestrian path and a 4-foot wide passive zone featuring landscaping, decorative lighting, benches, etc.; providing a covenant guaranteeing the pledged public access to the riverwalk/ pedestrian path in perpetuity.

Mr. Murley asked Mr. Bibeau to cite some of the relevant text from the Miami River Corridor Urban Infill Plan.  Mr. Bibeau read from pages 25-26: “East Little Havana (I-95 to 12th Avenue, south bank) - While predominantly a residential neighborhood, East Little Havana’s waterfront is predominantly industrial in nature.  Anchored on the East by Jose Marti Park , with a small area zoned restricted commercial, the majority of the East Little Havana waterfront is zoned for waterfront industrial use.  While this use is appropriate and desirable, an expansion of allowable uses to include limited office and commercial (restaurant or retail) as accessory uses only, maintaining the requirement for a primary water-dependant use would serve to enliven the onroad greenway planned for this portion of South River Drive as well as increase the economic viability of the existing waterfront industrial sites.  Similarly, consideration should be given to modifying the zoning of the multi-family residential parcels on the south side of South River Drive to allow limited restaurant, retail, or office use while maintaining the principal residential requirement….Finally, throughout the neighborhood, consideration should be given to establishing height and FAR limits to help protect the scale and character of this neighborhood.”  Mr. Bibeau noted Dr. Bohnsack had previously noted the following amendment to the plan, which was a component of the Plan’s 2nd Annual Update, “Recommend preservation of all remaining marine industrial (SD-4) zoning and industrial land use within the Miami River Corridor.”

The UIWG noted several developers have agreed to a disclosure to be included in the potential condo documents, acknowledging that the site is adjacent to a working river with numerous marine industrial businesses, therefore its residents will occasionally be exposed to its ambient noise (bridge horns, etc.).  Mr. Ferro replied he would discuss the potential disclosure with the developer.

Ms. Brown inquired how many boat slips would be filled, rented or available for temporarily use by restaurant/retail visitors.  Mr. Behar replied 2-3 boat slips would potentially be filled in an effort to construct a publicly accessible riverwalk. Mr. Adrian Lyew-Ayee, Coastal Systems International, Inc. added filling the slips would improve water quality.  The UIWG noted the rights to the three filled slips would become available for transfer to another marine industrial site on the Miami River by covenant.  

Although Mr. Murley, Chair of the MRC UIWG, acknowledged marine-dependant uses are being maintained with the marina, he recommended the MRC find the proposed removal of marine industrial zoning to be inconsistent with the Miami River Corridor Urban Infill Plan’s approved amendment recommending preservation of the dwindling amount of marine industrial zoning on the mixed-use Miami River .

Mr. Murley asked when a MUSP application would be submitted, and Mr. Ferro replied November.  Mr. Ferro added the proposed development is expected to be presented before the Miami City Commission in December or early January 2007.  Mr. Murley asked Mr. Ferro to provide MRC members and designees with the proposed project plans one week prior to the MRC scheduled hearing on this item, which will take place on November 6, noon, Robert King High, New Board Room, 1407 NW 7 Street. Ms. Ashley Chase, MRC Assistant Managing Director, agreed to provide Mr. Ferro with the MRC board’s contact information.

B. Presentation of Proposed Development, “Breeze on the River,” 128 NW South River Drive - The item was deferred to the November UIWG meeting.

II. Planning Studies/Presentations 

A. Status of the Miami River Corridor Multi-Modal Transportation Plan Mr. David Henderson, Metropolitan Planning Organization (MPO), noted a Study Advisory Committee meeting will be held in November to present preliminary recommendations to the Miami River Corridor Multi-Modal Transportation Study.  Mr. Henderson noted the SIS (Strategic Intermodal System) application was currently being drafted.

Dr. Fran Bohnsack, Miami River Marine Group, introduced Charlie Nunez, Odebrecht, who played a virtual conceptual tour of the “Marine Service Area” and “MIC Associated Development” areas in the “ Upper River ”, and submitted a draft written summary report of the Virtual Tour to include in the Miami River Corridor Transportation Master Plan.  Conceptual renditions from the virtual tour will also be provided for inclusion in the Plan.  Dr. Bohnsack noted the virtual tour, which had been presented to the MRC board on October 2, 2006 meeting, was created 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.  Dr. Bohnsack also noted the proposed Earlington Heights – MIC Interconnector Metro-Rail project’s crossing over the Miami River will create new publicly owned public rights-of-way, which the County agreed will be used for marine industrial purposes.  Dr. Bohnsack explained the virtual tour was aimed at creating a collaborative partnership that could determine the most feasible uses for the marine industrial areas along the Upper River .

Key Facts:

  • Odebrecht is a multi-national construction company devoted to community redevelopment and improving infrastructure/investment
  • Odebrecht is currently reviewing Miami International Airport (MIA) and its neighboring regions in an effort to maximize opportunities (cargo warehouses, marine service areas, truck staging sites) and increase area compatibility. 
  • The study area begins at NW 36th Street to the Miami River , and continues from Le Jeune Road to the entrance of MIA (a reverse J path).
  • The Miami River ’s international shipping terminals should be integrated with the adjacent MIA’s capital improvement program and NW 36th Street ’s renewal.
  • The concept is to link the multi-modes of transportation in the upper river, including marine, vehicular, railroad, airport and the Intermodal Center .
  • At the MRC October 2 meeting, Mr. Peebles described the Miami River as an “asset” that needed to be valued and appreciated.  Mr. Peebles added trade in South Florida generates 100,000 jobs. Mr. Peebles noted Odebrecht was continuing to identify potential marine service areas such as a cargo and marine service complex and essentially create a new vision for future investment
  • The virtual tour has also been presented to Commissioners Barreiro and Rolle, and Mr. Jose Abreu, Director of the Miami International Airport (MIA), whom are supportive of the concept. 

 The UIWG thanked Odebrecht for their presentation.  Mr. Murley recommended the concept be included in the Trans. Plan, as it’s consistent with the Miami River Corridor Urban Infill Plan, and the MRC previously recommended the public rights of way acquired to build the MIC-Earlington Heights Metro Rail extension, and 112 interconnector’s 40-foot fixed bridges be used for marine industrial purposes after construction is completed. 

B. Status of the “MIC Associated Development” Planning Process Ms. Helen Brown, Miami-Dade County, noted she would invite Mr. Subrata Basu, Assistant Director of Planning for Miami-Dade County, to the November UIWG meeting to provide an update regarding the creation of development guidelines and criteria for the “MIC associated development” area as well as an update regarding the County’s future planning efforts.

III. New Business -The UIWG confirmed its second Tuesday of every month meeting.  Therefore the next UIWG meeting was confirmed for November 14, 2006, 10 am, New Board Room, 1407 NW 7 ST.

The meeting adjourned.

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

Project Name:  River’s Edge

Project Address: 243 NW South River Drive

Developer Name and Contact Information: Guillermo Martinez (305) 799-4159; Mr. Simon Ferro, Greenberg Traurig, (305) 579-0644

Project Review Date: October 20, 2006

Is the proposed development consistent with the Miami River Corridor Urban Infill Plan?

Although Mr. Jim Murley, Chair of the MRC UIWG, acknowledged marine-dependant uses are being maintained with the marina, he recommended the MRC find the proposed removal of marine industrial zoning to be inconsistent with the Miami River Corridor Urban Infill Plan’s approved amendment recommending preservation of the dwindling amount of marine industrial zoning on the mixed-use Miami River .

Is the proposed development consistent with the Miami River Greenway Action Plan?

Dr. Martin, Chair of the MRC’s Greenways subcommittee, stated if the land use and zoning amendments are approved, he recommended the MRC find the proposed development to be consistent with the Miami River Greenway Action Plan, subject to: widen the proposed riverwalk to a min. 20 foot, consisting of a 16-foot wide unobstructed pedestrian path and a 4-foot wide passive zone featuring landscaping, decorative lighting, benches, etc.; providing a covenant guaranteeing the pledged public access to the riverwalk/ pedestrian path in perpetuity.

Does the project require a Major Use Special Permit (MUSP), Land Use Amendment, Zoning Amendment, special exemptions or waivers?

Yes, the project requires a MUSP, land use and zoning amendments from Marine Industrial (SD-4) to Liberal Commercial (C2), as well as Multi-family Residential (R-4) to Restricted Commercial (C1).  In addition the project requires a transfer of development rights from the riverside parcel to the upland parcel.

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