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Home My WebLink AboutSubmittal-Brett Bibeau-Miami River Commission Advisory Recommendations• Jr Policy Committee: Governor of State of Florida Mr. Rick Scott Designee: Ms. Patricia Harris Chair of Miami -Dade Delegation Representative Jose Felix Diaz Designee: Rep. David Richardson Chair of Governing Board of South Florida Water Management District Mr. Daniel O'Keefe Designee: Ms. Sandy Batchelor Miami -Dade State Attorney Ms. Katherine Fernandez -Rundle Designee: Mr. Gary Winston Mayor of Miami -Dade County Mayor Carlos Gimenez Designee: Mr. Frank Balzebre Mayor of Miami Mayor Tomas Regalado City of Miami Commissioner Commissioner Frank Carollo Miami -Dade County Commissioner Commissioner Bruno Barreiro Designee: Ms. Marlene Avalo Chair of Miami River Marine Group Mr. Bruce Brown Designee: Mr. Richard Dubin Chair of Marine Council Mr. Ed Swakon Designee: Mr. Phil Everingham Executive Director of Downtown Development Authority Ms. Alyce Robertson Designee: Mr. Eric Riel Chair of Greater Miami Chamber of Commerce Mr. Barry Johnson Designee: Ms. Sandy O'Neil Neigborhood Representative Appointed by City of Miami Commission Dr. Ernest Martin Neigborhood Representative Appointed by Mlami-Dade Commission Ms Sallye Jude Representative from Environmental or Civic Organization Appointed by the Governor Mr. Horacio Stuart Aguirre Member at Large Appointed by the Governor Mr. Jay Carmichael Member at Large Appointed by Miami -Dade Commission Ms. Sara Babun Designee: Mr. Duber Lazardo Member at Large Appointed by City of Miami Commission Mr. Manny Prieguez Managing Director Mr. Brett Bibeau ' T11 250% bu'lb Miami River Commission City of Miami Commission 3500 Pan American Drive Miami, FL 33133 c/o Robert King High 1407 NW 7th Street, Suite D Miami, Florida 33125 Office: (305) 644-0544 email: miamiriver@bellsouth.net www.miandrivercorntnission.org November 16, 2017 Submitted into the ubli record for ite s t, l`J i ., b on A t) . City Jerk Re: MRC Advisory Recommendations Re FR.2, PZ.3, PZ.15&16 Dear City Commissioners: FR.3 (Riverwalk) — While this specific new ordinance hasn't been considered by the Miami River Commission (MRC), it further advances implementation of the Miami River Greenway Action Plan, which was adopted by the MRC and the City of Miami. PZ-3 (Appeal of Warrant) - During a public meeting held on January 23, 2017, the Miami River Commission (MRC) considered this Warrant application, which was subsequently approved by the City of Miami. The MRC's subject adopted public meeting minutes state in part: "Ms Sandy O'Neil made a motion for the MRC to adopt the MRC Urban Infill Subcommittee Chairman Jim Murley and MRC Greenways Subcommittee Chairman Ernie Martin's suggestion for the MRC to recommend approval of the updated subject warrant proposal with the following conditions: 1) site demonstrates continued marine use 2) site demonstrates public Riverwalk per approved plans and letter of intent 3) conduct seawall inspection and improvements if needed The motion failed by a vote of 6-5. MRC Chairman Aguirre asked if anyone wanted to make another motion for consideration, and no other motions were made." Therefore, the MRC did not recommend this project as proposed. tAeav - �av�� (cc0‘tA040\:1a Policy Committee: Governor of State of Florida Mr. Rick Scott Designee: Ms. Patricia Harris Chair of Miami -Dade Delegation Representative Jose Felix Diaz Designee: Rep. David Richardson Chair of Governing Board of South Florida Water Management District Mr. Daniel O'Keefe Designee: Ms Sandy Batchelor Miami -Dade State Attorney Ms. Katherine Fernandez -Rundle Designee: Mr. Gary Winston Mayor of Miami -Dade County Mayor Carlos Gimenez Designee: Mr. Frank Balzebre Mayor of Miami Mayor Tomas Regalado City of Miami Commissioner Commissioner Frank Carollo Miami -Dade County Commissioner Commissioner Bruno Barreiro Designee: Ms Marlene Avalo Chair of Miami River Marine Group Mr. Bruce Brown Designee: Mr. Richard Dubin Chair of Marine Council Mr. Ed Swakon Designee: Mr. Phil Everingham Executive Director of Downtown Development Authority Ms. Alyce Robertson Designee: Mr. Eric Riel Chair of Greater Miami Chamber of Commerce Mr. Barry Johnson Designee: Ms Sandy O'Neil Neigborhood Representative Appointed by City of Miami Commission Dr. Ernest Martin Neigborhood Representative Appointed by Miami -Dade Commission Ms Sallye Jude Representative from Environmental or Civic Organization Appointed by the Governor Mr. Horacio Stuart Aguirre Member at Large Appointed by the Governor Mr. Jay Carmichael Member at Large Appointed by Miami -Dade Commission Ms. Sara Babun Designee: Mr. Duber I a7ardo Member at Large Appointed by City of Miami Commission Mr. Manny Prieguez Managing Director Mr. Brett Bibeau Miami River Commission do Robert King High 1407 NW 7" Street, Suite D Miami, Florida 33125 Office: (305) 644-0544 email: miamiriver@beelsouth.net www.miandriverconunission.org Submitted into the bli record for,ite (s) ,3,�Z.1 i RZ. 16 on II ! I ()1 I'1 City Clerk PZ.15&16 — Land Use and Zoning Amendments at 2222-2260 NW North River Drive During a public meeting held on October 2, 2017, the Miami River Commission (MRC) considered this application to amend Zoning and Land Use. The MRC unanimously (10-0) recommended approval of the proposed development at 2222-2260 NW North River Drive with the following 2 conditions: 1) The public Riverwalk and side yard connectors be provided as presented in plans, letter of intent, and voluntary covenant 2) Maintain recreational vessel dockage as presented Your time and continued strong support for the Miami River District are appreciated. Sincerely, co a. Brett Bibeau Managing Director, Miami River Commission This instrument is prepared by (and after recording ) please return this instrument to: Carlos Lago Greenberg Traurig 333 SE 2 Avenue, Suite 4400 Miami, FL 33131 Submitted into the ;.Ile record f r itgrn(s) on 1ti�tf19 1r lb ity Clerk Reserved ror Recording RESTRICTIVE COVENANT KNOW ALL MEN BY THESE PRESENT that the undersigned JMG Miami River, 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 heir, grantees, successors and assigns, personal representatives, mortgagees,lessees, and against all persons claiming by, through or under them. WHEREAS, Owneris the fee simple title holder to ce : operties located at 2222 and 2260 NW North River Drive, all located in Miami? Florida, m ' - particularly described on Exhibit "A" (collectively, the Property") attached hereto kW incorporated herein, which are the subject of a Rezoning application for the Property, from T3-O to T4-R under Miami 21; and WHEREAS, the Property is currently the subject of a Comprehensive Plan amendment from Duplex Residential on the City's Future Land Use Map to Low Density Multifamily Residential; and WHEREAS, the Owner voluntarily proffers this Covenant acknowledging and accepting the presence of the existing Working Waterfront 24-hour operations, as permitted; and WHEREAS, the Port of Miami River has a designated Federal Navigable Channel featuring numerous job generating businesses, including International Shipping Terminals, Boatyards, Marinas, Tug Boat Basins, Commercial Fishing, etc.; and NOW, THEREFORE, Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Owner, and their heirs, successors, and assigns, as follows: 1. Recitals. The foregoing, recitals are true and correct and are incorporated herein as if repeated at length. Submitted into the lie z7 record f ite,i;�(s) , V on \\ ! 1_ ity Clc,rk 2. Restrictions. Owner covenants the following: a. The Property will be developed in accordance with the Miami River Greenway Action Plan and the Miami River Corridor Urban Infill Plan where possible. b. Owner recognizes that legally permitted existing Working Waterfront 24-hour operations may 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; ii. to provide all tenants and prospective owners of the Property no ;:`' 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 Condcdtinium Sale Documents; iii. that it is solely the Owner's responsibility to design its structures to accommodte legally permitted Working Waterfront 24-hour operations; and iv ;tat it will not pursue any claims for liability, loss or age, whether through litigation or otherwise, against ittees engaging in Working Waterfront 24-hour ations, related to, noise, smoke, fumes, federally egulated bridge op rings, and/or other quality of life issues might result from legally permitted Working Waterfront 24'. hour operations. c. Thrshall be no net loss of the number of recreational wet -slips alonf,ie Miami River, except as required by the United States CoasQ uard, the Miami -Dade County Department of Regulatory and omic Resources, or as required by other regulating agencies t propriate jurisdiction. d. firmer shall allow public access to a Riverwalk to be constructed as part of a future redevelopment of the Property. 3. Covenant Rutrrnin2 with the Land. This Covenant on the part of Owner shall constitute a covenant running with the land and shall be recorded, at Owner's expense, in the Public Records of Miami -Dade County, Florida, and 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 Property and for the public welfare. Submitted into thc,oubl record for iter (s) City Clerk 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 4 below, is released in writing by the following: (i) then owners of the Property AND (ii) the Director of the Department of Planning and Zoning of the City of Miami (the "Director"), subject to the approval of the City Attorney as to legal form, or their respective designees or successors. 4. Modification, _�nterlrlrrent. Rele4see 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 and approved by the Director. Should this Declaration be so modified, amended, or released, the Director or the executive officer of a successor department, or, in the absence of such Director or executive officer, by his or her assistant in charge of the office in his/her office, shall execute a written instrument effectuating and acknowledging such modification, amendment, or release, 5. Enforcement. Enforcement shall be by action againstany parties or person violating, or attempting to violate aty covenant contained herein. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. 6. lteon,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 electionof remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remed ies or privileges. 7. Recordimz, This Covenant shall be filed of record in the Public Record. of Miami -Dade County, Florida at the cost of the Owner. Owner shall provide the Director with a copy within thirty (10) days of recordation. [Signature Page to Follow] Submitted into the blic record for teits) ,� .1�3•� on 1� � ri ity Clerk Signed, witnessed, executed and acknoww ledged this day of , 2017. JMG Miami River, LLC, a Florida limited liability company By: STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE The foregoing instrument was acknowledged before me this„ _ of _ 2017, by `' .; ,,_, who is pertly known to me, or has produced itiitification an df a acknowledged before me that he executed the same, freely and voluntarily, fir the purposes therein ressed. Name: Notary public, State of Commission No. rcia, Director of Planning and Zoning APPROVED AS TO LEGAL FORM AND CORRECTNESS: By: Victoria Mendez, City Attorney Submitted into theiR record f r ite i(s) V on 1`i1Lifr) Exhibit "A" The Property ity Clerk Lot A of WASHBURN'S 2ND ADDITION, according to the Plat thereof, as recorded in Plat Book 6 at Page 1 of the Public Records of Miami -Dade County, Florida, less approximately 6 feet on the southern boundary line; AND all of Lots E and F of WASHBURN'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 4 at Page 112 of the Public Records of Miami -Dade County, Florida. FOLIO NUMBERS: 01-3134-028-0241 and 01-3134-0 LOCATION: 2222 and 2260 NW North River Drive,'Miami, 125