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HomeMy WebLinkAboutSubmittal-Brett Bibeau-Miami River Commission Recommendation Letter,Polis`v Committee: Governor of State of Florida Mr. Ron DeSantis Designee: Ms. Patricia Harris Chair of Miami -Dade Delegation Senator Ana Maria Rodriguez Designee: Senator I lean Garcia Chair of Governing Board of South Florida Water Management District Mr. Chancey Goss Designee: Mr. Scott Wagner Miami -Dade State Attorney Ms. Katherine Femandez Rundle Designee: Mr. David Maer Mayor of Miami -Dade County Mayor Danieila Levine Cava Designee: Mr. Jinni Morley City of Miami Mayor Mayor Francis Suarez Designee: Ms. Megan Kelly City of Miami Commissioner Commissioner Alex 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 Council Mr. Michael Karcher Designee: Mr. Phil Everingham 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 Representative Appointed by City ofMhrmi Commission Dr. Ernest Martin Designee; Mr. Torn Kimen Neigborhood Representative Appointed by Miami -Dade Commission Ms. Sallye Jude Designee: Mr. Mike Simpson Representative from Environmental or Civic Organization 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 Commission Ms. Sara 13abun Designee: Ms. Roseivic Noguera Member at Large Appointed by City of Miami Commission Miami River Commission clo Robert King High 1407 NW 7th Street, Suite 2 Miami, Florida 33125 Office: (305) 644-0544 BrettBibeau@MiamiRiverCommission.org ww W.imllami rivercommission. org May 26, 2022 City of Miami Commission 3500 Pan American Drive Miami, FL 33133 Re: Miami River Commission's Recommendation on RE.6 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 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 required working river disclosure. The presenters stated the project will activate the public Riverwalk, which will connect in all directions as required by code. The project features the Dream luxury hotel, 2 restaurants, Garcia's Seafood Fish Market, event space, nightclub, and managed dockage with a dockmaster, etc. Please see attached presented Letter of Intent and Voluntary Restrictive Covenant for more details. In addition, the project will make enhancements to the connecting existing public Riverwalk beneath 1-95, such as improved lighting. The public 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 I appreciate your time and support for the Miami River District. Sincerely, Brett Bibeau Managing Director, Miami River Commission z n Maaginng Director l Mrnang ibeau l Itlrvl l i i�'4 �'i CO1tV)\ This instrument is prepared by: Iris Escarra Greenberg Traurig 333 SE 2 Avenue, Suite 4400 Miami, FL 33131 Stitth#tted into the pty +tic recot for it s) on -City Clerk Reserved for Recording DECLARATION 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 Miatni 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: I. 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 pu record for itfrn(s) Clerk one' t ti _M_ 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; ii. 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 Wateifront 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 p record for . tem(s) on City Clerk 114/200 SW North River Drive and 300 SW 2 Street 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 fora 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, Armendment, 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. Severabilitv. 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 pub recor for i m(s) on 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 fox 'tem(s) �fJ on ` City Clerk 114/200 SW North River Drive and 300 SW 2 Street Restriction Signed, witnessed, executed and acknowledged this day of , 2021. MV Real Estate Holdings, a Florida limited liability company By: Name: Title: STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE 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 [ ] personally known to me, or [ ] has produced ,asidentitication and she acknowledged before me that he executed the same, freely and voluntarily, for the purposes therein expressed. APPROVED: Name: Notary Public, State of Commission No. Submitted into the p +lic recor for i em(s) on City Clerk By: 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 GT GreenbergTraurig Via Hand Delivery Brett Bibeau Managing Director Miami River Commission 1407 NW 7th Street # 1 Miami, Florida 33125 Submitted into the p lic reco for ' em(s)� on , _ , . City lerk November 30, 2021 Updated December 7, 2021 Iris V. E<searra Tel. 305-579-0737 Fax 305-961-5737 esearrai@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 1 st Street bridge and the 1-95 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 • Miami. FL 33131 • Tel 305-579-0500 • Fax 305-4579-0717 Riverside Wharf MRC Letter of Intent Submitted into the pu'+Ii recor for .tem(s) ��1 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 Transect 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. GREENBERG TRAURIG, LLP ■ ATTORNEYS AT LAW ■ WWW.GTLAW.COM 2 Riverside Wharf MRC Letter of Intent II. The Proiect Submitted into the pu recofifor i m(s) 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 Project uses its waterfront location to provide enhanced public access to the Miami River. The 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 be 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 regional 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 TRAUR[G, LLP • ATTORNEYS AT LAW ■ WWW.GTLAW.COM 3 Riverside Wharf MRC Letter of Intent Submitted into the pu lic kfi recor for it m(s) on 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 I T 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 • ATTORNEYS AT LAW • WWW.GTLAW.COM 4 Riverside Wharf MRC Letter of Intent Submitted into the public recor for i m(s) on Aty 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 barriers 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 Iandscaping 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, 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. a 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 on Sy-1 9C) record for}i m(s) 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 Applicant 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, Irk 15 s�Ya Iris V. Escarra GREENBERG TRAURIG, LLP • ATTORNEYS AT LAW • WWW.GTLAW.COM 6