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HomeMy WebLinkAboutStaff Analysis and MapsCity of Miami Planning Department ANALYSIS FOR REZONE Staff Analysis Report No. PZ-19-4774 Location 1535, 1545, 1583 Northwest 24 Avenue, Miami, FL Folio Numbers 0131340680010, 0131340590020, 0131340590010 Miami 21 Transect "D3" Waterfront Industrial MCNP Designation Medium Density Multifamily Residential and Industrial Commission District Commissioner Wifredo "Willy" Gort (District 1) NET District Allapattah Planner Sue Trone, Chief of Comprehensive Planning Property Owner Brisas Del Rio, Inc. Represented by Jorge Navarro, Esq (305) 579-0821 A. REQUEST Pursuant to the Miami 21 Code, Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21"), as amended, the City of Miami is recommending a change to the Zoning Atlas for properties generally located at 1535, 1545, and 1583 Northwest 24 Avenue. The City's keenest interest in changing the zoning designation for these properties is based on the criteria established in Miami 21, Article 7, Section 7.1.2.8.f.1(a), which requires careful consideration of changes to the zoning code with respect to the goals, objectives, and policies of the Comprehensive Plan. The request is twofold: (1) to change approximately 0.53 acres of property, currently designated "T5-L" to two designations: "T5-R" and "D3"; (2) to change the remaining 8.91 acres of property currently designated "T6-12-L" to two designations: "T5-R" and "D3." The result of these requests creates two designations: a single "T5-R" designation of 2.25 acres and a single "D3" designation of 7.19 acres. The purpose of this request is to ensure that the zoning is consistent with the underlying designation in the Future Land Use Map ("FLUM"), explained below. The current and proposed zoning is depicted in the following graphics. Staff Analysis Report No. (PZ-19-4774) — Page 1 Existing Zoning Proposed Zoning 73 R 1 T5-L CS II T3A T9-R T6-3-C \ Ts-R MEM iii:ii: MI T3-0 T5-L R D3 76-6-0 - '6-'2-L�D3 L.nninni■ 11111111 1111 ~ T-L }L CS T. p L' =O�rT T4.L - T$ I I I D1 T5; -TO' Above: 0.53 acres is currently zoned T5-L, associated with 1583 NW 24 Avenue. The remainder of the Subject Properties are zoned T6-12-L. Above: The Planning Department recommends changing the Zoning Atlas to reflect the above zoning where 2.25 acres are changed to T5-R and the remaining 7.19 acres are changed to D3. This reflects the zoning boundaries of the property prior to Ordinance 12777, and is an approximation of the land development entitlements under Miami 21 that were permissible under Zoning Ordinance 11000. B. RECOMMENDATION The Planning Department strongly recommends the approval of the change of zoning to the Subject Properties from "T5-L" Urban Center Zone - Limited to "T5-R" Urban Center Zone - Restricted for 2.25 acres of the Subject Property and from "T6-12-L" Urban Core Zone - Limited to "D-3" Waterfront Industrial for 7.19 acres of the Subject Property to achieve consistency with the Future Land Use Map of the Miami Comprehensive Neighborhood Plan. C. BACKGROUND The Subject Properties at 1535, 1545, and 1583 Northwest 24 Ave, commonly referred to as "Brisas Del Rio," are located on the Miami River. The total area encompasses 9.44 acres. The Subject Properties were last rezoned by Zoning Ordinance 13114, the ordinance that adopted Miami 21. Prior to this, the owner of the properties brought forward applications requesting a change to the Future Land Use Map ("FLUM") and Zoning Atlas in 20051. The Subject Properties were dually designated on the FLUM at the time, with approximately 2.25 acres designated Medium Density Multifamily Residential and approximately 7.19 acres designated Industrial. Similarly, the Zoning Atlas implemented the FLUM with zoning designations following the same demarcations on the atlas: approximately 2.25 acres showed a zoning designation of R-3 (Medium Density Multifamily Residential) and 7.19 acres showed a zoning designation of SD-4 (the Waterfront Industrial Special District). Below, please find excerpts from the associated FLUM and Zoning Alas. 1 The zoning ordinance in effect at the time was Ord. No. 11000. Staff Analysis Report No. (PZ-19-4774) — Page 2 Below: the FLUM as it existed prior to the 20062 amendment Below: the Zoning Atlas as it existing prior to the 2006 amendment IIUM DENS, ( T1FAMILY 1111 .' --' RECREATION — — t — —' — I- PR 1611 ► 0 nEOIUM D ',:o, , AULTIFAMILY /7/7 �d RE #.1 _ lk e, DUPLEX RESIDENTIAL In 2006, the City Commission approved the property owner's request to change the Future Land Use Map ("FLUM") designation (Ord. No. 12776) and Zoning designation (Ord. No. 12777). The FLUM created by Ord. No. 12776 no longer exists as it was successfully appealed in a court case known as The Durham Park Neighborhood Association, Inc., The Miami River Marine Group, Inc., and Herbert Payne; v. City of Miami and Brisas Del Rio, LLC. The matter of the FLUM designation was ultimately decided by the 3rd District Court of Appeals in 2007, reversing the 2006 FLUM Ordinance. Nevertheless, the entire appeals process took about four years to resolve through mediation, due to a statutory provision known as the "Waterfronts Florida Program," established in Sec. 342.201, F.S., which identified these and other parcels on the Miami River as having special qualities that needed to be preserved through the comprehensive plan with particular policies. This statutory provision is intended to preserve "Recreational and commercial working waterfronts," defined as a "parcel or parcels of real property that provide access for water -depending commercial activities or provide access for the public to the navigable waters of the state. Recreational and commercial working waterfronts require direct access to or a location on, over, or adjacent to a navigable body of water... These facilities include docks, wharfs, lifts, wet and dry marinas, boat ramps, boat hauling and repair facilities, commercial fishing facilities, boat construction facilities, and other support structures over the water." Matters beyond the FLUM designation of these Subject Properties were ultimately settled through a mediation process memorialized by a Stipulated Settlement Agreement. The parties to this agreement were the City of Miami, the State Land Planning Agency, and the Appellants. The City adopted the agreement by Resolution No. R-10-0327 in addition to text amendments to the Miami Comprehensive Neighborhood Plan (MCNP), adopted by Ordinance No. 13189, both adopted on July 22, 2010. With the MCNP amendment, parcels on Miami River were identified as having special qualities relative to Sec. 342.201. 2 The applications, received on April 6, 2005 were heard by City Commission and adopted on February 23, 2006. Staff Analysis Report No. (PZ-19-4774) — Page 3 Ordinance 13189 introduced to the MCNP Appendix PA-1 which includes the Recreational and Commercial Working Waterfront Property Table — July 22, 2010 and the Recreational and Commercial Working Waterfront Property Map — July 22, 2010. In the table, these properties are listed as numbers 72, 73, and 74 (using one address [1583 NW 24 AV] but individual folio numbers). In this table, these properties are erroneously listed as having FLUM designations "Industrial." Nevertheless, by operation of law, the Property's FLUM designations are those which existed just prior to the enactment of the 2006 FLUM Ordinance (Ordinance No. 12776) because of the reversal of the ordinance by the 3rd DCA and there having been no other intervening FLUM change affecting the Property to date. Therefore, the FLUM for the Subject Properties are Medium Density Multifamily Residential for the 2.25 acres on the westerly portion of the property and Industrial for the 7.19 remaining acres. ping Histor The 2005 application received from the owner was submitted prior to the current Zoning Ordinance. At that time, zoning was regulated under Ordinance No. 11000. The effect of the 3rd DCA only applied to the FLUM—it had no effect on the City's zoning ordinance. Therefore, Ordinance No. 12777 (the change to the Zoning Atlas, adopted on February 23, 2006), was not reversed by the 3rd DCA. R-1 R-2 R-3 R-4 C-1 LEFT: In the excerpted Zoning Atlas for Ord. No. 11000, notice the Subject Properties outlined in aqua -blue. The zoning designations are R-3 for approximately 0.53 acres in the upper left corner of the property. The remaining approximately 8.19 acres are designated C-1. The next observation to the Zoning Atlas occurs with the adoption of Miami 21, in May 2010. The excerpt of the Zoning Atlas around the Subject Properties shows that Miami 21 re- designated these properties in the following way: for properties that had been R-3, Miami 21 re -designated them as T5-L and the portion that had been C-1 was re -designated as T6-12 L. See the excerpted portion of the Zoning Atlas adopted with Ordinance No. 13114 ("Miami 21"), below, that shows this. Staff Analysis Report No. (PZ-19-4774) — Page 4 1,7111E1-1 T5R R-3 T5 R- T5 R 1 QJ fi�llll 1 T6-12 Ly C-1 raw Uo SD-4 LEFT: In the excerpted Zoning Atlas for Ord. No. 13114, the Subject Properties were zoned "T5 L" and "T6-12 L." This was the Miami 21 zoning adopted in 2010, and no intervening zoning ordinances have been adopted since that time to change this. D. ANALYSIS According to Sec. 163.3201, F.S., zoning regulations must be consistent with comprehensive plans: It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented, in part, by the adoption and enforcement of appropriate local regulations on the development of lands and waters within an area. It is the intent of this act that the adoption and enforcement by a governing body of regulations for the development of land or the adoption and enforcement by a governing body of a land development code for an area shall be based on, be related to, and be a means of implementation for an adopted comprehensive plan as required by this act. Article 7, Section 7.1.2.8.f.1.(a) requires amendments to the zoning code to be consistent with the Comprehensive Plan. But for this amendment to the Zoning Atlas, the Subject Properties are inconsistent with the MCNP, which is a deviation of the standards set forth in Miami 21 and is a violation of Florida Statutes because the underlying FLUM designations are Medium Density Multifamily Residential and Industrial. E. CONCLUSION The Planning Department strongly recommends the approval of the change of zoning to the Subject Properties from "T5-L" to "T5-R" and "D3: and from "T6-12-L" to "T5-R" and "D3" to achieve consistency with the Future Land Use Map of the Miami Comprehensive Neighborhood Plan. Staff Analysis Report No. (PZ-19-4774) — Page 5 Ja-dijueline Ellis Chief, Land Dev lopment Attachments: Attachment A — Leg Description of Parcel A Attachment B — Legal Description of Parcel B Attachment C — Backup Material Staff Analysis Report No. (PZ-19-4774) — Page 6 -ATTACHMENT A A B NI. CORNER OF N.W.C1/4 i4 20th STREET OF SECTION 3434-53-41�OF SECTION 34n53-41 N.W. 2 S R Z W 4 I z z SITE LOCAITION LoF SEC"ON°4"53-41 LOCATION MAP NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 53 SOUTH, RANGE 41 EAST CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA (NOT TO SCALE) N.W. 14th STREET CENTER OF SECTION 34-53-41 SURVEYOR'S NOTES: 1) This is not a Boundary Survey, but only a GRAPHIC DEPICTION of the description shown hereon. 2) North Arrow direction and Bearings shown hereon are based on an assumed meridian of S01°21'13"E, along the Center Line of N.W. 24th Avenue, as shown on recorded Plat Book 60, at Page 56, of the Public Records of Miami —Dade County, Florida. 3) Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. 4) There may be additional Restrictions not shown on this Sketch & Legal that may be found in the Public Records of this County, Examination of TITLE POLICY will have to be made to determine recorded instruments, if any affecting this property. 5) The Sketch and Legal Description shown herein is based on the information provided by the Client. 6) No Title research has been performed to determine if there are any conflict existing or arising out of the creation of the easements, Right of Ways, Parcel Descriptions, or any other type of encumbrances that the herein described legal may be utilized for. SURVEYOR'S CERTIFICATE: I Hereby Certify to the best of my knowledge and belief that this drawing is a true and correct representation of the SKETCH AND LEGAL DESCRIPTION of the real property described hereon. I further certify that this survey was prepared in accordance with the applicable provisions of Chapter 5J-17.051 (Formerly 61G17-6), Florida Administrative Code, and conforms to the 5 Standards of Practices set forth by the Florida Board of Land Surveyors and Mappers pursuant to Section 472.027, Florida Statutes. Ford, Armenteros 8e Fernandez, Inc. LB#6557 Date: FEBRUARY 5th, 2019 Revision 1: By: Ricardo Rodriguez, P.S.M., For the Firm Professional Surveyor and Mapper State of Florida, Registration No.5936 4- BRISAS DEL RIO - ORIGINAL PARCEL "A" FORD, ARMENTEROS & MANUCY, INC. 1950 N.W. 94th AVENUE, 2nd FLOOR DORAL, FLORIDA 33172 PH. (305) 477-6472 FAX (305) 470-2805 TYPE PROJECT SKETCH AND LEGAL DESCRIPTION SHEET NAME: PREPARED FOR: LOCATION MAP AND SURVEYOR'S NOTES DRANN er: R.RODRIGUEZ DATE: FEBRUARY 5th, 2019 DWc. CHECKED BY: SCALE: AS SHOWN CHECKED BY: PROLCI Na 13-038-5302 OF 3 SHEETS LEGAL DESCRIPTION: ORIGINAL PARCEL A: A Portion of Tract 2, "ALLENS SUBDIVISION", according to the plat thereof, as recorded in Plat Book 60, at Page 56, of the Public Records of Miami —Dade County, Florida, said land lying in and being in the City of Miami, Florida; and Portion of Tract 3, "ALLENS SUBDIVISION — FIRST ADDITION", according to the plat thereof, as recorded in Plat Book 73, at Page 37, of the Public Records of Miami —Dade County, Florida, said lands lying in and being in the City of Miami, Florida, being more particularly described as follows: Begin at the Northwest corner of Lot 8, Block 1, of "DEL RIO PARK", according to the plat thereof, as recorded in Plat Book 47, at Page 107, of the Public Records of Miami —Dade County, Florida; thence N8817'02"E, along the South line of said Tract 2 of said Plat of "ALLENS SUBDIVISION", for a distance of 170.69 feet; thence N01 21'13"W for a distance of 411.65 feet; thence N71 `49'58"W for a distance of —2 342.58 feet to a point on the Westerly line of said Tract 3, of said Plat of "ALLENS 2— SUBDIVISION — FIRST ADDITION"; thence S0121'13"E, along the last described line for a distance of 144.39 feet to the Southwest Corner of said Tract 3; the next described three (3) courses and distances being along the Southerly, Southwesterly and Westerly lines of said Tract 3: 1) thence S7V49'58"E for a distance of 108.50 feet to a point of curvature of a circular curve to the right, concave to the Southwest; 2) thence Southeasterly and Southerly along the arc of said curve, having for its elements a radius of 75.00 feet, through a central angle of 7028'41" for an arc distance of 92.26 feet to a point of tangency; 3) thence S0121'13"E for a distance of 215.87 feet; thence continue SO121'13", along the Westerly line of said Tract 2, of said Plat of "ALLENS SUBDIVISION", for a distance of 60.00 feet to the POINT OF BEGINNING. —3 —4 All of the above described lands lying and being in the City of Miami, Miami —Dade County, Florida and containing 98,010 Square Feet or 2.25 Acres more or less. A 3- 4- LEGEND O.R.B. - OFFICIAL RECORDS BOOK P.O.C. - POINT OF COMMENCE P.O.B. - POINT OF BEGINNING P.O.T. - POINT OF TERMINATION C/L - CENTERLINE P.B. - PLAT BOOK PG. - PAGE BRISAS DEL RIO - ORIGINAL PARCEL "A" TYPE OF PROJECT: SKETCH AND LEGAL DESCRIPTION SHEET N ARE LEGAL DESCRIPTION TO ACCOMPANY SKETCH FORD, ARMENTEROS & MANUCY, INC. 1950 N.W. 94th AVENUE, 2nd FLOOR DORAL, FLORIDA 33172 PH. (305) 477-6472 FAX (305) 470-2805 PREPARED FOR: DRAWN BY: R.RODRIGUEZ DATE FEBRUARY 5th, 2019 DWG. CHECKED BY SCALE: NIA CHECKED BY: PROJECT No: 13-038-5302 SHEET: 2 OF 3 SHEETS 2 3 4 s SiJsex Wes', 8040' GRAPHIC SCALE 40' ( IN FEET ) Inch = 80 ft. MIA-A/1I RIVER R�GHT_oFp- - AS SHOWON 00 TH53A11gc ORIGINAL PARCEL "B" T 7.19 ACRES PORPiOn , Cr3 P.O.B. O CORN0F NOLE k.0 ?A PARCEL A o8 5, BLOCH . OF LOT7 LOT 6 BLOCK 1 i DEL RIO PARK 1 (?-B. 47, PG, I071i PORTION OF TRACT 2 (PB. 60. PO. 56) 80' ORIGINAL PARCEL "B" 7.19 ACRES (P.B. 60, PG. 56) PORTION OF TRACE' (P.B. 60, PO. 56) ORIGINAL PARCEL "B" 7.19 ACRES SOUTHERLY LOT 5 0P TRAC', 2 LOT 4 2 3 4 BRISAS DEL RIO - ORIGINAL PARCEL "A" ,YPE OF PROJECT: SKETCH AND LEGAL DESCRIPTION SHEET 5030. SKETCH TO ACCOMPANY LEGAL DESCRIPTION FORD, ARMENTEROS & MANUCY, INC. 1950 N.W. 94th AVENUE, 2nd FLOOR DORAL, FLORIDA 33172 f 1 I. (305) 477 6472 FAX (305) 470-2805 PREPARED FOR: DRAM BY R.RODRIGUEZ DATE' FEBRUARY 5th, 2019 DWG. LTLLKLD BY: S,ALL AS SHOWN CHECKED BY: PROJECT No: 13-038-5302 SHEET: OF 3 SHEETS ATTACHMENT NBRNER OFNW 1/4 OF SECTION 34-53-4 N.W. CORNER OF N.W. 1/4 20th STREET OF SECTION 34-53-41 N.W. -3 I NI 1 z - - N W — I— 4— h STREET S.W. CORNER OF N.W. 1/4 OF SECTION 34-53-41 CENTER OF SECTION 34-53-41 NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 53 SOUTH, RANGE 41 EAST CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA SURVEYOR'S NOTES: (NOT TO SCALE) SITE LOCATION I3 1) This is not a Boundary Survey, but only a GRAPHIC DEPICTION of the description shown hereon. 2) North Arrow direction and Bearings shown hereon are based on an assumed meridian of S01°21'13"E, along the Center Line of N.W. 24th Avenue, as shown on recorded Plat Book 60, at Page 56, of the Public Records of Miami —Dade County, Florida. 3) Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. 4) There may be additional Restrictions not shown on this Sketch & Legal that may be found in the Public Records of this County, Examination of TITLE POLICY will have to be made to determine recorded instruments, if any affecting this property. 5) The Sketch and Legal Description shown herein is based on the information provided by the Client. 6) No Title research has been performed to determine if there are any conflict existing or arising out of the creation of the easements, Right of Ways, Parcel Descriptions, or any other type of encumbrances that the herein described legal may be utilized for. SURVEYOR'S CERTIFICATE: I Hereby Certify to the best of my knowledge and belief that this drawing is a true and correct representation of the SKETCH AND LEGAL DESCRIPTION of the real property described hereon. - I further certify that this survey was prepared in accordance with the applicable provisions of Chapter 5J-17.051 (Formerly 61G17-6), Florida Administrative Code, and conforms to the -5 Standards of Practices set forth by the Florida Board of Land Surveyors and Mappers pursuant to 5- Section 472.027, Florida Statutes. Ford, Armenteros & Fernandez, Inc. LB#6557 Date: FEBRUARY 5th, 2019 By Ricardo Rodriguez, P.S.M., For the Firm Professional Surveyor and Mapper State of Florida, Registration No.5936 BRISAS DEL RIO - ORIGINAL PARCEL "B" TYPE OF PROJECT SKETCH AND LEGAL DESCRIPTION FORD, ARMENTEROS & MANUCY, INC. 1950 N.W. 94th AVENUE, 2nd FLOOR DORAL, FLORIDA 33172 PH. (305) 477-6472 FAX (305) 470-2805 SHEET NAME LOCATION MAP AND SURVEYORS NOTES PREPARED FOR: DRAWN BY R.RODRIGUEZ DATE FEBRUARY 5th, 2019 DWG. CHECKED BY: SCALE AS SHOWN CHECKED BY: PROJECT No: 13-038-5303 SHEET: 1 OF 3 SHEETS A —4 -5 LEGAL DESCRIPTION: ORIGINAL PARCEL B: Tracts 1 and 2, "ALLENS SUBDIVISION", according to the plat thereof, as recorded in Plat Book 60, at Page 56, of the Public Records of Miami —Dade County, Florida. said land lying in and being in the City of Miami, Florida; AND Tract 3, "ALLENS SUBDIVISION — FIRST ADDITION", according to the plat thereof, as recorded in Plat Book 73, at Page 37, of the Public Records of Miami —Dade County, Florida. said lands lying in and being in the City of Miami, Florida. LESS THE FOLLOWING DESCRIBED PARCEL: ORIGINAL PARCEL A: A Portion of Tract 2, "ALLENS SUBDIVISION", according to the plat thereof, as recorded in Plat Book 60, at Page 56, of the Public Records of Miami —Dade County, Florida, said land lying in and being in the City of Miami, Florida; and Portion of Tract 3, "ALLENS SUBDIVISION — FIRST ADDITION", according to the plat thereof, as recorded in Plat Book 73, at Page 37, of the Public Records of Miami —Dade County, Florida, said lands lying in and being in the City of Miami, Florida, being more particularly described as follows: Begin at the Northwest corner of Lot 8, Block 1, of "DEL RIO PARK", according to the plat thereof, as recorded in Plat Book 47, at Page 107, of the Public Records of Miami —Dade County, Florida; thence N88°17'02"E, along the South line of said Tract 2 of said Plat of "ALLENS SUBDIVISION", for a distance of 170.69 feet; thence N01.21'13"W for a distance of 411.65 feet; thence N71.49'58"W for a distance of 342.58 feet to a point on the Westerly line of said Tract 3, of said Plat of "ALLENS SUBDIVISION — FIRST ADDITION"; thence S01°21'13"E, along the last described line for a distance of 144.39 feet to the Southwest Corner of said Tract 3; the next described three (3) courses and distances being along the Southerly, Southwesterly and Westerly lines of said Tract 3: 1) thence S71°49'58"E for a distance of 108.50 feet to a point of curvature of a circular curve to the right, concave to the Southwest; 2) thence Southeasterly and Southerly along the arc of said curve, having for its elements a radius of 75.00 feet, through a central angle of 70°28'41" for an arc distance of 92.26 feet to a point of tangency; 3) thence S01°21'13"E for a distance of 215.87 feet; thence continue S01 °21'13", along the Westerly line of said Tract 2, of said Plat of "ALLENS SUBDIVISION", for a distance of 60.00 feet to the POINT OF BEGINNING. All of the above described lands lying and being in the City of Miami, Miami —Dade County, Florida and containing 313.090 Square Feet or 7.19 Acres more or less. A 2- 3- 4- LEGEND O.R.B. - OFFICIAL RECORDS BOOK P.O.C. - POINT OF COMMENCE P.O.B. - POINT OF BEGINNING P.O.T. - POINT OF TERMINATION C/L - CENTERIJNE P.B. - PLAT BOOK PG. - PAGE BRISAS DEL RIO - ORIGINAL PARCEL "B" FORD, ARMENTEROS & MANUCY, INC. 1950 N.W. AL, AVENUE, FLOOR J® DORAL, FLORIDA 33172 r/A PH. (305) 477-6472 J FAX (305) 470-2805 PROJECT: SKETCH AND LEGAL DESCRIPTION SHEET NAME LEGAL DESCRIPTION TO ACCOMPANY SKETCH PREPARED FOR: DRAWN BY R.RODRIGUEZ DATE FEBRUARY 5th, 2019 DWG CHECKED BY: SCALE N/A CHECKED BY. PROJECT Na: 13-038-5303 SHEET: 2 OF 3 SHEETS GRAPHIC SCALE l00' 00' 0 50' 100' -2 (3 / `4\ 5 8. y/ og- RpAD g \\ \� A=saz6 II ^1 d , al I' 1 i2s:00 1 25.00' 1 p (P.$TRA pG OF ---11 11 li 1 II 1 ^ --- s 1 � -5 9 5 1¢ MIA oF— — LESS OUT ORIGINAL PARCEL "A" 2.25 ACRES SoU,li7RLL ;N EG. 7T 3 s, _OUNo6L LNEp F C7 z 56 PORTION OF TRACT 1 18 (P.B. 60, PG. 56) 1' N88`I7'OT"E 170.69T r 5.00' 1 ?ROB. OF aLESS W T PARCEL Al -o Rioaum"[p %7LVG 10L) LOT A LOT BLG K DEL RI PARK (P.B.47, G. 107) ( IN FEE inch = 100 ft L — 0— — — —L— o, to N.W. 15th STREET 2 30 ssai7'oz•w BRISAS DEL RIO - ORIGINAL PARCEL "B" TYPE OF PROJECT SKETCH AND LEGAL DESCRIPTION SHEET NAME SKETCH TO ACCOMPANY LEGAL DESCRIPTION FORD, ARMENTEROS & MANUCY, INC. 1950 N.W. 94th AVENUE, 2nd FLOOR DORAL, FLORIDA 33172 PH. (305) 477-6472 FAX (305) 470-2805 PREPARED FOR: DRAWN BY: R.RODRIGUEZ DOTE FEBRUARY 5th, 2019 DWG CHECKED BY SCALE: AS SHOWN CHECKED BY: PROJECT No: 13-038-5303 SHEET: 3 OF 3 SHEETS g f59L PQ -SO ' ' j 9L 20 -S /57LV o--.50 MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (1989) VOLUME II DATA AND ANALYSIS. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 VOLUME II DATA AND ANALYSIS feo /eve of Olen me clealel maw IN.W .lam vnrlr —o'M ) Iffy 1r N . •...e..rr.11r live 'vs. It rye peels. te• - Veen. Fa peyote Oa Olera• sit invilielet at llllll ad Ow W4eons mIlvelot. Ile Pat if Mal, r�I.Mawry operant Of Iwo/ flee.. M. to en Mal, Um West Slave It, am, r1 s.i. r.f =r•�l H: M. ,4-1 ~ •Yr. .rwc11. w K .I rlw, rv: Y �...•M blw.ry a▪ nt • lenloal Satoh ahem tea sees I.. ester Irate. het beldame ales av W'1 sP,g7' r.�r.il i.. ht rj Iw.� Ioe a .r,.....'ir CI▪ I/vo .r It ;iran : era:,, : ..�r~rtrl.W. N '�•ylw : �.I Iwo...K,r L_ftpl d.rp.IM. *WM Ih.YU4 11I1.1. - _.. r.r.mv r�l 1.1rr1,n.1 mown Illeol tit1,r1 MI...., Port of Miami River 1. General description of transportation activities The Port of Miami River consists of about fourteen independent shipping terminals located along the Miami River, which have been formally designated as the Port of Miami River to meet U.S. Coast Guard regulations governing the pumpout of bilge water. Hence, the Port of Miami River is not an operating entity or an ownership, but rather is an association of shippers. (See Dade County Port and Aviation Element, page 75). 2. Location of terminal and/or transport activities The approximately 14 shipping terminals that together comprise the Port of Miami River are located along the navigable portion of the Miami River; that is, from its mouth to the permanent salinity dam located east of LeJeune Road (N.W. 42 Avenue). (See Dade County Port and Aviation Element, page 75), ATTACHMENT C COMPENDIUM OF BACKUP MATERIALS 1. ORDINANCE 12776 (AMENDING THE FLUM, 2006) 2. ORDINANCE 12777 (AMENDING THE ZONING ATLAS, 2006) 3. THE STIPULATED SETTLEMENT AGREEMENT, ADOPTED BY RESOLUTION R-10-0327 a. THIS SETTELED DISAGREEMENTS ABOUT THE MIAMI RIVER 4. ORDINANCE 13189, AMENDING THE MCNP AS PART OF REMEDIAL ACTIONS AGREED TO IN THE STIPULATED SETTLEMENT AGREEMENT mr PEW WI -- W. MR MR MI UPI OM Mg M Jr MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 VOLUME II DATA AND ANALYSIS Submitted Into the public record in connectionWith item -17 c.x-34 on Priscilla A. Thompson City Clerk VIII. Ports, Aviation and Related Facilities Background Port of Miami 1. General description and ownership (operator) The Port of Miami was created under authority of the Charter of Dade County. It is owned by Metropolitan Dade County and operated by the Metropolitan -Dade County Seaport Department, created in 1960 by Executive Order of the County Manager, under the management of a Port Director. The Port Director reports to the County Manager, who is appointed by the 9-member Board of County Commissioners. The Port of Miami is a "non -operating port" -- that is, it manages and provides the facilities for private entities to operate all shipping activities, and does not itself provide the manpower required to handle those activities. The Port of Miami's history dates back to the 1840`s, and at various times during it has been operated by Henry Flagler, the City of Miami, the United States Navy and, most recently, Metropolitan Dade County. In 1960-61, a joint agreement between the City of Miami and Metropolitan Dade County transferred operation of the then -existing seaport on Biscayne Boulevard (along with a small overflow operation on nearby Watson Island) to Metro -Dade County, and provided that construction of the new Port on Dodge Island would be the responsibility of the County rather than the City. Another provision of the joint agreement was that, once the Port at Dodge Island could handle all the existing cargo and passenger traffic, the Biscayne Boulevard Port properties would revert to the City of Miami. This latter step was accomplished in the early 1970's and the former Port is now the City's Bicentennial Park. 2. Location and general surface transport access points The Port of Miami is connected to the mainland by a two-lane road, Port Boulevard, with a low-level bascule bridge that opens for water traffic. Port Boulevard splits as it approaches Biscayne Boulevard, where it connects with the downtown street system. Access to the two expressways serving the area -- I-95 and I-395, is by one-way pairs of surface streets. Additional Port of Miami access is by a track of the Florida East Coast Railway, also used by the Seaboard Coast Line Railroad. This track, which is used exclusively for Port cargo, approaches the Port on a right-of-way lying between N.E. 6th and 7th Streets, then crosses Biscayne Boulevard and runs along the south side of a City -owned tract of land known as the "FEC property". It then traverses the Intracoastal Waterway on a low-level bascule bridge which remains open to water traffic at all times except when train movement over it is required. The railroad track is used only at night. Port of Miami River 1. General description of transportation activities The Port of Miami River consists of about fourteen independent shipping terminals located along the Miami River, which have been formally designated as the Port of Miami River to meet U.S. Coast Guard regulations governing the pumpout of bilge water. Hence, the Port of Miami River is not an operating entity or an ownership, but rather is an association of shippers. (See Dade County Port and Aviation Element, page 75). 2. Location of terminal and/or transport activities The approximately 14 shipping terminals that together comprise the Port of Miami River are located along the navigable portion of the Miami River; that is, from its mouth to the permanent salinity dam 1 r I located east of LeJeune Road (N.W. 42 i Avenue). (See Dade County Port and Aviation } Element, page 75). Miami International Airport 1. General description and ownership (operator) Miami International Airport (MIA) is owned and operated by Metropolitan Dade County through its Aviation Department. It is classified as an Air Carrier Airport, and is located adjacent to the Miami City Limits about nine miles west of the central business district. MIA was originally developed in 1928 by Pan American Airlines, and was expanded for military use during World War II. Dade County took over operation of the airport at the war's end in 1945. The Dade County Aviation Department also owns and operates the other five civil aviation facilities in Dade County. None of these has a direct or significant impact on the City of Miami. (See Dade County Port & Aviation Element, page 29). 2. Location and general surface transport access points Miami International Airport is bounded on the west by S.R. 826, Palmetto Expressway; on the south by S.R. 836, Dolphin Expressway; on the east by N.W. 42 Avenue, LeJeune Road; and on the north by N.W. 36 Street. The main passenger entrance is from LeJeune Road, with cargo and other service access around the airport perimeter. (See Dade County Port and Aviation Element, pages 29-30). Submitted Into the public record in connection wiith item "L • `3 on 3 3 0 Priscilla A. Thompson City Clerk YIII—I MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (2004) GOALS OBJECTIVES POLICIES lbw Ilurreem Iw ssus OsJECT= Psumos 111r2.0 • II11•11.1.116M • W R7 MM• 04RAM Eirt 114111.rr. en•IrplIN WPM Submitted into the pUb11c record �in�c°n�� �� �3 with o Item 3 Priscilla A. Thompson City Clerk The "Port of Miami River is simply a legal name used to identify some 14 independent, privately -owned small shipping companies located along the Miami River, and is not a "Port Facility" within the usual meaning of the term. The identification of these shipping concerns as the "Port of Miami River" was made in 1986 for the sole purpose of satisfying a U.S. Coast Guard regulation governing bilge pump outs. 1 Volume 1 of the MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN GOALS oBiECTIVES PoLIcIEs Submitted Into the public record in connect! with item Pz- .30 on 3 b c. Priscilla A. Thompson City Clerk City of Miami • Manning Department • 444 SW 2 Avenue • Miami, Ft 33130 AprII 2004 The Miami Comprehensive Neighborhood Plan was adopted as Ordinance 10544 on February 9, 1989 and has been amended by the Ciry Commission through November 25, 2003. Submitted Into the public record in connect n tth itemTz. 0.-34 on g Priscilla A. Thompson lel'k MIAMI INTERNATIONAL AIRPORT Goal PA-2: Ensure that the development and expansion of Miami -Dade County's Miami International Airport is compatible with and furthers the physical development of the City of Miami. Objective PA-2.1: The City of Miami, through its land development regulations, shall coordinate land use in areas of the city adjacent to Miami International Airport with the transportation related activity which occurs within that facility to ensure compatible and complimentary land uses and activities. Policy PA-2.1.1: The City of Miami shall, through its land development regulations, encourage facility improvement which will further both the land development, coastal management and conservation goals and objectives of the City of Miami and the development goals of Miami - Dade County and Miami International Airport. Policy PA-2.1.2: All surface transportation improvements providing access to Miami International Airport and impacting upon transportation within the City of Miami must be compatible with the needs, goals and objectives of the City and such improvements will be financed with the appropriate share of County, state and federal funds. Policy PA-2.1.3: The City shall, through its land development regulations, ensure that zoning within the city protects existing aviation flight paths. PORT OF MIAMI RIVER' Goal PA-3: The Port of Miami River, a group of privately owned and operated commercial shipping companies located at specific sites along the Miami River, shall be encouraged to continue operation as a valued and economically viable component of the city's maritime industrial base. Objective PA-3.1: The City of Miami, through its Land development regulations, shall help protect the Port of Miami River from encroachment by non water -dependent or water -related land uses, and shall regulate its expansion and redevelopment in coordination 1 The "Port of Miami River" is simply a legal name used to identify some 14 independent, privately -owned small shipping companies located along the Miami River. and is not a "Port Facility" within the usual meaning of the term. The identification of these shipping concerns as the "Port of Miami River" was made in 1986 for the sole purpose of satisfying a U.S. Coast Guard regulation governing bilge pump outs. Ports, Aviation and Related Facilities - Page 2 March 2004 Submitted Vito the public record inconnection Ith c item 2= Priscilla A. Tho City Clerk with the City's applicable coastal management and conservation plans and policies. Policy PA-3.1.1: The City shall use its land development regulations to encourage the establishment and maintenance of water -dependent and water -related uses along the banks of the Miami River, and to discourage encroachment by incompatible uses. Policy PA-3.1.2: The City shall, through its land development regulations, encourage the development and expansion of the Port of Miami River consistent with the coastal management and conservation elements of the City's Comprehensive Plan. Policy PA-3.1.3: The City shall, through its land development regulations, encourage development of compatible land uses in the vicinity of the Port of Miami River so as to mitigate potential adverse impacts arising from the Port of Miami River upon adjacent natural resources and land uses. Objective PA-3.2: The City of Miami shall coordinate the surface transportation access to the Port of Miami River with the traffic and mass transit system shown on the traffic circulation map series. Policy PA-3.2.1: The City of Miami shall, through the Transportation Element of the Comprehensive Plan, coordinate intermodal surface and water transportation access serving the Port of Miami River. Objective PA-3.3: The City of Miami shall coordinate its Port of Miami River planning activities with those of ports facilities providers and regulators including the U.S. Corps of Engineers, U.S. Coast Guard, and Miami -Dade County's Port of Miami. Policy PA-3.3.1: The City of Miami, through its Intergovernmental Coordination Policies, shall support the functions of the Port of Miami River consistent with the future goals and objectives of the Comprehensive Plan, particularly with respect to the unique characteristics of the Port of Miami River's location and its economic position and functioning within the local maritime industry, and the necessity for coordination of these characteristics and needs with the maritime industry that complements, and often competes with, the Port of Miami River. Ports, Aviation and Related Facilities - Page 3 Marrh 7f1n4 NIIAMI-DADE COUNTY PROPOSED PORT AND AVIATION ELEMENT (1988) COMPREHENSIVE DEVELOPMENT MASTER PLAN MElRODADE cowry, FLORIDA Page 75 The Port of Miami River consists of about fourteen independent shipping terminals that joined together in 1986 in order to comply with U.S. Coast Guard regulations regarding pumpout of bilge water. Submitted Into the public record in connectipn ith item PzPz on , 3 btCP Priscilla A. Thompson City Clerk The 14 shipping terminals located on the Miami River provide service to the small ports of the Caribbean (see Figure 3). I Shipping Terminals lir .1 hi mil.-.1awl =• i SHIPPING TERMINALS ON THE MIAMI RIVER TERMINAL LOCATION vlcrau mime Imo DO MIIIGII I INIIIIM_lI_ mA LOl 3 al NNW SIKSI I ear b01 IIANYAI I mount OANII i1oma0 I MAN OWE MN I44 I4G COPIDMmM I YII41.4M NAME SW" -A I IIOOIII Wmo to MIN MI CMNIIf8A AOfOCT COT 1NI IT CAYINM 0CMI IIIt11IIMO 13 llll IpellIY. OOP II FIGURE 3 "L' METRO-DADE COUNTY PLANNING DEPTH► P R OP 0 S E D PORT ANC AVIATION ELEMENT Submitted into the public record in connection ith 2. item Z- priscille A. Thompson lerk YEAR 2000 AND 2010 COMPREHENSIVE DEVELOPMENT MASTER PLAN METRO-DADE COUNTY, FLORIDA MET}1O OAD E APRIL 1 9 8 8 Submitted Into the public record in connecti n ith item 'Z. 2.on ? 0 IP Priscilla A. Thompson City Clerk BACKGROUND AND ANALYSIS The Port of Miami River consists of about fourteen independent shipping terminals that joined together in 1986 in order to comply with U.S. Coast Guard regulations regarding pumpout of bilge water. These facilities have traditionally been viewed as being fiercely independent and non- union. Their rate of growth, particularly in the segment of the River west of NW 27th Avenue, and their increasing economic importance has made them a focus of attention in recent years. The role of these terminals has also been highlighted in the continuing struggle to have the polluted sediments in the River dredged. Information on that issues, plus other River related problems and opportunities is contained in the Coastal Management Element. Any ship entering the Miami River to berth at one of the terminals that that are clustered along the river's banks in downtown Miami and west of NW 27th Avenue must enter and exit the river through the river's mouth in downtown Miami. A permanent salinity clam located east of LeJeune Road (NW 42 Avenue) separates the navigable portion of the river, also known as the Miami. Canal, from the upstream portion of the canal which extends north to Lake Okeechobee. The navigable portion of the river is about five miles long with a maximum width of 210 feet and a maximum depth of 17 feet (see Figure 2). The controlling width and depth of the naviga- tion channel maintained by the U.S. Army Corps of Engineers is 85 feet and 15 feet respectively. Ships entering the Miami River are limited by the width of the NW 5th Street bridge, which is effectively 55 feet wide. The smallest cargo vessels that use the river range from 100 to 135 feet in length and come into the river under their own power. The largest ships coming into the river in 1986 were about 45 feet wide and 273 feet long. On an average day, eight ships longer than 90 feet enter or depart the river, including four or five ships which must be towed. Shipping Terminals The 14 shipping terminals located on the Miami River provide service to the small ports of the Caribbean (see Figure 3). These terminals served about 30 shipping agents and lines engaged in commercial trade with more than 50 ports of call throughout the Caribbean and northern South America (see Figure 4). Approximately 40 ships, plus an unknown number of small- er vessels, call regularly at the Port of Miami River. The majority of the business conducted at these terminals is the export of goods from the Miami area to other ports of call. These terminals are utilized for seafood, general cargo container, roll-on/roll-off cargo and sand and aggregate activities. For many islands in the Caribbean the river is a lifeline that provides essential goods and services. The ten major shipping terminals on the river account for about 1,070 vessel departures per year. Average tonnage per ship ranges from 250 to 1,350 tons per voyage. In 1986, these cargo terminals accounted for the shipment of 594,500 tons of cargo with an estimated value of almost $1.7 billion, 75 AIRPORT M1M.11 1NIERNAiIQI61.. AIRPORT SHIPPING TERMINALS ON THE MIAMI RIVER TERMINAL VICTORIA MARINE MIAMI SHIP SERVICES DAHAMAS INTERNATIONAL LINE VAS MEZA MARINE EAST RIVERTERMINAL DERNUTH MARINE SHIPPING MIAMI MARINE HTOE SHIPPING CORPCRAf ION ANTILLIAH MARINE SHIPPING PIONEER SHIPPING SOUTH AND CARID9£A 1 AGENCY CMT LINE CA .l BEAN OCEAN SHIPPING DE STl EAMINAL DOCK LOCATION 2 3 4 s 6 7 6 16 1T 12 13 14 U.S 41 EXPNESS1wW /LW 355T. SA 112 Submitted Into the public record in connecti• n ith item TZ n vie Priscilla A. Tho pson ity Clerk 11 Yf 255z x 14f111f1 If 111f F111I111111-11111 SW. BSL 11-11 4 f 1 z FIGURE 3 METRO-DADE COUNTY PLANNING DEPT� a MILE Registrations: OSHA Hazardous Materials Site Safety Supervisor OSHA Hazardous Materials Emergency Responder DOT HM-181 Hazardous Materials Handling FDOT Water Quality Impact Evaluation FDOT Traffic Noise Analysis Member: National Association of Environmental Professionals Academic Achievements: MS, Environmental Engineering, Florida International University, 2000 BS, Wildlife and Fisheries Biology, University of California, Davis, 1986 Submitted Into the public record in connection with ite':i'rz.;47-3° on ..7-3]b4. Prisci,lR A. Thompson City Clerk COLIN P. HENDERSON Vice President / Senior Environmental Scientist Mr. Henderson's area of expertise is in wetland delineation, biological monitoring, and environmental impact assessment. His work encompasses project management, preparation of assessment and mitigation reports, and permits compliance. He also has extensive experience coordinating with regulatory agencies and is proficient at obtaining environmental permits for mitigation and construction projects. Some of the projects for which Mr. Henderson has conducted professional environmental services include: Miami River Maintenance Dredging Project: Miami, Florida Mr. Henderson is providing environmental oversight of the dredging and disposal operations of approximately 600,000cy of contaminated sediment from the lower 5.5 miles of the Miami River adhering to stringent environmental standards. Mr. Henderson is also coordinating environmental permit/plan requirements with the USACE, FDEP and DERM. Site Enhancements: Gerry Curtis Park - Miami -Dade Department of Environmental Resources Management, Florida Coastal construction and restoration/enhancement plans were developed for the shoreline improvements and enhancements to Gerry Curtis Park along the Miami River involving the planting of native plant species, the placement of riprap, and the enhancement of the area for recreational use. Key West Harbor Dredging, US Army Corps of Engineers - Monroe County, Florida Project manager responsible for the supervision of environmental coordination, seagrass identification, dredge quantity survey certification and landside engineering support for this $36.4 M dredging project which includes the movement of approximately 819,000 cubic yards of material. The project will have two disposal areas: an approved ocean disposal area 16 nautical miles south of Key West and a 37-acre upland site on Fleming Key. Design/Build Seawalls: Keystone Point Community - City of North Miami, Florida Responsible for the permitting of new seawalls at 22 locations within the Keystone Point Community. Environmental permits were obtained through DERM, USACE, and FDEP to preserve wetland habitat and water quality in the surrounding areas during construction. Turnberry Isle Marina, North Miami, Florida Environmental scientist for the sampling of harbor sediments for marina expansion and dredge monitoring. Required diving and augering core samples in two foot intervals. Also, physical parameters of the water were measured on -site such as dissolved oxygen, temperature, salinity, and visibility. NE 71st Street Seagrass Survey, City of Miami — Miami, Florida Supervised the seagrass survey to identify and delineate seagrasses in the area as requested by the US Army Corps of Engineers. The purpose of the survey was to determine whether or not storm water outfalls from roadway drainage improvements within the NE 71st Street area for the City of Miami would negatively impact the seagrass population located adjacent to the Intracoastal Waterway, which is part of the Biscayne Bay Aquatic Preserve and Outstanding Florida Waters. ` YLiF INTERNATIONAL l HJ ROSS Submitted into the public record in connection with item f7• 30-3v on 3 a_ b_ Priscilla A. Tho psOn City Clerk COLIN P. HENDERSON Vice President / Senior Environmental Scientist Design and Permitting - Florida Keys Overseas Heritage Trail, Department of Environmental Protection, Florida Keys, Florida Managing the civil design and environmental permitting/coordination for the Florida Keys Overseas Heritage Trail. This bicycle/pedestrian path runs the length of the Florida Keys, adjacent to US 1, from Key Largo to Key West and includes coordination with the FDEP, FDOT, USACE, US Navy and SFWMD. The project is constrained by mangrove wetlands and the existing roadway; therefore, due to the narrow available corridor, extensive coordination is required to minimize wetland impacts while meeting FDOT requirements. Design and Permitting - US-1 Improvements (between Florida City and Key Largo), FDOT District 6, Monroe County, Florida Managed regulatory processes associated with the proposed widening of 20.4 miles of US-1 located in wetlands just east of Everglades National Park. Assisted in processing all necessary regulatory permits and designing a regionally significant mitigation program to benefit water flow and the general ecology of Florida Bay and the Everglades. Negotiated with numerous regulatory agencies and participated in interagency coordination meetings involving the USACE, SFWMD, DERM, FDEP, USFWS, USEPA, ENP, FGFWFC, NMFS, and FKNMS. Design, Permitting and Construction Oversight: Lakes -by -the -Bay - Miami, Florida Project manager for the design, permitting and construction oversight of a wetland mitigation project in Lakes -by -the -Bay Park for wetland impacts on a nearby development site. This degraded wetland habitat owned by the Miami - Dade Parks and Recreation Department (MDPR) is within the Cutler Wetlands proposed Environmentally Endangered Lands (EEL) acquisition site. In order to effectively enhance the wetland value of this area, the site was restored to natural grade and existing exotic vegetation was removed from the area. This project involved incorporation and modification of the master plan for the proposed park site and extensive coordination with MDPR, DERM, SFWMD and USACE. DDOT: Anacostia River Walk Trail, Washington D.C. Project environmental scientist responsible for expediting environmental documentation and coordination with the District of Columbia Department of Transportation (DDOT), National Park Service (NPS) and other agencies for the15-mile pedestrian/bike trail that parallels the Anacostia River. The project consisted of providing planning, alternatives analysis in regards to biological, socio-economic and contamination impacts, and public involvement services towards the production of an Environmental Assessment (EA) document to satisfy NEPA requirements. FDOT District 6: PD&E Study for North & South Roosevelt Boulevard - Monroe County, Florida Project manager for the environmental review of improvements made to these roadways, including endangered species/biological impact assessments, wetland evaluation, water quality, contamination screening and permitting issues. The majority of the 5-mile corridor is bordered by seawall directly on Outstanding Florida Waters. Other sensitive issues include mangroves, beach erosion, and neighboring salt ponds. TYLININTERNAIONAL HJ ROSS COLIN P. HENDERSON Vice President / Senior Environmental Scientist Wetland Delineation: State School PPP — City of Miami, Florida Project manager for the biological assessment of a 60-acre tract of land within the Bird Drive Basin to be developed for a high school. Activities included evaluation of wetland impacts, coordinating with the regulatory agencies (USACE, SFWMD, and Miami -Dade DERM), and permitting for unavoidable wetland impacts. A preservation and management plan was developed for a red bay tree island identified on the site. Wetland Delineation: State School QQ-1 (Interama) — City of North Miami Beach, Florida Project manager for the biological assessment of a I6.2-acre parcel of land to be developed for a K-8 school. Activities included evaluation of coastal wetland impacts through a WRAP, identifying mitigation alternatives, coordinating with the regulatory agencies (USACE, SFWMD, Miami -Dade DERM, FDEP and EPA), and permitting for unavoidable wetland impacts. This site is located in a Section 404 (c) veto area and required extensive coordination with the EPA. Wetland Delineation: Chapman Field Park — City of Miami, Florida Senior environmental scientist responsible for the environmental oversight during the assessment of the 566-acre proposed park site, which included geological survey, wetland delineation, permitting, and upland tree identification. To evaluate the potential for the use of this former landfill as a park site, an assessment of the soils, surface water, groundwater, and wetland areas was performed. In order to perform geotechnical investigations, environmental permits/approvals were required and obtained through DERM, USACE, SFWMD, and FDEP to minimize impacts to existing wetland habitat and water quality in the surrounding areas during drilling activities. Submitted Into the public record in connection with item Z.-34 on Priscilla A. Thompson City Clerk TYLININTERNATIONAL ; HJ ROSS Issued Federal Aviat a Administration Southern Regional Office 1701 Columbia Avenue-ASO-520 College Park, GA 30337 Date: 6/9/2005 MELISSA TAPANES LLAHUES BERCOW & RANDELL P A 200 S BISCAYNE BOULEVARD STE 850 MIAMI, FL 33131 The Federal Aviation provisions of 49 U.S Federal Regulations, Structure Type: Location: Latitude: Longitude: Heights: ** DETERMINATION OF PRESUMED HAZARD ** Aeronautical Study No. 2005-ASO-1304-OE Submitted Into the public record in connecti n with item p2_. -3b on .9- 33 oca Priscilla A. Thompson City Clerk Administration has conducted an aeronautical study under the .C., Section 44718 and if applicable Title 14 of the Code of part 77, concerning: Building MIAMI, FL 25-47-20.1 NAD 83 80-14-4.83 210 feet above ground level (AGL) 216 feet above mean sea level (AMSL) The initial findings of this study indicated that the structure as described above would exceed obstruction standards and/or would have an adverse physical or electromagnetic interference effect upon navigable airspace or air navigation facilities. Therefore, pending resolution of the issues described below, it is hereby determined that the structure is presumed to be a hazard to air navigation. If the structure were reduced in height so as not to exceed 202 feet above ground level (208 feet above mean sea level), it would not exceed obstruction standards and a favorable determination could subsequently be issued. To pursue the possibility of a favorable determination at the originally submitted height, further study would be necessary. Further study entails circularization to the public for comment. This process requires approximately 90 to 120 days from the date that further study is requested before any subsequent determination would be effective. The outcome cannot be predicted prior to public circularization. Further study may be requested by the sponsor within 60 days of the date of this letter. See attachment for additional information. A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. NOTE: PENDING RESOLUTION OF THE ISSUES DESCRIBED ABOVE, THE STRUCTURE IS PRESUMED TO BE A HAZARD TO AIR NAVIGATION. THIS DETERMINATION DOES NOT AUTHORIZE CONSTRUCTION OF THE STRUCTURE EVEN AT A REDUCED HEIGHT. ANY RESOLUTION OF THE ISSUES DESCRIBED ABOVE MUST BE COMMUNICATED TO THE FAA SO THAT A FAVORABLE DETERMINATION CAN SUBSEQUENTLY BE ISSUED. IF MORE THAN 60 DAYS FROM THE DATE OF THIS LETTER HAS ELAPSED WITHOUT ATTEMPTED RESOLUTION, IT WILL BE NECESSARY FOR YOU TO REACTIVATE THE STUDY BY FILING A NEW FAA FORM 7460-1, NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION. Page 1 If we can be of further sistance, please contact our i ice at (404)305-5589. on any future correspondence concerning this matter, please refer to Aeronautical Study Number 2005-ASO-1304-OE. Signature Control No: 415456-378685 Cesar I Perez Specialist Attachment(s) Additional Information (DPH) Submitted Into the public record in connection itti Item yZ.,f~3b on o c. P ri c lay A. Thompson City Clerk Page 2 Additic 1 Information for ASN 2005-AS' 304-OE The proposed structure would be located approximately 3 nautical miles east of the Miami International Airport (MIA) airport reference point. Based on this initial study the proposal was found to have an adverse effect on aeronautical operations in the vicinity of the proposed structure. IFR Effects: Aeronautical study for instrument flight rules (IFR) effect disclosed that the proposal would necessitate the following revisions: None. VFR Effects: Exceeds FAR Part 77.23 (a)(2) by 8 feet, its height more than 202 feet above ground level (AGL), at its site with respect to the MIA Airport. Alternatives: Reduce the height of the proposed structure to 208 feet AMSL. If you choose to reduce the height of your proposal to 208 feet AMSL, the public comment requirement would be eliminated, resulting in an immediate determination of no hazard. Another alternative would be to relocate the proposed structure to a new location. Any new site will require a separate study. ////////////////END OF COMMENTS////////////////// Submitted Into the public record in connecti• n ith item • 2-6'`3b 011 -3 Div Priscilla A. Tho pson. City Cleat Page 3 ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 1583 NW 24th Avenue Application No. LU- 2005-012 DISCUSSION The proposal has been reviewed for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan (MCNP) from "Industrial" and "Medium Density Multifamily Residential" to "Restricted Commercial" (Parcel 2) and "Medium Density Multifamily Residential" to remain "Medium Density Multifamily Residential" (Parcel 1). The subject property consists of two parts bounded by the Miami River on the north, several lots facing NW 15th Street on the south and NW 24th Avenue on the west (A complete legal description is on file at the Hearing Boards Office). Miami Comprehensive Neighborhood Plan Policy LU-1.6.1 established future land use categories according to the Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan Map." Parcels 1 and 2 are currently designated "Industrial" and the same designation is to the east; land immediately west of the subject site is designated "Medium Density Multifamily Residential," and the land to the south is designated "Duplex Residential." The "Industrial" land use category allow manufacturing, assembly and storage activities and generally includes activities that would otherwise generate excessive amounts of noise, smoke, fumes, illumination, traffic, hazardous wastes, or negative visual impact unless properly controlled. Stockyards, rendering works, smelting and refining plants and similar activities are excluded. Residential uses are not permitted except for rescue missions and live-aboards in commercial marinas. The "Restricted Commercial" category accommodates commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto and often located along arterial or collector roadways. Residential uses equivalent to High Density Multifamily Residential, up to 150 dwelling units per acre, including hotels, are also permissible within this land use category. Commercial uses include general retailing, personal and professional services; real estate; banking and other financial services; restaurants; saloons and cafes; general entertainment facilities and private clubs and recreation facilities whose scale and land use impacts are similar in nature to those uses described above. Other permissible land uses include motels and hotels; community based residential facilities; offices; major sports and exhibition or entertainment facilities; places of worship and primary and secondary schools. Mixed -use projects containing commercial, office and/or residential uses are also petinissible within this land use designation. The Medium Density Multifamily Residential: category allows residential structures to a maximum density of 65 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Supporting services such as community -based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; community -based residential facilities (15-50 clients) and day care centers for children and adults may be permissible in suitable locations. Permissible uses within medium density multifamily areas also include commercial activities that are intended to serve the retailing and personal services needs of the building or building complex, small scale limited commercial uses as accessory uses, subject to the detailed provisions of applicable land development regulations and the maintenance of required levels of service for such uses, places of worship, primary and secondary schools, and accessory post- secondary educational facilities. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within medium density multifamily residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). The Planning and Zoning Department is recommending APPROVAL of the application as presented based on the following findings: • It is found that MCNP Goal LU-1(5) promotes the efficient use of land and minimizes land use conflicts. • It is found that Objective LU-1.3 requires that the City encourage commercial, office and industrial development within existing commercial, office and industrial areas; and concentrate new commercial and industrial activity in areas where the capacity of existing public facilities can meet or exceed the minimum standards for Level of Service (LOS) adopted in the Capital Improvement Element. • It is found that the Industrial category allows 0-units per acre; the Restricted Commercial category allows up to 150-units per acre; and the Medium Density Multifamily Residential category allows up to 65-units per acre. It also should be stated that the attached Concurrency Management Analysis demonstrates that no levels of service would be reduced below minimum levels. These findings support the position that the existing land use pattern in this neighborhood should be changed. 2 Proposal No 05-12b (Parcel 2) Date: 10/07/05 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Ben Fernandez, Esq on behalf of Brisas del Rio, Inc Address: 1583 NW 24th Avenue Boundary Streets: North: nla East: me South: nla West: nla Proposed Change: From: Industrial & Medium Density Multifamily ResidentiE To: Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 1.72 acres @ 65 DUlacre 112 DU's Peak Hour Person -Trip Generation, Residential 56 Other 313,196 sq.ft. @ 1.72 FAR 538,698 sq.ft. Peak Hour Person -Trip Generation, Other 27 Proposed Designation, Maximum Land Use intensity Residential 8.91 acres @ 65 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FAR Peak Hour Person -Trip Generation, Other Net Increment With Proposed Change: Population Dwelling Units Peak Hour Person -Trips Planning District County Wastewater Collection Zone Drainage Subcatchment Basin Solid Waste Collection Route Transportation Corridor Name 579 DU's 290 0 sq.ft. 1,201 467 207 Allapattah 322 01 17 Dolphin RECREATION AND OPEN SPACE Population Increment, Residents Space Requirement, acres Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 1,201 1.56 182.80 181.24 OK POTABLE WATER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 1,201 269,044 >2% above demand >2% above demand OK SANITARY SEWER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 1,201 222,202 See Note 1. See Note 1. WASA Permit Required STORM SEWER CAPACITY Exfiltration System Before Change Exfiltration System After Change Concurrency Checkoff On -site On -site OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Policy 1.1.1 CIE Policy 1.2.3 SOLID WASTE COLLECTION Population Increment, Residents Solid Waste Generation, tons/year Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 1,201 1,537 800 (737) OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff 1,201 207 B B OK NOTES 1. Permit for sanitary sewer connection must be issued by Metro -Dade Water and Sewer Authority Department (WASA). Excess capacity, if any, is currently not known 2. The Residential and Industrial square foot calculations provided in the "ExistinglProposed Designation, Maximum Land Use Intensity" categories are "approximate" based on the R-3 and I land use designations assigned to Parcel 2. CM 1 IN 03/13/90 ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. Proposal No 05-12a rev (Parcel 1) Date: 10/11/05 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: Ben Fernandez, Esq on behalf of Brisas del Rio, Inc Address: 1583 NW 24th Avenue Boundary Streets: North: n/a East: n/a South: NW 15th St West: nla Proposed Change: From:Medium Density Multifamily Residential To: Medium Density Multifamily Residential Existing Designation, Maximum Land Use Intensity Residential 0.53 acres @ 65 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FAR Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.53 acres @ 65 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FAR Peak Hour Person -Trip Generation, Other Net Increment With Proposed Change: Population Dwelling Units Peak Hour Person -Trips Planning District County Wastewater Collection Zone Drainage Subcatchment Basin Solid Waste Collection Route Transportation Corridor Narne 34 DU's 28 fl sq.ft. 34 DU's 28 0 sq.ft. 0 0 0 Allapattah 322 01 17 Dolphin RECREATION AND OPEN SPACE Population Increment, Residents Space Requirement, acres Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 0.00 182.80 182.80 OK POTABLE WATER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 0 >2% above demand >2% above demand OK SANITARY SEWER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 0 See Note 1, See Note 1. WASA Permit Required STORM SEWER CAPACITY Exfiltration System Before Change Exfiltration System After Change Concurrency Checkoff On -site On -site OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Policy 1.1.1 CIE Policy 1.2.3 SOLID WASTE COLLECTION Population increment, Residents Solid Waste Generation, tons/year Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 0 800 800 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff 0 0 B B OK NOTES 1. Permit for sanitary sewer connection must be issued by Metro -Dade Water and Sewer Authority Department (WASA). Excess capacity, if any, is currently not known CM 1 IN 03/13/90 ASSUMPTIONS AND COMMENTS Population increment is assumed to be at new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LQS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Serv#ce connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owner's expense, RecreationiOpen Space acreage requirements are assumed with proposed change made. • • • HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.ci.miami.fl.us PUBLIC HEARING APPLICATION. TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Welcome to Hearing Boards/ This application process is for your reference and review. It is intended to serve as a guide in acquainting you with our public hearing process. Following are a series of concerns/requirements for you take into account. By any means, please feel free to contact the department at the number above, should you have any questions. CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. The responses to the attached application must be typed and the complete application must be signed in black ink. It will be accepted, along with pertinent documents, only the first seven days (1-7) of the month from 8:00 am until 3:00 pm. Please note that the cashier located on the 4th floor will close at 4:00 pm; therefore, the complete application, reviewed plans and a paid receipt, must be submitted before the deadline. Upon submittal, this application must be accompanied with a signed and current Zoning Referral. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. An additional cost to record the Zoning Board resolution is $6.00 for the first page and $4.50 for additional pages. All fees are subject to change. Also, for City Commission resolutions, please contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it is signed or initialed by the Planning Department designee. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from Zoning. Rev. 02-22-05 • This complete application should be reviewed and initialed by the Planning designee prior to submittal. 2. Section 62-32 of the Code of the City of Miami, periodic review of the adopted' comprehensive plan and adoption of evaluation and appraisal report reads as follows: (a) Periodically, but not less often than once in five years or more often than once in two years, the comprehensive plan shall be reviewed, evaluated and appraised by the planning advisory board to determine whether changes in the amount, kind or direction of development and growth of the city or area thereof, or other reasons, make it necessary or beneficial to make additions or amendments to the comprehensive plan. The Planning Department shall prepare an evaluation and appraisal report for the planning advisory board which shall evaluate the comprehensive plan pertaining to the major problems of development, physical deterioration and the location of land uses and the social and economic effects of such uses; the status of each element of the comprehensive plan; the objectives of the comprehensive plan compared to actual results and the extent to which unanticipated and unforeseen problems and opportunities occurred; all as compared between the date of adoption and the date of the report. The report shall suggest that changes needed to update the comprehensive plan including reformulated objectives, policies and standards. (b) The planning advisory board may recommend the report as presented, modify the report or reject the report in duly noticed public hearing pursuant to the procedures in Section 62-31. (c) The city commission shall adopt, or adopt with changes, the report or portions thereof by resolution in public hearing within 90 days after the planning advisory board date of recommendation. The city commission shall thereafter amend the comprehensive plan based on the recommendation in the evaluation and appraisal report. Adoption of the report and recommended amendments to the plan may be made simultaneously pursuant to section 62-31 or if not simultaneous, the evaluation and appraisal report shall contain a schedule for adoption of the recommended amendments within one year. See also Article 22 of the Zoning Ordinance, 3. Two (2) original surveys prepared by a State of Florida registered land surveyor within six (6) months from the date of application. 4. This petition is proposed by: 0 Planning Department l i Other, please specify Ben Fernandez, Esq. on behalf of Brisas del Rio , Inc. 5. The subject property is located at: 1583 NW 24ei Avenue Folio number: 01-3134-059-0010; 01-3134-059-0020: 01-3134-068-0010 AND MORE PARTICULARLY DESCRIBED AS: See attached Exhibit °'A" attached (Parcel 1) and Exhibit "B" (Parcel 2) Rev.02-22-05 2 • 6 The undersigned, being the owner or the representative of the owner of the subject property, do(es) respectfully request the approval of the City of Miami for the following amendment(s) to the Miami Comprehensive Neighborhood Plan for the above -described property as indicated in the Land Use Plan: FROM: Industrial TO:Restricted Commercial (Parcel 2) and Medium Density Multifamily Residential (Parcel 1) 7. What is the purpose of this application? To accommodate the redevelopment of the property with a mixed -use multifamily project. 8. What is the acreage of the project/property site? 9.44 Acres total. (Parcel 1 = 0.53 Acres, Parcel 2 = 8.91 Acres) 9. Has the designation of this property been changed in the last year? If so, when? No. 10. Do you own any other property within 200 feet of the subject property? No. If yes, has the property been granted a change in plan designation within the last year? 11. Have you made a companion application for a change of zoning? Yes. 12. Have you filed a(n): • Affidavit of ownership? Yes. ■ Disclosure of ownership form? Yes. ■ List of owners of property within 500 feet of the subject property? Yes. If not, please supply them. 13. is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? {Contact the Preservation Officer at the Planning Department (3`d Floor) at 305-416-1400 for information.} Yes. 14. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? {Contact the Preservation Officer at the Planning Department (3`d Floor) at 305-416-1400 for information.} No. 15. Please submit a statement indicating why you think the existing plan designation is inappropriate. The existing designation on the majority of the property permits general commercial uses such as heavy equipment sales, building materials storage wholesaling, warehousing, distribution, and transportation related services, light manufacturing and assembly, which are incompatible with the predominantly residential area. The property has been vacant for over 5 years. 16. Please submit a statement justifying your request to the requested plan designation change. The requested land use change would permit the property to be developed with a mixed -use project featuring residential and marine related commercial uses that are more compatible with the surrounding area. Rev, 02-22-05 17. All documents, reports, studies, exhibits (8 1/2 x11") or other written or graphic materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 18. Other (Specify and attach cover letter explaining why any document you are attaching is - pertinent to this application). 19. Cost of processing, according to the City Code: Conservation, recreation, residential single-family duplex Residential medium density multifamily Residential high -density multifamily, office, major public facilities, transportation/utilities Commercial/restricted, commercial/general and industrial Commercial (CBD) Surcharge for advertising each item Public hearing and public meeting mail notice fees, including cost of handling and majling . -r notice Signature Name Telephone Ben Fernandez, Esq. 305-377-6235 STATE OF FLORIDA COUNTY OF MIAMI-DADE Date $ 300.00 $ 450.00 $ 550.00 $ 650.00 $ 1,200.00 $ 1,200.00 $ 3.50 ddress 200 S. Biscayne Blvd., # 850 Miami, FL 33131 March 7, 2005 The foregoing instrument was acknowledged before me this 7th day of March, 2005, by Ben Fernandez, Esq. who is a(n) partner of Bercow & RadeII, PA a corporation. He/She is personally known to me or who has produced as identificati d who did (did not) take an oath. (Stamp) Sign BETTY LLERENA MY COMMISSION # DO 095997 EXPIRES: February 27, 2006 1•800-3NQTARY FL Notary Service & Bolidng, Inc Rev, 02-22.05 4 • • AFFIDAVIT Before me, the undersigned authority, this day personally appeared Ben Fernandez, Esq., who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, CI including responding to day to day staff inquires; 0 not including responding to day to day staff inquiries in which case he/she should be contacted at 305-377-6235. 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Ben Fernandez, Esq. Applicant Name Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 7th day of March, 2005, by Ben Fernandez, Esq. who is a(n) partner of Bercow & Radell, PA a corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) BETTY LLERPNA MY COMMtSSJON # 00 095897 } XP!RES: February 27, 2006 S I-&oo-3 NOTARY `- Notary sar4i. 6crx#iRS. Inc Sign Rev. 02-22-05 4 DISCLOSURE OF OWNERSHIP 1. Owner(s) of subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest are required. (Please supply additional lists, as applicable.) Owner's Name(es) Brisas del Rio, Inc. (100 % Romero Meruelo Sr. & Belinda Meruelo — husband & wife) Subject Property Address(es) 1583 NW 24th Avenue, Miami, FL Telephone Number 305-865-1250 2. Street address and legal description of any property: (a) Owned by any party listed in answer to question #1; and (b) Located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address N/A Ben Fernandez, Esq. Owner or Attorney for Owner Name Owner or Attorney for OwSignature Legal Description STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 7`h day of March, 2005, by Ben Fernandez, Esq. who is a(n) partner of Bercow & Radell, PA a corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) BETTY LLERENA MY COMMISSION # DO 095997 EXPIRES: February 27, 200e 7-e0U3 NOTARY FL Naay Service 0a41d�n4, Inc. ��� Rev. 02-22-05 EXHIBIT A LEGAL DESCRIPTION OF PROPOSED PARCEL No.1 SCE AT THE SOUTHWEST CORNER OF TRACT 2 ' ALLENS SUBDIVISICIC ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 60. AT PAGE 58 OF THE PUBUC RECORD 0F DADE COUNTY FLORIDA SAID PONT LYING AND BEING IN THE art OF FOR 275.8FEET TO FLORIDA. OF CURVATURE; NORTHWESTERLY ALONG A CIRCULAR CURVE TO THE LEFT CONCAVE TO THE SOUTHWEST HAVING A RADIUS CC 75.00 FEET AND A CENTRAL AGE OF 7O' 28' 45' FOR AN ARC DISTANCE OF 92.26 FEET TO A POINT OF TANGENCY ALSO BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBE) pARan. OF LAND; THENCE NORTH 71'49'58' WEST ALONG THE NORTHEASTERLY RIGHT--OF-WAY UNE OF N.W. 18t STREET, CITY GF 1,M11MI, FOR 108.50 FEET; THENCE NORTH 0111'13" 1REsr FOR�340.188 FEET; THENCE SOUTH 5B' 08' 06' EAST FOR 53.83 FEET; THENCE SOUTH 80' O4`1'4 EAST FCR 56.38 TEEM THENCE SOUTH 01'21'13' EAST FOR 85.0E FEET; THENCE SOUTH '88' 38'476 WEST FOR 48.31 FEET; THENCE SOUTH tit" 21' 13 EAST FOR 204.86 FEET; THENCE NORTH 58' 38'47' EAST FOR 51.19 FEET; THENCE SOUTH 01'21`13" EAST FOR 45.00 FAT TO THE POINT OF BEGINNING. CONTAINING 23099.282 SQUARE FEET MORE OR LESS OR 0.53 AGATES MORE OR LESS. • EXHIBIT B LEGAL DESCRIPTION OF PROPOSED PARCEL No. 2 BEGIN AT NE SOUTHWEST CORNER OF 'TRACT 2 " ALLENS SUBDIVISION' ACING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 60, AT PAGE 56 OF THE PUBLIC RECORD OF DARE COUNTY FL0R DA SAID POINT LYING AND BEING IN THE CITY OF mew. FLORIDA. THENCE NORTH 0121'13" WEST FOR 275.87 FEET TO A POINT Of CURVATURE; THENCE NORTHWESTERLY ALONG A CIRCULAR CURVE TO 1HE LEFT CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 75.00 FEET AND A CENTRAL ANGLE OF 70' 28' 4 5' FOR AN ARC DISTANCE CF 92.26 FEET TO A POINT OF TANGENCY THENCE NORTH 0121'13' WEST FOR 45.00 FEET; THENCE SOUTH 88'38' 47' WEST FOR 51.19 FEET; THENCE E NORTH 0121' 13' WEST FOR 204.86 FEET; THENCE NORTH m47" EAST FOR 48.31 FEET; THENCE NORTH 0121' 13'" WEST FOR 85.10 FEET; THENCE SOUTH 8D'41'54' EAST ALONG THE SOUTHWESTERLY RIGHT—OF—WAY LINE OF THE 141AMI--RIVER FOR 383.94 FEET; THENCE SOUTH 83' 49' 37" EAST FOR 291.81 FEET; THENCE SOUTH CV 11' 13' EAST FOR 630.54 FEET; THENCE SOUTH 8817' 02' WEST FOR 41.30 I -LET; THENCE NORTH 01'21' 13` WEST FOR 34.93 CR 50.00 FEET; THENCE NORTH 0l i�13" WEST FOR 12TH 8817' 02" 3.50T FFEET; THENCE SOUTH 8817' 02 WEST FOR 420.00 FEET; TO THE • POINT Cr BEGINNING. CONTAINING 388001.538 SQUARE FEET *. 8.91 ACRES * • 1;_'`11111111111111111111111111111111 !III 11$1 Prepared by: KEITH D. DIAMOND, ESQ. BankAtlantic Building, Fourth Floor 46 Southwest First Street Miami, Florida 33130 WARRANTY DEED it fi`ec: 29.0 2937; (F3gg SUP.Ti^!.n. — . 751-J. IA;iI—D ;C<E ' uU;T? r FLORIDA THIS WARRANTY DEED made the 1,.- ` day of BERNUTH CHARTERING, S.A.. a Panamanian corporation, 3201 N.W. 24' Street Road. Miami. Florida 33142 hereinafter called the grantor to BRISAS DEL RIO, INC., a Florida corporation.. whose post office address is clo Management Office, 5105 Collins Avenue, Miami, Beach, Florida 33140, hereinafter called the grantees. WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt of which is hereby acknowledged, hereby grant, bargain, sell, alien. remise, release, convey and confitin unto the grantees, all that certain land situate in Miami -Dade County, Florida, viz: Tracts 1 and 2, of ALLEN'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 60, Page 56, Public Records of Miami -Dade County, Florida. (the "Property") Tract 3, of ALLEN'S SUBDIVISION, FIRST ADDITION, according to the Plat thereof, recorded in Plat Book 73, Page 37, Public Records of Miami - Dade County, Florida (the "Property"). Together with all easements, tenements, hereditaments and appurtenances thereto. and all improvements located on the property. To have and to hold in fee simple forever. SUBJECT TO: Taxes for the year 2004 and subsequent years and easements of record without the intent of reimposing same. Folios: 01-31340680010 01-31340590010 01-31340590020 AND said grantor does hereby fully warrant title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. • • • Signed, sealed and delivered in the presence of us: Witnesses: BERNUTH CHARTERING, S.A., a Panamanian cc�-porati©n Print Name.; .� _ <.. , 2 B `\ Print Name: Air Title C�..K Print Name: - STATE OF FLORIDA T SS. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this 17) day of `-e , 2003 by s : (11tl'%641.�. �c%) as �,�n�� �:,� -<brk��,,�r ofBernuthChartering, S.A.,aPanamanian corporation, v,...ho is personally known to me o -whf lras-preduced --- My commission expires: NOTARY* - PUBLIC BLIC AT LARGE STATE OF FLORIDA Keith D. Diamond *-_ MY COMMISSION * DDI30252 WIRES }Lily 13, 2006 RONDEC TFiRU TROY FAIN INSURANCE. INC PLANNING FACT SHEET APPLICANT HEARING DATE REQU EST/LOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS APPLICATION NUMBER PLANNING ADVISORY BOARD CITY COMMISSION LEGISTAR FILE NUMBER Ben Fernandez, Esquire, on behalf of Brisas del Rio, Inc. July 20, 2005 Consideration of amending the Miami Comprehensive Neighborhood Plan. Complete legal description on file with Hearing Boards. Consideration of amending Ordinance No. 10544 of the Miami Comprehensive Neighborhood Plan by amending the Future Land Use Map for the property located at approximately 1583 NW 24th Avenue, Miami, Florida, from "Industrial" and "Medium Density Multifamily Residential" to "Restricted Commercial" (Parcel 2) and "Medium Density Multifamily Residential" to remain "Medium Density Multifamily Residential" (Parcel 1). Approval. See supporting documentation. 2005-072 Item # 5 Recommended approval to VOTE: 6-0 City Commission. January 26, 2006 05-00764 CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 1 /11 /2006 Page 1 EXHIBIT A LEGAL DESCRIPTION OF PROPOSED PARCEL No.1 COAtENCE AT THE SOUTHWEST CORNER OF TRACT 2 " ALIENS SUBDIVIIN Pt.AT�BOOK 60.AT PAGE 56CR* ACCORDING TO EOFLTNE PUBLIC C RECORDEDAT THEREOF AS DADE mem' FLORIDA SAID PINT LYING AND BEING IN THE CITY CC MIAM1, FLORIDA. THENCE NORTH 01'21'13` NEST FOR 275.87 1•tx.T TO A PONT OF CURVATURE; THENCE NORTHWESTERLY ALONG A CIRCULAR CURVE TO THE LEFT CONCAVE TO THE SOUTHWEST HAYING A RADIUS OF 75.00 FEET AND A CENTRAL ANGLE OF 70` 28' 45` FOR AN ARC DISTANCE OF 92.26 FEET TO A POINT OF TANGENCY ALSO BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE NORTH 71'49'511` WEST ALONG THE NORTHEASTERLY RIGHT-OF-WAY UNE OE N.W. 16th STREET, CITY OF MIAMI, FOR 108..50 FEET; THENCE NORTH €712t'13" WEST FOR 340.18 FEET; THENCE SOUTH 56' 08' 06" EAST FOR 53.83 FEET; THENCE SOUTH 80' 41'54" EAST FOR 56.38 FEET; THENCE SOUTH D1"21'13" EAST FOR 85.1O FEET; THENCE SOUTH 88' 38'47` WEST FOR 48.31 FEET; THENCE SOUTH Or 21' 13 EAST FOR 204.86 FEET; THENCE NORTH 88' 38'47' EAST FOR 51_19 FEET; THENCE SOUTH 01'21'13' EAST FOR 45.00 FEET TO THE POINT OF BEGINNING. CONTAINING 23099.282 SQUARE FEET MORE OR LESS OR 0.53 ACRES MORE 0f LESS. EXH BIT B LEGAL DESCRIPTION OF PROPOSED PARCEL No. 2 BEGIN AT THE SOUTHWEST CORNER OF TRACT 2 " ALLENS 5118DiniSION' ACCORDING TO THE PLAT THEREOF AS IN FLAT BOOK 60, AT RAGE OF THE PUBLIC RECORD OF DAOE COUNTY FLORIDA SAID POINT LYING AND 8E3NG $N THE CITY OF MtANI. FLORIDA. THENCE NORTH °i'21'13' WET FOR 275.87 FEET ID A POINT OF CURVATURE; %HENCE NORTHWESTERLY ALONG A aRCULAR CURVE TO THE LEFT CONCAVE TO THE SOUTHWEST HAVING A RAOtUS OF 75.00 FEET AND A CENTRAL ANGLE OF 70' 28' 45' FOR AN ARC DISTANCE OF 92.26 FEET TO A POINT OF TANGENCY THENCE NORTH 01 i1'13" WEST FOR 45.00 FEET; 'THENCE SOUTH 3'38' 4r VEST FOR 51.19 FEET; THENCE NORTH 0t'21' 13* WEST FOR 204.86 FEET; THENCE NORTH 88'35' 47* EAST FOR 48.31 FEET; THENCE NORTH 0121` 13' WEST FOR 85.10 FEET; THENCE SOUTH 80'41'S4' EAST ALONG THE SOUTHWESTERLY RIGHT —Of —WAY WAY LINE OF THE MIAA11—RIVER FOR 383.94 FEET; THENCE SOUTH 63' 49' 37' EAST FOR 291.61 FEET; THENCE SOUTH 01' 11' 15' EAST FOR 630.54 FEET; THENCE SOUTH Bair 02 WEST FOR 41.30 FEET; THENCE NORTH 01'21' 13* Yt ST FOR 34.93 FEET; THENCE SOUTH 8817' 02* WEST FOR 50.00 FEET; THENCE NORTH 01'21' 13' W'EST FOR 123.50 FEET; THENCE SOUTH 88'ir 02' WEST FOR 490.03 FEET; TO THE POINT OF 5Ec PINING. CONTAINING 388001.538 SQUARE FEET *. 8.91 ACRES f • City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.mianii.fl.us File Number: 05-00764 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1583 NORTHWEST 24TH AVENUE, MIAMI, FLORIDA, FROM "INDUSTRIAL" AND "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" (PARCEL 2) AND "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO REMAIN "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" (PARCEL 1); MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 20, 2005 Item No. 5, following an advertised public hearing, adopted Resolution No. PAB 87-05 by a vote of six to zero (6- 0), recommending APPROVAL; and NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan, is hereby amended by changing the land use designation from "Industrial" and "Medium Density Multifamily Residential" to "Restricted Commercial" (Parcel 2) and "Medium Density Multifamily Residential" to remain "Medium Density Multifamily Residential" (Parcel 1) for the property located at approximately 1583 NW 24th Avenue, Miami, Florida, more particularly described in "Exhibit A" (Parcel 1) and "Exhibit B" (Parcel 2), attached hereto and made a part thereof. Section 3. It is found that this Comprehensive Plan designation change: a) is necessary due to changed or changing conditions; b) involves a residential land use of 10 acres or less and a density of less than 10 units per acre or involves other land use categories, singularly or in combination with residential use, of 10 acres or less and does not, in combination with other changes during the last year, produce a cumulative effect of having changed more than 60 acres through the use of "Small Scale development" procedures; c) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; City of Miami Page 1 of 2 Printed On: 10/4/2005 File Number: 05-00764 d) is one which does not involve the same owner's property within 200 feet of property that has been granted a Comprehensive Plan change within the prior twelve months; the proposed amendment does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site -specific development; and e) is one which is not located within an area of critical state concern. Section 4. The City Manager is directed to instruct the Director of the Planning Department to immediately transmit a certified copy of this Ordinance after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; the Executive Director, South Florida Water Management District, West Palm Beach, Florida; the Secretary, Department of Transportation, Tallahassee, Florida; and the Executive Director, Department of Environmental Protection, Tallahassee, Florida. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to § 163.3187(3)(c), Fla. Stat. (2004). {1} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 2 of 2 Printed On: 10/4/2005 ;ANAL NUM DENS TIFAMILY RECREA I�ECREATIO NW 16 TER GENERAL COM MEF City of Atiami Zoning Miami River to 27th Ave ,o c 0.0 a cc E _ , 0 ,C Cil C: C 0 0 -0 0 r- T5 (r) 'E "2 a. o .1) 0 7 C, City of Miami Zoning Miami River to 27th Ave R-1 R-2 R-3 R-4 C-1 C-2 0 11111 CBD G/I PR CS /.'j SD-1 r SD-2 SD-4 SD-5 V// SD-6 ��2 SD-6 1 SD-7 = SD-8 SD-11 SD-13 SD-14 -:» SD-14 1 :4,=C SD-15 SD-16 SD-16 2 SD-22 SD-27 2 EXP RT RR SD-16 1 SD-27.1 1 SD1 Overlay-Jan0306 M� ~ SD2 Overlay-Je n0306 SD3 Overlay-Jan0306 SD4 Overlay-Jan0306 . --f Pedestrian Pathways Od jt. 1% ^+SD-1 �1na j;. y'._7I�NNna?l! III 1 IIIIII Ulull a.- .!I%UINlI. �IIW 1iS II ■/ 1 iul-iwn, .II.!! ! MI N 11Rll NIu --IIIUta.- Ilniniii 11 w11p _� txwTiL7 111nmm'. 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'11H11i I111N1111111 H11111111 It1111111P 1lUnl i Si.!!l=1!1!+!4= tl111t111-glitlVl'_l MI111- =11.11�il� -Ix11� IIIIIII! iCiluna HI111N111'tlpin.Ql 11111 illslll'oiTillili"eLI171115�+NlNS Cllill=:�111_ _nj111xIG dial' i•.. 2 pliP sir:tr1 n4�p qNl llliNllh:-NIIII! Il lip 9NII:I • • w�{ :_ • • i 14: i. .n1pI1Hrl I . IltI Se r11xIRM moo I��::QQhH! .n! NI.UIiNIIrr 114111i N11P, i .11..u. 1/ 11llr nllyll. "ItHdna R+�= r �� M 50 1 . �IWn..1. � 1 /{!_ �. ■C'1�� 1 np1 1.19 ip lati n ow Kam, i1INIE iIIl slit d 1111I11 !IOitei 41111111 !NINI In111 nnmmn �i*11 � r n �"=�H1•iP.G - -N4-'stryxl11 dull: f11 R 3 111111 11111i: nt-3,Tim.�i,liulll 1 �. u11nu1. u1u 1111110Hfl /w1N1111 /11 '2M'! 6- ANDREW W.J. DICKMAN 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 connection o h item Pei 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-0D7(ve/ 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. Fernandez Brett Bibeau Sincerely, ANDREW DICKMAN NO ', u'W311 IOd OEdO33I O1i3fld 3H1 OINI a2nft'ns i'olic Committee: Governor of State of Florida Mr. Jeb Bush Designee: Dr. Pamella Dana Chair of Miami -Dade Delegation Representative Rene Garcia Designee: Ms. Debra Owens Chair of Governing Board of South Florida Water Management District Mr. Nicolas J. Gutierrez, Jr. Designee: Ms. lrela Bague Miami -Dade State Attorney Ms. Katherine Fernandez -Rundle Designee: Mr, Gary Winston Mayor of Miami -Dade County Mayor Alex Penelas Designee: Mr. Henry F. Sari Mayor of Miami Mayor Manuel A. Diaz Designee: Mr. Otto Boudet-Murias City of Miami Commissioner Commissioner Joe Sanchez Designee: Mr. Steve Wright Miami -Dade County Commissioner Commissioner Bruno Barreiro Designee: Mr. Alfredo Gonzalez Chair of Miami River Marine Group Mr. Charles "Bud.' Morton Designee: Mr. Richard Bunnell Chair of Marine Council Mr. Michael Karcher Designee: Mr. Phil Everingham Executive Director of Downtown Development Authority Mr. Dana A. Nottingham Designee: Mr. Adam Lakin Chair of Greater Miami Chamber of Commerce Mr. lsilio Arriaga Designee: Ms, Megan Kelly Neighborhood Representative ,appointed by City of Miami Commission Dr. Ernest Martin Designee: Mr. Michael Cox Neighborhood Representative Appointed by ivliami-Dade Commission Ms. 5allye Jude Designee: Ms. Jane Caporelti Representative from Environmental or Civic Organization Appointed by the Governor Ms. Janet McAtitey Designee: Ms. Theo Long Member at Large Appointed by the Governor Mr. Robert Parks 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. Cleve Jones, Jr. Designee: Captain Beau Payne Managing Director Mr Brett Bibeau Miami River Commission c/o Rosenstiel School 4600 Rickenbacker Causeway Miami, Florida 33149 Office: (305) 361-4850 Fax: (305) 361-4755 email: mrc@rsmas.miami.edu July 11, 2005 City of Miami Zoning Board City Hall 3500 Pan American Drive Miami, FL 33145 Re: Recommendation for Denial of July 11, 2005 Zoning Board Agenda Item 8 Dear Zoning Board: On November 1, 2004, Mr. Ben Fernandez, Berkow Radell, presented "Brisas del Rio," located at 1583 NW 24 Ave., to the Miami River Commission, including the proposed 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 Inftll Plan. The MRC noted the development would require the partial tilling of existing and irreplaceable water slips on the subject property. Sincerely, Aff-t-p : Irela Bague Chair, Miami River Commission **REVISED** SCHOOL IMPACT REVIEW ANALYSIS July 19, 2005 APPLICATION: Brisas Del Rio (MU-2005-005) REQUEST: Major Use Special Permit, Land Use and Zoning Change (PAB Mtg. July 20, 2005) ZONING: Land Use and Zoning Change from "industrial" that allows 0 DU/acre to "Medium Density Multifamily Residential" (Parcel 1) that allows 65 DU/acre and "Restricted Commercial" (Parcel 2) that allows 150 DU/acre. ACRES: 9.44 acres LOCATION: Approximately 1583 NW 24 Avenue, Miami MSAIMULTIPLIER: 5.1 = .27 multifamily and .50 townhouse NUMBER OF UNITS: 613-unit increase (593 multifamily units & 20 townhouse units) ESTIMATED STUDENT POPULATION: 170 students* 160 10 ELEMENTARY: 78 MIDDLE: 43 SENIOR: 49 SCHOOLS SERVING AREA OF APPLICATION: ELEMENTARY: Comstock Elementary — 2420 NW 18 Avenue Kelsey L. Pharr Elementary — 2000 NW 46 Street Maya Angelou Elementary —1850 NW 81 Street MIDDLE: Citrus Grove Middle — 2121 NW 5th Street SENIOR HIGH: Miami Jackson Senior — 1751 NW 36 Street All the schools are in Region IV. *Based on Census 2000 Information provided by Miami -Dade County Department of Planning and Zoning. The following population and facility capacity data are as reported by the Office of Information Technology, as of October 2004: Comstock Elementary STUDENT FISH DESIGN % UTILIZATION NUMBER OF % UTILIZATION CUMULATIVE POPULATION CAPACITY FISH DESIGN PORTABLE FISH DESIGN STUDENTS** PERMANENT CAPACITY STUDENT CAPACITY PERMANENT STATIONS PERMANENT AND RELOCATABLE 653/ 541 121%/ 90 103%/ 818 679* 135%* 108%* Kelsey L. Pharr 421/ Elementary 447* Maya Angelou 673/ Elementary 699* Citrus Grove Middle 542 78%/ 18 75%/ 452 82%* 80%* 716 94%/ 0 94%/ 703 98%* 98%* 1,464/ 189%/ 172%/ 1,507* 774 195%* 79 797 177%* Miami Jackson 1,777/ 2,110 84%/ 211 77%/ 1,110 Senior 1,826* 87%* 79%* * increased student population as a result of the proposed development ** Estimated # of students (cumulative) based on zoning/land use log (2001- present) and assuming all approved developments are built; also assumes none of the prior cumulative students are figured in current population Notes: 1) Figures above reflect the impact of the class size amendment. 2) Pursuant to the interlocal Agreement, only Comstock Elementary and Citrus Grove Middle School meet the review threshold. PLANNED RELIEF SCHOOLS IN THE AREA (information included in proposed 5-Year Capital Plan, 2005-2009, dated January 2005) Projects in Planning, Design or Construction School Status Miami Jackson Senior High Construction Partial Replace 343 student stations Occupancy Date October 2007 Proposed Relief Schools School Funding Year New Modular FY 06-07 Citrus Grove Middle School relief 676 student stations OPERATING COSTS: According to Financial Affairs, the average cost for K-12 grade students amounts to $6,549 per student. The total annual operating cost for additional students residing in this development, if approved, would total $1,113,330. CAPITAL COSTS: Based an the State's July 2005 student station cost factors*, capital costs for the estimated additional students to be generated by the proposed development are: ELEMENTARY MIDDLE SENIOR 78 x 43 x 49 x Total Potential Capital Cost $ 13,574= $1,058,772 $ 15,563 = $ 669,209 $ 20,594= $1,009,106 $2,737,087 * Based on Information provided by the Florida Department of Education, Office of Educational Facilities Budgeting. Cost per student station does not include land cost. PLANNING FACT SHEET APPLICANT HEARING DATE REQU EST/LOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS APPLICATION NUMBER PLANNING ADVISORY BOARD CITY COMMISSION LEGISTAR FILE NUMBER Ben Fernandez, Esquire, on behalf of Brisas del Rio, Inc. July 20, 2005 Consideration of amending the Miami Comprehensive Neighborhood Plan. Complete legal description on file with Hearing Boards. Consideration of amending Ordinance No. 10544 of the Miami Comprehensive Neighborhood Plan by amending the Future Land Use Map for the property located at approximately 1583 NW 24th Avenue, Miami, Florida, from "Industrial" and "Medium Density Multifamily Residential" to "Restricted Commercial" (Parcel 2) and "Medium Density Multifamily Residential" to remain "Medium Density Multifamily Residential" (Parcel 1). Approval. See supporting documentation. 2005-072 Item # 5 Recommended approval to VOTE: 6-0 City Commission. Passed First Reading on January 26, 2006. 05-00764 CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 2/13/2006 Page 1 ANALYSIS FOR ZONING CHANGE 1583 NW 24th AVENUE CASE NO: 2005-0969 Pursuant to Article 4, Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for an amendment to the Zoning Atlas as follows: The request is to change the Zoning designation as follows: The subject property located at 1583 NW 24th Avenue (complete legal description on file with the Hearing Boards Office), from SD-4 "Waterfront Industrial District" and R-3 "Multifamily Medium -Density Residential" to C-1 "Restricted Commercial and R-3 "Multifamily Medium -Density Residential". The following findings have been made: It is found that immediately adjacent to the west, the area is designated R-3 "Multifamily Medium -Density Residential" and to the south, the area is designated R-2 "Two -Family Residential". • It is found that this change of zoning is in order to allow the development of a mixed used multifamily project known as `Brisas del Rio" Major Use Special Petnmit ("MUSP"). • It is found that this application will allow for the development of a multifamily residential project along the Miami River with a marine related commercial component while allowing for a buffer between the SD-4 "Waterfront Industrial District" and the R-2 "Two -Family Residential" districts to the south of the subject property near the Miami River. • It is found that the requested change to R-3 "Multifamily Medium -Density Residential" will allow greater flexibility in developing the proposed mixed use multifamily residential project. Based on these findings, the PIanning Department is recommending approval of the change of zoning as a component of a Major Use Special Permit application as presented. ANALYSIS FOR ZONING CHANGE Yes No NA CASE NO. 2005-0969 In harmony with Comp. Plan; does not require amendment. In harmony with established land use. Is related to adjacent and nearby districts. is within scale with needs of neighborhood or City. Maintains similar population density pattern. Existing district boundaries are illogically drawn. Changes or changing conditions that make change necessary. Positively influences living conditions in neighborhood. Has similar impact on traffic; does not affect public safety. Has similar impact on drainage. Has similar impact on light and air to adjacent areas. Has similar impact on property values in adjacent areas. Contributes to improvement or development of adjacent property. Conveys same treatment as to owners within same classification. Property is unfairly limited under existing zoning. Difficult to find other adequate sites in surrounding area. • HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.ci.miami.fl.us PUBLIC HEARING APPLICATION FOR AMENDMENT TO THE ZONING ATLAS AND/OR OVERLAY DISTRICT Welcome to Hearing Boards! This application process is for your reference and review. It is intended to serve as a guide in acquainting you with our public hearing process. Following are a series of concerns/requirements for you take into account. By any means, please feel free to contact the department at the number above, should you have any questions. CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. The responses to the attached application must be typed and the complete application must be signed in black ink. It will be accepted, along with pertinent documents, only the first seven days (1-7) of the month from 8:00 am until 3:00 pm. Please note that the cashier located on the 4th floor will close at 4:00 pm; therefore, the complete application, reviewed plans and a paid receipt, must be submitted before the deadline. Upon submittal, this application must be accompanied with a signed and current Zoning Referral. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. An additional cost to record the Zoning Board resolution is $6.00 for the first page and $4.50 for additional pages. All fees are subject to change. Also, for City Commission resolutions, please contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it is signed or initialed by the Planning Department designee. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from Zoning. Rev. 02-22-05 • • • 1, Ben Fernandez on behalf of Brisas del Rio, inc., hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the City of Miami as more particularly described herein and in support of that request, furnish the following information (see Article 22 of the Zoning Ordinance): 1. Address of property: 1583 NW 241h Avenue, Miami, FL 2. Folio number: 01-3134-059-0010; 01-3134-059-0020; 01-3134-068-0010 3. Two (2) 11 x17" original surveys of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 4. At least two photographs that show the entire property (land and improvements). 5. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. 6. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A" and "B". 7. Affidavit and disclosure of ownership of subject property and disclosure of interest (see pages 4 and 5). 8. Certified list of owners of real estate within a 500-foot radius from the outside boundary of property (see pages 6 and 7). 9. Present zoning designation(s): SD-4 Waterfront Industrial and R-3 Medium Density Multifamily Residential. Future zoning designation(s): C-1 Restricted Commercial (Parcel 2) and R-3 Medium Density Multifamily Residential (Parcel 1) 10. Statement explaining why present zoning designation is inappropriate. The existing designation on the majority of the property is primarily limited to marine industrial operations and uses. The property has been vacant for over 5 years. Many marine industrial uses are incompatible with the surrounding residential area. 11. Statement as to why proposed zoning designation is appropriate. The requested land use change would permit the property to be developed with a mixed - use project featuring residential and marine related commercial uses that are more compatible with the surrounding area. 12. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? {Contact the Preservation Officer at the Planning Department (3rd Floor) at 305-416-1400 for information.} Yes. Rev.02-22-05 2 13. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? {Contact the Preservation Officer at the Planning Department (3`d Floor) at 305-416-1400 for information.} No. 14. What is the acreage of the project/property site? 9.44 Acres 15. What is the purpose of this application/nature of proposed use? To accommodate the redevelopment of the property with a mixed -use multifamily project. 16. All documents, reports, studies, exhibits (8 1/2 x11") or other written or graphic materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 17. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 18. Cost of processing according to the City Code: Change of zoning classification: CS, PR, R-1, R-2, per square foot of net lot area $ .15 Minimum $ 635.00 R-3, R-4, 0, G/I, HP per square foot of net lot area Minimum C-1, C-2, I, per square foot of net lot area Minimum CBD and all SD's, per square foot of net lot area Minimum Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ .20 $ 750.00 $ .25 $ 900.00 $ .30 $ 1,000.00 $ 3.50 Signature - •%Address 200 S. Biscayne Blvd., # 850 Name Ben Fernandez, Esq. Miami, FL 33131 Telephone 305-377-6235 STATE OF FLORIDA COUNTY OF MIAMI-DADE Date March 7, 2005 The foregoing instrument was acknowledged before me this 7th day of March, 2005, by Ben Fernandez, Esq. who is a(n) partner of Bercow & Radell, PA a corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) BETTY LLERENA Y COMM SS ON # Oe5+ F,XPH7ES: F bruay 23.2O Rev. 02-22-05 3 �L • • AFFIDAVIT Before me, the undersigned authority, this day personally appeared Ben Fernandez, Esq., who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Mia Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, I] including responding to day to day staff inquires; 0 not including responding to day to day staff inquiries in which case he/she should be contacted at 305-377-6235. 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Ben Fernandez, Esq. Applicant Name Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 7tt' day of March, 2005, by Ben Fernandez, Esq. who is a(n) partner of Bercow & Radell, PA a corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) SETTY LLERENA _. Sign CMM SSION # Di: 095997 EXPFRE'S: February 27 a;� Rev. 02-22-05 4 • DISCLOSURE OF OWNERSHIP 1 Owner(s) of subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest are required. (Please supply additional lists, as applicable.) Owner's Name(es) Brisas del Rio, Inc. (100 % Homero Meruelo Sr. & Belinda Meruelo — husband & wife) Subject Property Address(es) 1583 NW 24th Avenue, Miami, FL Telephone Number 305-865-1250 2. Street address and legal description of any property: (a) Owned by any party listed in answer to question #1; and (b) Located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address N/A Ben Fernandez, Est[. Legal Description Owner or Attorney for Owner Name Owner or Attorney for Ow Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this ^ th day of March, 2005, by Ben Fernandez, Esq. who is a(n) partner of Bercow & Radell, PA a corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) 3E(iYLLERENA COMMlSS ON # DD 095997 EXP[*?ES' Fgtss,-ary 27. 2 FL ?:Gigfy S[.'v!G_= & ?(NK. Inp, d��, Rev. 02-22-05 • EXHIBIT A LEGAL DESCRIPTION OF PROPOSED PARCEL No.1 CCWENCE AT THE SOUTHWEST CORNER CF "TRACT 2 ' AUENS SLEIDIVISON* ACCORDING TO THE PLAT THEREOF AS RECOR IN PLAT BOOK 80 AT PAGE 58 OF THE PUBUC RECORD OOFDED DALE COUNTY FLORIDA SAID POINT LYING AND BEING IN THE CITY OF MINA, FLORIOA. THENCE NORTH 01'2 13" WEST FOR 275.87 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG A CIRCULAR CURVE TO THE LEFT CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 75.00 FEET AND A CENTRAL ANGLE OF 70' 243` 45° FOR AN ARC DISTANCE C$ 92.26 FEET TO A POINT OF TANGENCY ALSO E3EING THE POINT OF BEGINNING OF ME HEREiNAF IER DESCRIBED PARCEL. OF LAND; THENCE NORTH 71149'58' WEST AI.0NG THE NORTHEASTERLY RIGHT—OF—WAY UNE OF N.W. 18th STREET. CITY OF MIAMI, FOR 108.50 FEET; THENCE NORTH 01'21'13" VEST FOR 340.13 FEET; THENCE SOUTH 58' 08' 06 EAST FOR 53.83 FEET; 'EHENC E SOUTH 80' 41154° EAST FOR 58.38 FEET; THENCE SOUTH 0111'13' EAST FOR 85.10 FEET; THENCE SOUTH 88' 38'47' WEST FOR 48.31 FEET, THENCE SOUTH 01' 21' 13 EAST FOR 204.86 FEET; THENCE NORTH 88' 38'47' EAST FOR 51.19 FEET; THENCE SOUTH 01'21'13' EAST FOR 45.00 FEET TO THE POINT OF BEGINNING. CONTAINING 23099.282 SQUARE FEET MORE OR LESS OR 0.53 ACRES MORE OR LESS. EXHIBIT B LEGAL DESCRIPTION OF PROPOSED PARCEL No. 2 BEGIN AT THE SOUTHWEST CORNER OF TRACT 2 • ALIENS SUBDIVISION" AEG TO THE PLAT :MMO, AS IN PLAT BOOK 60. AT PAGE 56 OF THE PU8uC RECOROF DADE COUNTY FLCRIDA SAID POINT LI1NG AND BEJNG IN THE ary. OF MAC FLORIDA. 'MINCE NORTH 01'21'13" WEST FOR 275.87 FEET TO A POINT OF CURVATURE; 'THENCE NCRTHWESTERLY ALONG A CIRCULAR CURVE T'0 THE LEFT CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 75.00 FEET AND A CENTRAL ANGLE OF 70' 28' 43" FOR AN ARC DISTANCE CF 92.26 FEET TO A POINT OF TANGENCY THENCE NORTH 01'21'13" 1VEST FOR 45.00 FEET; VENCE SOUTH 88 38' 47" %VEST FOR 51.19 FEET; 'THENCE NORTH 0121' 13" WEST FOR 204.86 FEET; THENCE NORTH 8838` 47" EAST FOR 48.31 FEET; 'HENCE NORTH 0121' 13" WEST FOR 85.10 FEET; THENCE SOUTH 80'41'54" EAST ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE M AUI-RIVEN FOR 383.94 FEET; THENCE SOUTH 83' 49' 37' EAST FOR 291.61 FEET; THENCE SOUTH 01' 11' 15" EAST FOR 830.54 FEET; THENCE SOUTH 8817' 02" WEST FOR 41.30 I" tE i; THENCE NORTH 01'21' 13" WEST FOR 34.93 FEET; THENCE SOUTH 8817' 02" WEST FOR 50.00 FEET; THENCE NORTH 0121' 13" WEST FOR 123.50 FEET; THENCE SOUTH 8817. 02" WEST FOR 490.00 FEET; TO THE POINT OF BEGINNING. CONTAINING 388001.538 SQUARE FEET *, 8.91 ACRES * ,r. • M!111111!!' 11!1111111!!!1'1!!! 1!'111 • • Prepared : KEITH D. DIAMOND, ESQ. BankAtlantic Building, Fourth Floor 46 Southwest First Street Miami, Florida 33130 WARRANTY DEED t Yi i3` i_ THIS WARRANTY DEED made the J day of ' ': '.- � �_�'; . A.D. 2003 by BERNUTH CHARTERING, S.A., a Panamanian corporation, 3201 N.W. 24t" Street Road. Miami, Florida 33142 hereinafter called the grantor to BRISAS DEL RIO, INC., a Florida corporation, whose post office address is c/o Management Office, 5105 Collins Avenue, Miami, Beach, Florida 33140, hereinafter called the grantees. WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt of which is hereby acknowledged, hereby grant, bargain. sell, alien. remise, release, convey and confirm unto the grantees, all that certain land situate in Miami -Dade County, Florida, viz: Tracts 1 and 2, of ALLEN'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 60, Page 56, Public Records of Miami -Dade County, .Florida. (the "Property") Tract 3, of ALLEN'S SUBDIVISION, FIRST ADDITION, according to the Plat thereof, recorded in Plat Book 73, Page 37, Public Records of Miami - Dade County, Florida (the "Property"). Together with all easements, tenements, hereditaments and appurtenances thereto. and al improvements located on the property. To have and to hold in fee simple forever. SUBJECT TO: Taxes for the year 2004 and subsequent years and easements of record without the intent of reimposing same. Folios: 01-31340680010 01-31340590010 01-31340590020 AND said grantor does hereby fully warrant title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. • • • Signed, sealed and delivered in the presence of us: Witnesses: ,>—''" ""Th BERNUTH CHARTERING, S.A., a Panamanian c poration Print Name; By: Print Name: ' s� �. , ; t✓ &#.•- Print Name...Title 6- STATE OF FLORIDA : SS. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this • day of �'`, :_,z�', 2003 by .--. 1.-) 8 j �,�.3'''41t,', F�a aS i� na' �� � % ��p..�,f; �A' OfBernuln Chartering, S.A., apanaindnian corporation, \Cjii) is personally known to me reduced_ _ _.... My commission expires: NOTARYTUBLIC AT LARGE STATE OF FLORIDA Keith D. Diamond COMMISSION # DDT30252 EMS 7uly 13, 2006 BONDED 1F VTROY MNSNSuRLJiC{,{ Case Number: 2005-0969 ZONING FACT SHEET 11-Jul-05 Item 8 Location: Approximately 1583 NW 24th Avenue Legal: (Complete legal description on file with the Department of Hearing Boards) Applicant: Ben Fernandez, Esquire, on behalf of Brisas del Rio, Inc. 200 S Biscayne Boulevard #850 Miami, FL 33131 (305) 377-6235 Zoning: R-3 Multifamily Medium -Density Residential SD-4 Waterfront Industrial District Request: Change of Zoning as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, from SD-4 Waterfront Industrial District and R-3 Multifamily Medium -Density Residential to C-1 Restricted Commercial (for Parcel 2) and R-3 Multifamily Medium - Density Residential to remain R-3 Multifamily Medium -Density Residential (for Parcel 1). Purpose: This will change the above property to C-1 Restricted Commercial (for Parcel 2) and R- 3 Multifamily Medium -Density Residential to remain R-3 Multifamily Medium -Density Residential (for Parcel 1). Recommendations: Planning Department: Approval. Public Works: No comments. Plat and Street Committee: No comments. History: The Planning Advisory Board recommended approval of a Change of Land Use on July 20, 2005 by a vote of 6-0. Analysis: See supporting documentation. Zoning Board Resolution: ZB 2005-1052 Zoning Board: Recommended approval to City Commission. Vote: 8-1 City Commission: January 26, 2006 Legistar File Number: 05-00764b EXHIBIT A LEGAL DESCRIPTION OF PROPOSED PARCEL No.1 COAtENCE AT THE SOUTHWEST CORNER OF TRACT 2 " ALIENS SUBDIVIIN Pt.AT�BOOK 60.AT PAGE 56CR* ACCORDING TO EOFLTNE PUBLIC C RECORDEDAT THEREOF AS DADE mem' FLORIDA SAID PINT LYING AND BEING IN THE CITY CC MIAM1, FLORIDA. THENCE NORTH 01'21'13` NEST FOR 275.87 1•tx.T TO A PONT OF CURVATURE; THENCE NORTHWESTERLY ALONG A CIRCULAR CURVE TO THE LEFT CONCAVE TO THE SOUTHWEST HAYING A RADIUS OF 75.00 FEET AND A CENTRAL ANGLE OF 70` 28' 45` FOR AN ARC DISTANCE OF 92.26 FEET TO A POINT OF TANGENCY ALSO BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE NORTH 71'49'511` WEST ALONG THE NORTHEASTERLY RIGHT-OF-WAY UNE OE N.W. 16th STREET, CITY OF MIAMI, FOR 108..50 FEET; THENCE NORTH €712t'13" WEST FOR 340.18 FEET; THENCE SOUTH 56' 08' 06" EAST FOR 53.83 FEET; THENCE SOUTH 80' 41'54" EAST FOR 56.38 FEET; THENCE SOUTH D1"21'13" EAST FOR 85.1O FEET; THENCE SOUTH 88' 38'47` WEST FOR 48.31 FEET; THENCE SOUTH Or 21' 13 EAST FOR 204.86 FEET; THENCE NORTH 88' 38'47' EAST FOR 51_19 FEET; THENCE SOUTH 01'21'13' EAST FOR 45.00 FEET TO THE POINT OF BEGINNING. CONTAINING 23099.282 SQUARE FEET MORE OR LESS OR 0.53 ACRES MORE 0f LESS. EXH BIT B LEGAL DESCRIPTION OF PROPOSED PARCEL No. 2 BEGIN AT THE SOUTHWEST CORNER OF TRACT 2 " ALLENS 5118DiniSION' ACCORDING TO THE PLAT THEREOF AS IN FLAT BOOK 60, AT RAGE OF THE PUBLIC RECORD OF DAOE COUNTY FLORIDA SAID POINT LYING AND 8E3NG $N THE CITY OF MtANI. FLORIDA. THENCE NORTH °i'21'13' WET FOR 275.87 FEET ID A POINT OF CURVATURE; %HENCE NORTHWESTERLY ALONG A aRCULAR CURVE TO THE LEFT CONCAVE TO THE SOUTHWEST HAVING A RAOtUS OF 75.00 FEET AND A CENTRAL ANGLE OF 70' 28' 45' FOR AN ARC DISTANCE OF 92.26 FEET TO A POINT OF TANGENCY THENCE NORTH 01 i1'13" WEST FOR 45.00 FEET; 'THENCE SOUTH 3'38' 4r VEST FOR 51.19 FEET; THENCE NORTH 0t'21' 13* WEST FOR 204.86 FEET; THENCE NORTH 88'35' 47* EAST FOR 48.31 FEET; THENCE NORTH 0121` 13' WEST FOR 85.10 FEET; THENCE SOUTH 80'41'S4' EAST ALONG THE SOUTHWESTERLY RIGHT —Of —WAY WAY LINE OF THE MIAA11—RIVER FOR 383.94 FEET; THENCE SOUTH 63' 49' 37' EAST FOR 291.61 FEET; THENCE SOUTH 01' 11' 15' EAST FOR 630.54 FEET; THENCE SOUTH Bair 02 WEST FOR 41.30 FEET; THENCE NORTH 01'21' 13* Yt ST FOR 34.93 FEET; THENCE SOUTH 8817' 02* WEST FOR 50.00 FEET; THENCE NORTH 01'21' 13' W'EST FOR 123.50 FEET; THENCE SOUTH 88'ir 02' WEST FOR 490.03 FEET; TO THE POINT OF 5Ec PINING. CONTAINING 388001.538 SQUARE FEET *. 8.91 ACRES f • City of Miami Legislation Ordinance City Hall 3500 Pb.ri American Otive MiamCFL 33133 wArvw.ci..i iami.fl.us File Number: 05-00764b Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 25, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "SD-4" WATERFRONT INDUSTRIAL DISTRICT AND "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL (FOR PARCEL 2) AND "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO REMAIN "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL (FOR PARCEL 1), FOR THE PROPERTY LOCATED AT APPROXIMATELY 1583 NORTHWEST 24TH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Zoning Board, at its meeting on July 11, 2005, Item No. 8, following an advertised hearing, adopted Resolution No. ZB 2005-1052, by a vote of eight to one (8-1), RECOMMENDING APPROVAL of a change of zoning classification, as hereinafter set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, is amended by changing the zoning classification from "SD-4"Waterfront Industrial District and "R-3" Multifamily Medium - Density Residential to "C-1" Residential (for parcel 2) and "R-3" Multifamily Medium -Density Residential to remain R-3 Multifamily Medium -Density Residential (for parcel 1), for the property located at approximately 1583 Northwest 24th Avenue, Miami, Florida, more particularly described in " Exhibit A." Section 3. It is found that this zoning classification change: (a) is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) is not contrary to the established land use pattern; (c) will not create an isolated district unrelated to adjacent and nearby districts; (d) is not out of scale with the needs of the neighborhood or the City; (e) will not materially alter the population density pattern or increase or overtax the load on public facilities such as schools, utilities, streets, etc.; City of Miami Page 1 of 2 Printed On: 10/4/2005 Pilo Number: 05-00764b (f) is necessary due to changed or changing conditions; (g) will not adversely influence living conditions in the neighborhood; (h) will not create or excessively increase traffic congestion or otherwise affect public safety; (I) will not create a drainage problem; (j) will not seriously reduce light and air to adjacent area; (k) will not adversely affect property value in the adjacent area; (I) will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; and (m)will not constitute a grant of special privilege to an individual owner so as to compromise the protection of the public welfare. Section 4. Page No. 25 of the Zoning Atlas, made a part of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by reference and description in said Ordinance, is amended to reflect the changes made necessary by this Amendment. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance shall become effective thirty-one (31) days after second reading and adoption pursuant and subject to § 163.3187(3)(c). {1 } APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ 0, CITY ATTORNEY Footnotes: {1 } This Ordinance shall become effective as specified unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated, whichever is later. City of Miami Page 2 of 2 Printed O, : 10/4/2005 0 150 300 600 Feet 1 1 1 1 1 1 1 1 1 Address: 1583 NW 24 Ave EXHIBIT 1 STIPULATED SETTLEMENT AGREEMENT CASE NO.: ***Unknown: Court -Status Case No» *** STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, MIAMI RIVER MARINE GROUP, INC., Intervenor, v. DOAH Case No. 09- 0169GM CITY OF MIAMI, Respondent. STIPULATED SETTLEMENT AGREEMENT THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs and the City of Miami, a Florida Municipal Corporation (City) as a complete and final settlement of all claims between the Petitioner, Intervenor and Respondent raised in the above -styled proceeding. RECITALS WHEREAS, the State of Florida, Department of Community Affairs (DCA or Department), is the state land planning agency and has the authority to administer and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes; and WHEREAS, the City is a local government with the duty to adopt comprehensive plan amendments that are "in compliance"; and WHEREAS, the Local Government adopted Comprehensive Plan Amendment (EAR based Plan Amendments) by Ordinance No. 13043 on November 13, 2008, which is sometimes known Miami 08-1ER; and 2 CASE NO.: ***Unknown: Court -Status Case No» *** WHEREAS, the Department issued its Statement and Notice of Intent regarding the Amendments on January 6, 2009 and found the EAR Based Plan Amendments to be in compliance except as set forth below ; and WHEREAS, as set forth in the Statement of Intent, the Depatttnent contends that the following Amendments: Goal PA- 3; Objective PA- 3.1, and Policies PA-3.1.1 to 3.1.9 ; Objective PA- 3.2 , and Policy PA- 3.2.1 ; Objective PA- 3.3 , and Policy PA- 3.3.1; Objective PA- 3.4, and Policies PA- 3.4.1 to 3.4.4 ; Policy LU-1.4.10 are not "in compliance" because it fails to insure the protection of recreational and commercial working waterfronts as required by Section 342.07, Florida Statutes ; as well as Chapter 163 II, Florida Statutes, the State Comprehensive Plan, Rule 9J-5, Florida Administrative Code, and the Strategic Regional Policy Plan for South Florida; and WHEREAS, pursuant to Section 163.3184(10), Florida Statutes, DCA has initiated the above -styled formal administrative proceeding challenging the Amendment; and WHEREAS, the "Miami River Marine Group" challenged the MCNP amendments and is an Intervenor in the challenge proceedings; and WHEREAS, the Local Government disputes the allegations of the Statement of Intent regarding the Amendment; and WHEREAS, the City conducted a formal mediation with DCA and the Intervenor on October 16, 2009; and WHEREAS, subsequently the Local Government made changes to the foregoing EAR based Plan Amendments requested by DCA; and WHEREAS, the City also conducted a Stakeholder meeting with the Intervenor on April 15, 2010; and WHEREAS, the Local Government has additionally made changes to the EAR Based Plan Amendments requested by the Intervenor and these changes were approved, in principle, by the City Commission on May 27, 2010 who directed they be transmitted to DCA; and 3 CASE NO.: ***Unknown: Court -Status Case No» *** WHEREAS, the parties wish to avoid the expense, delay, and uncertainty of lengthy litigation and to resolve this proceeding under the terms set forth herein, and agree it is in their respective mutual best interests to do so; NOW, THEREFORE, in consideration of the mutual covenants and promises herein below set forth, and in consideration of the benefits to accrue to each of the parties, the receipt and sufficiency of which are hereby acknowledged, the parties hereby represent and agree as follows: GENERAL PROVISIONS 1. Definitions. As used in this agreement, the following words and phrases shall have the following meanings - a. Act: The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Part II, Chapter 163, Florida Statutes. b. Agreement: This stipulated settlement agreement. c. Comprehensive Plan Amendment or Plan Amendment: Comprehensive plan amendment Miami 08-1ER, adopted by the City on November 13, 2008, as Ordinance No. 13043, as amended by subsequent requests of DCA and the Intervenor. d. DOAH: The Florida Division of Administrative Hearings. e. In compliance or into compliance: The meaning set forth in Section 163.3184(1)(b), Florida Statutes. f. Notice: The Notice of Intent issued by the Department to which was attached its statement of intent to find the plan amendment not in compliance. g. Petition: The petition for administrative hearing and relief filed by the Department in this case. 4 CASE NO.: ***Unknown: Court -Status Case No» *** h. Remedial Action: A remedial plan amendment, submission of support document or other action described in the statement of intent or this agreement as an action which must be completed to bring the plan amendment into compliance. i. Remedial Plan Amendment: An amendment to the plan or support document, the need for which is identified in this agreement, including its exhibits, and which the local government must adopt to complete all remedial actions. Remedial plan amendments adopted pursuant to this Agreement must, in the opinion of the Department, be consistent with and substantially similar in concept and content to the ones identified in this Agreement or be otherwise acceptable to the Department. j. Statement of Intent: The statement of intent to find the Plan Amendment not in compliance issued by the Depatttnent in this case. k. Support Document: The studies, inventory maps, surveys, data, inventories, listings or analyses used to develop and support the Plan Amendment or Remedial Plan Amendment. 2. Department Powers. The Department is the state land planning agency and has the power and duty to administer and enforce the Act and to determine whether the Plan Amendment is in compliance. 3. Negotiation of Agreement. The Department issued its Notice and Statement of Intent to find the Plan Amendment not in compliance, and filed the Petition in this case to that effect. Subsequent to the filing of the Petition the parties conferred and agreed to resolve the issues in the Petition, Notice and Statement of Intent through this Agreement. It is the intent of this Agreement to resolve fully all issues between the parties in this proceeding. 4. Dismissal. If the Local Government completes the Remedial Actions required by this Agreement, the Depat anent will issue a cumulative Notice of Intent addressing both the Remedial Plan Amendment and the initial Plan Amendment subject to these proceedings. The Department will file the cumulative Notice of Intent with the DOAH. The Department will also 5 CASE NO.: ***Unknown: Court -Status Case No» *** file a request to relinquish jurisdiction to the Department for dismissal of this proceeding or for realignment of the parties, as appropriate under Section 163.3184(16)(f), Florida Statutes. 5. Description of Provisions not in Compliance and Remedial Actions; Legal Effect of Agreement. Exhibit A to this Agreement is a copy of the Statement of Intent, which identifies the provisions not in compliance. Exhibit B contains Remedial Actions needed for compliance. Exhibits A and B are incorporated in this Agreement by this reference. This Agreement constitutes a stipulation that if the Remedial Actions are accomplished, the Plan Amendment will be in compliance. 6 Remedial Actions to be Considered for Adoption. The Local Government agrees to consider for adoption by formal action of its governing body all Remedial Actions described in Exhibit B no later than the time period provided for in this Agreement. 7 Adoption or Approval of Remedial Plan Amendments. Within 60 days after execution of this Agreement by the parties, the Local Government shall consider for adoption all Remedial Actions or Plan Amendments and amendments to the Support Documents. This may be done at a single adoption hearing. Within 10 working days after adoption of the Remedial Plan Amendment, the Local Government shall transmit 3 copies of the amendment to the Department as provided in Rule 9J-11.0131(3), Florida Administrative Code. The Local Government also shall submit one copy to the regional planning agency and to any other unit of local or state government that has filed a written request with the governing body for a copy of the Remedial Plan Amendment and a copy to any party granted intervenor status in this proceeding. The Remedial Plan Amendment shall be transmitted to the Department along with a letter which describes the remedial action adopted for each part of the plan amended, including references to specific portions and pages. 8. Acknowledgment. All parties to this Agreement acknowledge that the "based upon" provisions in Section 163.3184(8), Florida Statutes, do not apply to the Remedial Plan Amendment. 6 CASE NO.: ***Unknown: Court -Status Case No» *** 9. Review of Remedial Plan Amendments and Notice of Intent. Within 30 days after receipt of the adopted Remedial Plan Amendments and Support Documents, the Department shall issue a Notice of Intent pursuant to Section 163.3184, Florida Statutes, for the adopted amendments in accordance with this Agreement. a. In Compliance: If the adopted Remedial Actions satisfy this Agreement, the Department shall issue a cumulative Notice of Intent addressing both the Plan Amendment and the Remedial Plan Amendment as being in compliance. The Department shall file this cumulative notice with DOAH and shall move to realign the parties or to have this proceeding dismissed, as may be appropriate. b. Not in Compliance: If the Remedial Actions do not satisfy this Agreement, the Department shall issue a Notice of Intent to find the Plan Amendment not in compliance and shall forward the notice to DOAH for consolidation with the pending proceeding. 10. Effect of Amendment. Adoption of any Remedial Plan Amendment shall not be counted toward the frequency restrictions imposed upon plan amendments pursuant to Section 163.3187(1), Florida Statutes. 11. Purpose of this Agreement; Not Establishing Precedent. The parties enter into this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of disputes arising out of or related to the Plan Amendment. The acceptance of proposals for purposes of this Agreement is part of a negotiated agreement affecting many factual and legal issues and is not an endorsement of, and does not establish precedent for, the use of these proposals in any other circumstances or by any other local government. 12. Approval by Governing Body. This Agreement has been approved by the Local Government's governing body at a public hearing advertised at least 10 days prior to the hearing in a newspaper of general circulation in the manner prescribed for advertisements in Section 7 CASE NO.: ***Unknown: Court -Status Case No» *** 163.3184(15)(e), Florida Statutes. This Agreement has been executed by the appropriate officer, the City Manager, as provided in the Local Government's charter or other regulations. 13. Changes in Law. Nothing in this Agreement shall be construed to relieve either party from adhering to the law, and in the event of a change in any statute or administrative regulation inconsistent with this agreement, the statute or regulation shall take precedence and shall be deemed incorporated in this Agreement by reference. 14. Other Persons Unaffected. Nothing in this Agreement shall be deemed to affect the rights of any person not a party to this Agreement. This Agreement is not intended to benefit any third party. 15. Attorney Fees and Costs. Each party shall bear its own costs, including attorney fees, incurred in connection with the above -captioned case and this Agreement. 16. Effective Date. This Agreement shall become effective immediately upon execution by the Department and the Local Government. 17. Filing and Continuance. This Agreement shall be filed with DOAH by the Department after execution by the parties. Upon the filing of this Agreement, the administrative proceeding in this matter shall be stayed by the Administrative Law Judge in accordance with Section 163.3184(16)(b), Florida Statutes. 18. Retention of Right to Final Hearing. Both parties hereby retain the right to have a final hearing in this proceeding in the event of a breach of this Agreement, and nothing in this Agreement shall be deemed a waiver of such right. Any party to this Agreement may move to have this matter set for hearing if it becomes apparent that any other party whose action is required by this Agreement is not proceeding in good faith to take that action. 19. Construction of Agreement. All parties to this Agreement are deemed to have participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the parties agree that such ambiguity shall be construed without regard to which of the parties drafted the provision in question. 8 CASE NO.: ***Unknown: Court -Status Case No» *** 20. Entire Agreement. This is the entire agreement between the parties and no verbal or written assurance or promise is effective or binding unless included in this document. 21. Governmental Discretion Unaffected. This Agreement is not intended to bind the Local Government in the exercise of governmental discretion which is exercisable in accordance with law only upon the giving of appropriate public notice and required public hearings. 22. Multiple Originals. This Agreement may be executed in any number of originals, all of which evidence one agreement, and only one of which need be produced for any purpose. 23. Captions. The captions inserted in this Agreement are for the purpose of convenience only and shall not be utilized to construe or interpret any provision of this Agreement. 9 CASE NO.: ***Unknown: Court -Status Case No» *** In witness whereof, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. DEPARTMENT OF COMMUNITY AFFAIRS By: Approved as to form and legality: Charles Gauthier, Director Assistant General Counsel Division of Community Planning Date Date CITY OF MIAMI By: Approved as to form and legality: Carlos Migoya, City Manager Julie O. Bru, City Attorney Date Attest: Priscilla H. Thompson, CMC, City clerk Date INTERVENOR Miami River Marine Group, Inc. By: President or Other Authorized Corporate Officer Date (Affix Corporate Seal) Attest: 10 CASE NO.: ***Unknown: Court -Status Case No» *** Corporate Secretary 11 Exhibit A Statement of Intent STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS • "Dedicated to making Florida a better place to call home" CHARLIE GRIST THOMAS G. PELHAM Governor Secretary January 6, 2009 The Honorable Manuel A. Diaz Mayor, City of Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Dear Mayor Diaz: The Department of Community Affairs (the Department) completed its review of the City of Miami 08-1 ER comprehensive plan amendments adopted on November 13, 2008 by Ordinance Number 13043. With the exception of the specific goals, objectives, and policies identified in Table 1 below, the Department determined that the amendments adopted by Ordinance Number 13043 meet the requirements of Chapter 163, Part I1, Florida Statutes, for compliance, as defined in Subsection 163.3184(1)(b), Florida Statutes. The Department is issuing a Statement of Intent and a Notice of Intent to find the specific goals, objectives, and policies listed in Table I below Not In Compliance, and the remaining amendments adopted by Ordinance Number 13043 In Compliance. The Notice of Intent has been sent to the Miami Herald for publication on January 7, 2009. Table 1 • Goal PA-3 ■ Objective PA-3.1, and Policies PA-3.1.1 to 3.1.9 ■ Objective PA-3.2, and Policy PA-3.2.1 ■ Objective PA-3.3, and Policy PA-3.3.1 ■ Objective PA-3.4, and Policies PA-3.4.1 to 3.4.4 • Policy LU-1.4.10 The City's amended goals, objectives, and policies in Table 1 (which were adopted by Ordinance Number 13043) fail to include strategies that will be used to preserve recreational and commercial working waterfronts as required by Section 163.3178(2)(g), Florida Statutes. Accordingly, the Department is issuing a Notice of Intent and a Statement of Intent to find the amended goals, objectives, and policies in Table 1 not In Compliance. With respect to the remaining amendments adopted by Ordinance Number 13043, the Department's Notice of Intent to find these plan amendments In Compliance shall be deemed to be a final order if no timely petition challenging the amendments is filed. Any affected person may file a petition 2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399-2100 850-488-8466 (p) • 850-921-0781 (f) ♦ Website: www dca.state.f;.us • COMMUNITY PLANNING 850.488.2356 (p) 850-488-3309 (I) r FLORIDA COMMUNITIES TRUST 850.922.22207 (p) 850.52T-1747M • • HOUSING AND COMMUNITY DEVELOPMENT 850-46e-7956 (p) 850.922.5623 CO The Honorable Manuel A. Diaz January 6, 2009 Page 2 with the agency within 21 days after the publication of the Notice of Intent pursuant to Section 163.3 [ 84(9), Florida Statutes. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. In addition, the Notice of Intent and the Statement of Intent will be forwarded to the Division of Administrative Hearing for the scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes. Please note that a copy of the adopted City of Miami 08-1 ER comprehensive plan amendments, the Statement of intent, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Miami City Hall, 3500 Pan American Drive, Miami, Florida 33133. In addition, Section 163.3184(8)(c)2, Florida Statutes, requires a local government that has an Internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's Notice of Intent. if an affected person challenges the In Compliance portion of the Notice of Intent, you will have the option of mediation pursuant to Subsection I63.3189(3)(a), Florida Statutes. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. Finally, the following comment regarding the requirement for the City to adopt a water supply plan is offered for clarification, and not as a compliance issue. Objection E.1 in the Department's Objections, Recommendations, and Comments Report noted that "'The amended goals, objectives, and policies do not require the City to adopt a 10-year water supply facilities work plan." The City adequately responded to Objection E.1. However, the City's proposed text provides for the Plan to be adopted by August 15, 2008, "and if not, as soon as possible before the end of the calendar year, 2008". The quoted text should be deleted for clarity at the City's next amendment cycle. Also, the City's data and analysis in Appendix II (see un-numbered page 7) seems to infer that the requirement to complete a water supply plan does not apply to the City. The requirement to adopt a water supply plan does apply to the City. If you have any questions, please contact Bill Fable, AICP, at (850) 922-1781 for assistance. Mike McDaniel, Chief Office of Comprehensive Planning MDM/bp Enclosures: ' Notice of Intent Statement of Intent cc: Ms. Ana Gelabert-Sanchez, Planning Director, City of Miami Ms. Carolyn A. Dekle, Executive Director, South Florida Regional Planning Council 1J STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN RE: CITY OF MIAMI COMPREHENSIVE PLAN AMENDMENT 08-1ER; ORDINANCE NUMBER 13043 AMENDING THE FUTURE LAND USE ELEMENT AND THE MIAMI RIVER SUB -ELEMENT Docket No. 08-1 ER-NOI-1315-(A)-(N) STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN AMENDMENTS NOT IN COMPLIANCE - The Florida Department of Community Affairs, pursuant to Rule 93-11.012(6), Florida Administrative Code, hereby issues this Statement of Intent regarding the specific Goals, Objectives, and Policies (GOPs) of the City of Miami 08-1ER amendments identified below. ■ Goat PA-3 ■ Objective PA-3.3, and Policy PA-3.3.1 ■ Objective PA-3.1, and Policies PA-3.1.1 to • Objective PA-3.4, and Policies PA-3.4.1 to 3.1.9 3.4.4 ■ Objective PA-3.2, and Policy PA-3.2.1 ■ Policy LU-1.4.10 The specific GOPs identified above were part of the Comprehensive Plan amendment adopted by the City of Miami in Ordinance Number 13043 on November 13; 2008, which is known as Miami 08-IER. The Department finds the above cited GOPs Not In Compliance, based upon the Objections, Recommendations, and Comments Report issued by the Department on July 18, 2008, which is hereby incorporated by reference, as defined in Section 163.3184(1)(b), Florida Statutes. The Department finds that these Comprehensive Plan amendments are Not In Compliance because: they are not consistent with Chapter 163, Part II, Florida Statutes, the State Comprehensive Plan, Rule 9J-5, Florida Administrative Code, and the Strategic Regional Policy Plan: far South Florida,for the following reasons: I. INCONSISTENT PROVISIONS The City's revised Goals, Objectives, and Policies fail to include strategies that will be used to preserve recreational and commercial working waterfronts as required by Section 163.3178(2)(g), F.S., for the. following reasons: A. Lack of meaningful and predictable standards undermines commercial working waterfront uses. The City's amended goals, objectives, and policies do not establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development regulations related to preserving the recreational and working waterfront of the Miami River. Without meaningful and predictable strategies establishing a comprehensive plan to guide and control development along the Miami River, the commercial working uses of the waterfront are vulnerable because of the potential for the creation of incompatible land use patterns and piecemeal displacement by residential uses. C0 B. Not based on data and analysis. The City's amended goals, objectives, and policies are not based on data and analysis in support of the required strategies that will be used to preserve commercial working waterfronts. The City provided a report from Lambert Advisory (i.e. the Lambert Report). The data and analysis focuses on market viability versus strategies, and some of the conclusions regarding market viability are questionable because they are based on faulty or incomplete data. Furthermore, the ORC Report noted that the data and analysis must include the information identified in the accompanying citations. However, the data and analysis does not fully respond to the requirements in the referenced Florida Statutes, Florida Administrative Code, and State Comprehensive Plan. C. Not consistent with EAR. The City's amended goals, objectives, and policies are inconsistent with the City's Evaluation and Appraisal Report (EAR). Page 2 of the City's EAR notes that one of the major issues is "the need for, and impacts of, equitable redevelopment and development". The EAR text places great importance on economic development, but the EAR based amendments related to the Port of Miami River Sub -Element are inconsistent with the noted major issue. The City provided the Lambert Report in response to this issue. However, the Lambert Report does not include data and analysis which explains how the continued loss of commercial working waterfront uses is consistent with the major issue identified in the EAR. The Lambert Report provides a market analysis of the viability of working versus non -working waterfront uses, but it does not adequately address the preservation of working waterfronts. Furthermore, while the Lambert Report advocates converting various working waterfront sites into non -working waterfront uses, it offers no analysis of how residential projects act as an ongoing stimulus to job creation and economic development. Therefore, the inconsistency between the Goals, Objectives, and Policies and the Evaluation and Appraisal Report is not resolved. D. Not internally consistent. The City's amended goals, objectives, and policies are inconsistent with the City's Comprehensive Plan. Goal CM-2 notes that the City commits to "...preserving traditional water -dependent and water -related uses...and minimizing user conflicts." The most recent amended version of Goal PA-3 reads as follows: "Development along the Miami River (hereinafter the River) shall continue to provide for water -dependent, water -related commercial, industrial, and recreational uses along the River and provide for residential and mixed use development, while acknowledging the presence of the waterfront industrial district along the River." The amended version of Goal PA-3 (and its associated Policies) does not preserve traditional water -dependent and water -related uses, and does not minimize user conflicts. E. Intergovernmental coordination. The City's amended goals, objectives, and policies do not show how the City will achieve consistent implementation of intergovernmental coordination among the governmental entities that have planning responsibilities related to the Miami River. Intergovernmental coordination will occur in a policy vacuum since there are no strategies to preserve commercial working waterfronts. Also, the goals, objectives, and policies fail to indicate how the coordination will be implemented in a consistent manner. 2 F. Compatibility. The City's amended goals, objectives, and policies do not ensure compatibility and suitability of uses along the Miami River. Compatibility and suitability should be addressed as part of the strategies to preserve recreational and commercial working waterfronts. However, the amendment provides no assurance that residential development would not occur along the River in a piecemeal manner and create incompatible land uses. The City has not adequately ensured compatibility and suitability of uses along the Miami River because action is generally deferred to the Land Development Regulations, and it focuses primarily on recreational waterfronts. II. RULE AND STATUTORY PROVISIONS The Department specifically finds these Comprehensive Plan amendments are inconsistent with the following rule and statutory provisions (citations are provided for each of the above five sections): Section LA: Rules 9J-5.005(2)(6), Florida Administrative Code, and Sections 163.3177(6)(a) and 163.3178(2)(g), Florida Statutes. Section LB: Rules 9J-5.005(2), 9J-5.012(2)(a)(h), Florida Administrative Code; and Sections 163.3177(1), 163.3177(6)(a), and I63.3178(2)(b)(g), Florida Statutes. Section LC: Rule 9J-5.012(2)(a), Florida Administrative Code; and Sections 163.3177(1)(6)(a), 163.3178(2)(g), 163.3191(10), Florida Statutes. Section I.D: Rule 9J-5.005(5), 9J-5.012(2)(a), Florida Administrative Code; and Sections 1.63.3177(1)(2)(6)(a), 163.3178(2)(g), 163,3187(2), Florida Statutes. Section LE: Rules 9J-5.012(3)(c)14, 9J-5.015(3)(c)6, Florida Administrative Code; and Sections 163.3177(4) and (6)(a)(h), 163.3178(2)(g), Florida Statutes. Section I.F: Rules 9J-5.003(23), 9J-5.003(128), 91-5.006(3)(c)1-2, 9J-5.012(3)(c)9, and 9J- 5.019(4)(c)21, Florida Administrative Code; and Sections 163.3177(6)(a) and 163.3178(2)(g), Florida Statutes. III. RECOMMENDED REMEDIAL ACTIONS A. The above inconsistencies identified in Section "I" may be remedied by taking the actions listed below. The recommended remedial 'actions aresummarized by the.six areas of compliance in Sections I.A through I.F above. 1. Section I.A. Adopt policies to ensure that the recreational and commercial working waterfronts are preserved, which could include the following: a. The establishment afa Waterfront Overlay on the Future Land Use Map (FLUM), which includes policies to guide the location of uses and assure the preservation of commercial working waterfront uses. 3 b. An assessment of the required number of acres of working and recreational waterfronts required to maintain their viability, and accompanying policies to ensure that land use amendments will not be considered that would encroach on that total. c. The adoption of a "no net loss" standard for commercial working waterfront uses along the Miami River. d. Identification of a limited number of specific sites that might be considered for conversion to non -working waterfront uses in the future, in order to preserve the remaining parcels for working waterfront uses. e. A City funded financial assistance program to assist displaced working waterfront uses to'relocate to other areas of the River if they are displaced by redevelopment. f. Creation of a marina public access requirement so that new private residential developments on riverfront marina sites rent a minimum percentage of their slips which are not leased to building residents on the open market. 2. Section I.B. Provide data and analysis in support of the strategies noted above in LA that will be used to preserve commercial working waterfronts. 3. Section I.C. The remedial actions listed in I.A and LB resolve this concern. 4. Section I.D. The remedial actions listed in LA and LB resolve this concern. 5. Section I.E. Adopt policies to indicate how the coordination will be implemented in a consistent manner. Such strategies might include joint planning area agreements and coordinated planning and economic development efforts to ensure the future growth and development of working waterfronts along the Miami River. 6. Section I.F. Adopt policies to ensure compatibility and suitability of uses along the Miami River, which could include the following: a. Specific setbacks for all uses within the waterfront overlay referenced above in III.A.I .a. b. A determination of which uses are not compatible to be located next to each other due to visual impacts, noise impacts, dust, or fumes (i.e;, diesel repair next to residential). c. Design criteria which would orient potential residential uses in a manner to minimize impacts through acoustic materials, site design, or other measures. d. Require that the hours of operation of contiguous waterfront uses be taken into consideration when considering potential FLUM amendments to convert sites to residential use, and that the hours and nature of the working waterfront operation be a basis for denial of the conversion of the contiguous site to residential use. e. An assessment of whether a FLUM amendment to convert a working waterfront site to a residential use can be served by necessary public infrastructure. IV. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN A. Inconsistent provisions. The inconsistent provisions of the plan amendment under this subject heading are listed below. The Comprehensive Plan amendment is inconsistent with the State Comprehensive Plan goals and policies set forth in Section 187.201, Florida Statutes, including the following provisions: 1. Transportation. The amendment is inconsistent with the Goal set forth in Paragraph 187.201(19)(a), Florida Statutes, and the Policy set forth in Subparagraphs 187.201(19)(b)5, Florida Statutes; and 2. The Economy. The amendment is inconsistent with the Goal set forth in Paragraph 187.201(21)(a), Florida Statutes, and the Policies set forth in Subparagraphs 187.201(21)(b) 1, 4, and 12, Florida Statutes; and • 3. Agriculture. The amendment is inconsistent with the Goal set forth in Paragraph 187.201(22)(a), Florida Statutes, and the Policy set forth in Subparagraph 187.20I (22)(b)12, Florida Statutes; and 4. EmpIoyment. The amendment is inconsistent with the Goal set forth in Paragraph 187.201(24)(a), Florida Statutes, and the Policy set forth in Subparagraph 187.201(24)(b)4, Florida Statutes; and 5. Plan Implementation. The amendment is inconsistent with the Goal set forth in Paragraph 187.201(25)(a), Florida Statutes, and the Policies set forth in Subparagraph 187.201(25)(b) 7, 8, Florida Statutes. B. Recommended remedial action. These inconsistencies may be remedied by revising the Comprehensive Plan amendment as described above in Section III. V. CONSISTENCY WITH SOUTH FLORIDA STRATEGIC REGIONAL POLICY PLAN A. Inconsistent provisions. The inconsistent provisions under this subject heading are as follows: 1. Goal 2, related to increasing employment opportunities and supporting the creation of jobs with better pay and benefits for the Region's workforce, of the Strategic Regional Policy Plan. 2. Goal 8, and Policy 8.3, related to enhancing the Region's mobility and to planning land use in and around seaports to minimize unnecessary conflicts and costs, of the Strategic Regional Policy Plan. 3. Goal 17, and Policies 17.7 and 17.10, related to maintaining a competitive economy, diversifying the economic base, and protecting marine related industries through innovative comprehensive planning and zoning regulations, of the Strategic Regional Policy Plan. 5 4. Goal 20, and Policies 20.10 and 20.11, related to achieving long-term efficient and sustainable development, enhancing the roles of seaports in economic development, and supporting the movement of freight and goods, of the Strategic Regional Policy Plan. B. Recommended remedial action. These inconsistencies may be remedied by revising the Comprehensive Plan amendment as described above in Section III. CONCLUSIONS I. The Comprehensive Plan amendments identified herein for the specific Goals, Objectives, and Policies are not consistent with the State Comprehensive Plan. 2. The Comprehensive Plan amendments identified herein for the specific Goals, Objectives, and Policies are not consistent with Chapter 9J-5, Florida Administrative Code. 3. The Comprehensive Plan amendments identified herein for the specific Goals, Objectives, and Policies are not consistent with the requirements of Chapter I63, Part II, Florida Statutes. 4. The Comprehensive Plan amendments identified herein for the specific Goals, Objectives, and Policies are not consistent with the South Florida Strategic Regional Policy Plan. 5. The Comprehensive Plan amendments identified herein for the specific Goals, Objectives, and Policies are not "in compliance," as defined in Section I63.3184(1)(b) Florida Statutes. 6. [n order to bring the Comprehensive Plan amendments for the specific Goals, Objectives, and Policies into compliance, the County may complete the recommended remedial actions described above or adopt other remedial actions that eliminate the inconsistencies. • Executed this day of January 2009, at Tallahassee, Florida. Mike McDaniel, Chief Office of Comprehensive Planning Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 6 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CITY OF MIAMI COMPREHENSIVE PLAN AMENDMENTS, GOAL PA-3, OBJECTIVE PA-3.1, AND POLICIES PA-3.1.1 THROUGH 3.1.9, OBJECTIVE PA-3.2 AND POLICY PA-3.2.1, OBJECTIVE PA-3.3 AND POLICY PA-3.3.1, OBJECTIVE PA-3.4 AND POLICIES PA-3.4.1 THROUGH 3.4.4 AND POLICY LU-1.4.10, ADOPTED BY ORDINANCE NO. 13043 ON NOVEMBER 13, 2008, NOT IN COMPLIANCE, AND THE REMAINING AMENDMENTS ADOPTED PURSUANT TO ORDINANCE 13043, IN COMPLIANCE DOCKET NO. 08-1ER-NOI-1315-(A)-(N) The Department gives notice of its intent to find the City of Miami Comprehensive Plan Amend- ments, Goal PA-3, Objective PA-3.1, and Policies PA-3.1.1 through 3.1.9, Objective PA-3.2 and Policy PA- 3.2.1, Objective PA-3.3 and Policy PA-3,3, I, Objective PA-3.4 and Policies PA-3.4.1 through 3.4.4 and Policy LU-1.4.10, adopted by Ordinance No. 13043 on November 13, 2008, NOT IN COMPLIANCE, and the remaining amendments adopted by Ordinance No.13043, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted City of Miami Comprehensive Plan Amendments, the Department's Objections, Recom- mendations, and Comments Report (if any), and the Department's Statement of Intent to find the Comprehen- sive Plan Amendments Not In Compliance will be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at City of Miami Planning Department, 444 S.W. 2" Avenue, 3"' Floor, Miami, Florida 33130. Any affected person, as defined in Section 163,3184, F.S., has a right to petition for an admin- istrative hearing to challenge the proposed agency determination that the above referenced amendments to the City of Miami Comprehensive Plan are In Compliance, as defined in Subsection 163.3184(I ), F.S. The petition must be filed within twenty-one (21) days after publication of this notice; a copy must be mailed or delivered to the local government and must include all of the information and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Comi entity Affairs, 2555 Shuman! Oak Boulevard, Tallahassee, Florida 32399-2100. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F.S. Ha petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. if no petition is filed, this Notice of Intent shall become final agency action. This Notice of Intent and the Statement of Intent for those amendments found Not In Compliance will be forwarded by petition to the Division of Administrative Hearings (DOAH) of the Department of Management Services for the scheduling of an Administrative Hearing pursuant to Sections 120.569 and 120.57, F.S. The purpose of the administrative hearing will be to present evidence and testimony on the noncompliance issues alleged by the Department in its Objections, Recommendations, and Comments Re- port and Strut of intent in outer to secure a recommended order for forwarding to the Administration Commission. Affected persons may petition to intervene in either proceeding referenced above. A petition for interventionnurst be filed at least twenty (20) days before the final hearing and must include all of the infor- mation and its described in Uniform Rule 28-106.205, F.A.C. Pursuant to Section 163.3184(10), F.S., no new issues may be alleged as a reason to find a plan amendment not in compliance in a petition to inter- vene filed more than twenty one (21) days after publication of this notice unless the petitioner establishes good cause for not alleging such new issues within the twenty one (21) day time period. The petition for intervention shall be filed at DOAH, 1230 Apalecbee Parkway, Tallahassee, Florida 32399-3060, and a copy mailed or delivered to the local government and the Department. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing pursuant to Sections 120.569 and 120.57, F.S., or to participate in the administrative hearing. After an administrative hearing petition is timely filed, mediation is available pursuant to Subsection 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. Charles Gauthier, AICP, Director Division of Community Planning Department of Community Affairs 2555 Shuntard Oak Boulevard Tallahassee, Florida 32399-2100 Exhibit B Remedial Actions ATTACHMENT Revisions based on June 21, 2010 DCA Conference Call Stricken text represents deleted text; underlined text represents additional new text. FUTURE LAND USE * Policy LU-1.3.3: Pursuant to Ch.163.3177(6)(a),F.S., the City shall maintain regulatory incentives and criteria that encourage the preservation of recreational and commercial Working Waterfronts as defined in Ch.342.07,F.S.., particularly in the "Port of Miami River" Subelement to guide future development within the Miami River Corridor. Policy LU-1.3.7.: The City will continue to use the City's Enterprise Zone, Increment Financing District, Empowerment Zone, Commercial Business Corridors, and Brownfield Redevelopment Area strategies to stimulate economic revitalization, and encourage employment opportunities. (Policy PA-3.3.10.). Policy LU- 1.3.8.: The City will foster or develop and implement job training vocational, and educational programs to assist the City's existing and future residents, water dependent and water related businesses and uses along the Miami River, in achieving economic self-sufficiency utilizing government resources as necessary, and will continue to work with appropriate State and County agencies to direct training programs and other technical assistance, to support minority and semi -skilled residents of the city including, without limitation, their involvement in recreational and commercial workinq waterfronts along the Miami River as defined by s 342.07 Fla. Stat.. (Policy PA-3.3.11). Policy LU-1.4.10: The City will continue to develop modifications to existing regulations with the intent of providing greater flexibility in the design and implementation of mixed -use developments within the general Downtown area and particularly along the Miami River up to and including 5th Street consistent with the Port of Miami River Sub -Element. Miami Comprehensive Neighborhood Plan Selective Goal Objective Policy Updates June 2010 1 Interpretation of the 2020 Future Land Use Map Restricted Commercial: The FLUM designations of parcels 2215 NW 11th Street, 1818/1881 NW North River Drive, and 1583 NW 21Th, Avenue are in litigation as of the date of the adoption of this Ordinance, in Case No. 2D06 2109, 3D06 1799 and 3D06 2718, respectively. Should the ruling in the case require the redesignation of any or all of the parcels, the City shall amend the designations to be in compliance with the ruling. TRANSPORTATION * Objective TR-1.9: The City shall seek to achieve consistency and coordination between with the Port of Miami, Port of Miami River and the Miami International Airport plans and the Miami Comprehensive Neighborhood Plan. Policy TR-1.9.1: The City, through its Intergovernmental Coordination Policies, will annually coordinate with the Port of Miami, Port of Miami River and Miami International Airport to ensure consistency between the Miami Comprehensive Neighborhood Plan and the port and airport master plans, and to improve access to and compatibility with port and airport facilities. PORTS, AVIATION AND RELATED FACILITIES * Dort of Miami Rivor 4 Miami River T f r industrial base Development along the Miami River (hereinafter the iveerr) shaarll continue to rnuuscrr►rr-�va�c.-v��cra�n-rcnc-arvrr�crr�—�mamrr�rc�lTrcr�-n-rarcc� crr�—��rr Tho "Port of Miami Rivor" is simply a logal namo usod to idontify somo 11 indopondont, privatoly ownod small shipping companios locatod along tho Miami Rivor, and is not a "Port Facility" within tho usual moaning of tho torm. Tho idontification of thoso shipping concorns as tho "Port of Miamt River" was made in 1986 for the sole purpose of satisfying a U.S. Coast Guard regulation governing bilge pump outs. Miami Comprehensive Neighborhood Plan Selective Goal Objective Policy Updates June 2010 2 provide for water -dependent, water -related commercial, industrial, and recreational uses along thc Rivcr and providc for rcsidcntial and mixcd use dcvclopmcnt, whilc Objective PA-3.1: The City of Miami, through its Land dDevelopment rReg-u-l-ations, shall help protect the Port of Miami Rivcr from encroachment by non water -dependent or water related land uscs, and shall regulate its cxpansion and redevelopment in and policies.promote the co -existence of water -dependent and water -related River. Policy PA-3.1.1: The City shall.throu•h its Land Develo.ment Regulations re•uire that any residential development with a density greater than duplex residential or any mixed use development include a water dependent or water related component or other amenities that promote enjoyment of the River unless prohibititcd by thc Miami Dade Department of Environmental Resource Management (DERM). Policy PA-3.1.2: The City shall, through its (Land dDevelopment rRegu-lati-ens, cncouragc thc dcvclopmcnt and expansion of thc Port of Miami River consistent with the coastal management and conservation elements of the City's Comprehensive Plan (See Coastal Management Objective CM 1.1). Policy PA-3.1.3: The City shall, through its (Land dDevelopment rRegu-lati-ens, cncouragc dcvclopmcnt of compatible land uses in thc vicinity of the Port of Miami River so as to mitigate potential adverse impacts arising from the Port of Miami River upon adjacent natural resources and land uses. promote the co -existence of water dependent and water related commercial, industrial, and recreational uses with .esidential and mixed use development. Policy PA 3.1.4: The City shall, through its Land Development Regulations, set maximum minimum setbacks for industrial properties along the River in order to protect them from encroachment from non indistrial uscs and require appropriate setbacks for abutting or adjacent non industrial properties. Policy PA 3.1.5: The City shall, through its Land Development Regulations, providc an intensity bonus for developments that provide water dependent or water related uses that are open to the public and provide public accesc to the River. Policy PA 3.1.6: The City shall, through its Land Development Regulations, provide an intensity bonus for developments along the River that provide wet slips available to the general public. Policy PA-3.1.7: There shall be no net loss of recreational wet slips within new developments along the River, unless replacement wet slips are prohibited by DERM. Miami Comprehensive Neighborhood Plan Selective Goal Objective Policy Updates June 2010 3 Policy PA 3.1.8: The City shall require from new residential development located along the River a recorded covenant acknowledqinq and accepting the presence of cxistinq marinc industrial uscs whcrc thc uses are abutting or adjacent to the new residential development. Policy PA-3.1.9: The City shall work with the Manatee Protection Plan Committee on issues relating to wet and dry marine slips. Objcctivc PA-3.2: The City of Miami shall coordinatc the surface transportation access to the Port of Miami River with the traffic and mass transit system shown on the traffic circulation map series. Policy PA-3.2.1: The City of Miami shall, through the Transportation Elcmcnt of thc Comprehensive Plan, coordinate intermodal surface and water transportation access serving the Port of Miami River. Objcctivc PA-3.3: The City of Miami shall coordinatc its Port of Miami River planning activities with those of dccp water ports facilities' providers and regulators including the U.S. Corps of Engineers, U.S. Coast Guard, The Miami River Commission, and Policy PA 3.3.1: The City of Miami, through its Intergovernmental Coordination Policies, shall support and coordinate with other governmental agencies having jurisdiction over the Miami River to support and enhance the Miami River's economic importance and viability. The functions of the Port of Miami River consistent with the future goals and objectives of the Comprehensive Plan, particularly with respect to thc unique characteristics of the Port of Miami River's location and its economic position these characteristics and needs with the maritime industry that complements, and often competes with, the Port of Miami River. Objective PA-3.4: The City of Miami shall implement strategies to promote the Statute 342.07, along the River. Policy PA-3.4.1: The City of Miami shall provide technical assistantce to water dependent, water related, commercial, industrial, and recreational businesses along the River in their pursuit of grants and other economic incentives. Policy PA-3.4.2: In its commitment to support the water dependent, water related, commercial, industrial and recreational working waterfronts, the City of Miami shall continue its support of the dredqinq of the River. Policy PA-3.4.3: The City of Miami shall facilitate municipal permitting for water dependent, water related, commercial, industrial and recreational workinq waterfrons along the River. Miami Comprehensive Neighborhood Plan Selective Goal Objective Policy Updates June 2010 4 Policy PA 3.4.4: The City of Miami shall continue to coorperate and coordinate planning for water dependent, water related, commercial, industrial and recreational working waterfronts with the Miami River Commission, Miami Dade County and South Florida Regional Planning Council. Port of Miami River2 Sub -Element Goal PA-3: The Port of Miami River shall be encouraged to continue operation as a valued and economically viable component of the City's maritime industrial base. Objective PA-3.1: (PLANNING AND ZONING). The City shall protect the Port of Miami River from encroachment by non water -dependent or non water -related land uses, and shall regulate the Port of Miami River's expansion and redevelopment in coordination with applicable future land use and coastal management goals, objectives, policies (See Policy LU-1.3.3 and Goal CM-3). Policy PA-3.1.1: The City shall maintain a Working Waterfront Table of Properties to guide future development within the Miami River Corridor. The Table shall clearly depict the location and description of all properties of recreational and commercial working waterfront uses on the River, as defined in Ch. 342.07 F.S. (hereinafter referenced as the "Working Waterfront"). The Table shall classify working waterfront properties into Categories "A" and "B". The Table shall be incorporated as supporting data and analysis within Appendix PA-1. Policy PA-3.1.2 Category A: The City may adopt a comprehensive plan future land use map (FLUM) amendment for properties designated "Industrial" on the FLUM, along the Miami River only if the proposed amendment complies with this sub -element. The future land use designation for any of the properties identified "Industrial" therein may be amended only through the large-scale comprehensive plan amendment process. Applications for such amendments shall demonstrate that either of the following conditions exists: 1. The Development — redevelopment as industrial is not economically feasible based on a market and site analysis using a professionally acceptable methodology that has been peer reviewed; or 2. The Proposal includes an equivalent transfer or expansion of industrially designated property offsite to another location on the Miami River within the City of Miami. 2 The "Port of Miami River" is a shallow draft riverine port consisting of independent, privately -owned small shipping companies, fisheries, vessel repair facilities marinas and other Recreational and Commercial Working Waterfront uses, as defined in Ch. 342.07. F.S., located along the banks of the Miami River and its tributaries and canals where Working Waterfront uses are located. The Port of Miami River is not a deepwater port as defined in Ch. 403.021(9), F.S. The Port of Miami River extends from the salinity dam in unincorporated Miami -Dade County to Biscayne Bay in the City of Miami. as identified in Appendix PA-1. Miami Comprehensive Neighborhood Plan 5 Selective Goal Objective Policy Updates June 2010 Policy PA-3.1.3 Category B: All Category "B" properties shall maintain a working waterfront use. Additionally, the City shall require that any residential development with a density greater than duplex residential or any mixed use development include Working Waterfront use component per Ch. 342.07, F.S. or other amenities that is accessible to the public which promotes the enjoyment of the Miami River unless prohibited by the Miami -Dade Department of Environmental Resource Management (DERM). Policy PA-3.1.4: The City shall encourage the establishment and maintenance of Workinq Waterfront uses along the banks of the Miami River, and to discourage encroachment by incompatible uses. Policy PA-3.1.5: The City shall encourage the development and expansion of the Port of Miami River Working Waterfront consistent with the future land use, coastal management and conservation elements of the City's comprehensive plan. Policy PA-3.1.6: The City shall encourage only those developments, rezoning, and land use amendments in the vicinity of the Working Waterfront lands designated "Industrial" on the adopted future land use map that are compatible and suitable with the existing "Industrial" use of property. Policy PA-3.1.7: The City shall, through its land development regulations, adopt and enforce appropriate setbacks and buffering requirements for Non -Working Waterfront properties along the Miami River in order to protect the existing Working Waterfront use from encroachment of incompatible and unsuitable uses. Policy PA-3.1.8: There shall be no net loss of recreational wet -slips along the Miami River. Policy PA-3.1.9: The City shall require from new residential development and redevelopment located along the Miami River a recorded covenant acknowledging and accepting the presence of the existing Working Waterfront 24-hour operations as permitted. Policy PA-3.1.10: In its commitment to support the Port of Miami River, the City of Miami shall continue its support of the dredging of the River. Policy PA-3.1.11: The City of Miami shall facilitate and expedite municipal permitting for water -dependent, water -related, commercial, industrial and recreational working waterfronts along the Miami River by expediting the application process for such uses. Objective PA-3.2: (TRANSPORTATION). The City shall encourage with appropriate agencies the coordination of surface transportation access to the Port of Miami River Working Waterfront with the traffic and mass transit system shown on the traffic circulation map series. Miami Comprehensive Neighborhood Plan Selective Goal Objective Policy Updates June 2010 6 Policy PA-3.2.1: The City shall through the Transportation Element of the comprehensive plan, encourage the coordination of the intermodal surface and water transportation access service to the Port of Miami River Working Waterfront (See Objective TR-1.9, Policy TR-1.9.1). Objective PA-3.3: (ECONOMIC DEVELOPMENT & COORDINATION). The City shall coordinate its Port of Miami River Working Waterfront planning activities with the multiple regulators and stakeholders who have an interest in the Miami River. Policy PA-3.3.1: Give the Miami River's multi jurisdictional and regulatory nature, the City shall coordinate with: 1. The United States Army Corp of Engineers regarding the dredqinq, navigation, and commerce on the Miami River; and 2. The United States Coast Guard regarding security and safety on the Miami river; and 3. The Miami -Dade County Planning Department to evaluate the interdependence and effectiveness of the County's Port of Miami River sub -element in its comprehensive plan with that of that of the City's; and 4. The Miami -Dade County's Department of Environmental Resource Management and the Manatee Protection Plan Committee regarding the protection of manatees and establishment of new wet and dry marine slips on or near the Miami River; and 5. The Miami -Dade County Property Appraiser to ensure that all Port of Miami River Working Waterfront properties are assessed by the "current use" pursuant to Section 4, Article VII of the Florida constitution and S.193.704, Fla. Stat. Policy PA-3.3.2: The City shall remain an active member of the Miami River Commission, as established by Ch.163.06, F.S. and shall continue to request and consider from the Miami River Commission written recommendations related to policy, planning, development and other River issues within the scope established by the Florida Legislature. Policy PA-3.3.3: Within 18 months of adoption of this policy, the City shall consider approving a joint planning agreement with the Miami River Commission and Miami - Dade County to revise and adopt the "Miami River Corridor Urban Infill Plan" as the strategic plan for the Miami River. Policy PA-3.3.4: Within three years of the adoption of this policy, the City along with Miami River stakeholders, property owners and businesses shall consider submitting an application to the Florida Department of Community Affairs, Waterfronts Florida Partnership Program, for assistance in protecting and promoting the Miami River traditional Working Waterfront. Miami Comprehensive Neighborhood Plan Selective Goal Objective Policy Updates June 2010 7 Policy PA-3.3.5: The City shall coordinate with Miami River stakeholders, property owners and businesses to prepare reasonable Working Waterfront code compliance and enforcement policies to eliminate unsafe, abandoned, and blighted conditions along the river banks. Policy PA-3.3.6: The City of Miami shall provide technical assistance to Working Waterfront businesses along the Miami River. Policy PA-3.3.7: The City shall work to improve the economic vitality of the Miami River in cooperation with other concerned public and governmental agencies and organizations. (See Miami -Dade County's Comprehensive Development Master Plan, Port of Miami River Sub -element Policy PMR-1C) Policy PA-3.3.8: The City will work with property owners along the Miami River to secure Enterprise Zone tax incentives to businesses for creation of jobs and revitalization. Such incentives consist of the following and are based on availability: Enterprise Zone Incentives 1. Jobs Tax Credit 2. Business Equipment Sales Tax Refund 3. Building Materials Sales Tax Refund 4. Property Tax Credit 5. Community Contribution Tax Credit Program Policy PA-3.3.9: The City will continue to use Brownfield redevelopment Area strategies to stimulate economic revitalization to Working Waterfronts. Such incentives consist of the following and are based on availability: a. Financial Incentives i. 35% Voluntary Cleanup Tax Credits ii. $2500 Brownfields Bonus Refund iii. Low -interest loans iv. Sales Tax Credit on Building Materials v. Up to 5 years of State Loan Guarantees of Loan Loss Reserves vi. Site -Specific Activities Grant, and vii. National Brownfields Assessment, Revolving Loan Fund, Cleanup Grants, and HUD Brownfield Economic Development Loans b. Regulatory Benefits i. Risk Based Corrective Action ii. Cleanup Liability Protection iii. Review of Voluntary Cleanup Projects at FDEP Conducted Separately From Enforcement Mandated Cleanups by Responsible Parties iv. Expedited Review and Response to Technical Reports and Correspondence v. CERCLA Site Clearance Issued by EPA, and vi. Lender Liability Protection to the extend allowed by applicable laws Miami Comprehensive Neighborhood Plan Selective Goal Objective Policy Updates June 2010 8 Policy PA-3.3.10: The City will continue to use the City's Enterprise Zone, Empowerment Zone, Commercial Business Corridors, and Brownfield Redevelopment Area strategies to stimulate economic revitalization, and encourage employment opportunities within the Port of Miami River. (Policy LU-1.3.7.). Policy PA-3.3.11: The City will foster or develop and implement job training, vocational, and educational programs to assist the City's existing and future residents, and water dependent and water related businesses along the Miami River, in achieving economic self-sufficiency, and will continue to work with appropriate State and County agencies to direct training programs and other technical assistance to support minority and semi -skilled residents of the City including, without limitation, their involvement in recreational and commercial working waterfronts along the Miami River as defined by Ch.342.07, F.S. (Policy LU-1.3.8.) Policy PA-3.3.12: The City, through its Intergovernmental Coordination Policies, shall support and coordinate with other governmental agencies having jurisdiction over the River to support and enhance the Miami River's economic importance and viability. The functions of the Miami River shall be consistent with the future goals and objectives of the City's Comprehensive Plan, particularly with respect to the unique characteristics of the Miami River's location and its economic position and functioning within the local maritime industry. Objective PA-3.4: (MONITORING & EFFECTIVENESS). The City shall monitor track the effectiveness of its goals, objectives, and policies designated to preserve and promote the Port of Miami River as a valued and economically viable component of the City's maritime industrial base. Policy PA-3.4.1: City staff shall prepare, or cause to be prepared, an annual report on the status of the Planning and Zoning, Economic Development and Coordination, and Transportation Objectives and Policies contained in this Sub -element, which shall be presented to the City Commission at a dully noticed public hearing. Policy PA-3.4.2: City staff shall prepare, or cause to be prepared, an annual report on the loss or qain of recreational and commercial Working Waterfront lands and uses, which shall be presented to the City Commission at a dully noticed public hearing. Coastal Management Miami Comprehensive Neighborhood Plan Selective Goal Objective Policy Updates June 2010 9 Goal CM-2: Improve public awareness, appreciation, and use of Miami's coastal resources by preserving traditional -water -dependent and water -related uses, ensuring adequate public access to such uses, and minimizing user conflicts. Objective CM-2.1: Wherever feasible, increase physical and visual public access to Biscayne Bay, the Miami River, the City's shoreline and publicly -owned islands. Policy CM-2.1.1: Where appropriate and in the interest of public safety and promotion of outdoor recreation opportunities on environmentally sensitive areas, future land development regulations will require non -water dependent or related development or redevelopment to maintain public access to the coastal and Miami River shorelines. (See Parks, Recreation and Open Space Policy PR- 3.2.4) Policy CM-2.1.2: Where appropriate, City owned waterfront property, including the Miami River shorelines, wffishall provide for public open spaces that allow esimilar access to the shoreline, and the City will work with Miami -Dade County to provide similar access to County owned public open spaces that provide access to the shoreline where appropriate. (See Parks, Recreation and Open Space Policy PR 1.1.12. } Policy CM-2.1.3: Amend the Downtown Waterfront Master Plan to reflect changing conditions and needs and continue to implement projects in accordance with the Downtown Waterfront Master Plan or other adopted plans that impact the downtown waterfront as appropriate (See Parks, Recreation and Open Space Policy PR 1.5.2.). Policy CM-2.1.43: The City will continue development of the river- walk and bay- walk along City owned property as funds become available and will continue to require development of the baywalk and riverwalk along private property through its land development regulations, where appropriate. Whenever feasible the City will encourage the riverwalk to interact with recreational and working waterfronts along the Miami River. Policy CM-2.1.64: The City shall continue to implement design guidelines along the baywalk and riverwalk in accordance with the Miami River Greenway Action Plan and other adopted plans as appropriate. Policy CM-2.1.65: [Reserved] Policy CM-2.1.;6: The City will incorporate provisions for public physical and/or visual access to the shoreline in its waterfront zoning regulations (See Parks, Recreation and Open Space Policy PR- 3.2.3.) Policy CM-2.1. °: As specified in the City of Miami Charter and related laws, and more specifically the Waterfront Charter Amendment and Ordinance 11000 (Zoning Ordinance for the City of Miami all new development and redevelopment along the downtown waterfront is required to provide a waterfront setback, and those Miami Comprehensive Neighborhood Plan 10 Selective Goal Objective Policy Updates June 2010 developments within Special Districts (SDs) that require publicly accessible shoreline walkways, will design them in conformance with the "Baywalk/Riverwalk Design Standards." (See Parks, Recreation and Open Space Policy PR- 3.2.11.) Policy CM-2.1. : The City will continue to work toward increased physical public access to Virginia Key and Watson Island by pursuing appropriate development and redevelopment as directed by the Virginia Key and Watson Island master plans. Policy CM-2.1. : The City will ensure that development regulations are not altered so as to prohibit water dependent facilities or uses such as swimming, boating, and fishing and will encourage and support such facilities and uses. Goal CM-3: Pursuant to Ch. 163.3178(2)(q), F.S., The City shall maintain strategies that will be used to preserve and adequate supply of land for recreational and commercial Workinq Waterfront uses defined in Ch. 342.07, F.S.3 Objective CM-3.1: The City shall strive to allow no net loss of acreage devoted to recreational and commercial Working Waterfront uses in the coastal area of the City of Miami. Policy CM-3.1.1: The comprehensive plan and land development regulations will encourage water -dependent uses along the shoreline, and strategies that will be used to preserve recreational and commercial Working Waterfronts as defined in Ch. 342.07, F.S., particularly on the Miami River. (See Goal PA-3 and Policy LU-1.3.3). s Additional strategies to preserve and encourage recreational and commercial Working Waterfront uses are contained in the Ports, Aviation, and Related Facilities element, "Port of Miami River" Sub -element. Miami Comprehensive Neighborhood Plan 11 Selective Goal Objective Policy Updates June 2010 1 APPENDIX PA-1 The following Working Waterfront Table of Properties and the attached map identify properties of recreational and commercial working waterfront uses along the Port of Miami River and are subject to criteria listed in Port of Miami River Sub -Element Policy PA-3.1.1. This space was intentionally left blank. Miami Comprehensive Neighborhood Plan Goals Objectives Policies June 2010 1 Workinq Waterfront Table of Properties No. Address Folio FLUM Designation Category 1 236 SW North River Dr 0101140002010 Industrial A 2 555 NW South River Dr 0102000101071 Industrial A 3 325 NW South River Dr 0102000102030 Industrial A 4 510 NW 1 St 0102010001020 Industrial A 5 169 NW South River Dr 0102000401190 Industrial A 6 RESERVED RESERVED RESERVED RESERVED 7 RESERVED RESERVED RESERVED RESERVED 8 2190 NW North River Dr 0131340241140 Industrial A 9 1201 NW 22 AV 0131340510570 Industrial A 10 2115 NW 12 St 0131340510610 Industrial A 11 2277 NW 14 St 0131340730010 Industrial A 12 2199 NW South River Dr 0131340950010 Industrial A 13 1270 NW 11 St 0131350210180 Industrial A 14 1201 NW South River Dr 0131350220110 Industrial A 15 1261 NW 8 Ter 0131350230100 Industrial A 16 RESERVED RESERVED RESERVED RESERVED 17 1175 NW South River Dr 0131350310010 Industrial A 18 298 SW North River Dr 0141370310010 Industrial A 19 300 SW North River Dr 0141370310020 Industrial A 20 431 NW South River Dr 0141380030130 Industrial A 21 437 NW South River Dr 0141380030150 Industrial A 22 377 NW South River Dr 0141380441020 Industrial A 23 151 NW South River Dr 0141380270020 Industrial A 24 405 NW South River Dr 0102000101010 Industrial A 25 801 NW 4 St 0102000101020 Industrial A 26 311 NW South River Dr 0102000102040 Industrial A 27 301 NW South River Dr 0102000105010 Industrial A 28 129 NW South River Dr 0102000501130 Industrial A 29 961 NW 7 St 0131350310020 Industrial A 30 971 NW 7 St 0131350000020 Industrial A 31 2100 NW North River Dr 0131340241160 Industrial A 32 2100 NW North River Dr 0131340241161 Industrial A 33 2000 NW North River Dr 0131340241170 Industrial A 34 2490 NW 18 Ter 0131340290010 Industrial A 35 2525 NW 18 Ter 0131340310110 Industrial A 36 2181 NW 12 St 0131340510580 Industrial A 37 2161 NW 12 St 0131340510590 Industrial A 38 2151 NW 12 St 0131340510600 Industrial A 49 501 NW South River Dr 0141380030160 Industrial A 40 131 NW South River Dr 0141380270010 Industrial A 41 401 SW 3 Ave 0141380490030 Industrial A 42 242 SW 5 St 0102030801010 Industrial A 43 19 NW South River Dr 0102010001230 Industrial A 44 2154 NW North River Dr 0131340241150 Industrial A 45 2660 NW 18 Ter 0131340310010 Industrial A 46 2600 NW 18 Ter 0131340310020 Industrial A 47 2570 NW 18 Ter 0131340310030 Industrial A 48 2540 NW 18 Ter 0131340310060 Industrial A Miami Comprehensive Neighborhood Plan Goals Objectives Policies June 2010 1 49 2530 NW 18 Ter 0131340310070 Industrial A 50 2551 NW 18 Ter 0131340310160 Industrial A 51 2601 NW 18 Ter 0131340310170 Industrial A 52 1350 NW 18 Ave 0131340420090 Industrial A 53 1881 NW 27 Ave 0131340310180 Industrial A 54 2670 NW 18 Ter 0131340310210 Industrial A 55 19 SW North River Dr 0101130803130 Industrial A 56 121 SW North River Dr 0101130901141 Industrial A 57 114 SW North River Dr 0101130901160 Industrial A 58 300 SW 2 St 0101130901280 Industrial A 59 200 SW North River Dr 0101140001090 Industrial A 60 737 NW 4 St 0102000103010 Industrial A 61 745 NW 4 St 0102000103020 Industrial A 62 101 NW South River Dr 0102000104010 Industrial A 63 125 NW South River Dr 0102000501120 Industrial A 64 1995 NW 11 St 0131340420040 Industrial A 65 1320 NW 18 Av 0131340420120 Industrial A 66 1142 NW 21 Av 0131340490090 Industrial A 67 2051 NW 11 St 0131341010010 Industrial A 68 2750 NW 20th St 0131330070040 Light Industrial B 69 1960 NW 27 Ave 0131330070030 Liqht Industrial B 70 1970 NW 27 Ave 0131330070020 Light Industrial B 71 1990 NW 27 Ave 0131330070010 Light Industrial B 72 1583 NW 24 Ave 0131340680010 Industrial A 73 1583 NW 24 Ave 0131340590020 Industrial A 74 1583 NW 24 Ave 0131340590010 Industrial A 75 2215 NW 14th St 0131340000160 Industrial A 76 1645 NW 22nd Ave 0131340241190 Industrial A 77 1635 NW 22nd Ave 0131340241200 Industrial A 78 1625 NW 22nd Ave 0131340241210 Industrial A 79 1615 NW 22nd Ave 0131340241220 Industrial A 80 1605 NW 22nd Ave 0131340241230 Industrial A 81 1585 NW 22nd Ave 0131340241240 Industrial A 82 1575 NW 22nd Ave 0131340241250 Industrial A 83 1565 NW 22nd Ave 0131340241260 Industrial A 84 1545 NW 22nd Ave 0131340241270 Industrial A 85 1525 NW 22nd Ave 0131340241280 Industrial A 86 1515 NW 22nd Ave 0131340241290 Industrial A 87 1505 NW 22nd Ave 0131340241300 Industrial A 88 RESERVED RESERVED RESERVED RESERVED 89 1884 NW North River Dr 0131340241180 Industrial A 90 1884 NW North River Dr 0131340170140 Industrial A 91 1818 NW North River Dr 0131340170120 Industrial A 92 663 NW South River Dr 0141380040080 Restricted Commercial B 93 661 NW South River Dr 0141380040090 Restricted Commercial B 94 555 NW South River Dr 0141380030180 Restricted Commercial B 95 603 NW South River Dr 0141380040010 Restricted Commercial B 96 517 NW South River Dr 0141380030170 Restricted Commercial B 97 448 NW North River Dr 0101070101250 Light Industrial B 98 442 NW North River Dr 0101070101240 Light Industrial B 99 440 NW North River Dr 0101070101230 Light Industrial B 100 450 NW North River Dr 0101070101221 Light Industrial B 101 422 NW North River Dr 0101070101220 Light Industrial B Miami Comprehensive Neighborhood Plan Goals Objectives Policies June 2010 102 412 NW North River Dr 0101070101210 Light Industrial B 103 404 NW North River Dr 0101070101200 Liqht Industrial B 104 400 NW North River Dr 0101070101190 Light Industrial B 105 398 NW North River Dr 0101070101180 Liqht Industrial B 106 343 NW South River Dr 0102000401020 Industrial A 107 201 NW South River Dr 0102000401180 Industrial A 108 250 NW North River Dr 0101090302020 Malor Inst. Public Facilities B 109 RESERVED RESERVED RESERVED RESERVED 110 90 NW North River Dr 0101100901110 Restricted Commercial B 111 28 NW North River Dr 0101110201090 Restricted Commercial B 112 40 SW South River Dr 0102010101111 Restricted Commercial B 113 1 SW South River Dr 0102010101075 Restricted Commercial B 114 5 SW South River Dr 0102010101070 Restricted Commercial B 115 27 SW South River Dr 0102010101020 Restricted Commercial B 116 401 SW 1st St 0102010101120 Restricted Commercial B 117 40 SW North River Dr 0141370360080 Restricted Commercial B 118 109 SW South River Dr 0102010801040 Restricted Commercial B 119 129 SW South River Dr 0102010801010 Restricted Commercial B 120 135 SW South River Dr 0102000106010 Restricted Commercial B 121 510 NW 7th Ave 0131350271420 Light Industrial B 122 528 NW 7th Ave 0131350271410 Light Industrial B 123 600 NW 7th Ave 0131350271400 Light Indurstrial B 124 700 NW 7th Ave 0131350271160 Light Industrial B 125 710 NW 7th Ave 0131350271140 Light Industrial B 126 722 NW 7th Ave 0131350271130 Liqht Industrial B 127 732 NW 7th Ave 0131350271120 Light Industrial B 128 800 NW 7th Ave 0131350271110 Light Industrial B 129 808 NW 8th St Rd 0131350271100 Light Industrial B 130 810 NW 8th St Rd 0131350271090 Medium Density Multifamily B Residential 131 812 NW 8th St Rd 0131350271080 Medium Density Multifamily B Residential 132 830 NW 8th St Rd 0131350271070 Medium Density Multifamily B Residential 133 852 NW 8th St Rd 0131350271060 Medium Density Multifamily B Residential 134 900 NW 8th St 0131350271051 Medium Density Multifamily B Residential 135 908 NW 8th St Rd 0131350271050 Medium Density Multifamily B Residential Miami Comprehensive Neighborhood Plan Goals Objectives Policies June 2010 10 12 13 le NIcIrms 555.6011111RIVER DR ONWIST RESERVED RESERVED RESERVED 1175INS01101 RI. OR 3.3W1IORIIIRIVER DR 437.80.11RIVER OR 377.901MIRIVER DR 161 NW SOMIRIVER OR MI NW 467 311.804.101R1VER OR Folio 1011.02010 102000101071 102000020. 1020100010. 1.03101130 RESDIVED RESERVED 131310241140 1313.10570 1313.10610 1313.30010 131310960010 131350210180 131350220110 13133023.00 RESERVED 131330310010 14137.0010 141370310020 1410.41020 141330270020 102000101010 102000102040 IncludrIal Monk RESERVED 1.844141 Induelnal Indusinal RESERWO Mont 10..01 Induslrlel c-v RESERVED RESERVED 48 48 48 50 53 55 58 58 60 61 63 65 65 68 71 73 2570 NW 18 TER 26. NW 18 TER 2551 NW 18 TER 2601 NW 15 TER 2670 NW 18 TER le SW NORTH RIVER DR 121 SW NORTH RIVER OR R 114 SW MORI, RIVER OR 200 SW NORTH RIVER DR 125 Sall -HMV. DR 1320 NW 18 AV 1860 NW VA. 1930 NW 27 Ave 131340310020 131340310030 131340310080 131340310070 131340310160 1313403101. 131340420000 1313.310180 131340310210 101130003130 1011.01141 101130901160 101130901280 101140001090 102000103010 102000103020 102000104010 1020005011. 1313.420040 131340420. 131340400090 131.1010010 1.330070040 1.330070030 131330070010 1313408130010 131940580020 11- HIIIIHI� Induelral Mustrlal IndustrIal Inclusidal Industrial industrIal Industrial Industrial Induserl 160041001 IndusInal indusInal InMsdal 01.601M1RIVER DR 102000105010 1.005011. Inclusinal 75 1633 NW 24 Ave 131340580010 131340000160 Industnal 1313.10020 76 220.1 Ave 131340241180 InMstrIal 971.757 2100 NW NORM RNER OR 2000 NW NORTH RNER OR 131.600DIRIVER OR 19.6011711RIVER DR 13135000.20 1 1313.11100 .34.1181 131310241170 3 1313.30010 .31031.0 1313.1.0 1313.105. 1313.1.0 1113.030100 1413002.10 111380400030 1020.01010 102010001230 1313.41150 131340310010 IMMO Induadal 10.40141 Mont 10000141 78 79 80 81 82 83 84 85 86 87 88 90 81 82 1506 NW 2208 Ave RESERVED 16808/1/ North RIver Or 1618 NW No, RIver 683 NW South RIver Dr 131340241200 1313.241210 131340241220 131940241240 1313.41260 131340241280 InclustrIal 01 107 110 113 114 116 117 I11111 H. I 111111 hl. 446 1.1,40011 River Dr .2 NW Noah RIver Dr NO NW Nc. RIver Or 412 NW Man River Dr 201 NW Sao River Dr 260 NW Noe RIvar Or RESERVED 90 NW N. RIver Or 1 SW South River Dr 5 SW Caulk Rem Dr 27 SW South River Dr 126. Sanh River Dr 141360040090 141380030160 141330040010 141360030170 101070101250 1010701012. 101070101230 101070101221 101070.1210 101070101200 101070101190 101.0101160 102000401020 102000.1. 101090302020 RESERVED 10110080,10 101110201080 102010101111 102010101075 102010101070 .010101. 102010101120 141370360060 102010801040 102010801010 Rest.. Commercial Retooled Commercial 1.1011110.18.11 LiphlIndualrial IndmIrral InMaind RESERVED Restricted Ccrnmerdal Re/Weed Commertlel Restricted Commercial Restrict. Commercial RESERVED 136SW Soulh Raw Or 310 NW 7111 Ave 528 NW 710 Ave 800 NW 7th Ave 131340241270 131940241300 RESERVED 131940241180 1313401701. 131340170120 141380040080 laclustrIal InOuserl induerial InMselal IndusIXal InclustrIal RESERVED InMsarlal Indusanal Resholed Commercial RESERVED MD NW Rh Ave 732 NW 7th Ave 102000106010 131350271420 131350271410 131360271400 131350271180 131350271. 131350271130 131350271110 131350271. Restrict. Carrnerdal 1.10111 industrial 131350271090 131350271060 131330271070 131350271060 131350271051 131350271050 miniry xeveanmi wpm o1,1,e11o1 III I IIILIJJ. Port of Miami River Recreational and Commercial Working Waterfront Properties April 2010 .Do Legend River Properties County Area Miami Dade County Municipal Name City of Mlaml j u_ .e.�a leecrealsonal and Commercial Working Waterfront Propetes WS.% acres) -CATEGORY . n u ne es n e Working a mPmpetes -on [norrve- wnrvvorl,Wremmm Pmpeties In PZ.2 File ID: Title: Applicant(s): Purpose: Finding(s): Planning Department: Background and Analysis: City Commission: CITY COMMISSION FACT SHEET 08-00223ct1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE STIPULATED SETTLEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ("DCA") AND THE INTERVENOR, "THE MIAMI RIVER MARINE GROUP INC.", REGARDING A PENDING DISPUTE OVER CERTAIN AMENDMENTS TO THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ("MCNP") AFFECTING THE MIAMI RIVER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE STIPULATED SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED; DIRECTING THE PLANNING DIRECTOR TO SUBMIT AN AMENDMENT TO THE MCNP IN THE MANNER PROVIDED BY THE STIPULATED SETTLEMENT AGREEMENT. Carlos A. Migoya, City Manager, on behalf of the City of Miami 3500 Pan American Drive Miami, FL 33133 (305) 250-5400 This will approve the Stipulated Settlement Agreement with the Department of Community Affairs and the intervenor, "Miami River Marine Group, Inc." Recommended approval. See supporting documentation. July 22, 2010 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00223ct1 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE STIPULATED SETTLEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ("DCA") AND THE INTERVENOR, "THE MIAMI RIVER MARINE GROUP INC.", REGARDING A PENDING DISPUTE OVER CERTAIN AMENDMENTS TO THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ("MCNP") AFFECTING THE MIAMI RIVER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE STIPULATED SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED; DIRECTING THE PLANNING DIRECTOR TO SUBMIT AN AMENDMENT TO THE MCNP IN THE MANNER PROVIDED BY THE STIPULATED SETTLEMENT AGREEMENT. WHEREAS, the City adopted Comprehensive Plan Amendment (EAR -Based Plan Amendment) by Ordinance No. 13043 on November 13, 2008, which is sometime known as Miami 08-1 ER; and, WHEREAS, the Department issued its Statement and Notice of Intent regarding the Amendments on January 6, 2009 and found the EAR Based Plan Amendments to be in compliance with the exception as set forth below; and, WHEREAS, as set forth in the Statement of Intent, the Department contends that the following Amendments: Goal PA-3; Objective PA-3.1, and Policies PA-3.1.1 to 3.1.9; Objective PA-3.2, and Policy PA-3.2.1 ; Objective PA-3.3, and Policy PA-3.3.1; Objective PA- 3.4, and Policies PA-3.4.1 to 3.4.4; Policy LU-1.4.10 are not "in compliance" because it fails to insure the protection of recreational and commercial working waterfronts as required by Section 342.07, Florida Statutes; as well as Chapter 163 II, Florida Statutes, the State Comprehensive Plan, Rule 9J-5, Florida Administrative Code, and the Strategic Regional Policy Plan for South Florida; and, WHEREAS, the pursuant to Section 163.3148(10) Florida Statues, DCA has initiated the above -styled formal administrative proceeding challenging the Amendment; and WHEREAS, the "Miami River Marine Group" challenged the MCNP amendments and is an Intervener in the Challenge proceedings; and WHEREAS, the City disputes the allegations of the Statement of Intent regarding the Amendment; and WHEREAS, on October 16, 2009, the City enter into mediation between the Intervener, "Miami River Marine Group, Inc.", the Department of Community Affairs, and the City of Miami in efforts to resolve dispute; and WHEREAS, subsequently the City made changes to the foregoing EAR based Plan Amendments requested by DCA; and City of Miami Page 1 of 3 File Id: 08-00223ct1 (Version: 1) Printed On: 7/9/2010 File Number: 08-00223ct1 WHEREAS, on March 11, 2010, the City Commission held a duly noticed public hearing, at which time it discussed the proposed language regarding the Miami River Sub -element of the City of Miami Comprehensive Plan; at which time it voted to direct the Administration to open dialog with stakeholders and return to City Commission with a settlement proposal within 30 days; and WHEREAS, on April 15, 2010, upon Commission request, the City of Miami held a stakeholders meeting to review and finalize proposed Port of Miami River Sub -element; and WHEREAS, on May 27, 2010, the City Commission held a duly noticed public hearing, at which time it discussed the proposed compromise language regarding the Miami River Sub -element of the City of Miami Comprehensive Plan; at which time it directed staff to proceed with the plan amendment and settlement agreement; and WHEREAS, DCA, the Intervener "Miami River Marine Group Inc." and the City have been able to amicably resolve their differences over the Miami River related amendments in the manner set forth in the Settlement Agreement and its exhibits which amendments have addressed the need to protect and foster recreational and commercial working waterfronts in the manner provided by the laws of the State of Florida; and WHEREAS, the City Commission desires to accomplish the purposes outlined in the accompanying Stipulated Settlement Agreement and City Commission agenda memorandum, a copy of which is incorporated by reference, and has conducted a public hearing in compliance with the requirements of section 163.3184(16), Florida Statutes and further directs the Planning Director to transmit the Stipulated Settlement Agreement to the Department of Community Affairs for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. This City Commission hereby approves the Stipulated Settlement Agreement with the Florida Department of Community Affairs ("DCA") and the Intervener, "Miami River Marine Group Inc." relating to the pending dispute styled Florida Department of Community Affairs, Petitioner and the Miami River Marine Group, Inc., Intervener vs. the City of Miami, Respondent, (DOAH Case No. 09- 0169GM; In Re.: MCNP Amendment 08-1ER) in substantially the form attached hereto as Exhibit 1 and made a part hereof. This City Commission further authorizes the City Manager to execute the Stipulated Settlement Agreement for and on behalf of the City of Miami and directs the Planning Director to submit an amendment to the MCNP in the manner provided by the Stipulated Settlement Agreement to DCA for approval. Section 3. In accordance with the provisions of Sections 163.3184(16) and 163.3184(15) (b)(2) and (15)(e), Florida Statutes, and § 62-31(e) (6) of the Code of the City of Miami, the following schedule shall govern: the ordinance approving the application to amend the MCNP shall be considered at public hearing on July 22, 2010, or as soon thereafter as it may be heard. Section 4. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in City of Miami Page 2 of 3 File Id: 08-00223ct1 (Version: 1) Printed On: 7/9/2010 File Number: 08-00223ct9 compliance in accordance with Section 163.3184(1)(b), Florida Statutes, whichever is applicable. No development orders, development permits, or land uses. dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, and Plan Processing Team. {1} Section 5. If the state land planning agency issues a notice of intent to find that this plan amendment transmitted in compliance with Section 163.3184(1)(b), Florida Statutes, any affected person may file a petition with the agency within 21 days after the publication of notice. In this proceeding, the amendment shall be determined to be in compliance if the City's determination of compliance is fairly debatable. APPROVED AS TO LEGAL FORM AND CORRECTNESS: JULIE O. BRLU CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File Id: 08-00223ct1 (Version: 1) Printed On: 7/9/2010 Background and Analysis Per Florida Statutes, all local governments shall adopt Comprehensive Plan Amendments based on a state required and adopted Evaluation and Appraisal Report (EAR) of its Comprehensive Plan. The City adopted its EAR document December 2005, and is required to adopt amendments to its Comprehensive Plan based on EAR recommendations. On January 6, 2009, the City of Miami received issuant of the Department of Community Affairs (DCA) Statement of Intent and Notice of Intent finding the adopted EAR Based Amendments In Compliance with the exception of Goal PA-3, Objective PA-3.1 and Policies PA-3.1.1 to 3.1.9, Objective PA-3.2, and Policy PA- 3.2.1, Objective PA-3.3 and Policy PA-3.3.1, Objective PA-3.4, and Policies PA- 3.4.1 to 3.4.4 and Policy LU-1.4.10 that were found Not In Compliance. On October 16, 2009, the City of Miami entered into mediation between Intervenor, "Miami River Marine Group, Inc." the Department of Community Affairs and the City of Miami in efforts to resolve dispute. On May 27, 2010, the City Commission held a duly noticed public hearing, at which time it discussed the proposed compromised language regarding the Miami River Sub -element; at which time it voted to transmit the plan amendment and Stipulated Settlement Agreement to the Department of Community Affairs for approval. This will allow required amendments to the Comprehensive Neighborhood Plan based on a Stipulated Settlement Agreement between Intervenor, "Miami River Marine Group Inc.", the Department of Community Affairs, and the City of Miami to bring the entire Comprehensive Plan into compliance. Exhibit A Statement of Intent STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS • "Dedicated to making Florida a better place to call home" CHARLIE GRIST THOMAS G. PELHAM Governor Secretary January 6, 2009 The Honorable Manuel A. Diaz Mayor, City of Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Dear Mayor Diaz: The Department of Community Affairs (the Department) completed its review of the City of Miami 08-1 ER comprehensive plan amendments adopted on November 13, 2008 by Ordinance Number 13043. With the exception of the specific goals, objectives, and policies identified in Table 1 below, the Department determined that the amendments adopted by Ordinance Number 13043 meet the requirements of Chapter 163, Part I1, Florida Statutes, for compliance, as defined in Subsection 163.3184(1)(b), Florida Statutes. The Department is issuing a Statement of Intent and a Notice of Intent to find the specific goals, objectives, and policies listed in Table I below Not In Compliance, and the remaining amendments adopted by Ordinance Number 13043 In Compliance. The Notice of Intent has been sent to the Miami Herald for publication on January 7, 2009. Table 1 • Goal PA-3 ■ Objective PA-3.1, and Policies PA-3.1.1 to 3.1.9 ■ Objective PA-3.2, and Policy PA-3.2.1 ■ Objective PA-3.3, and Policy PA-3.3.1 ■ Objective PA-3.4, and Policies PA-3.4.1 to 3.4.4 • Policy LU-1.4.10 The City's amended goals, objectives, and policies in Table 1 (which were adopted by Ordinance Number 13043) fail to include strategies that will be used to preserve recreational and commercial working waterfronts as required by Section 163.3178(2)(g), Florida Statutes. Accordingly, the Department is issuing a Notice of Intent and a Statement of Intent to find the amended goals, objectives, and policies in Table 1 not In Compliance. With respect to the remaining amendments adopted by Ordinance Number 13043, the Department's Notice of Intent to find these plan amendments In Compliance shall be deemed to be a final order if no timely petition challenging the amendments is filed. Any affected person may file a petition 2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399-2100 850-488-8466 (p) • 850-921-0781 (f) ♦ Website: www dca.state.f;.us • COMMUNITY PLANNING 850.488.2356 (p) 850-488-3309 (I) r FLORIDA COMMUNITIES TRUST 850.922.22207 (p) 850.52T-1747M • • HOUSING AND COMMUNITY DEVELOPMENT 850-46e-7956 (p) 850.922.5623 CO The Honorable Manuel A. Diaz January 6, 2009 Page 2 with the agency within 21 days after the publication of the Notice of Intent pursuant to Section 163.3 [ 84(9), Florida Statutes. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. In addition, the Notice of Intent and the Statement of Intent will be forwarded to the Division of Administrative Hearing for the scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes. Please note that a copy of the adopted City of Miami 08-1 ER comprehensive plan amendments, the Statement of intent, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Miami City Hall, 3500 Pan American Drive, Miami, Florida 33133. In addition, Section 163.3184(8)(c)2, Florida Statutes, requires a local government that has an Internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's Notice of Intent. if an affected person challenges the In Compliance portion of the Notice of Intent, you will have the option of mediation pursuant to Subsection I63.3189(3)(a), Florida Statutes. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. Finally, the following comment regarding the requirement for the City to adopt a water supply plan is offered for clarification, and not as a compliance issue. Objection E.1 in the Department's Objections, Recommendations, and Comments Report noted that "'The amended goals, objectives, and policies do not require the City to adopt a 10-year water supply facilities work plan." The City adequately responded to Objection E.1. However, the City's proposed text provides for the Plan to be adopted by August 15, 2008, "and if not, as soon as possible before the end of the calendar year, 2008". The quoted text should be deleted for clarity at the City's next amendment cycle. Also, the City's data and analysis in Appendix II (see un-numbered page 7) seems to infer that the requirement to complete a water supply plan does not apply to the City. The requirement to adopt a water supply plan does apply to the City. If you have any questions, please contact Bill Fable, AICP, at (850) 922-1781 for assistance. Mike McDaniel, Chief Office of Comprehensive Planning MDM/bp Enclosures: ' Notice of Intent Statement of Intent cc: Ms. Ana Gelabert-Sanchez, Planning Director, City of Miami Ms. Carolyn A. Dekle, Executive Director, South Florida Regional Planning Council 1J STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN RE: CITY OF MIAMI COMPREHENSIVE PLAN AMENDMENT 08-1ER; ORDINANCE NUMBER 13043 AMENDING THE FUTURE LAND USE ELEMENT AND THE MIAMI RIVER SUB -ELEMENT Docket No. 08-1 ER-NOI-1315-(A)-(N) STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN AMENDMENTS NOT IN COMPLIANCE - The Florida Department of Community Affairs, pursuant to Rule 93-11.012(6), Florida Administrative Code, hereby issues this Statement of Intent regarding the specific Goals, Objectives, and Policies (GOPs) of the City of Miami 08-1ER amendments identified below. ■ Goat PA-3 ■ Objective PA-3.3, and Policy PA-3.3.1 ■ Objective PA-3.1, and Policies PA-3.1.1 to • Objective PA-3.4, and Policies PA-3.4.1 to 3.1.9 3.4.4 ■ Objective PA-3.2, and Policy PA-3.2.1 ■ Policy LU-1.4.10 The specific GOPs identified above were part of the Comprehensive Plan amendment adopted by the City of Miami in Ordinance Number 13043 on November 13; 2008, which is known as Miami 08-IER. The Department finds the above cited GOPs Not In Compliance, based upon the Objections, Recommendations, and Comments Report issued by the Department on July 18, 2008, which is hereby incorporated by reference, as defined in Section 163.3184(1)(b), Florida Statutes. The Department finds that these Comprehensive Plan amendments are Not In Compliance because: they are not consistent with Chapter 163, Part II, Florida Statutes, the State Comprehensive Plan, Rule 9J-5, Florida Administrative Code, and the Strategic Regional Policy Plan: far South Florida,for the following reasons: I. INCONSISTENT PROVISIONS The City's revised Goals, Objectives, and Policies fail to include strategies that will be used to preserve recreational and commercial working waterfronts as required by Section 163.3178(2)(g), F.S., for the. following reasons: A. Lack of meaningful and predictable standards undermines commercial working waterfront uses. The City's amended goals, objectives, and policies do not establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development regulations related to preserving the recreational and working waterfront of the Miami River. Without meaningful and predictable strategies establishing a comprehensive plan to guide and control development along the Miami River, the commercial working uses of the waterfront are vulnerable because of the potential for the creation of incompatible land use patterns and piecemeal displacement by residential uses. C0 B. Not based on data and analysis. The City's amended goals, objectives, and policies are not based on data and analysis in support of the required strategies that will be used to preserve commercial working waterfronts. The City provided a report from Lambert Advisory (i.e. the Lambert Report). The data and analysis focuses on market viability versus strategies, and some of the conclusions regarding market viability are questionable because they are based on faulty or incomplete data. Furthermore, the ORC Report noted that the data and analysis must include the information identified in the accompanying citations. However, the data and analysis does not fully respond to the requirements in the referenced Florida Statutes, Florida Administrative Code, and State Comprehensive Plan. C. Not consistent with EAR. The City's amended goals, objectives, and policies are inconsistent with the City's Evaluation and Appraisal Report (EAR). Page 2 of the City's EAR notes that one of the major issues is "the need for, and impacts of, equitable redevelopment and development". The EAR text places great importance on economic development, but the EAR based amendments related to the Port of Miami River Sub -Element are inconsistent with the noted major issue. The City provided the Lambert Report in response to this issue. However, the Lambert Report does not include data and analysis which explains how the continued loss of commercial working waterfront uses is consistent with the major issue identified in the EAR. The Lambert Report provides a market analysis of the viability of working versus non -working waterfront uses, but it does not adequately address the preservation of working waterfronts. Furthermore, while the Lambert Report advocates converting various working waterfront sites into non -working waterfront uses, it offers no analysis of how residential projects act as an ongoing stimulus to job creation and economic development. Therefore, the inconsistency between the Goals, Objectives, and Policies and the Evaluation and Appraisal Report is not resolved. D. Not internally consistent. The City's amended goals, objectives, and policies are inconsistent with the City's Comprehensive Plan. Goal CM-2 notes that the City commits to "...preserving traditional water -dependent and water -related uses...and minimizing user conflicts." The most recent amended version of Goal PA-3 reads as follows: "Development along the Miami River (hereinafter the River) shall continue to provide for water -dependent, water -related commercial, industrial, and recreational uses along the River and provide for residential and mixed use development, while acknowledging the presence of the waterfront industrial district along the River." The amended version of Goal PA-3 (and its associated Policies) does not preserve traditional water -dependent and water -related uses, and does not minimize user conflicts. E. Intergovernmental coordination. The City's amended goals, objectives, and policies do not show how the City will achieve consistent implementation of intergovernmental coordination among the governmental entities that have planning responsibilities related to the Miami River. Intergovernmental coordination will occur in a policy vacuum since there are no strategies to preserve commercial working waterfronts. Also, the goals, objectives, and policies fail to indicate how the coordination will be implemented in a consistent manner. 2 F. Compatibility. The City's amended goals, objectives, and policies do not ensure compatibility and suitability of uses along the Miami River. Compatibility and suitability should be addressed as part of the strategies to preserve recreational and commercial working waterfronts. However, the amendment provides no assurance that residential development would not occur along the River in a piecemeal manner and create incompatible land uses. The City has not adequately ensured compatibility and suitability of uses along the Miami River because action is generally deferred to the Land Development Regulations, and it focuses primarily on recreational waterfronts. II. RULE AND STATUTORY PROVISIONS The Department specifically finds these Comprehensive Plan amendments are inconsistent with the following rule and statutory provisions (citations are provided for each of the above five sections): Section LA: Rules 9J-5.005(2)(6), Florida Administrative Code, and Sections 163.3177(6)(a) and 163.3178(2)(g), Florida Statutes. Section LB: Rules 9J-5.005(2), 9J-5.012(2)(a)(h), Florida Administrative Code; and Sections 163.3177(1), 163.3177(6)(a), and I63.3178(2)(b)(g), Florida Statutes. Section LC: Rule 9J-5.012(2)(a), Florida Administrative Code; and Sections 163.3177(1)(6)(a), 163.3178(2)(g), 163.3191(10), Florida Statutes. Section I.D: Rule 9J-5.005(5), 9J-5.012(2)(a), Florida Administrative Code; and Sections 1.63.3177(1)(2)(6)(a), 163.3178(2)(g), 163,3187(2), Florida Statutes. Section LE: Rules 9J-5.012(3)(c)14, 9J-5.015(3)(c)6, Florida Administrative Code; and Sections 163.3177(4) and (6)(a)(h), 163.3178(2)(g), Florida Statutes. Section I.F: Rules 9J-5.003(23), 9J-5.003(128), 91-5.006(3)(c)1-2, 9J-5.012(3)(c)9, and 9J- 5.019(4)(c)21, Florida Administrative Code; and Sections 163.3177(6)(a) and 163.3178(2)(g), Florida Statutes. III. RECOMMENDED REMEDIAL ACTIONS A. The above inconsistencies identified in Section "I" may be remedied by taking the actions listed below. The recommended remedial 'actions aresummarized by the.six areas of compliance in Sections I.A through I.F above. 1. Section I.A. Adopt policies to ensure that the recreational and commercial working waterfronts are preserved, which could include the following: a. The establishment afa Waterfront Overlay on the Future Land Use Map (FLUM), which includes policies to guide the location of uses and assure the preservation of commercial working waterfront uses. 3 b. An assessment of the required number of acres of working and recreational waterfronts required to maintain their viability, and accompanying policies to ensure that land use amendments will not be considered that would encroach on that total. c. The adoption of a "no net loss" standard for commercial working waterfront uses along the Miami River. d. Identification of a limited number of specific sites that might be considered for conversion to non -working waterfront uses in the future, in order to preserve the remaining parcels for working waterfront uses. e. A City funded financial assistance program to assist displaced working waterfront uses to'relocate to other areas of the River if they are displaced by redevelopment. f. Creation of a marina public access requirement so that new private residential developments on riverfront marina sites rent a minimum percentage of their slips which are not leased to building residents on the open market. 2. Section I.B. Provide data and analysis in support of the strategies noted above in LA that will be used to preserve commercial working waterfronts. 3. Section I.C. The remedial actions listed in I.A and LB resolve this concern. 4. Section I.D. The remedial actions listed in LA and LB resolve this concern. 5. Section I.E. Adopt policies to indicate how the coordination will be implemented in a consistent manner. Such strategies might include joint planning area agreements and coordinated planning and economic development efforts to ensure the future growth and development of working waterfronts along the Miami River. 6. Section I.F. Adopt policies to ensure compatibility and suitability of uses along the Miami River, which could include the following: a. Specific setbacks for all uses within the waterfront overlay referenced above in III.A.I .a. b. A determination of which uses are not compatible to be located next to each other due to visual impacts, noise impacts, dust, or fumes (i.e;, diesel repair next to residential). c. Design criteria which would orient potential residential uses in a manner to minimize impacts through acoustic materials, site design, or other measures. d. Require that the hours of operation of contiguous waterfront uses be taken into consideration when considering potential FLUM amendments to convert sites to residential use, and that the hours and nature of the working waterfront operation be a basis for denial of the conversion of the contiguous site to residential use. e. An assessment of whether a FLUM amendment to convert a working waterfront site to a residential use can be served by necessary public infrastructure. IV. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN A. Inconsistent provisions. The inconsistent provisions of the plan amendment under this subject heading are listed below. The Comprehensive Plan amendment is inconsistent with the State Comprehensive Plan goals and policies set forth in Section 187.201, Florida Statutes, including the following provisions: 1. Transportation. The amendment is inconsistent with the Goal set forth in Paragraph 187.201(19)(a), Florida Statutes, and the Policy set forth in Subparagraphs 187.201(19)(b)5, Florida Statutes; and 2. The Economy. The amendment is inconsistent with the Goal set forth in Paragraph 187.201(21)(a), Florida Statutes, and the Policies set forth in Subparagraphs 187.201(21)(b) 1, 4, and 12, Florida Statutes; and • 3. Agriculture. The amendment is inconsistent with the Goal set forth in Paragraph 187.201(22)(a), Florida Statutes, and the Policy set forth in Subparagraph 187.20I (22)(b)12, Florida Statutes; and 4. EmpIoyment. The amendment is inconsistent with the Goal set forth in Paragraph 187.201(24)(a), Florida Statutes, and the Policy set forth in Subparagraph 187.201(24)(b)4, Florida Statutes; and 5. Plan Implementation. The amendment is inconsistent with the Goal set forth in Paragraph 187.201(25)(a), Florida Statutes, and the Policies set forth in Subparagraph 187.201(25)(b) 7, 8, Florida Statutes. B. Recommended remedial action. These inconsistencies may be remedied by revising the Comprehensive Plan amendment as described above in Section III. V. CONSISTENCY WITH SOUTH FLORIDA STRATEGIC REGIONAL POLICY PLAN A. Inconsistent provisions. The inconsistent provisions under this subject heading are as follows: 1. Goal 2, related to increasing employment opportunities and supporting the creation of jobs with better pay and benefits for the Region's workforce, of the Strategic Regional Policy Plan. 2. Goal 8, and Policy 8.3, related to enhancing the Region's mobility and to planning land use in and around seaports to minimize unnecessary conflicts and costs, of the Strategic Regional Policy Plan. 3. Goal 17, and Policies 17.7 and 17.10, related to maintaining a competitive economy, diversifying the economic base, and protecting marine related industries through innovative comprehensive planning and zoning regulations, of the Strategic Regional Policy Plan. 5 4. Goal 20, and Policies 20.10 and 20.11, related to achieving long-term efficient and sustainable development, enhancing the roles of seaports in economic development, and supporting the movement of freight and goods, of the Strategic Regional Policy Plan. B. Recommended remedial action. These inconsistencies may be remedied by revising the Comprehensive Plan amendment as described above in Section III. CONCLUSIONS I. The Comprehensive Plan amendments identified herein for the specific Goals, Objectives, and Policies are not consistent with the State Comprehensive Plan. 2. The Comprehensive Plan amendments identified herein for the specific Goals, Objectives, and Policies are not consistent with Chapter 9J-5, Florida Administrative Code. 3. The Comprehensive Plan amendments identified herein for the specific Goals, Objectives, and Policies are not consistent with the requirements of Chapter I63, Part II, Florida Statutes. 4. The Comprehensive Plan amendments identified herein for the specific Goals, Objectives, and Policies are not consistent with the South Florida Strategic Regional Policy Plan. 5. The Comprehensive Plan amendments identified herein for the specific Goals, Objectives, and Policies are not "in compliance," as defined in Section I63.3184(1)(b) Florida Statutes. 6. [n order to bring the Comprehensive Plan amendments for the specific Goals, Objectives, and Policies into compliance, the County may complete the recommended remedial actions described above or adopt other remedial actions that eliminate the inconsistencies. • Executed this day of January 2009, at Tallahassee, Florida. Mike McDaniel, Chief Office of Comprehensive Planning Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 6 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CITY OF MIAMI COMPREHENSIVE PLAN AMENDMENTS, GOAL PA-3, OBJECTIVE PA-3.1, AND POLICIES PA-3.1.1 THROUGH 3.1.9, OBJECTIVE PA-3.2 AND POLICY PA-3.2.1, OBJECTIVE PA-3.3 AND POLICY PA-3.3.1, OBJECTIVE PA-3.4 AND POLICIES PA-3.4.1 THROUGH 3.4.4 AND POLICY LU-1.4.10, ADOPTED BY ORDINANCE NO. 13043 ON NOVEMBER 13, 2008, NOT IN COMPLIANCE, AND THE REMAINING AMENDMENTS ADOPTED PURSUANT TO ORDINANCE 13043, IN COMPLIANCE DOCKET NO. 08-1ER-NOI-1315-(A)-(N) The Department gives notice of its intent to find the City of Miami Comprehensive Plan Amend- ments, Goal PA-3, Objective PA-3.1, and Policies PA-3.1.1 through 3.1.9, Objective PA-3.2 and Policy PA- 3.2.1, Objective PA-3.3 and Policy PA-3,3, I, Objective PA-3.4 and Policies PA-3.4.1 through 3.4.4 and Policy LU-1.4.10, adopted by Ordinance No. 13043 on November 13, 2008, NOT IN COMPLIANCE, and the remaining amendments adopted by Ordinance No.13043, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted City of Miami Comprehensive Plan Amendments, the Department's Objections, Recom- mendations, and Comments Report (if any), and the Department's Statement of Intent to find the Comprehen- sive Plan Amendments Not In Compliance will be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at City of Miami Planning Department, 444 S.W. 2" Avenue, 3"' Floor, Miami, Florida 33130. Any affected person, as defined in Section 163,3184, F.S., has a right to petition for an admin- istrative hearing to challenge the proposed agency determination that the above referenced amendments to the City of Miami Comprehensive Plan are In Compliance, as defined in Subsection 163.3184(I ), F.S. The petition must be filed within twenty-one (21) days after publication of this notice; a copy must be mailed or delivered to the local government and must include all of the information and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Comi entity Affairs, 2555 Shuman! Oak Boulevard, Tallahassee, Florida 32399-2100. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F.S. Ha petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. if no petition is filed, this Notice of Intent shall become final agency action. This Notice of Intent and the Statement of Intent for those amendments found Not In Compliance will be forwarded by petition to the Division of Administrative Hearings (DOAH) of the Department of Management Services for the scheduling of an Administrative Hearing pursuant to Sections 120.569 and 120.57, F.S. The purpose of the administrative hearing will be to present evidence and testimony on the noncompliance issues alleged by the Department in its Objections, Recommendations, and Comments Re- port and Strut of intent in outer to secure a recommended order for forwarding to the Administration Commission. Affected persons may petition to intervene in either proceeding referenced above. A petition for interventionnurst be filed at least twenty (20) days before the final hearing and must include all of the infor- mation and its described in Uniform Rule 28-106.205, F.A.C. Pursuant to Section 163.3184(10), F.S., no new issues may be alleged as a reason to find a plan amendment not in compliance in a petition to inter- vene filed more than twenty one (21) days after publication of this notice unless the petitioner establishes good cause for not alleging such new issues within the twenty one (21) day time period. The petition for intervention shall be filed at DOAH, 1230 Apalecbee Parkway, Tallahassee, Florida 32399-3060, and a copy mailed or delivered to the local government and the Department. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing pursuant to Sections 120.569 and 120.57, F.S., or to participate in the administrative hearing. After an administrative hearing petition is timely filed, mediation is available pursuant to Subsection 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. Charles Gauthier, AICP, Director Division of Community Planning Department of Community Affairs 2555 Shuntard Oak Boulevard Tallahassee, Florida 32399-2100 Exhibit B Remedial Actions ATTACHMENT Revisions based on June 21, 2010 DCA Conference Call Stricken text represents deleted text; underlined text represents additional new text. FUTURE LAND USE * Policy LU-1.3.3: Pursuant to Ch.163.3177(6)(a),F.S., the City shall maintain regulatory incentives and criteria that encourage the preservation of recreational and commercial Working Waterfronts as defined in Ch.342.07,F.S.., particularly in the "Port of Miami River" Subelement to guide future development within the Miami River Corridor. Policy LU-1.3.7.: The City will continue to use the City's Enterprise Zone, Increment Financing District, Empowerment Zone, Commercial Business Corridors, and Brownfield Redevelopment Area strategies to stimulate economic revitalization, and encourage employment opportunities. (Policy PA-3.3.10.). Policy LU- 1.3.8.: The City will foster or develop and implement job training vocational, and educational programs to assist the City's existing and future residents, water dependent and water related businesses and uses along the Miami River, in achieving economic self-sufficiency utilizing government resources as necessary, and will continue to work with appropriate State and County agencies to direct training programs and other technical assistance, to support minority and semi -skilled residents of the city including, without limitation, their involvement in recreational and commercial workinq waterfronts along the Miami River as defined by s 342.07 Fla. Stat.. (Policy PA-3.3.11). Policy LU-1.4.10: The City will continue to develop modifications to existing regulations with the intent of providing greater flexibility in the design and implementation of mixed -use developments within the general Downtown area and particularly along the Miami River up to and including 5th Street consistent with the Port of Miami River Sub -Element. Miami Comprehensive Neighborhood Plan Selective Goal Objective Policy Updates June 2010 1 Interpretation of the 2020 Future Land Use Map Restricted Commercial: The FLUM designations of parcels 2215 NW 11th Street, 1818/1881 NW North River Drive, and 1583 NW 21Th, Avenue are in litigation as of the date of the adoption of this Ordinance, in Case No. 2D06 2109, 3D06 1799 and 3D06 2718, respectively. Should the ruling in the case require the redesignation of any or all of the parcels, the City shall amend the designations to be in compliance with the ruling. TRANSPORTATION * Objective TR-1.9: The City shall seek to achieve consistency and coordination between with the Port of Miami, Port of Miami River and the Miami International Airport plans and the Miami Comprehensive Neighborhood Plan. Policy TR-1.9.1: The City, through its Intergovernmental Coordination Policies, will annually coordinate with the Port of Miami, Port of Miami River and Miami International Airport to ensure consistency between the Miami Comprehensive Neighborhood Plan and the port and airport master plans, and to improve access to and compatibility with port and airport facilities. PORTS, AVIATION AND RELATED FACILITIES * Dort of Miami Rivor 4 Miami River T f r industrial base Development along the Miami River (hereinafter the iveerr) shaarll continue to rnuuscrr►rr-�va�c.-v��cra�n-rcnc-arvrr�crr�—�mamrr�rc�lTrcr�-n-rarcc� crr�—��rr Tho "Port of Miami Rivor" is simply a logal namo usod to idontify somo 11 indopondont, privatoly ownod small shipping companios locatod along tho Miami Rivor, and is not a "Port Facility" within tho usual moaning of tho torm. Tho idontification of thoso shipping concorns as tho "Port of Miamt River" was made in 1986 for the sole purpose of satisfying a U.S. Coast Guard regulation governing bilge pump outs. Miami Comprehensive Neighborhood Plan Selective Goal Objective Policy Updates June 2010 2 provide for water -dependent, water -related commercial, industrial, and recreational uses along thc Rivcr and providc for rcsidcntial and mixcd use dcvclopmcnt, whilc Objective PA-3.1: The City of Miami, through its Land dDevelopment rReg-u-l-ations, shall help protect the Port of Miami Rivcr from encroachment by non water -dependent or water related land uscs, and shall regulate its cxpansion and redevelopment in and policies.promote the co -existence of water -dependent and water -related River. Policy PA-3.1.1: The City shall.throu•h its Land Develo.ment Regulations re•uire that any residential development with a density greater than duplex residential or any mixed use development include a water dependent or water related component or other amenities that promote enjoyment of the River unless prohibititcd by thc Miami Dade Department of Environmental Resource Management (DERM). Policy PA-3.1.2: The City shall, through its (Land dDevelopment rRegu-lati-ens, cncouragc thc dcvclopmcnt and expansion of thc Port of Miami River consistent with the coastal management and conservation elements of the City's Comprehensive Plan (See Coastal Management Objective CM 1.1). Policy PA-3.1.3: The City shall, through its (Land dDevelopment rRegu-lati-ens, cncouragc dcvclopmcnt of compatible land uses in thc vicinity of the Port of Miami River so as to mitigate potential adverse impacts arising from the Port of Miami River upon adjacent natural resources and land uses. promote the co -existence of water dependent and water related commercial, industrial, and recreational uses with .esidential and mixed use development. Policy PA 3.1.4: The City shall, through its Land Development Regulations, set maximum minimum setbacks for industrial properties along the River in order to protect them from encroachment from non indistrial uscs and require appropriate setbacks for abutting or adjacent non industrial properties. Policy PA 3.1.5: The City shall, through its Land Development Regulations, providc an intensity bonus for developments that provide water dependent or water related uses that are open to the public and provide public accesc to the River. Policy PA 3.1.6: The City shall, through its Land Development Regulations, provide an intensity bonus for developments along the River that provide wet slips available to the general public. Policy PA-3.1.7: There shall be no net loss of recreational wet slips within new developments along the River, unless replacement wet slips are prohibited by DERM. Miami Comprehensive Neighborhood Plan Selective Goal Objective Policy Updates June 2010 3 Policy PA 3.1.8: The City shall require from new residential development located along the River a recorded covenant acknowledqinq and accepting the presence of cxistinq marinc industrial uscs whcrc thc uses are abutting or adjacent to the new residential development. Policy PA-3.1.9: The City shall work with the Manatee Protection Plan Committee on issues relating to wet and dry marine slips. Objcctivc PA-3.2: The City of Miami shall coordinatc the surface transportation access to the Port of Miami River with the traffic and mass transit system shown on the traffic circulation map series. Policy PA-3.2.1: The City of Miami shall, through the Transportation Elcmcnt of thc Comprehensive Plan, coordinate intermodal surface and water transportation access serving the Port of Miami River. Objcctivc PA-3.3: The City of Miami shall coordinatc its Port of Miami River planning activities with those of dccp water ports facilities' providers and regulators including the U.S. Corps of Engineers, U.S. Coast Guard, The Miami River Commission, and Policy PA 3.3.1: The City of Miami, through its Intergovernmental Coordination Policies, shall support and coordinate with other governmental agencies having jurisdiction over the Miami River to support and enhance the Miami River's economic importance and viability. The functions of the Port of Miami River consistent with the future goals and objectives of the Comprehensive Plan, particularly with respect to thc unique characteristics of the Port of Miami River's location and its economic position these characteristics and needs with the maritime industry that complements, and often competes with, the Port of Miami River. Objective PA-3.4: The City of Miami shall implement strategies to promote the Statute 342.07, along the River. Policy PA-3.4.1: The City of Miami shall provide technical assistantce to water dependent, water related, commercial, industrial, and recreational businesses along the River in their pursuit of grants and other economic incentives. Policy PA-3.4.2: In its commitment to support the water dependent, water related, commercial, industrial and recreational working waterfronts, the City of Miami shall continue its support of the dredqinq of the River. Policy PA-3.4.3: The City of Miami shall facilitate municipal permitting for water dependent, water related, commercial, industrial and recreational workinq waterfrons along the River. Miami Comprehensive Neighborhood Plan Selective Goal Objective Policy Updates June 2010 4 Policy PA 3.4.4: The City of Miami shall continue to coorperate and coordinate planning for water dependent, water related, commercial, industrial and recreational working waterfronts with the Miami River Commission, Miami Dade County and South Florida Regional Planning Council. Port of Miami River2 Sub -Element Goal PA-3: The Port of Miami River shall be encouraged to continue operation as a valued and economically viable component of the City's maritime industrial base. Objective PA-3.1: (PLANNING AND ZONING). The City shall protect the Port of Miami River from encroachment by non water -dependent or non water -related land uses, and shall regulate the Port of Miami River's expansion and redevelopment in coordination with applicable future land use and coastal management goals, objectives, policies (See Policy LU-1.3.3 and Goal CM-3). Policy PA-3.1.1: The City shall maintain a Working Waterfront Table of Properties to guide future development within the Miami River Corridor. The Table shall clearly depict the location and description of all properties of recreational and commercial working waterfront uses on the River, as defined in Ch. 342.07 F.S. (hereinafter referenced as the "Working Waterfront"). The Table shall classify working waterfront properties into Categories "A" and "B". The Table shall be incorporated as supporting data and analysis within Appendix PA-1. Policy PA-3.1.2 Category A: The City may adopt a comprehensive plan future land use map (FLUM) amendment for properties designated "Industrial" on the FLUM, along the Miami River only if the proposed amendment complies with this sub -element. The future land use designation for any of the properties identified "Industrial" therein may be amended only through the large-scale comprehensive plan amendment process. Applications for such amendments shall demonstrate that either of the following conditions exists: 1. The Development — redevelopment as industrial is not economically feasible based on a market and site analysis using a professionally acceptable methodology that has been peer reviewed; or 2. The Proposal includes an equivalent transfer or expansion of industrially designated property offsite to another location on the Miami River within the City of Miami. 2 The "Port of Miami River" is a shallow draft riverine port consisting of independent, privately -owned small shipping companies, fisheries, vessel repair facilities marinas and other Recreational and Commercial Working Waterfront uses, as defined in Ch. 342.07. F.S., located along the banks of the Miami River and its tributaries and canals where Working Waterfront uses are located. The Port of Miami River is not a deepwater port as defined in Ch. 403.021(9), F.S. The Port of Miami River extends from the salinity dam in unincorporated Miami -Dade County to Biscayne Bay in the City of Miami. as identified in Appendix PA-1. Miami Comprehensive Neighborhood Plan 5 Selective Goal Objective Policy Updates June 2010 Policy PA-3.1.3 Category B: All Category "B" properties shall maintain a working waterfront use. Additionally, the City shall require that any residential development with a density greater than duplex residential or any mixed use development include Working Waterfront use component per Ch. 342.07, F.S. or other amenities that is accessible to the public which promotes the enjoyment of the Miami River unless prohibited by the Miami -Dade Department of Environmental Resource Management (DERM). Policy PA-3.1.4: The City shall encourage the establishment and maintenance of Workinq Waterfront uses along the banks of the Miami River, and to discourage encroachment by incompatible uses. Policy PA-3.1.5: The City shall encourage the development and expansion of the Port of Miami River Working Waterfront consistent with the future land use, coastal management and conservation elements of the City's comprehensive plan. Policy PA-3.1.6: The City shall encourage only those developments, rezoning, and land use amendments in the vicinity of the Working Waterfront lands designated "Industrial" on the adopted future land use map that are compatible and suitable with the existing "Industrial" use of property. Policy PA-3.1.7: The City shall, through its land development regulations, adopt and enforce appropriate setbacks and buffering requirements for Non -Working Waterfront properties along the Miami River in order to protect the existing Working Waterfront use from encroachment of incompatible and unsuitable uses. Policy PA-3.1.8: There shall be no net loss of recreational wet -slips along the Miami River. Policy PA-3.1.9: The City shall require from new residential development and redevelopment located along the Miami River a recorded covenant acknowledging and accepting the presence of the existing Working Waterfront 24-hour operations as permitted. Policy PA-3.1.10: In its commitment to support the Port of Miami River, the City of Miami shall continue its support of the dredging of the River. Policy PA-3.1.11: The City of Miami shall facilitate and expedite municipal permitting for water -dependent, water -related, commercial, industrial and recreational working waterfronts along the Miami River by expediting the application process for such uses. Objective PA-3.2: (TRANSPORTATION). The City shall encourage with appropriate agencies the coordination of surface transportation access to the Port of Miami River Working Waterfront with the traffic and mass transit system shown on the traffic circulation map series. Miami Comprehensive Neighborhood Plan Selective Goal Objective Policy Updates June 2010 6 Policy PA-3.2.1: The City shall through the Transportation Element of the comprehensive plan, encourage the coordination of the intermodal surface and water transportation access service to the Port of Miami River Working Waterfront (See Objective TR-1.9, Policy TR-1.9.1). Objective PA-3.3: (ECONOMIC DEVELOPMENT & COORDINATION). The City shall coordinate its Port of Miami River Working Waterfront planning activities with the multiple regulators and stakeholders who have an interest in the Miami River. Policy PA-3.3.1: Give the Miami River's multi jurisdictional and regulatory nature, the City shall coordinate with: 1. The United States Army Corp of Engineers regarding the dredqinq, navigation, and commerce on the Miami River; and 2. The United States Coast Guard regarding security and safety on the Miami river; and 3. The Miami -Dade County Planning Department to evaluate the interdependence and effectiveness of the County's Port of Miami River sub -element in its comprehensive plan with that of that of the City's; and 4. The Miami -Dade County's Department of Environmental Resource Management and the Manatee Protection Plan Committee regarding the protection of manatees and establishment of new wet and dry marine slips on or near the Miami River; and 5. The Miami -Dade County Property Appraiser to ensure that all Port of Miami River Working Waterfront properties are assessed by the "current use" pursuant to Section 4, Article VII of the Florida constitution and S.193.704, Fla. Stat. Policy PA-3.3.2: The City shall remain an active member of the Miami River Commission, as established by Ch.163.06, F.S. and shall continue to request and consider from the Miami River Commission written recommendations related to policy, planning, development and other River issues within the scope established by the Florida Legislature. Policy PA-3.3.3: Within 18 months of adoption of this policy, the City shall consider approving a joint planning agreement with the Miami River Commission and Miami - Dade County to revise and adopt the "Miami River Corridor Urban Infill Plan" as the strategic plan for the Miami River. Policy PA-3.3.4: Within three years of the adoption of this policy, the City along with Miami River stakeholders, property owners and businesses shall consider submitting an application to the Florida Department of Community Affairs, Waterfronts Florida Partnership Program, for assistance in protecting and promoting the Miami River traditional Working Waterfront. Miami Comprehensive Neighborhood Plan Selective Goal Objective Policy Updates June 2010 7 Policy PA-3.3.5: The City shall coordinate with Miami River stakeholders, property owners and businesses to prepare reasonable Working Waterfront code compliance and enforcement policies to eliminate unsafe, abandoned, and blighted conditions along the river banks. Policy PA-3.3.6: The City of Miami shall provide technical assistance to Working Waterfront businesses along the Miami River. Policy PA-3.3.7: The City shall work to improve the economic vitality of the Miami River in cooperation with other concerned public and governmental agencies and organizations. (See Miami -Dade County's Comprehensive Development Master Plan, Port of Miami River Sub -element Policy PMR-1C) Policy PA-3.3.8: The City will work with property owners along the Miami River to secure Enterprise Zone tax incentives to businesses for creation of jobs and revitalization. Such incentives consist of the following and are based on availability: Enterprise Zone Incentives 1. Jobs Tax Credit 2. Business Equipment Sales Tax Refund 3. Building Materials Sales Tax Refund 4. Property Tax Credit 5. Community Contribution Tax Credit Program Policy PA-3.3.9: The City will continue to use Brownfield redevelopment Area strategies to stimulate economic revitalization to Working Waterfronts. Such incentives consist of the following and are based on availability: a. Financial Incentives i. 35% Voluntary Cleanup Tax Credits ii. $2500 Brownfields Bonus Refund iii. Low -interest loans iv. Sales Tax Credit on Building Materials v. Up to 5 years of State Loan Guarantees of Loan Loss Reserves vi. Site -Specific Activities Grant, and vii. National Brownfields Assessment, Revolving Loan Fund, Cleanup Grants, and HUD Brownfield Economic Development Loans b. Regulatory Benefits i. Risk Based Corrective Action ii. Cleanup Liability Protection iii. Review of Voluntary Cleanup Projects at FDEP Conducted Separately From Enforcement Mandated Cleanups by Responsible Parties iv. Expedited Review and Response to Technical Reports and Correspondence v. CERCLA Site Clearance Issued by EPA, and vi. Lender Liability Protection to the extend allowed by applicable laws Miami Comprehensive Neighborhood Plan Selective Goal Objective Policy Updates June 2010 8 Policy PA-3.3.10: The City will continue to use the City's Enterprise Zone, Empowerment Zone, Commercial Business Corridors, and Brownfield Redevelopment Area strategies to stimulate economic revitalization, and encourage employment opportunities within the Port of Miami River. (Policy LU-1.3.7.). Policy PA-3.3.11: The City will foster or develop and implement job training, vocational, and educational programs to assist the City's existing and future residents, and water dependent and water related businesses along the Miami River, in achieving economic self-sufficiency, and will continue to work with appropriate State and County agencies to direct training programs and other technical assistance to support minority and semi -skilled residents of the City including, without limitation, their involvement in recreational and commercial working waterfronts along the Miami River as defined by Ch.342.07, F.S. (Policy LU-1.3.8.) Policy PA-3.3.12: The City, through its Intergovernmental Coordination Policies, shall support and coordinate with other governmental agencies having jurisdiction over the River to support and enhance the Miami River's economic importance and viability. The functions of the Miami River shall be consistent with the future goals and objectives of the City's Comprehensive Plan, particularly with respect to the unique characteristics of the Miami River's location and its economic position and functioning within the local maritime industry. Objective PA-3.4: (MONITORING & EFFECTIVENESS). The City shall monitor track the effectiveness of its goals, objectives, and policies designated to preserve and promote the Port of Miami River as a valued and economically viable component of the City's maritime industrial base. Policy PA-3.4.1: City staff shall prepare, or cause to be prepared, an annual report on the status of the Planning and Zoning, Economic Development and Coordination, and Transportation Objectives and Policies contained in this Sub -element, which shall be presented to the City Commission at a dully noticed public hearing. Policy PA-3.4.2: City staff shall prepare, or cause to be prepared, an annual report on the loss or qain of recreational and commercial Working Waterfront lands and uses, which shall be presented to the City Commission at a dully noticed public hearing. Coastal Management Miami Comprehensive Neighborhood Plan Selective Goal Objective Policy Updates June 2010 9 Goal CM-2: Improve public awareness, appreciation, and use of Miami's coastal resources by preserving traditional -water -dependent and water -related uses, ensuring adequate public access to such uses, and minimizing user conflicts. Objective CM-2.1: Wherever feasible, increase physical and visual public access to Biscayne Bay, the Miami River, the City's shoreline and publicly -owned islands. Policy CM-2.1.1: Where appropriate and in the interest of public safety and promotion of outdoor recreation opportunities on environmentally sensitive areas, future land development regulations will require non -water dependent or related development or redevelopment to maintain public access to the coastal and Miami River shorelines. (See Parks, Recreation and Open Space Policy PR- 3.2.4) Policy CM-2.1.2: Where appropriate, City owned waterfront property, including the Miami River shorelines, wffishall provide for public open spaces that allow esimilar access to the shoreline, and the City will work with Miami -Dade County to provide similar access to County owned public open spaces that provide access to the shoreline where appropriate. (See Parks, Recreation and Open Space Policy PR 1.1.12. } Policy CM-2.1.3: Amend the Downtown Waterfront Master Plan to reflect changing conditions and needs and continue to implement projects in accordance with the Downtown Waterfront Master Plan or other adopted plans that impact the downtown waterfront as appropriate (See Parks, Recreation and Open Space Policy PR 1.5.2.). Policy CM-2.1.43: The City will continue development of the river- walk and bay- walk along City owned property as funds become available and will continue to require development of the baywalk and riverwalk along private property through its land development regulations, where appropriate. Whenever feasible the City will encourage the riverwalk to interact with recreational and working waterfronts along the Miami River. Policy CM-2.1.64: The City shall continue to implement design guidelines along the baywalk and riverwalk in accordance with the Miami River Greenway Action Plan and other adopted plans as appropriate. Policy CM-2.1.65: [Reserved] Policy CM-2.1.;6: The City will incorporate provisions for public physical and/or visual access to the shoreline in its waterfront zoning regulations (See Parks, Recreation and Open Space Policy PR- 3.2.3.) Policy CM-2.1. °: As specified in the City of Miami Charter and related laws, and more specifically the Waterfront Charter Amendment and Ordinance 11000 (Zoning Ordinance for the City of Miami all new development and redevelopment along the downtown waterfront is required to provide a waterfront setback, and those Miami Comprehensive Neighborhood Plan 10 Selective Goal Objective Policy Updates June 2010 developments within Special Districts (SDs) that require publicly accessible shoreline walkways, will design them in conformance with the "Baywalk/Riverwalk Design Standards." (See Parks, Recreation and Open Space Policy PR- 3.2.11.) Policy CM-2.1. : The City will continue to work toward increased physical public access to Virginia Key and Watson Island by pursuing appropriate development and redevelopment as directed by the Virginia Key and Watson Island master plans. Policy CM-2.1. : The City will ensure that development regulations are not altered so as to prohibit water dependent facilities or uses such as swimming, boating, and fishing and will encourage and support such facilities and uses. Goal CM-3: Pursuant to Ch. 163.3178(2)(q), F.S., The City shall maintain strategies that will be used to preserve and adequate supply of land for recreational and commercial Workinq Waterfront uses defined in Ch. 342.07, F.S.3 Objective CM-3.1: The City shall strive to allow no net loss of acreage devoted to recreational and commercial Working Waterfront uses in the coastal area of the City of Miami. Policy CM-3.1.1: The comprehensive plan and land development regulations will encourage water -dependent uses along the shoreline, and strategies that will be used to preserve recreational and commercial Working Waterfronts as defined in Ch. 342.07, F.S., particularly on the Miami River. (See Goal PA-3 and Policy LU-1.3.3). s Additional strategies to preserve and encourage recreational and commercial Working Waterfront uses are contained in the Ports, Aviation, and Related Facilities element, "Port of Miami River" Sub -element. Miami Comprehensive Neighborhood Plan 11 Selective Goal Objective Policy Updates June 2010 1 APPENDIX PA-1 The following Working Waterfront Table of Properties and the attached map identify properties of recreational and commercial working waterfront uses along the Port of Miami River and are subject to criteria listed in Port of Miami River Sub -Element Policy PA-3.1.1. This space was intentionally left blank. Miami Comprehensive Neighborhood Plan Goals Objectives Policies June 2010 1 Workinq Waterfront Table of Properties No. Address Folio FLUM Designation Category 1 236 SW North River Dr 0101140002010 Industrial A 2 555 NW South River Dr 0102000101071 Industrial A 3 325 NW South River Dr 0102000102030 Industrial A 4 510 NW 1 St 0102010001020 Industrial A 5 169 NW South River Dr 0102000401190 Industrial A 6 RESERVED RESERVED RESERVED RESERVED 7 RESERVED RESERVED RESERVED RESERVED 8 2190 NW North River Dr 0131340241140 Industrial A 9 1201 NW 22 AV 0131340510570 Industrial A 10 2115 NW 12 St 0131340510610 Industrial A 11 2277 NW 14 St 0131340730010 Industrial A 12 2199 NW South River Dr 0131340950010 Industrial A 13 1270 NW 11 St 0131350210180 Industrial A 14 1201 NW South River Dr 0131350220110 Industrial A 15 1261 NW 8 Ter 0131350230100 Industrial A 16 RESERVED RESERVED RESERVED RESERVED 17 1175 NW South River Dr 0131350310010 Industrial A 18 298 SW North River Dr 0141370310010 Industrial A 19 300 SW North River Dr 0141370310020 Industrial A 20 431 NW South River Dr 0141380030130 Industrial A 21 437 NW South River Dr 0141380030150 Industrial A 22 377 NW South River Dr 0141380441020 Industrial A 23 151 NW South River Dr 0141380270020 Industrial A 24 405 NW South River Dr 0102000101010 Industrial A 25 801 NW 4 St 0102000101020 Industrial A 26 311 NW South River Dr 0102000102040 Industrial A 27 301 NW South River Dr 0102000105010 Industrial A 28 129 NW South River Dr 0102000501130 Industrial A 29 961 NW 7 St 0131350310020 Industrial A 30 971 NW 7 St 0131350000020 Industrial A 31 2100 NW North River Dr 0131340241160 Industrial A 32 2100 NW North River Dr 0131340241161 Industrial A 33 2000 NW North River Dr 0131340241170 Industrial A 34 2490 NW 18 Ter 0131340290010 Industrial A 35 2525 NW 18 Ter 0131340310110 Industrial A 36 2181 NW 12 St 0131340510580 Industrial A 37 2161 NW 12 St 0131340510590 Industrial A 38 2151 NW 12 St 0131340510600 Industrial A 49 501 NW South River Dr 0141380030160 Industrial A 40 131 NW South River Dr 0141380270010 Industrial A 41 401 SW 3 Ave 0141380490030 Industrial A 42 242 SW 5 St 0102030801010 Industrial A 43 19 NW South River Dr 0102010001230 Industrial A 44 2154 NW North River Dr 0131340241150 Industrial A 45 2660 NW 18 Ter 0131340310010 Industrial A 46 2600 NW 18 Ter 0131340310020 Industrial A 47 2570 NW 18 Ter 0131340310030 Industrial A 48 2540 NW 18 Ter 0131340310060 Industrial A Miami Comprehensive Neighborhood Plan Goals Objectives Policies June 2010 1 49 2530 NW 18 Ter 0131340310070 Industrial A 50 2551 NW 18 Ter 0131340310160 Industrial A 51 2601 NW 18 Ter 0131340310170 Industrial A 52 1350 NW 18 Ave 0131340420090 Industrial A 53 1881 NW 27 Ave 0131340310180 Industrial A 54 2670 NW 18 Ter 0131340310210 Industrial A 55 19 SW North River Dr 0101130803130 Industrial A 56 121 SW North River Dr 0101130901141 Industrial A 57 114 SW North River Dr 0101130901160 Industrial A 58 300 SW 2 St 0101130901280 Industrial A 59 200 SW North River Dr 0101140001090 Industrial A 60 737 NW 4 St 0102000103010 Industrial A 61 745 NW 4 St 0102000103020 Industrial A 62 101 NW South River Dr 0102000104010 Industrial A 63 125 NW South River Dr 0102000501120 Industrial A 64 1995 NW 11 St 0131340420040 Industrial A 65 1320 NW 18 Av 0131340420120 Industrial A 66 1142 NW 21 Av 0131340490090 Industrial A 67 2051 NW 11 St 0131341010010 Industrial A 68 2750 NW 20th St 0131330070040 Light Industrial B 69 1960 NW 27 Ave 0131330070030 Liqht Industrial B 70 1970 NW 27 Ave 0131330070020 Light Industrial B 71 1990 NW 27 Ave 0131330070010 Light Industrial B 72 1583 NW 24 Ave 0131340680010 Industrial A 73 1583 NW 24 Ave 0131340590020 Industrial A 74 1583 NW 24 Ave 0131340590010 Industrial A 75 2215 NW 14th St 0131340000160 Industrial A 76 1645 NW 22nd Ave 0131340241190 Industrial A 77 1635 NW 22nd Ave 0131340241200 Industrial A 78 1625 NW 22nd Ave 0131340241210 Industrial A 79 1615 NW 22nd Ave 0131340241220 Industrial A 80 1605 NW 22nd Ave 0131340241230 Industrial A 81 1585 NW 22nd Ave 0131340241240 Industrial A 82 1575 NW 22nd Ave 0131340241250 Industrial A 83 1565 NW 22nd Ave 0131340241260 Industrial A 84 1545 NW 22nd Ave 0131340241270 Industrial A 85 1525 NW 22nd Ave 0131340241280 Industrial A 86 1515 NW 22nd Ave 0131340241290 Industrial A 87 1505 NW 22nd Ave 0131340241300 Industrial A 88 RESERVED RESERVED RESERVED RESERVED 89 1884 NW North River Dr 0131340241180 Industrial A 90 1884 NW North River Dr 0131340170140 Industrial A 91 1818 NW North River Dr 0131340170120 Industrial A 92 663 NW South River Dr 0141380040080 Restricted Commercial B 93 661 NW South River Dr 0141380040090 Restricted Commercial B 94 555 NW South River Dr 0141380030180 Restricted Commercial B 95 603 NW South River Dr 0141380040010 Restricted Commercial B 96 517 NW South River Dr 0141380030170 Restricted Commercial B 97 448 NW North River Dr 0101070101250 Light Industrial B 98 442 NW North River Dr 0101070101240 Light Industrial B 99 440 NW North River Dr 0101070101230 Light Industrial B 100 450 NW North River Dr 0101070101221 Light Industrial B 101 422 NW North River Dr 0101070101220 Light Industrial B Miami Comprehensive Neighborhood Plan Goals Objectives Policies June 2010 102 412 NW North River Dr 0101070101210 Light Industrial B 103 404 NW North River Dr 0101070101200 Liqht Industrial B 104 400 NW North River Dr 0101070101190 Light Industrial B 105 398 NW North River Dr 0101070101180 Liqht Industrial B 106 343 NW South River Dr 0102000401020 Industrial A 107 201 NW South River Dr 0102000401180 Industrial A 108 250 NW North River Dr 0101090302020 Malor Inst. Public Facilities B 109 RESERVED RESERVED RESERVED RESERVED 110 90 NW North River Dr 0101100901110 Restricted Commercial B 111 28 NW North River Dr 0101110201090 Restricted Commercial B 112 40 SW South River Dr 0102010101111 Restricted Commercial B 113 1 SW South River Dr 0102010101075 Restricted Commercial B 114 5 SW South River Dr 0102010101070 Restricted Commercial B 115 27 SW South River Dr 0102010101020 Restricted Commercial B 116 401 SW 1st St 0102010101120 Restricted Commercial B 117 40 SW North River Dr 0141370360080 Restricted Commercial B 118 109 SW South River Dr 0102010801040 Restricted Commercial B 119 129 SW South River Dr 0102010801010 Restricted Commercial B 120 135 SW South River Dr 0102000106010 Restricted Commercial B 121 510 NW 7th Ave 0131350271420 Light Industrial B 122 528 NW 7th Ave 0131350271410 Light Industrial B 123 600 NW 7th Ave 0131350271400 Light Indurstrial B 124 700 NW 7th Ave 0131350271160 Light Industrial B 125 710 NW 7th Ave 0131350271140 Light Industrial B 126 722 NW 7th Ave 0131350271130 Liqht Industrial B 127 732 NW 7th Ave 0131350271120 Light Industrial B 128 800 NW 7th Ave 0131350271110 Light Industrial B 129 808 NW 8th St Rd 0131350271100 Light Industrial B 130 810 NW 8th St Rd 0131350271090 Medium Density Multifamily B Residential 131 812 NW 8th St Rd 0131350271080 Medium Density Multifamily B Residential 132 830 NW 8th St Rd 0131350271070 Medium Density Multifamily B Residential 133 852 NW 8th St Rd 0131350271060 Medium Density Multifamily B Residential 134 900 NW 8th St 0131350271051 Medium Density Multifamily B Residential 135 908 NW 8th St Rd 0131350271050 Medium Density Multifamily B Residential Miami Comprehensive Neighborhood Plan Goals Objectives Policies June 2010 10 12 13 le NIcIrms 555.6011111RIVER DR ONWIST RESERVED RESERVED RESERVED 1175INS01101 RI. OR 3.3W1IORIIIRIVER DR 437.80.11RIVER OR 377.901MIRIVER DR 161 NW SOMIRIVER OR MI NW 467 311.804.101R1VER OR Folio 1011.02010 102000101071 102000020. 1020100010. 1.03101130 RESDIVED RESERVED 131310241140 1313.10570 1313.10610 1313.30010 131310960010 131350210180 131350220110 13133023.00 RESERVED 131330310010 14137.0010 141370310020 1410.41020 141330270020 102000101010 102000102040 IncludrIal Monk RESERVED 1.844141 Induelnal Indusinal RESERWO Mont 10..01 Induslrlel c-v RESERVED RESERVED 48 48 48 50 53 55 58 58 60 61 63 65 65 68 71 73 2570 NW 18 TER 26. NW 18 TER 2551 NW 18 TER 2601 NW 15 TER 2670 NW 18 TER le SW NORTH RIVER DR 121 SW NORTH RIVER OR R 114 SW MORI, RIVER OR 200 SW NORTH RIVER DR 125 Sall -HMV. DR 1320 NW 18 AV 1860 NW VA. 1930 NW 27 Ave 131340310020 131340310030 131340310080 131340310070 131340310160 1313403101. 131340420000 1313.310180 131340310210 101130003130 1011.01141 101130901160 101130901280 101140001090 102000103010 102000103020 102000104010 1020005011. 1313.420040 131340420. 131340400090 131.1010010 1.330070040 1.330070030 131330070010 1313408130010 131940580020 11- HIIIIHI� Induelral Mustrlal IndustrIal Inclusidal Industrial industrIal Industrial Industrial Induserl 160041001 IndusInal indusInal InMsdal 01.601M1RIVER DR 102000105010 1.005011. Inclusinal 75 1633 NW 24 Ave 131340580010 131340000160 Industnal 1313.10020 76 220.1 Ave 131340241180 InMstrIal 971.757 2100 NW NORM RNER OR 2000 NW NORTH RNER OR 131.600DIRIVER OR 19.6011711RIVER DR 13135000.20 1 1313.11100 .34.1181 131310241170 3 1313.30010 .31031.0 1313.1.0 1313.105. 1313.1.0 1113.030100 1413002.10 111380400030 1020.01010 102010001230 1313.41150 131340310010 IMMO Induadal 10.40141 Mont 10000141 78 79 80 81 82 83 84 85 86 87 88 90 81 82 1506 NW 2208 Ave RESERVED 16808/1/ North RIver Or 1618 NW No, RIver 683 NW South RIver Dr 131340241200 1313.241210 131340241220 131940241240 1313.41260 131340241280 InclustrIal 01 107 110 113 114 116 117 I11111 H. I 111111 hl. 446 1.1,40011 River Dr .2 NW Noah RIver Dr NO NW Nc. RIver Or 412 NW Man River Dr 201 NW Sao River Dr 260 NW Noe RIvar Or RESERVED 90 NW N. RIver Or 1 SW South River Dr 5 SW Caulk Rem Dr 27 SW South River Dr 126. Sanh River Dr 141360040090 141380030160 141330040010 141360030170 101070101250 1010701012. 101070101230 101070101221 101070.1210 101070101200 101070101190 101.0101160 102000401020 102000.1. 101090302020 RESERVED 10110080,10 101110201080 102010101111 102010101075 102010101070 .010101. 102010101120 141370360060 102010801040 102010801010 Rest.. Commercial Retooled Commercial 1.1011110.18.11 LiphlIndualrial IndmIrral InMaind RESERVED Restricted Ccrnmerdal Re/Weed Commertlel Restricted Commercial Restrict. Commercial RESERVED 136SW Soulh Raw Or 310 NW 7111 Ave 528 NW 710 Ave 800 NW 7th Ave 131340241270 131940241300 RESERVED 131940241180 1313401701. 131340170120 141380040080 laclustrIal InOuserl induerial InMselal IndusIXal InclustrIal RESERVED InMsarlal Indusanal Resholed Commercial RESERVED MD NW Rh Ave 732 NW 7th Ave 102000106010 131350271420 131350271410 131360271400 131350271180 131350271. 131350271130 131350271110 131350271. Restrict. Carrnerdal 1.10111 industrial 131350271090 131350271060 131330271070 131350271060 131350271051 131350271050 miniry xeveanmi wpm o1,1,e11o1 III I IIILIJJ. Port of Miami River Recreational and Commercial Working Waterfront Properties April 2010 .Do Legend River Properties County Area Miami Dade County Municipal Name City of Mlaml j u_ .e.�a leecrealsonal and Commercial Working Waterfront Propetes WS.% acres) -CATEGORY . n u ne es n e Working a mPmpetes -on [norrve- wnrvvorl,Wremmm Pmpeties In PZ.3 File ID: 08-00223ct2 Title: FIRST READING CITY COMMISSION FACT SHEET AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, BY AMENDING, ADDING, AND DELETING GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE ELEMENT, PORTS, AVIATION AND RELATED FACILITIES PORT OF MIAMI RIVER SUB -ELEMENT AND COASTAL MANAGEMENT ELEMENT OF THE CITY'S COMPREHENSIVE PLAN AS REQUIRED BY CHAPTER 163, PART II, FLORIDA STATUTES, TO INCORPORATE THE PLAN AMENDMENTS PURSUANT TO THE STIPULATED SETTLEMENT AGREEMENT BETWEEN THE INTERVENOR "THE MIAMI RIVER MARINE GROUP, INC.", THE DEPARTMENT OF COMMUNITY AFFAIRS, AND THE CITY OF MIAMI; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Applicant(s): Carlos A. Migoya, City Manager, on behalf of the City of Miami 3500 Pan American Drive Miami, FL 33133 (305) 250-5400 Purpose: This will allow required amendments to the Comprehensive Neighborhood Plan based on the Stipulated Settlement Agreement between the intervenor, "Miami River Marine Group, Inc.", the Department of Community Affairs and the City of Miami. Finding(s): Planning Department: Recommended approval. Background and Analysis: See supporting documentation. City Commission: July 22, 2010 City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00223ct2 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, BYAMENDING, ADDING, AND DELETING GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE ELEMENT, PORTS, AVIATION AND RELATED FACILITIES PORT OF MIAMI RIVER SUB -ELEMENT AND COASTAL MANAGEMENT ELEMENT OF THE CITY'S COMPREHENSIVE PLAN AS REQUIRED BY CHAPTER 163, PART II, FLORIDA STATUTES, TO INCORPORATE THE PLAN AMENDMENTS PURSUANT TO THE STIPULATED SETTLEMENT AGREEMENT BETWEEN THE INTERVENOR "THE MIAMI RIVER MARINE GROUP, INC.", THE DEPARTMENT OF COMMUNITY AFFAIRS, AND THE CITY OF MIAMI; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes (F.S.), the Miami Comprehensive Neighborhood Plan (MCNP) was adopted by the City Commission of the City Miami by Ordinance No. 10544 on February 9, 1989; and WHEREAS, Chapter 163, Part II, F.S. and Chapter 9J-5, Florida Administrative Code (F.A.C.) required that each local government periodically updated its comprehensive plan through the preparation and adoption of an evaluation and appraisal report assessing the success or failure of the adopted comprehensive plan; and WHEREAS, the City Commission adopted the Evaluation and Appraisal Report on December 1st, 2005; and WHEREAS, R-05-0707, adopting the 2005 Evaluation Appraisal Report (EAR), indicated that the City of Miami shall consider amendment of the MCNP based on recommendations in the EAR and shall consider updating the comprehensive plan in accordance with Sections 163.3184, 163.3187, and 163.3191, F.S.; and WHEREAS, Chapter 163, Part II, F.S., requires that each local government incorporate recommendations contained in the Evaluation and Appraisal Report as amendments to the MCNP; and WHEREAS, the City of Miami in furtherance of public participation in the comprehensive planning process through its local planning agency, the Planning Advisory Board, held various workshops and public hearings relative to the EAR amendments; and WHEREAS, the Miami Planning Advisory Board, at its meeting on April 30, 2008, Item No. 1, following an advertised public hearing, adopted by Resolution No. PAB 08-014, by a vote of eight to City of Miami Page 1 of 4 File Id: 08-00223ct2 (Version: 1) Printed On: 7/9/2010 File Number: 08-00223ct2 zero (8-0), recommending APPROVAL with modifications of text amendments to the MCNP; and WHEREAS, the Miami Planning Advisory Board, at its meeting on April 30, 2008, Item No. 1, following an advertised public hearing, adopted by Resolution No. PAB 08-014a, by a vote of six to two (6-2), recommending DENIAL of the proposed Miami River Sub -Element as presented by the Planning Department; and WHEREAS, on May 8, 2008, the City Commission held a duly noticed public hearing, at which time it considered the recommended changes in the review comments, from staff, and from members of the public; and WHEREAS, the public hearing held on May 8, 2008 was recessed and the City Commission continued this public hearing until May 13, 2008, at which time the City Commission deliberated, discussed and took action on the EAR based amendments; at which time it voted to transmit the amendments for review by state, region and local agencies as required by law; and WHEREAS, on July 18, 2008, the City of Miami received the Department of Community Affairs (DCA) report entitled Objections, Recommendations and Comments (ORC); and WHEREAS, following Florida Department of Community Affairs (DCA) review of the amendments to the MCNP and a finding of insufficiency by Florida Department of Community Affairs (DCA), the City Commission of the City of Miami on July 24, 2008, adopted amendments to the MCNP based on the Florida Department of Community Affairs (DCA) Objections, Recommendations and Comments (ORC) Report of July 18, 2008"; and WHEREAS, on January 6, 2009, the City of Miami received issuant of the Department of Community Affairs (DCA) Statement of Intent and Notice of Intent finding the adopted EAR Based Amendments In Compliance with the exception of Goal PA-3, Objective PA-3.1 and Policies PA-3.1.1 to 3.1.9, Objective PA-3.2, and Policy PA-3.2.1, Objective PA-3.3 and Policy PA-3.3.1, Objective PA-3.4, and Policies PA-3.4.1 to 3.4.4 and Policy LU-1.4.10 that were found Not In Compliance as attached in Exhibit A; and WHEREAS, on October 16, 2009, the City of Miami enter into mediation between the Intervenor, "The Miami River Marine Group, Inc.", the Department of Community Affairs, and the City of Miami in efforts to resolve dispute; and WHEREAS, on March 11, 2010, the City Commission held a duly noticed public hearing, at which time it discussed the proposed language regarding the Miami River Sub -element of the City of Miami Comprehensive Plan; at which time it voted to direct the Administration to open dialog with stakeholders and return to City Commission with a settlement proposal within 30 days; and WHEREAS, on April 15, 2010, upon Commission request, the City of Miami held a stakeholders meeting to review and finalize proposed Port of Miami River Sub -element; and WHEREAS, on May 27, 2010, the City Commission held a duly noticed public hearing, at which time it discussed the proposed compromise language regarding the Miami River Sub -element of the City of Miami Comprehensive Plan; at which time it directed the Planning Director to proceed with the plan amendment and compliance agreement; and City of Miami Page 2 of 4 File Id: 08-00223ct2 (Version: 1) Printed On: 7/9/2010 File Number: 08-00223ct2 WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend the Future Land Use Element, Ports, Aviation and Related Facilities Port of Miami River sub -element and Coastal Management Element of the MCNP as hereinafter set forth and transmit to the Department of Community Affairs for approval. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Ordinance No.10544, as amended, the MCNP, is hereby, amended by amending the text of the Goals, Objectives, and Policies of said Ordinance as attached in "Exhibit B". {1} Section 3. The City Manager is directed to instruct the Director of the Planning Department to immediately transmit certified copies of this Ordinance and the amended MCNP to the Florida Department of Community Affairs, Tallahassee, Florida; South Florida Regional Planning Council, Hollywood, Florida; and any other public official or government agency requesting a copy for statutorily mandated review. Section 4. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184(1)(b), Florida Statutes, whichever is applicable. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, and Plan Processing Team. {2} Section 6. If the state land planning agency issues a notice of intent to find that this plan amendment transmitted in compliance with Section 163.3184(1)(b), Florida Statutes, any affected person may file a petition with the agency within 21 days after the publication of notice. In this proceeding, the amendment shall be determined to be in compliance if the City's determination of compliance is fairly debatable. APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY Footnotes: City of Miami Page 3 of 4 File Id: 08-00223ct2 (Version: 1) Printed On: 7/9/2010 File Number: 08-00223ct2 {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective at the date stated herein, whichever is later. City of Miami Page 4 of 4 File Id: 08-00223ct2 (Version: I) Printed On: 7/9/2010 I'111icy Couuuiitce Governor or State of Florida Mr. Charlie Cri.si De<icnee. Ms. Patricia Harris Chair of \lianti-Dade Delegation Representative Juan Zapata Designee: Representative Luis Garcia Chair id (:uvcrning Board of South Florida %'aler Management District Mr. Brit liuermann Miami -Dude State Attorney Ms. Katherine Fernandez: Rundle Ik•agnee' Mr Gary Winston Mayor id Mi:uni-Dade County Mayor t'arhis Alvarez Destence: Mr. "riot Riera-Gonlez Nlryor of Miami Mayorliynas Regalado City of itiami Commissioner ('nlluuissionet frank Carnllo Nliauli Cllnmi. ('nunoisslt ncr Bruno lianeirn Pr -signor.: Ms, Marlene Maio Chair id' Aliauli River Marine Croup Mr, Richard 1)uIin Destenee: Mr. Min Black Chair of Marine Council Mr I:d Swakon Designee: Mr. Phil 1? ' dngham Executive Director of Downtown Development Authority Ms. Alyce Robertson Designee: Mr. Javier Betancourt Chair of (;renter Chamber of Corluucrce 111r. 11 ury I lulson Designer: Ms. Megan KelJy. Neighborhood Representative _Appointed by City of llivuli Commission Dr. 1'srne i Nlanin Designer: Mr, Michael Coax Neighhorhorxl Representative Appointed by Miami -Dude t.IN111111«it 111 Ills. Sallee IuJe Designer.: Nis. Jam. (';lenient Representative froth f:nvi roll 111e111al or Civic ()rgani,ation Appointed by the Governor Mi. I Ittitiei;t Stuart Aguirre Nlamlher at Large Appointed by the Col emir Mr. Jay Carmichael Member at Large Appointed by 1liu1111-Dude Commission Ms, Sara Bahia' Dasign:'e: M..wino I.tc.a-( amejot \tcnlher at I. City id Miami C Mr. Manny I'Iicgii Alanaging Director !vlr. Bien I41I\'ttu ppointed by Assistatil \tauagiiig Director Chas.-. Mia fiver Commission -04 Honorable Commissioner Francis Suarez City Hall 3500 Pan American Drive Miami, Florida do Robert King High 1407 NW 7w ST, Suite D Miami, Florida 33125 Orrice: 305-644-0544 Fax: 305-642-1136 email: miamiriver@bellsouth.net W W W. mia miri vercommission.org July 22, 2010 Re: Recommendation for Approval of Agenda Item PZ. 3 Dear Commissioner Suarez: This letter serves as the Miami River Commission's (MRC) "official statement" to all City Commissioners, requested in City Resolution 00- 320, regarding July 22, 2010 City Commission agenda item PZ. 3, which impacts the Miami River. On July 12, 2010, the Miami River Commission (MRC) unanimously found the proposed amendments to the Comprehensive Neighborhood Plan to be consistent with the Miami River Corridor Urban Infrll Plan. Eric Buermann Chair, Miami River Commission ED INTO THE PUBLIC RECORD FOR EMPL,3 ON;la3��o o - 00229Ct2 1 Sri tt River Come- SI ©vl 300 150 0 MIAMI 21 (EXISTING) ePLAN ID: PZ-19-4774 REZONE 300 Feet ADDRESSES: 1535, 1545, AND 1583 NW 24 AV MIAMI 21 (PROPOSED) ePLAN ID: PZ-19-4774 REZONE ADDRESSES: 1535, 1545, AND 1583 NW 24 AV SUBJECT PROPERTIES 300 150 0 300 Feet