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HomeMy WebLinkAboutSubmittal-Brett Bibeau-Miami River Commission Letterpommy committee: Governor of State of Florida Mr. Ron DeSantis Designee: Ms. Patricia Harris Chair of Miam}Dade Delegation SenatorAna Maria Rodriguez Designee: Senator lima Garcia Chair of Governing Board of South Florida Water Management District Mr. Chancey Goss Designee: Mr. Scott Wagner Miami -Dade State Attorney Ms. Katherine Fernandez -Rundle Designee: Mr. David Maer Mayor of Miami -Dade County Mayor Daniella Levine Cava Designee: Mr. Jim Murley City of Miami Mayor Mayor Francis Suarez Designee: Ms. Megan Kelly City of Miami Commissioner CommissionerAlex Diaz de la Portilla Miami -Dade County Commissioner Commissioner Eileen Higgins Designee: Ms. Maggie Fernandez Chair of Miami River Marine Group Mr. Bruce Brown Designee: Mr. Richard Dubin Chair of Marine Coaaca Mr. Michael Karcher Designee: Mr. Phil Everirglram Executive Director of Downtown Development Authority Ms. Alyce Robertson Designee: Ms. Christina Crespi Chair of Greater Miami Chamber of Commerce Mr. Alfred Sanchez Designee: Ms. Sandy O`Neil Neigborhood Relive Aplionded bye dMudCommWoo Dr. Ernest Martin Designee: Mr. Tom Kimen Neigborhood Representative Appointed by Miami -Dade Commind n Ms. Sallye Jude Designee: Mr. Mike Simpson Representative from Environmental or Civic Organization Appointed by the Governor Mr. Horatio Stuart Aguirre Member at Large Appointed by the Governor Mr. Luis Garcia Designee: Mr. John Michael Cornell Member at Large Appointed by Miami -Dade Commi pion Ms. Sane Babun Designee: Ms. Roselvic Noguera Member at Large Appointed by City of Miami commission 12U2� Managing Director 12 U 2(0 Mr. Brett Bibeau 7 n n s-i � Miami River Commission do Robert King High 1407 NW -16 Street, Suite 2 Miami, Florida 33125 Office: (AS) 644-05" BretMbeau@MkmWJverCommk%Wn.org www.miamiirivercommioWn.org July 28, 2022 City of Miami Commission 3500 Pan American Drive Miami, FL 33133 Re: Miami River Commission's Recommendations on REA, RE.5, PZ.7 and PZ 10 REA & RE.5 — During the Miami River Commission's June 6 public meeting, Ms. his Escarra, Greenberg Traurig, and Bernardo Fort - Brescia, Arquitectonica, distributed and presented plans and the attached letter of intent for a proposed riverfront development at 400 SE 2 Ave, on behalf of attendees Allen Matis and Phil Keb, Gencom. Ms. Escarra and the letter of intent stated the proposal is consistent with the current zoning, land use, and the public Riverwalk will comply with the code requirements of Section 3.11, Appendix B, and the Baywalk Riverwalk Design Standards and Guidelines. Ms. Escarra stated the applicants were willing to fund improvements to the existing public Riverwalk beneath the Brickell Bridge, and the proposed public Riverwalk will connect with existing public Riverwalks to the east, west, and north. Ms. Escarra stated they would like to keep the Poseidon Ferry which picks up and drops off passengers at this location for service to and from Miami Beach. The MRC did not consider, and is not providing an advisory recommendation related to the City's financial considerations regarding this item. The Miami River Commission (MRC) adopted a unanimous motion respectfully recommend that the City Commission send the City owned 400 SE 2 Ave to a public referendum to extend the current Hyatt lease and allow development generally consistent with the presented draft "Miami Riverbridge" mixed -use development plans featuring the public Riverwalk, while utilizing the project's Parks Impact Fee as a potential funding source to reimburse the expedited improvements and reopening of the nearby FT Dallas Park, along with restoring its historically designated Flagler Workers House. PZ.7 - During the Miami River Commission's January 3, 2022 public meeting, Iris Escarra, Greenberg Traurig, Jim McDonnell, Cube 3, Barry Miller, Savino Miller Design, Alex Mantecon and Guillermo Alvarez, MV Real Estate presented plans, Letter of Intent and ` a Jam i H-zr- �S V-t 61 &e"- Wd Mi Ri ✓� l)Ml1?t'S:S'L L6 L W 4! � � U v w += O C E c'v w o a N EE -° Ln o L o Edo Committee: Governor of State of Florida Mr. Ron DeSands Designee: Ms. Patricia Harris Chair of Miami -Dade Delegation SenatorAna Maria Rodriguez Designee: Senator Ileana Garcia Chair of Governing Board of South Florida Water Management District Mr. Chancey Goss Designee: Mr. Scott Wagner Miami -Dade State Attorney Ms. Katherine Fen wxkz Rundle Designee: Mr. David Maer Mayor of Miami -Dade County Mayor Daniella Levine Cava Designee: Mr. Jim Muriey City of Miami Mayor Mayor Francis Suarez Designee: Ms. Megan Kelly City of Miami Commissioner CommissionerAkx Diaz de la Portilla Miami -Dade County Commissioner Commissioner Eileen Higgins Designee: Ms. Maggie Femerdri Chair of Miami River Marine Group Mr. Brice Brown Designee: Mr. Richard Dubin Chair of Marine Council Mr. Michael Karcher Designee: Mr. Phil Everingham Executive Director of Downtown DevelopmentAndwity Ms. Alyce Robertson Designee: Ms. Christina Ctespi Chair of Greater Miami Chamber of Commerce Mr. Alfred Sanchez Designee: Ms. Sandy ON61 Neigborhood Representative Appointed by City ofMhwA Conwhd= Dr. Ernest Martin Designee: Mr. Tom Kimen Neigborhood Representative Appointed by Mbmi-Dadc Commission Ms. Saliye Jude Designee: Mr. Mike Simpson Representative from Environmental or Civic Organkstioe Appointed by the Governor Mr. Horacio Stuart Aguirre Member at Large Appointed by the Governor Mr. Luis Garcia Designee: Mr. John Michael Cornell Member at Large Appointed by Miami -Dade Commisdon Ms. Sara Babun Designee: Ms. Roselvic Noguera Member at Large Appointed by City of Miami Commission Managing Director Mr. Brett Bibeau � Miami River Commission do Robert King High 1407 NW 7" Street, Suite 2 Miami, Florida 33125 Office: (305) 64440544 Brddgbeau@MiamWJverCommkdm.org www.miamhi*ercommbsion.org Restrictive Covenant stating they will comply with the public Riverwalk code requirements (Miami 21 Waterfront Standards 3.11, Appendix B, and the Baywalk Riverwalk Design Standards and Guidelines) and the Comp. Plan's required working river disclosure. The presenters stated the project will activate the public Riverwalk, UJ which will connect in all directions as required by code. Q ;, 41 N w 0 iJ The project features the Dream luxury hotel, 2 restaurants, Garcia's o a Seafood Fish Market, event space, nightclub, and managed dockage S a N with a dockmaster, etc. Please see attached presented Letter of Intent � N and Voluntary Restrictive Covenant for more details. In addition, the a N project will make enhancements to the connecting existing public o Riverwalk beneath 1-95, such as improved lighting. The public (U o Riverwalk will have 4 entry points for bicycles and pedestrians. The MRC did not consider, and is not providing an advisory recommendation related to the City's financial considerations regarding this item. The Miami River Commission unanimously recommended approval of the presented Riverside Wharf. PZ.10 — During the Miami River Commission's July 11, 2022 public meeting, David Snow and Graham Jones, City of Miami Planning Department, distributed and presented an updated revised 2' draft code amendment, and a PowerPoint. The MRC adopted a unanimous motion supporting the City of Miami Planning Advisory Board's recommendation of denial and expressing a willingness in the future to consider a revised version of the proposed code amendment with City staff and the public. I appreciate your time and support for the Miami River District. Sincerely, Brett Bibeau Managing Director, Miami River Commission MGreenbergTraurig Via Email Brett Bibeau Managing Director Miami River Commission 1407 NW 7th Street # 1 Miami, Florida 33125 Submitted into the public record for item(s) REA, RE.5, PZ.7 and PZ.10 on 7-28-2022 , City Clerk May 24, 2022 Iris V. Escarra Tel. 305579-0737 Fax 305-9615737 escarrai@gpaw.com Re: Miami RiverBridge / 400 SE 2 Avenue, Miami, Florida (Folio No. 01-3137-022- 0020) (the "Property") Dear Mr. Bibeau: Our firm represents HRM Owner, LLC (the "Applicant"), in connection with the proposed Miami City Charter amendment for the lease extension and redevelopment of the above -referenced Property (collectively, the "Project"). On behalf of the Applicant, please accept this correspondence as the Applicant's request for a recommendation from the Miami River Commission in support of the proposed Project which is seeking to appear before the City of Miami Commission in the near future for consideration of a lease extension and amendment. I. Property Information The Property is owned by the City of Miami (the "City") and is currently improved with the James L. Knight Center, the Miami Convention Center, the Miami Conference Center (collectively, the "JLKC") and the Hyatt Regency Hotel, all of which were originally constructed in the late 1970s. The Hyatt Regency Hotel portion of the Property is subject to a long-term lease with approximately four decades remaining. The JLKC portion is owned by the City and operated under a management agreement with a third part entity. Greenberg Traurig, P.A. I Attorneys at Iaw 333 Southeast Second Avenue I Suite 4400 1 Miami, FL 33131 1 T +1 305.579.0500 1 F +1 305.579.0717 www.gdaw.corn Brett Bibeau Miami RiverBridge May 24, 2022 Submitted into the public record for item(s) REA, RE.5. PZ.7 and PZ.10 on 7-28-2022 City Clerk The Property is located along the north bank of the Miami River in the heart of City's Urban Core. The Property fronts SE 2 Avenue to the east, the Miami River to the south, a Comfort Inn & Suites hotel to the west and SE 4 Street to the north. Under Miami 21, the Property is zoned T6-80-0 and is located within the Central Business District Residential Density Increase Area. The City's Future Land Use Map designates the Property as Urban Central Business District. The Property is located within a Transit Oriented Development ("TOD") and provides a direct connection to the James L. Knight Center Metromover Station. The Property currently provides a Riverwalk (varying in width) which provides a connection to the existing Riverwalk network to the west and under the SE 2 AvenueBrickell Avenue bridge to the east. II. The Project The Applicant is proposing to amend the City Charter via a referendum to expand the existing lease term for the Hyatt Regency and expand the leased premises to include the JLKC land. In connection with the Charter Amendment, the Applicant proposes to redevelop the Property into a cohesive mixed -use development consisting of new residential, lodging, meeting space, and retail uses. The Applicant will present a complete site plan for the proposed design of the Project to the Miami River Commission and the Urban Infill & Greenways Committee during the site plan approval process following approval of the proposed Charter amendment. The Project will include the following: 1. 50-foot waterfront setback even though the site has a platted 20-foot waterfront walkway and is listed as an exempt site in the City Charter. 2. Accessible Riverwalk in compliance with Section 3.11 of Miami 21 including the applicable Waterfront Design Standards of Appendix B and the Baywalk Riverwalk Design Standards and Guidelines. 3. Signage in compliance with the Miami River Greenway: Wayfinding and Environmental Graphics Specifications. 4. Working Waterfront covenant in compliance with Policy PA-3.1.9 of the Miami Comprehensive Neighborhood Plan. The Project's design will be centered around a proposed New Riverfront for All which will consist of new and inviting public spaces along the Miami River including a new Riverwalk. The Project complies with the Miami City Charter waterfront setback by providing a minimum fifty (50) foot setback along the Miami River. The proposed Riverwalk will enhance the existing connection with the Miami River Greenway to the west and create a new connection underneath the SE 2 AvenueBrickell Avenue bridge to the east. This proposed connection along the Miami River Greenway will allow cyclists and pedestrians to travel from the South Miami Avenue bridge all the way to Maurice Ferre Park along the Miami River and Biscayne Bay. 2EEEpbeM Traurig, P.A. I Attorneys at Law www.gtlaw.com 2 Brett Bibeau Miami RiverBridge May 24, 2022 Submitted into the public record for item(s) REA, RE.S, PZ.7 and PZ.10 on 7-28-2022 , City Clerk The Project will be a signature development that will introduce new uses that will contribute to and support the growth of Downtown Miami. The proposed redevelopment of the Property will be guided by the Lower River design development regulations of both the Miami River Greenway Action Plan and the Miami River Greenway Regulatory Design Standards. The Project will be a major improvement to the Property, the Miami River, and the City at large. The Project will activate this segment of the waterfront and enhance the Miami River's status as a regional economic and recreational hub. The proposed development with a mix of residential hotel, commercial, and meeting space uses is precisely the type of development the Miami Comprehensive Neighborhood Plan's Port of Miami River Sub -Element emphasizes when it lists the economic development of the Miami River through job creation and employment opportunities as one of its goals. The proposed uses will transform this underutilized and outdated Property into a vibrant waterfront mixed -use complex that will create numerous employment opportunities and bring unparalleled opportunities to the area. III. Miami River Greenway Action Plan The proposed improvements are in compliance with the stated recommendations and goals of the Miami River Greenway Action Plan (the "MRGAP"). Pursuant to the MGRAP, the Property is located in the Lower River section of the Miami River. The MGRAP Lower River Recommendations plan states "[tjhe key Greenway design development recommendations for the lower river section are to complete the Miami Riverwalk." The Property is currently fenced off from the existing Riverwalk to the east. The planned improvements at the Property include the creation of an inviting and accessible Riverwalk connection underneath the Brickell Avenue bridge as recommended by the MRGAP. The MRGAP seeks to create a viable Miami River. The Project meets the stated goals and objectives of the MRGAP. The following describes just a few of the MRGAP goals complied by the proposed improvements at the Property: • Goal 1: Improves Access to the River o The proposed public access waterfront walkway and riverwalk at the Property will remove the existing barriers at the site which limit public access to, and enjoyment of, the Miami River. The Project will comply with the applicable Miami Riverwalk standards. o The proposed public access waterfront walkway and Riverwalk will provide landscaping, seating, and gathering areas creating an inviting access point for the public to engage with the Miami River. Greenberg Tramig, P.A. I Attorneys at law www.gtiaw.com 3 Brett Bibeau Miami RiverBridge May 24, 2022 Submitted into the public record for item(s) REA, RE.S, PZ.7 and PZ.10 on 7-28-2022 , City Clerk • Goal 2: Sustain the "Working River" Industries of the Miami River o The Project will generate significant employment opportunities along this portion of the Miami River by introducing new hotel, retail and meeting uses. • Goal 4: Serve as a Destination Landscape for Metro Miami o The proposed Riverwalk provide various access points that will attract visitors and residents to the Miami River. Additionally, the proposed uses at the site will attract many visitors and professionals to the Miami River. o The Project will open to the public a section of the Miami River which has been inaccessible for many years. • Goal 5: Encourage a Compatible Land Use Vision for the River o The proposed residential, hotel, commercial, and other uses at the Property will further promote diversity of land uses along the Miami River and complement the existing neighboring uses. The proposed Project will revitalize the Property and provide a unique economic development opportunity to the Miami River and the greater Miami area. We look forward to continuing to work and cooperate with the Miami River Commission on this exciting project. Should you have any questions, please feel free to contact me. Thank you for your attention and favorable consideration of this matter. Sincerely, Iris V. Escarra Greenberg Traurig, P.A. I Attorneys at law www.oaw.com 4 This instrument is prepared by: Iris Escarra Greenberg Traurig 333 SE 2 Avenue, Suite 4400 Miami, FL 33131 Submitted into the public record for item(s) REA, RE.5, PZ.7 and PZ.10 on 7-28-2022 , City Clerk Reserved for Recording DECT Au s TION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENT that the undersigned MV Real Estate Holdings, LLC, a Florida limited liability company ("Owner") hereby makes, declares and imposes on the land herein described, this Restrictive Covenant (the "Covenant") running with title to the land contained herein, which shall be binding on Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the fee simple title holder to certain properties located at 114/200 SW North River Drive and 300 SW 2 Street, all located in Miami, Florida, more particularly described in Exhibit "A" (collectively, the "Property") attached hereto and incorporated herein; and WHEREAS the Owner seeks an Exception, Warrant, and Waivers application to permit the redevelopment of the Property with Lodging, Commercial, and other related uses at the Property including a fish market (the "Application"); and WHEREAS, the Property is also governed by the Port of Miami River Sub -Element and identified as Category A therein; and WHEREAS, the Owner voluntarily proffers this Covenant acknowledging and accepting the presence of the existing Working Waterfront 24-hour operations, as permitted, and providing for certain other improvements to the portion of the Property abutting the Miami River; and NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Owner, Owner hereby agrees as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. 2. Restrictions. Owner covenants the following: Submitted into the public record for items) REA, RE.5, PZ.7 and PZ.10 on 7-28-2022 , City Clerk 114/200 SW North River Drive and 300 SW 2 Street Restriction a. The Property shall be developed pursuant to the Riverside Wharf Site Plan (the "Site Plan"), as prepared by Cube3, LLC and dated , 2021, a copy of which is attached as Exhibit "C". b. The Owner shall limit development on the Property in accordance with the D3 Transect Zone regulations of Miami 21 Code including the density limitations therein. c. The Owner shall operate the Property in accordance with the Site Plan. d. The Owner shall not seek to reduce the number of recreational wet - slips along the Miami River, except as required by the United States Coast Guard, the Miami -Dade County Department of Regulatory and Economic Resources, or as required by other regulating agencies with appropriate jurisdiction. e. Owner recognizes that legally permitted existing Working Waterfront 24-hour operations currently exist proximate to the Property. Therefore, Owner agrees: i. not to object or otherwise attempt to impede any legally permitted Working Waterfront 24-hour operations; I to provide all future tenants and prospective owners of the Property notice of the existing Working Waterfront 24-hour operations and will include a provision to agree not to object to legally permitted Working Waterfront 24- hour operations in each lease and or Condominium Sale Documents, if applicable; iii. that it is solely the Owner's responsibility to design its structures to accommodate legally permitted Working Waterfront 24-hour operations; and iv. that it will not pursue any claims for liability, loss or damage, whether through litigation or otherwise, against permittees engaging in Working Waterfront 24-hour operations, related to, noise, smoke, fumes, federally regulated bridge openings, and/or other quality of life issues that might result from legally permitted Working Waterfront 24-hour operations. f. The Owner shall construct a publicly accessible Riverwalk in accordance with the Miami River Greenway Action Plan and Miami 21 Code Waterfront Standards and as consistent with the Site Plan requiring review and approval by the City of Miami's Planning Department and the Office of Zoning. Submitted into the public record for item(s) REA, RE.5, PZ.7 and PZ.10 114/200 SW North River Drive and 300 SW 2 Street on 7-28-2022 , City Clerk Restriction 3. Covenant Running with the Land. This Covenant on the part of the Owner shall constitute a covenant running with the land and shall be recorded by Owner within ten (10) days of acceptance by the City of Miami ("City"), at Owner's expense, in the Public Records of Miami -Dade County, Florida, and same shall remain in full force and effect and be binding upon the undersigned Owner, and its heirs, successors, and assigns until such time as the Covenant is terminated, modified, or released. These restrictions during their lifetime shall be for the benefit of, and be a limitation upon, all present and future owners of the subject Property and for the public welfare. The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless this Covenant, pursuant to Section 2 and Section 4 herein, is released in writing by the following: (i) then owners of the Property AND (ii) the City's Directors of the Department of Planning and the Department of Zoning subject to the approval of the City Attorney as to legal form, or their respective designees or successors. 4. Modification, Amendment, Release. This Covenant may be modified, amended, or released as to the land herein described, or any portion thereof, by a written instrument executed by the then owner(s) of the fee simple title to the Property, or any portion thereof, provided that the same is reviewed by the Miami River Commission, Planning Director and Zoning Director for an advisory recommendation and approved by the City of Miami City Commission. Should this Declaration be so modified, amended, or released, the Directors of the Departments of Planning and Zoning or the executive officer of a successor department, or their designees or successors, shall execute a written instrument effectuating and acknowledging such modification, amendment, or release, at the direction of the City Commission subject to the City Attorney, or successor or designee, as to legal form. 5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City may have the right at any time during the normal working hours of the City's inspector to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. Enforcement shall be by action against any parties or person violating or attempting to violate any covenant contained herein. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. 6. Election of Remedies. All rights, remedies, and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Covenant, which shall remain in full force and effect. Submitted into the public record for item(s) REA, RE.5, an d nd PZ.10 on 7-PZ.7 a 2 , City Clerk 114/200 SW North River Drive and 300 SW 2 Street Restriction 8. Recording. This Covenant shall be filed of record in the public records of Miami -Dade County, Florida at the cost of the Owner following the full approval of the Application and expiration of any appeal period. This Covenant shall become effective immediately upon recordation. Notwithstanding the previous sentence, if any appeal is filed, and the disposition of such appeal results in the denial of the Application, in its entirety, then this Covenant shall be null and void and of no further effect. Upon the disposition of an appeal that results in the denial of the Application, in its entirety, and upon written request, the Directors of the Planning and Zoning Departments, or their designees or successors, shall forthwith execute a written instrument, in recordable form, acknowledging that this Covenant is null and void and of no further effect, subject to the City Attorney, or successor or designee, as to legal form. 9. No Vested Rights. Nothing in this covenant shall be construed to create any vested rights whatsoever to the Owner, its successors and assigns. [Signature Page to Follow] Submitted into the public record for item(s) REA, RE.5, an d nd PZ.10 on City Clerk 114/200 SW North River Drive and 300 SW 2 Street 7-PZ.7 a 2 Restriction Signed, witnessed, executed and acknowledged this _ day of , 2021. STATE OF FLORIDA COUNTY OF MIAMI DADE MV Real Estate Holdings, a Florida limited liability company By_ Name: Title: SS. The foregoing instrument was acknowledged before me this _day of _, 2021, by , as of MV Real Estate Holdings, LLC, a Florida limited liability company, who is [ ] personallyknown to me, or [ ] has produced ,.as identification and she acknowledged before me that he executed the same, freely and voluntarily, forthe purposes therein expressed. Name: Notary Public, State of CommissionNo. APPROVED: Submitted into the public record for item(s) REA, RE.5, PZ.7 and PZ.10 on 7-28-2022 , City Clerk LIM 114/200 SW North River Drive and 300 SW 2 Street Restriction Cesar Garcia Pons, Director of Planning and Zoning APPROVED AS TO LEGAL FORM AND CORRECTNESS: By: Victoria Mendez, City Attorney SGreen bergTraurig November 30, 2021 Updated December 7, 2021 Via Hand Delivery Brett Bibeau Managing Director Miami River Commission 1407 NW 7th Street # 1 Miami, Florida 33125 Submitted into the public record for item(s) REA, RE.S, PZ.7 and PZA0 on 7-28-2022 , City Clerk Iris V. Escarra Tel. 305-579-0737 Fax 305-961-5737 escarrai@gtlaw.com Re: Riverside Wharf / 114/200/236/298 SW North River Drive and 300 SW 2 Street (collectively, the "Property") Dear Mr. Bibeau: Our firm represents MV Real Estate Holdings, LLC (the "Applicant"), in connection with the redevelopment of the above -referenced Property, as depicted in the enclosed site plan prepared by Cube3, LLC (the "Site Plan" or "Project"). Please note that the Applicant is the owner of the parcels located at 114/200 SW North River Drive and 300 SW 2❑d Street and is the lessee of the parcels located at 236/298 SW North River Drive. On behalf of the Applicant, please accept this correspondence and the enclosed materials as the Applicant's request for a recommendation from the Miami River Commission in support of the proposed Project. I. Property Information The Property is a narrow, irregularly shaped lot located on the East bank of the Miami River fronting SW North River Drive, between the SW lst Street bridge and the I-95 overpass. The Property is located in the Lower River section, within the downtown area of the City which continue to experience rapid population growth and business expansion. The Property is surrounded by multi -family residential, office, marine industrial and commercial developments. Under Miami 21, the Property is zoned D3. The City's Future Land Use Map designates the Property as Industrial. On December 10, 2020, the City Commission adopted Ordinance No. 13938. Ordinance No. 13938 amended the Industrial Land Use designation to include the following language: Lodging uses are permitted in this designation subject to certain limiting provisions in the applicable land development regulations. Areas designated "industrial" allow a maximum density of "Medium Density Multifamily Residential" subject to limiting provisions of the applicable land development regulations. Development GREENBERG TRAURIG, LLP ■ ATTORNEYS AT LAW ■ WWW.GTLAW.COM 3333 Southeast Second Avenue 0 Miami, FL 33131 0 Tel 305-579-0500 ■ Fax 305-4579-0717 Riverside Wharf MRC Letter of Intent Submitted into the public record for item(s) REA, RE,S, PZ.7 and PZ.10 on 7-28-2022 , City Clerk shall be subject to the Port of Miami River Sub -Element, as applicable. All uses must comply with any previous settlement agreements the City has entered into relating to recreational and commercial working waterfronts and the Miami River and not impair recreational and commercial working waterfronts as defined in Section 342.07, Florida Statutes Likewise, Ordinance 13962 was adopted by the City Commission which amended Miami 21 to permit Lodging Uses in the D3 1'ransect Zone, subject to the Exception process with City Commission approval. Lodging Uses in the D3 Transect Zone are limited to the north side of the Lower River as established in the Miami River Corridor Infill Plan and Miami River Greenway Action Plan, defined as the area from Biscayne Bay to the Fifth Street Bridge. The north portion of the Property is currently improved with temporary structures operating under a Temporary Use Permit. The south portion of the Property is the former Garcia's fishery area used for offloading caught fish. Garcia's will return to the Project as part of the fish market. According to the enclosed survey prepared by Manuel G. Vera & Associates, Inc. (the "Survey"), the Property consists of a total lot area of 58,753 square feet or 1.35 acres. The Property is located within a Transit Oriented Development (TOD) as it is within half mile of the Government Center Metrorail/Metromover Station. GREEN13ERG TRAURIG, LLP ■ ATTORNEYS AT LAW ■ WWW.GTLAW.COM 2 Riverside Wharf MRC Letter of Intent II. The Project Submitted into the public record for item(s) REA, RE.5, PZ.7 and PZ.10 on 7-28-2022 . City Clerk The Applicant is proposing to improve the Property with a mixed -use Project consisting of two (2) interconnected buildings. The Project contains 174 lodging units and 87,539 square feet of commercial space, along with related amenities and parking. The commercial space includes restaurants and a fish market featuring locally caught fish. The Project provides a contemporary design that draws inspiration from the history of the Miami River and its industrial character. The Project's design reflects the openness and connectivity of the Miami River allowing for natural light and breezes. The proposed architectural palette includes organic materials that are in harmony with the Property's setting inspired by lobster traps. The Project's design also responds primarily to human scale and pedestrian interests. The FrojcCi uses its waicriiu►u location to provide ciliiaiit cd public aCGcSS t0 the ivuaiiu nivci. i iic Project will provide an inviting public riverwalk with landscaping and other improvements in accordance with the City's waterfront design standards. The proposed riverwalk creates a unique space which promotes pedestrian interaction. The Project has been designed to make views of the Miami River the focal point. The Project will be a signature development that will introduce new uses to support the multiple multifamily residential uses in the vicinity of the Property as well as provide activation along the River. Our development team has carefully designed the buildings to he interconnected at various levels and proposed uses which complement each other to create a true riverfront experience. The proposed uses and redevelopment of the Property are guided by the Lower River design development regulations of both the Miami River Greenway Action Plan and the Miami River Greenway Regulatory Design Standards. The Project will be a major improvement to the Property, the Miami River, and the City at large. The Project will activate this segment of the waterfront and enhance the Miami River's status as a rei4ional economic hub. The proposed development with a mix of commercial and lodging uses is precisely the type of development the Miami Comprehensive Neighborhood Plan's Port of Miami River Sub -Element emphasizes when it lists the economic development of the Miami River through job creation and employment opportunities as one of its goals. The proposed uses will transform this underutilized Property into a vibrant waterfront mixed -use complex that will create numerous employment opportunities and bring unparalleled attention to the area. The Project offers a water dependent facility, open to the public, offering public access by vessels to the waters of the state. The onsite Food Service Establishments maintain a water - dependent use by emphasizing local seafood and space for commercial fishing vessels to unload and sell their seafood at the fish market. The Project serves to meet the intent of the Port of Miami River Element of the City of Miami Comprehensive Plan as the Project emphasizes the economic development of the Miami River through job creation and employment opportunities which currently are not provided for the adjacent residential community and the access provided will serve to increase the economic viability of the existing waterfront industrial site. In addition, the Miami River Greenway Action Plan states as Goal Number 4, that the Miami River serves as a GREENBERG TRAURIG, LLP ■ ATTORNEYS AT LAW ■ WWW.GTLAW.COM 3 Riverside Wharf MRC Letter of Intent Submitted into the public record for item(s) REA, RE.5, PZ.7 and PZ.10 on 7-28-2022 , City Clerk "destination landscape" which includes "diversify[ing] the land use and destinations found along the River to include more restaurants, retail shops and other River -related business uses." III. Miami River Greenway Action Plan The proposed improvements are in compliance with the stated recommendations and goals of the Miami River Greenway Action Plan (the "MRGAP"). Pursuant to the MGRAP, the Property is located in the Lower River section of the Miami River. The Project includes activation of the riverfront. The MGRAP recommends that "On the north riverbank, it would be ideal to link the City office building to Lummus Park with a Riverwalk component." The Property does not provide access to the Miami River currently aside from the portion activated under the temporary use permit. The portion of the Property formerly occupied by Garcia's provides no water access to the public. The planned improvements at the Property include an inviting and accessible riverwalk, which will provide various public access points to the Miami River, fulfilling the goals of the MRGAP. The proposed riverwalk primary connection to SW North River Drive is a grand plaza with unparalleled views of the Miami River. Miami 21 requires a Waterfront Setback of 25% of the Lot Depth (which varies at the Property), and the Project provides a minimum clear circulation path of 12' in width for the Riverwalk. As depicted in the image below from the MRGAP's Illustrative Concept Plan, the proposed public access waterfront walkway and riverwalk at the Property comply with the MGRAP's goal of creating a fluid and accessible riverwalk as envisioned by community stakeholders. GREENBERG TRAURIG, LLP M ATTORNEYS AT LAW ■ WWW.GTLAW.COM 4 Riverside Wharf MRC Letter of Intent Submitted into the public record for item(s) RE.4, RE.5, PZ.7 and PZ.10 on 7-28-2022 , City Clerk The MRGAP seeks to create a viable Miami River. The Project meets the stated goals and objectives of the MRGAP. The following describes just a few of the MRGAP goals complied by the proposed improvements at the Property: Goal 1: Improves Access to the River o The proposed public access waterfront walkway and riverwalk at the Property will remove the existing harriers at the site which limit public access to, and enjoyment of, the Miami River. The Project has been designed to provide unparalleled views of, and access to, the Miami River. The Project will also add a publicly accessible Riverwalk where there is no Riverwalk today. o The proposed public access waterfront walkway and riverwalk will provide landscaping and seating areas creating an inviting access point for the public to engage with the Miami River. o The proposed redevelopment of the Property with a waterfront Food Service Establishment will further enhance the public's access and enjoyment of the Miami River as the riverfront will be activated Goal 2: Sustain the "Working River" Industries of the Miami River o The Project will generate significant employment opportunities along this portion of the Miami River by introducing new hotel and commercial uses_ 1 J U � as well as a fish market for local fishermen. Goal 4: Serve as a Destination Landscape for Metro Miami o The proposed waterfront walkway and riverwalk provide various access points that will attract visitors and residents to the Miami River. Additionally, the proposed hotel and commercial uses at the site will attract many visitors and professionals to the Miami River. o The proposed riverfront, outdoor dining at the Property creates an attractive destination for both residents and visitors to the City of Miami. o The Project will include a Riverwalk for the first time, opening to the public a section of the Miami River which has been inaccessible for many years. o The existing boat and watercraft tie-up facilities along the Miami River provide for a destination restaurant as the Property will be accessible by both land and sea. GREENBERG TRAURIG, LLP ■ ATTORNEYS AT LAW ■ WWW.GTLAW.COM 5 Riverside Wharf MRC Letter of Intent Submitted into the public record for item(s) REA, RE.S, PZ.7 and PZ.10 on 7-28-2022 City Clerk • Goal 5: Encourage a Compatible Land Use Vision for the River o The proposed commercial, hotel, and other accessory uses at the Project will further promote diversity of land uses along the Miami River and complement the existing neighboring uses. o The proposed restaurant at the Property provides an appropriate use as this area has become a destination for dining and entertainment. The recent development of nearby restaurants, each with boat access has brought a resurgence to the area, which the proposed development of the Property will further. This Project encourages the development and expansion of the Port of Miami River Working Waterfront consistent with the FLUM as well as the Coastal Management Element of the City of Miami Comprehensive Plan, as the Project does not require rezoning, a comprehensive plan change or a FLUM amendment. This Project is also conducive to Chapter 342, Florida Statutes, which creates the recreational and commercial working waterfront and recognizes there is an important state interest in facilitating boating and other recreational access to the state's navigable water_ § 342.07, Fla. Stat. (2021). The Project achieves the goals of ensuring that people have access to and use of navigable water. Section 342.07(s) also defines "recreational and commercial working waterfront" as "a parcel or parcels of real property which provide access for water -dependent commercial activities, ... or provide access for the public to the navigable waters of the state." § 342.07, Fla. Stat. (2021). The Project also satisfies "direct access to or a location on, over, or adjacent to a navigable body of water"; is "open to the public and offer public access by vessels to the waters of the state or that are support facilities for recreational, commercial, research, or governmental vessels." Relevant here, the state legislature has identified such establishments to include public lodging establishments, docks, 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. The proposed Project will revitalize the Property and provide a unique economic development opportunity to the Miami River and the greater Miami area. In addition to the proposed improvements, the Annlicant has completed seawall restoration on the north portion of the Property and is in the process of obtaining the required permits for the south portion of the Property, which will improve the resiliency of the Property and area as a whole. We look forward to continuing to work and cooperate with the Miami River Commission on this exciting project. Should you have any questions, please feel free to contact me. Thank you for your attention and favorable consideration of this matter. Sincerely, t rig Exzwra• Iris V. Escarra GREENBERG TRAURIG, LLP ■ ATTORNEYS AT LAW ■ WWW.GTLAW.COM 6