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HomeMy WebLinkAboutDocument Submitted into the RecordMiami River Commission Policy Committee: Governor of State of Florida Mr. Jeb Bush Designee: Dr. Pamella Dana Chair of Miami -Dade Delegation Senator Rudy Garcia Designee: Rep. Gus Barreiro Chair of Governing Board of South Florida Water Management District Mr. Kevin McCarty Designee: Ms. Irela Baguc Miami -Dade State Attorney Ms. Katherine Fernandez -Rundle Designee: Mr. Gary Winston Mayor of Miami -Dade County Mayor Carlos Alvarez Designee: Mr. Roman Gastesi Mayor of Miami Mayor Manuel A. Diaz Designee: Mr. Otto Boudet-Murfas City of Miami Commissioner Commissioner Joe Sanchez Designee: Mr. Steve Wright Miami -Dade County Commissioner Commissioner Bruno Barreiro Designee: Ms. Betty Gutierrez Chair of Miami River Marine Group Mr. Charles "Bud" Morton Designee: Mr. Richard Bunnell Chair of Marine Council Mr. Phil Everingham Executive Director of Downtown Development Authority Mr. Dana A. Nottingham Designee: Mr. Adam Lukin Chair of Greater Miami Chamber of Commerce Mr. George Foyo Designee: Ms. Megan Kelly Neighborhood Representative Appointed by City of Miami Commission Dr. Ernest Martin Designee: Mr. Michael Cox Neighborhood Representative Appointed by Miami -Dade Commission Ms. Sallye Jude Designee: Ms. Jane Caporelli Representative from Environmental or Civic Organization Appointed by the Governor Member at Large Appointed by the Governor Mr. Eric Buermann Member at Large Appointed by Miami -Dade Commission Ms. Sara Babun Designee: Mr. Eddie Rodriguez Member at Large Appointed by City of Miami Commission Mr. Manny Priegucz Managing Director Mr. Brett Bibeau do Robert King High 1407 NW 7th ST, Suite D Miami, Florida 33125 Office: 305-644-0544 Fax: 305-642-1136 email: mrc@rsmas.miami.edu www.miamirivcrcommission.org January 26, 2006 Honorable Chairman Angel Gonzalez City Hall 3500 Pan American Drive Miami, FL 33145 Re: Recommendation Regarding January 26, 2006 City Commission Agenda Items PZ. 27-PZ. 28 Dear Chairman Gonzalez: This letter serves as the Miami River Commission's (MRC) "official statement" to all City Commissioners, requested in City Resolution 00- 320, regarding January 26, 2006 City Commission agenda items PZ. 27-PZ. 28, which impact the Miami River. On November 1, 2004, Mr. Ben Fernandez, Berkow Radell, presented the "Brisas del Rio" development to the Miami River Commission, including the proposed land use and zoning amendment. The MRC found the zoning amendment in this "upper river" marine industrial area, from Marine Industrial (SD-4) to Commercial (C-1), to allow the proposed 698 residential unit development, to be inconsistent with the Miami River Corridor Urban Infill Plan, by a vote of 7-6. The MRC noted the development would require partial filling of existing and irreplaceable water slips on the subject property, and is out of scale and character with the surrounding area. rely, Irela Bague Chair, Miami River Commission SUBMITTED INTO THE PUBLIC RECORD FOR ITEM �Z;,'Y ON '/a4/6b . .05%oo-7Gy,< o5 6a AN DREW W.J. DICKMAIN Attorney at Law Miami T: (305) 758-3621 F: (305) 758-0508 January 25, 2006 Hon. Angel Gonzalez, Chair Hon. Johnny L. Winton Hon. Joe M. Sanchez Hon. Tomas P. Regalado Hon. Michelle Spence -Jones CITY OF MIAMI 3500 Pan American Drive Miami, Florida 33133 Naples T: (239) 597-7017 F: (239) 597-2899 Submitted Into the public record in connectionGwiitt L item Pz. ).1 on Priscilla A. Thompson City Clerk RE: Motion to Continue "Coastal on the River" and "Brisas Del Rio" at the January 26, 2006 City Commission meeting. Dear Commissioners: This firm represents the Miami River Marine Group, Inc. ("MRMG") in connection with the above referenced matters. My client is a trade organization and port cooperative consisting of the shipping and related companies working on the Miami River collectively as the "Port of Miami River". We respectfully request that all Miami River items, including the two referenced above, be continued, and in support state: 1. On November 16, 2005, the Third District Court of Appeals ordered that the "Port of Miami River" objectives and policies found in the City's comprehensive plan under Goal PA-3 apply to the entire River, not just 14 undefined shipping companies, as proposed by the City. Payne v. City of Miami, 3D05-708. The Court's mandate has not been ordered yet because the City and the Hurricane Cove developer have motioned for a rehearing. How the Court rules in this case will determine the legal standards and analyses the City must use when evaluating development orders on the River. For this reason alone, the Commission should postpone all development decisions on the River. 2. MRMG has only recently learned that the City's Planning Department is seeking approval "to clarify language pertaining to the Port of Miami River Sub element" contained in Goal PA-3 and related objectives and policies. The Department has placed this item on the February 1, 2006 Planning Advisory Board ("PAB") agenda, yet we are still unable to get specific information as to what and how the Department wants to "clarify" these policies. The Commission should postpone all action on the River until it and the public have had adequate time to review what the Department is proposing. 3. Finally, my client's expert is unavailable to attend the above referenced Law Offices of Andrew Dickman, P.A. P.O. Box 771390 • Naples, FL 34107-1390 • andrewdickman@bellsouth.net OS 007bq City of Miami Commission 1/25/2006 Page 2 quasi-judicial hearings as he has a previously scheduled hearing on the same day. We are presently litigating two cases on the River and preparing for hearings at the PAB and Commission using the same expert. We cannot adequately prepare for so many frequently scheduled hearings, depositions and trials. Our expert has critical information the Commission should consider before taking action on these developments. Again we request the Commission postpone the above actions until we can ensure that our expert is available. As a matter of due process, we respectfully request that the Commission continue these items until a later date when all parties have adequate notice and can be heard. More importantly, the City should use this time of "no action" to evaluate the River interests and adopt a long range plan for development decisions along the banks of the River. We have consistently petitioned the City to adopt the River Commission's "Urban Infill Plan" as a way to avoid litigation and to give all the river stakeholders predictability, balance and a vision for the future. Unfortunately, this alternative has been consistently rejected. Thank you for your consideration of this request. cc: Hon. Manny Diaz Joe Arriola Jorge L. 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