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
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