HomeMy WebLinkAboutOLD Miami Riv Comm RecommMINUTES
OF THE
MIAMI RIVER COMMISSION
Monday, May 3, 2004
12:00 p.m.
Chairman Robert Parks called the Miami River Commission (MRC) meeting to order at
12:00 p.m. on Monday, May 3, 2004 at the United Way, Ansin Building, 3250 S.W.
Third Avenue, Miami, Florida.
Miami River Commission Policy Committee Members and/or Designees attending
were:
Robert Parks, Member at Large Appointed by the Governor, Chairman
Phil Everingham, designee for the Chair of the Marine Council, Vice Chairman
Janet McAliley, Rep. Environmental or Civic Org., Appointed by the Governor
Theo Long, designee for the Representative from Environmental or Civic
Organization, Appointed by the Governor
Betty Gutierrez, designee for Miami -Dade County Commissioner Bruno Barreiro
Megan Kelly, designee for Greater Miami Chamber of Commerce
Dick Bunnell, designee for the Chair of the Miami River Marine Group
Dr. Ernie Martin, Neighborhood Rep., Appointed by City of Miami Commission
Sallye Jude, Neighborhood Rep., Appointed by Miami -Dade County Commission
Eddie Rodriguez, designee for the Member at Large, Appointed by Miami -Dade
County Commission
Tony Garastazu, attended for Dr. Pamela Dana, designee for Governor of State of
Florida
Beau Payne, designee for the Member at Large, Appointed by City of Miami
Commission
,MRC Staff:
Brett Bibeau, Managing Director
Yadira Pulido, Assistant Managing Director
Others attending interested in the River:
Jim Murley, Florida Atlantic University (FU) Cantanese Center
Dr. Susan Markley, Miami Dade County Department of Environmental Protection
Patrick Karakadze, EF Builders
Eddie Rodriguez, EF Builders
Lavinia Freeman, Trust for Public Land
Joel Maxwell, Assistant City Attorney
David Restrainer, Fortune Reality
Michael Pilver, Office of the Governor
Ben Fernandez, Bercow Radell
Scott Mitchell, Gunster Yoakley
Dr. Fran Bohnsack, Miami River Marine Group
Liz Abbott, SFWMD
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Miami River Commission- Meeting Minutes
May 3, 2004
Page 2
I. Chairs Report
a. Approval of April 2004 Minutes -
Dr. Ernest Martin moved to approve the minutes of the MRC's April 5, 2004
meeting. Ms. Sallye Jude seconded the motion. Ms. Janet McAliley stated she had
informed the MRC Managing Director of a few minor typos in the minutes. The
corrected minutes were unanimously approved.
M.r. Parks announced that Yadira Pulido is the new Assistant Managing Director of the
Miami River Commission. Mr. Parks welcomed Ms. Betty Gutierrez as the new designee
for County Commissioner Bruno Barreiro. Mr. Parks announced the birth of
Commissioner Barreiro's daughter, Bianca Barreiro. Parks directed MRC staff to send an
appropriate card on behalf of the MRC to Mr. and Mrs. Barreiro, congratulating them on
the birth of their daughter. Mr. Parks thanked Brett Bibeau, Managing Director of the
Miami River Commission, his former assistant, Adriana Cabrera, all sponsors and
participants for the successful eighth Annual Miami Riverday festival, held April 10,
2004 in Jose Marti Park. Parks asked for anyone to provide MRC staff any suggestions
in writing to improve the annual Miami Riverday, taking into consideration the restricted
budget for this free and open festival.
Mr. Parks stated he wanted to make sure that everyone knew that the day before Miami
Riverday, .Friday, April 9, 2004, the U.S. Army Corps of Engineers formally signed the
contract to dredge the Miami River. Parks noted it is an accomplished fact, and thanked
Dick Bunnell and Scott Mitchell, co-chairs of the MRC's Dredging subcommittee, for
keeping the subcommittee working on this long-awaited project. Parks stated Bunnell and
Mitchell would provide a full report under the .Dredging Subcommittee agenda item.
Parks stated that the announcement brightened the spirit at Miami Riverday, where the
Honorable Congresswoman lleana Ros-Lehtinen joined by various City and County
elected officials and the MRC announced the Miami River Dredging contract execution.
Parks stated the MRC should be proud because the reason the Miami River Dredging
Project is happening is because of the MRC's collective efforts. Parks thanked everyone
who made the project a reality.
Mr. Parks stated plaques thanking Miami Riverday sponsors were presented at Miami
Riverday, and presented one to Lavinia Freeman, Trust for Public Land.
Mr. Parks read a letter addressed to the MRC from the Urban Environment League, "We
cordially invite you as an honored guest to this ceremony, so that we may present you
with an Urban Environment League Orchid Award, and pay tribute to your work with the
Miami River Plan. The League salutes you as The Most Positive Development of the
Year." Mr. Parks invited the MRC to attend the ceremony to accept the kind and
gratifying recognition. Parks noted he will be out of town on the May 20 ceremony, and
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May 3, 2004
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encouraged other members to attend, as the invitation and award are addressed to the
entire MRC_
II. Presentations on Applications to Amend The Zoning and Land Use at 1622
NW 22" Ave From R2 to R4
Mr. Bob Parks asked for all speakers to identify themselves and whom they represent for
the record. Parks stated the MRC would follow the same procedure as always, unless
directed otherwise by a MRC member, to hear first from the applicant, take comments
from the public at large, and anyone wanting to speak on the issue, and then close the
public comments. The MAC will then discuss the issue and make any motions they see
fit.
Mr. Ben Fernandez, Bercow Radeli, 200 S. Biscayne Blvd., representing EF Builders,
presented the application to amend the zoning and land use at 1622 NW 22" Ave, from
Duplex Residential (R-2) to Multi -Family High -Density Residential (R-4). Fernandez
stated he forwarded all MRC members and designee's the application to amend the
zoning and land use at this riverfront property, located on the North shore, immediately
west of the NW 22 Ave Bridge, to assist the MRC members in the evaluation of their
proposal. Fernandez noted the application is in its embryonic stage, which will be
flushed out throughout the application process, as riverfront projects require a City of
Miami Class Il Special Permit. Mr. Fernandez stated the area has existing non-
conforming apartment structures, which are built in nearby Duplex Residential zoned
lots. Fernandez stated this residential area to the east of Curtis Park, is different from the
area west of Curtis Park, because it does not have single-family residential homes on the
riverfront. Fernandez stated the subject property is on the west of the 22n Ave Bridge,
and the applicant owns the Marine Industrial zoned (SD-4) property to the east of the 22"d
Ave Bridge, and plans on maintaining its existing marina. Fernandez stated they do not
believe that developing the currently allowable Duplex Residential on this site is
appropriate due to the character of the surrounding area, including R-3 to the north of the
site and Marine Industrial to the East. :Fernandez stated if the property were rezoned to
R-4, it would allow for a taller residential development with a narrower footprint,
possibly allowing for the MRC supported Miami River Greenway to have a riverwalk at
this location, while allowing the structure to be taller than the 22" Ave Bridge, to create
views for the proposed residential units. Fernandez noted that R-3 allows for a maximum
height of 50 feet, which would not clear the 22" Ave Bridge, therefore blocking views, in
addition to creating a broader footprint, which may prevent a riverwalk. Mr. Fernandez
noted that additional access to the proposed development would be available off of NW
North River Drive, on the roadway beneath the 22" Ave Bridge. Mr. Fernandez asked if
the MRC members had any questions.
Mr. Parks asked, first, for any comments from anyone in the general public whom may be
opposed to the application to amend the land use and zoning. Hearing none, Parks asked
if there were any questions or comments on the proposal from anyone at all in the
General Public. Hearing none, Parks asked if there were any comments or questions
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May 3, 2004
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from the MRC members. Parks stated he wanted to make sure Mr, Fernandez and his
clients understood that the MRC has no regulatory authority, and is only requested by
City Commission resolution to provide the City Commission with a strictly advisory
recommendation on City Commission Agenda Items pertaining to the Miami River.
Parks noted that the MRC's requested advisory opinion is guided by the MRC's adopted
strategic plan, the Miami River Corridor Urban Infill Plan, which was created in
conjunction with the City of Miami and Miami -Dade County_
Ms. Jude asked what the ratio of number of people allowed in the proposed R-4 zoning
per acre. Mr. Fernandez replied R-4 zoning allows for a maximum of 150 units per acre,
however it isn't the potential developers intention to develop to that extent. Jude asked
how many units they were planning, and Fernandez replied that was not determined
because there is no site plan designed for the subject property, yet it would be
considerably less than 150 units per acre.
Ms. Janet McAliley asked why Fernandez was presenting the Zoning and Land Use
amendment applications at this time, with so many unknown factors, including Riverwalk
plans. Fernandez stated that the property owner decided to wait for the City
Commission's ruling on the Zoning and Land Use Amendments, which require the
MRC's advisory recommendation, before investing the additional "soft -costs" of
preparing a site plan, architectural renderings, etc., which are a requirement of the Class
11 Special Permit. Fernandez stated he would be happy to present the designed project to
the MRC at a later date, when the design is completed with the final zoning and land use
parameters in place.
Beau Payne asked if the single family homes located adjacent to the property were part of
the application. Fernandez replied that one of the homes is part of the pending
application, and one is not.
Phil Everingham asked about the status of the Marina to the East of the 22nd Ave Bridge.
The owner stated the Marina was occupied, permitted, and will be maintained as such.
Beau Payne clarified it was formerly known as the Poland Yacht Basin, and asked if any
extension of the Marine Industrial use had been contemplated for the subject property to
the west of the 22"d Ave Bridge. Fernandez replied that they would apply to extend the
dock along the shoreline to the western property boundary, yet neither the existing, nor
proposed residential land uses, allow for the extension of Marine Industrial uses to the
west.
Mr. Jim Murley, Chair of the MRC's Urban Infll Working Group, referenced MRC
members to the subcommittee's April 16, 2004 meeting minutes regarding this item,
which were mailed in their packets and available at the meeting. The subcommittee
found the proposed increase in zoning and land use density, from Duplex Residential to
Multi -Family High Density Residential, to be inconsistent with the Miami River Corridor
Urban .Will Plan, and therefore advised the MRC recommend the City Commission deny
the applications. Dr. Ernie Martin read the attached MRC Urban .lnfill Working Group's
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May 3, 2004
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Technical Report, which cited the Miami River Corridor Urban Infill Plan pages 34-35,
"Residential Allapattah is predominately low in density, with older single family homes
and newer duplexes interspersed." Martin referred to the pictures of the neighborhood
provided by Mr. Fernandez to the MRC members, and noted the Duplex Residential
character of the surrounding neighborhood. Dr. Martin stated the proposed amendment
to maximize the allowable residential density is out of scale and inappropriate for the
surrounding neighborhood. Martin stated a new residential development on this vacant
"upper river" site. consistent with the present Duplex Residential zoning and land use,
would be more consistent with the surrounding neighborhood and the Miami River
Corridor Urban Infill Plan, which further states on pages 34-35, "The appropriateness of
high density residential located directly on the River is highly questionable and should be
reconsidered". Martin stated the application was essentially to "spot zone" one parcel R-
4, in an area surrounded by lower density R-2 and R-3. Martin stated he believes a
recommendation of denial is also consistent with a new movement from Mayor Diaz and
the City Commission to amend the zoning code and City of Miami Comprehensive
Master Plan to protect low density neighborhoods from the encroachment of increased
high -density developments. Dr. Martin made a motion that the application to amend
the Land Use and Zoning at 1622 NW 22"d Ave, from Duplex Residential to Multi -
Family High Density Residential, is inconsistent with the Miami River Corridor
Urban Infill Plan, therefore the MRC recommends the City Commission deny the
applications. Ms. Janet McAliley seconded the motion. .Mr. Fernandez replied to Dr.
Martin's statements and motion by noting that the adjacent parcels are zoned Marine
Industrial, allowing 10 stories, and R-3, and the only reason they didn't appl,' for R-3 was
it would limit the height and opportunity for residential views over the 22n Ave Bridge.
Mr. Parks asked if there were any additional questions or comments. and hearing none
called the question. The motion was unanimously approved. Parks thanked Fernandez
for his presentation, and Fernandez thanked the MRC.
111. Miami River Commission Subcommittee Reports —
a. Dredging Working Group
The MRC Dredging Working Group, co-chair Dick Bunnell, stated on April 9, 2004 the
U.S. Army Corps on Engineers executed an $1 l .8 million base bid contract with Weston
/ Bean, to dredge the Miami River. Mr. 'Bunnell stated the full MRC should schedule to
receive a presentation on the project's status, possibly as soon as the MRC's June 7, 2004
meeting. Bunnell stated the Miami River Dredging project would go before the Board of
County Commissioners one final time as well. MRC Dredging Working Group Co -
Chair, Mr. Scott Mitchell, explained the project's required Memorandum of Agreement
(.MOA) with the U.S. Army Corps of Engineer's is pending Miami -Dade County
approval. Parks asked County Commissioner Barreiro's designee, Ms. Betty Gutierrez,
to inquire as to the status of the required MOA. Liz Abbott, South Florida Water
Management District, noted a condition of the submitted Florida Inland Navigational
District (FIND) S6,000,000 grant application, which requires permits to be issued in
order to be awarded, therefore the final permits for dredging the Miami River would need
to be approved prior to September 26, 2004 for the grant application to be considered.
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May 3, 2004
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Mr. Parks noted the MRC remains available to assist all of the Miami River Dredging
project's related agencies and partners in commencing the long-awaited project.
b. Miami River Safety and Security Committee — Deferred, co-chairs not present.
c. Miami River Corridor Urban Infill Plan Working Group
Mr. Parks noted the Florida Department of Transportation (.FDOT) has requested a
presentation planned for the MRC's June 7, 2004 meeting, regarding the Miami
Intermodal Center (MIC) and all the proposed bridges crossing the River to the planned
facility. M.r. Parks noted the importance of hearing from the River's Marine Industry
regarding the proposals, which may affect the River's Federal Navigable Channel. Mr.
Jim Murley, Chair of the Urban infill Working Group, stated they were working on
having a comprehensive transportation study conducted on the Miami River corridor. In
addition, Murley reported that consistent with the Miami River Corridor Urban Infall
Plan, Miami -Dade County is preparing to present a new Marine Industrial Zoning
Overlay District for the riverfront property in unincorporated Miami -Dade County, west
of the 27th Ave Bridge, in the "upper river" area.
d. Greenway's Subcommittee
Dr. Martin, co-chair of the MRC's Greenways Subcommittee, stated they are continuing
to monitor the development of the Miami River Greenway_ Mr. Bibeau noted that per the
MRC's April 5 request, Lavinia Freeman, Trust for Public Land. provided MRC staff
with Bill I-13550, Line Items 1115 & 1745, which was included in the MRC package. Jim
Murley reported that the Bill was recently deferred until next session.
e. Stormwater Subcommittee
Sallye Jude, Co -Chair of the MRC's Stormwater Subcommittee, reported that the
additional information requested by DERM on the submitted "Wagner Creek Dredging
Corrective Action Plan" was scheduled to be fully responded to by the City of Miami's
consultant before April 15, 2004.
Jude stated the Stormwater subcommittee has agreed to the Florida Department of
Environmental Protection's (FDEP) request to have a monthly agenda item on creating
the Total Maximum Daily Load (TMDL) water quality parameters, for Wagner Creek. A
consent decree requires the Wagner Creek TMDL's to be established by July 2005. and
they will be the first water body in Miami -Dade County to have a set TMDL. The Miami
River is required to have individual TMDL's set in 2007-2008.
The SSC's "Upper Wagner Creek Isolation Survey" Request for Proposals Evaluation
Committee, consisting of one voting member from the City of Miami, FDEP, DERM,
Miami -Dade Water and Sewer Department (WASD) and the South Florida Water
Management District (SFWMD), have selected to negotiate a contract for the MRC's
consideration with the successful bidder, Camp Dresser McKee. The contract will be for
an amount not to exceed the previously awarded SFWMD grant. intended for this
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May 3, 2004
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particular project, which was designed by the SSC's environmental agencies to seek to
identify the e-eoli contamination source in Wagner Creek.
Jude reported that the WASD tested the Miami -Dade County jail facility adjacent to
Wagner Creek, yet found no indication that it was a pollution source in Wagner Creek.
In addition, the SSC is working on the final selection of storm drain "stencil" materials to
apply environmental messages adjacent to Miami River inlets and outfalls, using funding
from a grant awarded to the MRC from the City of Miami.
f. Economic Development and Commerce Subcommittee — Ms. Megan Kelly,
co-chair of the MRC's Economic Development and Commerce subcommittee, reported
on the progress of the Miami River Marine Industries Symposium, planned for
September 27, 2004. Kelly stated that MRC staff had created a database for mailing
invitations. Kelly explained the subcommittee would like to secure an additional $10,000
in sponsorships, to guarantee a first-rate event. Kelly noted that $I0,000 in sponsorships
for the Symposium has been received thus far, with an additional in -kind donation from
the riverfront Hyatt Regency. Ms. Janet McAliley asked if the MRC may extend a
special invitation to MRC board member Mayor Manny Diaz to the symposium, and
noted the Mayor's recent "State of the City" address had five paragraphs about the
improvements to the Miami River, yet neglected to mention the MRC and its collective
efforts. Parks stated the MRC would invite Mayor Diaz to attend and address the
symposium.
IV. New Business -
Mr. Parks asked for any new business. Mr. Bibeau stated a pair of reading glasses were
left in the MRC's informational booth at Miami Riverday, and to contact MRC staff to
claim them.
V. Adjournment
The meeting adjourned.
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