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HomeMy WebLinkAboutSubmittal-Simon Ferro-Miami Riverview Apts Powerpoint PresentationMIAMI RIVERVIEW APTS., INC. Presentation before City of Miami Commission Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk 16 -Ob05L zc Su ,� `- 5-) PAv\ �,ef to - 7`'I -Wi� ��vcrv�e� �p�s • Qbwer o�n� rNv\- ion P MIAMI RIVERVIEW APTS., INC. Presentation before City of Miami Commission INDEX 1. Requests 2. Proposed Future Use 3. The Property 4. Aerials & Zoning Map 5. Past/Current Use of Property 6. Property and Surrounding Area Photographs 7. Current Land Use Designation 8. Current Zoning Designation 9. Neighborhood Outreach 10. Miami River Commission 11. Proposed Miami Working River Covenant 12. Traffic Study (Partial) 13. Proposed Declaration of Restrictive Covenants Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk REQUESTS • 1. CHANGE THE CITY OF MIAMI COMPREHENSIVE NEIGHBORHOOD DEVELOPMENT PLAN DESIGNATION FROM MEDIUM DENSITY RESTRICTED COMMERCIAL (MDRC) TO RESTRICTED COMMERCIAL (RC). • 2. CHANGE THE MIAMI 21 ZONING DESIGNATION FROM T5 -L TO T6 -8-L Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk PROPOSED FUTURE USE • NEW, MODERN 6-8 STORY RESIDENTIAL BUILDING • NOT MORE THAN 650 RESIDENTIAL UNITS • SITE PLAN TO BE SUBMITTED IN FUTURE Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016. City Clerk THE PROPERTY • 2501/2507 NW 16T" STREET ROAD • 5.26 ACRE PLATTED PARCEL • 4.72 ACRES UPLAND • .54 ACRES SUBMERGED •OWNED/PLATTED BY MIAMI-DADE COUNTY 1972 • 558 FEET ON NORTH FORK OF MIAMI RIVER • 577 FEET ON NW 16 T" STREET ROAD Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk s 1 db Ijr. A �,Y y t q T r NCO. i � • t - , Mlami River 1 i ii" 'f z -k. � z `�'►� •, P.alnt'Manna ` ' - � ��El } • .r r ' _"F= -•ti it X •� K T 00 SHOP I I � 'I�lll JL 2�- i ttl .•I• .l. ���1-"{'- .FI- ..I I F "'^ ryParto6ello' �- �part%ents� �, __ i"�' tK' F ,fir". - •�-� NW ] 6x �, is i R uerfr • t �: 7� .. -�� , r ; �� #� nhsi/�a Res •e s ty �. ,, 1 r, ,`'.. 2501 W 16th $treat Rd t •F, �x ! �♦ •1 iii c: - ' n sho pme togtaphy A 4 dndv i L I- _ Ba atioal'io Tier, - T— 1� ) alt -.y`✓ ;,,�•r� "" _ �x -I! ,I _ .�..�.. C9nnnio. Page 1 of 2 City of Miami - Zoning AppIieation on ubrzs/zule, L¢y uerK 2!22/2016 PAST/CURRENT USE OF PROPERTY • COUNTY CONSTRUCTED IN 1973 AS HUD PUBLIC ELDERLY HOUSING PROJECT • 245 1 BEDROOM/1 BATH ROOMS EACH 600 SQ FT • FELL INTO DISREPAIR IN 1990'S AND TENANTS WERE RELOCATED • SOLD TO HIGHEST BIDDER., MR. LUIS CRUZ, IN 2000 • CURRENT USE: RENTAL APARTMENTS Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016. 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'r•� .moi' '.SII. ,+ ' ..,},. _ � ..,}il' r � - -Y ;�, w CURRENT LAND USE DESIGNATION • PROPERTY: MEDIUM DENSITY RESTRICTED COMMERCIAL (MDRC) • RESIDENTIAL DENSITY 65 UNITS PER ACRE • HOTELS, MOTELS • OFFICES • CLINICS, LABORATORIES • CONVENTION FACILITIES • SCHOOLS • RETAIL • BAN KS Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk LAND USE continued • RESTAURANTS • SALOONS • CAFES • GENERAL ENTERTAINMENT FACILITIES • MAJOR SPORTS AND EXHIBITIONS • COMMERCIAL MARINAS Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk SOUTH OF NW 16 STREET ROAD • LAND USE: MEDIUM DENSITY MULTIFAMILY RESIDENTIAL • DENSITY 65 UNITS PER ACRE Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk City of Miami - Zoning Application Page I of 2 41512016 U kD r-1 03 tM N a E N 4- •L O O U L CURRENT ZONING DESIGNATION • T5 -L • 6 STORIES • BY RIGHT: ALL TYPES RESIDENTIAL; HOTELS, MOTELS, OFFICES, RESTAURANTS, GENERAL COMMERCIAL, PLACE OF ASSEMBLY, RECREATIONAL ESTABLISHMENTS., RECREATIONAL FACLITIESJ, RELIGIOUS FACILITIES, LEARNING CENTERS, PRE- SCHOOLS, RESEARCH FACILITIES Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk CURRENT ZONING continued • BY WARRANT: ENTERTAINMENT ESTABLISHMENTS, MARINE RELATED COMMERCIAL, OPEN-AIR RETAIL, COMMUNITY FACILITIES, MARINAS, PUBLIC PARKING., TRANSIT FACILITIES, COLLEGES, UNIVERSITIES,, MIDDLE AND HIGH SCHOOLS., VOCATIONAL SCHOOLS Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016. City Clerk SOUTH OF 16 STREET ROAD • ZONING T5 -R • 65 UNITS PER ACRE • 6 STORIES Submitted into the public record for item(s) PZ -15 & 16 on 06/23/2016, City Clerk City of Miami -Zoning Application Page I of _r r i, _! . ..-/ 4/5/2016 y 1. . ! '!!t•-�P� . _ � ,.,��w,�[ �� j � K,,,�. " C:: f M Ll a 9•, �� a+,.,. �L+i `" lr ♦ •. �Terr�Ce�y •--.,rl �y ..� �\` `v.. .N� �� a �N+�1 /t �; Y �� , ml PWh �arePkw 'i.4 w:a_ : � •.c•._ �y� a�S' tS1 'i,� �, �j t f � .=0�1 !�� � � . i c• ; u �. bhw, +•Miarlh'Rlv�r i �� 1 ;,NI fuiu r. 2507 NW 16th 'St Rdfl,[ A r �• ' 4�1 Glh T€mace ��` � �' � 1 � � ^ �• r ''� �Cd' f r N,IN SRit'h ! st 01 tip' J i 7• N •y. t _r_rl'�,. ,1't t r t ` '71 I� ,,� ` . '.' �s„ 4'I�O Ittl1 IIM'1 - ` ��L o1 •%. .1,_.1.:`.r� 17 rr �e , a.rt2016 (0og10•.1 -'Y I ( t�ly�; % p, ;MI ,ate. NEIGHBORHOOD OUTREACH • CONTACTED RIVER RUN CONDOMINIUM WEEK OF FEBRUARY 15. • MET WITH PRESIDENT MARIA RIVERO AND MANAGER SHARON GASTELBONDO FEBRUARY 24. • SEE PACKAGE OF OUTREACH TO RIVER RUN • INVITED OFFICIAL MAILING LIST OWNERS TO MEETING ON MARCH 23, INCLUDING RIVER RUN ALL NEIGHBORHOOD ASSOCIATIONS PROVIDED BY THE NET OFFICE Submitted into the public record for item(s) PZ -15 & 16 on 06/23/2016, City Clerk DEAR NEIGHBOR. Miami Riverview Apartments, Inc. is the owner of to property located at 2501/22507 N.W. 6'h Street Road, Miami. This is an existing rental apartment complex located on the south side of the North Fork of the Miami River. Miami Riverview .Apatments,- Inc. recently submitted to the City of Nfiami an application to amerid the City's Comprehensive, flan designation of the property ftorn , Medium Density Restricted Commercial to Restricted Commercial. The owner also submitted an application to ambn.d the zoning designation of the property from T5-1 to T6 -8-L. Miami Riverview.Apartments., Inc. would like to cordially invite you to a meeting to explain the above requests and answer any questions you may have. The meeting will take place on Wednesday, March 23, 2416 from. 6-00 PM to 7.30 PM at the property. Once inside the property there- will be signs to guide you to the open. area -where the mailboxes are located, which is where the meeting will_ take place, We hope to see you there. Sincerely, Miami Riverview Apartments, Inc. Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk ESTIMADO VECINO: Miami Riverview Apartments, Inc. es el dueno de la propiedad localizada en el 2501/2507 N.W. 16 Street Road, Miami. La propiedad es un complej o de apartamentos de renta existente en el lado sur del North Fork del Rio de Miami. Miami Riverview Apartments, Inc. recientemente sometio a la Ciudad de Miami una aplicacion para enmendar la designacion de la propiedad en el Plan Comprensivo de la Ciudad de "Medium Density Restricted Commercial", o "Densidad Mediana Comercial Restrictivo" a "Restricted Commercial", o "Comercial Restrictivo". El dueno tambien sometio una aplicacion para enmendar la designacion de zonificacion de la propiedad de T5 -L a T6 -8-L. Miami Riverview Apartments, Inc. desea cordialmente invitarlo(a) a una reunion para explicar las petitions y responder a cualquier pregunta que casted tenga. La reunion se llevara a cabo el miereoles, 23 de marzo, 2016 desde la 6:00 PM a las 7:30 PM. en la propiedad. Cuando entre habran carteles que le guiaran al area abierta donde se encuentran los buzones del correo postal, que es donde se llevara a cabo la reunion. Esperamos verlo(a) alli. Atentamente, Miami Riverview Apartments, Inc. Submitted into the public record for items), PZ.15 & 16 on 06/23/2016, City Clerk A-1AAN.DadC- Le 4.3.`_wsety r.�rm uyn�r' ---- - �c/irtt� GoHda� ,� a39'8'1- rS4J � �(A 61 4Y Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk MIAMI RIVER COMMISSION • FEBRUARY 24, 2016 APPEARED BEFORE THE URBAN INFILL AND GREENWAYS SUBCOMMITTEE • MARCH T. 2016 APPREARED BEFORE FULL COMMITTEE • ACKNOWLEDGE CODE REQUIREMENTS REGARDING RIVERWALK AND OTHER SETBACK CRITERIA AND ARE COMMITTED TO CONTINUE ENGAGEMENT WHEN SITE PLAN IS PROCESSED Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk In "amel ()-Keete esignee: Ms. Sandy Batchelor [iami-Dade State Attorney Is. Katherine Fernandez -Rundle esignee: Mr. Gary Winston layor of Miami -Dade County ;ayor Carlos Gimenez esignee: Mr. Frank Balzebre (ayor of Miami .ayor Tomas Regalado ity of Miami Commissioner :)mmissioner Frank Carollo :iami-Dade County Commissioner :)mmissioner Bruno Barreiro esignee: Ms. Marlene Avalo .iair of Miami River Marine Group r. Bruce Brown esignee: Mr. Richard Dubin -iair of Marine Council r. Ed Swakon =signee: Mr. Phil Everingham cecutive Director of Downtown n-elopment Authority s Alyce Robertson ::signee: Mr. Eric RieI lair of Greater Miami Chamber Commerce r. Barry Johnson :signee: Ms. Sandy O'Neil !igborhood Representative ipointed by City of Miami Commission Ernest Martin !igborhood Representative ipointed by Miami -Dade Commission s. Sallye Jude presentative from Environmental or vie Organization Appointed by the ) ernor r. Horatio Stuart Aguirre ember at Large Appointed by the rvernor r. Jay Carmichael ember at Large Appointed by iami-Dade Commission email: miamiriver@bellsouth.net `v'vviv miamirivercommission.org April 6, 2016 City of Miami Planning Zoning and Appeals Board 3500 Pan American Drive Miami, FL 33133 Re: 2501-2507 NW 16 ST RD Dear Planning Zoning and Appeals Board: Mr. Simon Ferro, Gunster Yoakley, and Mr. Jorge Azze, Azze Architecture, presented this item during the Miami River Commission's (MRC) March 7, 2016 public meeting. The MRC voted 6-3 to respectfully recommend approval of the Zoning Amendment from T5 -L to T6 -$L and amend the Land Use from Medium Density Restricted Commercial to Restricted Commercial, subject to adherence with the following 5 pending conditions: 1) Full compliance with public Riverwalk, waterfront building setbacks, etc. required in City of Miami's Zoning Code Section 3.11 and Appendix B. 2) Connections to the existing public Riverwalk sections immediately east at "River Run South" and immediately west at "Miami Riverfront Residences" 3) Study Transportation on NW 16 ST RD 4) Provide new seawall, and consider sea level rise in determining the best elevation 5) Provide working river covenant as required by City Camp. Plan" a I respectfully recommend these 5 recommended conditions be Ln included in the applicant's proffered covenant. a H U O � t0 Your time and continued support for the Miami River District are � N appreciated. v o N Sincere[ Sincerely, -0 0 0 =3 a) N i 0 MIAMI RIVER COMMISSION continued • ON JANUARY 12,2012 THE CITY COMMISSION UNANIMOUSLY APPROVED A WATERFRONT SETBACK FROM 50 FEET TO 28.5 FEET. • AND SIDE SETBACKS FROM 54 FEET TO 20.4 FEET. • TO OUR EAST, RIVER RUN CONDOMINIUM, HAS NO DISCERNABLE RIVERWALK Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk City of Miami City Hall 3500 Pan American Drive Miami, FL 33933 www.miamigov.com ter fjl�'it` '•f i 19 ca nP QNA1[D ;_. ;il Meeting Minutes Thursday, January 12, 2012 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Francis Suarez, Chairman Marc David Sarnoff, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Btu, City Attorney Priscilla A. Thompson, City Clark Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk City Commission Meeting Minutes January 12, 2012 A -1s. Thompson. Ijustwonr to be clear. I tbotght I heard till (lie next P&2 nrcetbrg. The ilw P&Zaeeffng isJanuaty 26. ChairSiwez. Ali,andetstandingof.- Mr. Kasdin: As that whal yon —? ChairSttarez. Yes. Mr. Kasdin: Yes. Meld like that. k 1s. Thompson: Okay, so its deferrer! to January 26. Chair Suarez. That's correct. Ms Thompson: Thankyou. Chair Suarez: All fn favor, signify by sco hig "aye." 7770 Conn7ission (Collectively): Aye. Chair Suarez: None in opposition Parses unaiiaatsly: Mr. Kasdin: Thank yoir for your tine and taking it out ofhtrn. ChairSuarezt Thankyo6Mayor. PZ.2 RESOLUTION 11-01050vry A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING WITH CONDITIONS A REDUCTION OF THE WATERFRONT SETBACK REQUIREMENTS PURSUANT TO SECTION A3(mm)(i) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ARTICLE 3.11 WATERFRONT STANDARDS OF THE MIAMI 21 ZONING ORDINANCE, ALLOWING A REDUCTION OF THE REQUIRED FIFTY FOOT (501) WATERFRONT SETBACK BY TWENTY-ONE FEET SEVEN INCHES, (217") RESULTING IN A TWENTY-EIGHT FOOT FIVE -INCH (28' 5') WATERFRONT SETBACK; FURTHER ALLOWING A REDUCTION OF THE REQUIRED SIDE -YARD SETBACK OF FIFTY-FOUR FEET, (54'), BY THIRTY-THREE FEET EIGHT INCHES, (33'8"), RESULTING INA TWENTY -FOOT FOUR -INCH (20'4") SIDE -YARD SETBACK, FOR THE MIAMI RIVER APARTMENTS PROJECT, LOCATED AT APPROXIMATELY 2601/2621 NORTHWEST 16TH ROAD, MIAMI, FLORIDA. 11-01050ww CC 01-12-12 Fact Sheet.pdf 1 1-01050ww Analysis, Maps & Sch. Concurrency.pdf 11-01050ww Application & Supporting Documents- NEW.pdf 11-01050ww Zoning Write Up & Plans.pdf 11-01050ww CC Legislation (Version 2) & Exhibit.pdf 11-01050ww-Submittal-Correspondence-Miami River Commission.pdf 11-01050ww-Planning and Zoning Department-Memo.pdf City ofAllaml Pale 151 _ h h -d an 2/612012 Submitted into the public record for items) PZ.15 & 16 on 06/23/2016, City Clerk RECEIVED STAFF ANALYSIS 2012 JAN -9 pM 3: o9 File I.D.11-01050ww PRISCILLA A. THOMPSON CITY OM pH FL 'Project name: Miami River Apartments Location: 2601 / 2621 NW 16 Road Miami, Florida 33125 Type I Magnitude: Residential (250 residential units) Zoning: Urban Core Transect Zone, T6-8-0 The project as designed requires City Commission approval pursuant to Article 3.11 a, Waterfront Standards, Miami 21 Code for waterfront and side setbacks. Waterfront Setback Average Depth of Lot 360 feet Minimum required per Article 3.11, M21 Code 50 feet 0 inches Requested reduction 21 feet 7 inches Resulting Setback 28 feet 5 Inches Side Setback Average Width of Lot 216 feet 5 inches Minimum required per Article 3.11, M21 Code 54 feet 0 Inches Proposed East 10 feet 2 inches Proposed West 10 feet 2 inches Requested reduction 33 feet 8 inches Resulting Setback 20 feet 4 Inches The subject project proposes the elimination 1 relocation of one wet slip currently existing in the site. 1. Development along the Miami River requires presentation and review by the Miami River Commission per Policy PA -3.3.2, for their recommendations. 2. DERM approved relocation site for the wet -slip has not been identified. Refer to PA -3.1.8 of the Miami Comprehensive Neighborhood Plan governing the Port of Miami Sub -Element. 3. Elimination of slip requires amendment to MCNP and the Stipulated Settlement Agreement by and between the State of Florida, City of Miami and Miami River Marine Group. Note: This is a preliminary review based on the Information presented by the applicant and does not constitute an official Planning and Zoning Department recommendation Submitted into the public record for item(s) HAS & 16 on 06/23/2016, City Clerk City Commission Cthy fMtmnt Meeting Minutes January 12, 2012 LOCATION: Approximately 2601/2621 NW 16th Street Road [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of 27 Riverfront LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions'. *Sea supporting documentation. PURPOSE: This will allow the construction of a new waterfront building along the Miami River for the Miami River Apartments project Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoft; Carollo, Suarez and Spence -Jones R-12-0012 Chair Suarez: PZ Z ��tem PZ.2 is for an item known as Aliami River Apartmenis, t e location oftvhich Is 1661,1621 Northwest 16th Road. 7770 proposal isfor a residential building to contain 250 units along the Aliami River. Because it is along Are Miami River, there — essentially the sante standards and guideltnes with regards to improvements along the riverfront are required And this particular project is seeking a setback, waterfront setback waiver and a side setback walvee. The requested reduction for the waterfront setback waiver is of21 feel 7 inches, resulting in a setback of 28 feet 5 inches, and the side setback reduction request is of 33 feet 8 inches, resulting in a setback of 20 feet d inches. I'd like to emphasize — to introduce the topic that we promulgated as a result of.tliami 21 the expansion or the extension ofthe setback requirements and these river frau improvements west of the previous requirements to encompass the entire river, and so under 11000 this particular land would not have been subject to dose requirenre ts, now it is, and they ve done what we think is a goodjob of vying to comply with those. And in addition, I world like to emphasize the fact that when we set forth the waivers, it was ahrmx anticipated that there world be some flexibility infused in those to allmr for each project and each site, ghrn its particular configuration to have those requirements modified as needed Ulti nately, it is our recommendation that the proposal before you has tried to the best oftheir ability to comply with those requirements. lVe've been in talks with them for a significant amount offline, And theyW, as a result of those conversations,- expanded or broadened the ainomtt ofrivenvalk offered They hm a appeared hvice, it is r»y tndetstanding, before the Miami River Commission. They have not been able to secure theirfavorable recommendation. The result of their meeting was a inbred vote, resulting in recd ti endation for denial in a pluralih• ofiates. Ultinhately aur recomnhendaiian is that yott appra•e ii shtl jeci to the conditions set forth in the record And ifyou have any questions, well be here to onsver•. Chalr Suarez: Thank you, Mr. Garcia Do you want to be recognized, Commissioner, before the presentation? Ads. Escarra. iris Escarra: Hello, everyone. Good afternoon. Iris Escarra, front offices at 333 Avenue of the Americas I ant very proud this evening to be before you representing the Millon family, who's a long-established developer in Mianri-Dade County. I'm here with Jose Milton, Sr., Joe Alilton, Gina Milton, as ivell as Eddy Frances, the architect, and Bill Eager, our landscape architect. Again. I thank you also for taking its ant ofo der. lfl stay introduce the stte to you, ive are Prinh¢d an 1/3.2011 Submitted into the public record for items) PZ.15 & 16 on 06/23/2016, City Clerk 7O: See Distribution List Francis -J. la FROM: Director Planning & Zoning Department CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: January 6, 2012 r1LE: suolEOT: Miami River Apartments File No. 11-01050ww REFERENCES: ENCLOSURES: Documentation from the applicant dated December 270�, 2011, indicates that the project will not remove wet slips previously approved by DERM for folio No.s 0131340580010 and 0131340010010, as required under the comprehensive plan (MCNP) Policy PA -3.1.8. Given the aforementioned, No.s 2 and 3 of Staff Analysis for File I.D. 11-01050ww, as attached, are no longer applicable and are deleted. All other sections and Findings of the staff analysis not mentioned herein remain applicable and in full effect. Planning recommendation: Approval with Conditions The Project shall be presented to applicable intergovernmental agencies for their review and approval as necessary. Project shall comply with the MCNP and Miami 21 Zoning Code Applicant shall provide proof of ownership for submerged lands to the satisfaction of the City Attorney Other reviews may be necessary depending on the need for Special Permits. There shall be no change made to the number or location of wet slips present on the site. The Riverwalk design standards shall be observed regarding the provisions for a safety buffer zone in a manner to be reviewed and approved by the Planning and Zoning Department. //- o!©5© eYtV - p`4t nn i ncCir J Lori i rl.5 'par -t rL—nt rT)L Submitted into the public record for item(s) PZ -15 & 16 on 06/23/2016 City Clerk -9 � N o Distribution: Mayor Tomas Regalado --i C--, a 7;0 Commissioner Whedo (Willy) God o �r Vice Chairman Marc Sarno[[ ^-c7" r n Commissioner Frank Carollo 3 c -s D `D M Chairman Fronds Suarez 17- :rm = Commissioner Michelle Spence -Jones p m City Clerk Priscilla A. Thompson :r,,�a W 0 CilyAltomeyJulie Bru r- cn o City Manager Johnny Martinez i m Assistant City Manager Alice Bravo File Planning Depadment _ FJGICSns //- o!©5© eYtV - p`4t nn i ncCir J Lori i rl.5 'par -t rL—nt rT)L Submitted into the public record for item(s) PZ -15 & 16 on 06/23/2016 City Clerk The subject of this analysis is a modification to Article 3.11 Waterfront Standards of the Miami 21 Zoning Code, as such a complete review of the project for compliance with the Miami 21 Zoning Code and Miami Comprehensive Neighborhood Plan has not taken place. In addition, the proposed project is pending comments from Internal Design Review Committee, Urban Development Review Board and the Miami River Commission. Planning recommendation: Approval with Conditions Project shall be presented to reviewing committees / applicable intergovernmental agencies for their review and approval as necessary: o DBRM I MDC P&Z ( for Wet -slip relocation approval) o City'Internal Design Review Committee o Miami River Commission o Urban Development Review Board • Project is to comply with MCNP and MDCCNP, as applicable • Project Is to comply with Stipulated Settlement Agreement • Project shall comply with the Miami 21 Zoning Code • Proof of ownership for submerged lands to the satisfaction of the City Attorney • Other reviews may be necessary depending on the need for Special Permits Note: Thls is a preliminary review based on the information presented by the applicant and Submitted into the public does not constitute an official Planning and Zoning Department recommendation record for item(s) PZ -15 & 16 on 06L23/2016, City Clerk This instrument is prepared by and after recording please return this instrument to: Simon Ferro, Esq. Gunster, Yoakley & Stewart, P.A. 600 Brickell Avenue, Floor 35 Miami, Florida 33131 Reserved for Recording . DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, the undersigned, Miami Riverview Apartments, Inc. (`Owner"), holds the fee simple title to approximately 5.24 acres of land in the City of Miami, Florida (the "City"), described in Exhibit "A," attached to this Declaration (the "Property"), which statement as to title is supported by the attorney's opinion attached to this Declaration as Exhibit `B"; WHEREAS, the Owner sought and obtained a rezoning ("Rezoning") pursuant to Ordinance No. ("Ordinance") for the Property, which is located at 2501 and 2507, N.W. 161Street Road, Miami, Florida; WHEREAS, Policy PA -3.1.9 of the Miami Neighborhood Comprehensive Plan requires that all new residential development located along the Miami River be the subject of a. recorded 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. NOW THEREFORE, in order to assure the City, and other stakeholders, that the representations made by the Owner during the City's consideration of the Land Use Application will be abided by the Owner, its successors and assigns, freely, voluntarily, and without duress, makes the following Declaration of Restrictions covering and running with the Property: 1) This Declaration of Restrictions satisfies the requirement set forth in Policy PA - 3.1.9 of the Miami Neighborhood Comprehensive Plan. 2) Owner recognizes that legally permitted existing Working Waterfront 24-hour operations currently exist proximate to the Property. Therefore, Owner agrees: (a) not to object or otherwise attempt to impede any legally permitted Working Waterfront 24-hour operations; (b) to provide all future tenants and prospective owners of the Property notice of the existing Working Waterfront 24-hour operations. and will include a Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk provision to agree not to object to legally permitted Working Waterfront 24- hour operations in each lease and or Condominium Sale Documents; (c) that it is solely the Owner's responsibility to design its structures to accommodate legally permitted Working Waterfront 24-hour operations; and (d) 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. 3) Approval of the Ordinance shall not result in a net loss of 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. Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and may 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 their heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the benefit of the City of Miami and the public welfare. The Owner, and their heirs, successors and assigns, acknowledge that acceptance of this Declaration does not in any way obligate or provide a limitation on the City. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded after which time it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the, then, owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided that the Declaration has first been modified or released by the City of Miami. Modification, Amendment, Release. This Declaration of Restrictions 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 for an advisory recommendation and approved by the City Commission of the City of Miami, Florida. Should this Declaration be so modified, amended, or released, the Director of the Department of Planning and Zoning 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. Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of this declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 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. Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given by the City, then such construction, inspection and approval shall create a rebuttable presumption that the buildings or structures thus construct d comply with the intent and spirit of this Declaration. Severability. Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the other provisions which shall remain in full force and effect. However, if any material portion is invalidated, the City shall be entitled to revoke any approval predicated upon the invalidated portion Recordation and Effective Date. This Declaration shall be filed of record in the public records of Miami -Dade County, Florida at the cost of the Owner following the approval of the Application. This Declaration 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 Declaration 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 Director of the Planning and Zoning Department or the executive officer of the successor of said department, or in the absence of such director or executive officer by his/her assistant in charge of the office in his/her absence, shall forthwith execute a written instrument, in recordable form, acknowledging that this Declaration is null and void and of no further effect. Acceptance of Declaration. The Owner acknowledges that acceptance of this Declaration does not obligate the City in any manner, nor does it entitle the Owner to a favorable recommendation or approval of any application, zoning or otherwise, and the City Commission retains its full power and authority to deny each such application in whole or in part and decline to accept any conveyance. Owner. The term Owner shall include all heirs, assigns, and successors in interest. [Execution Pages Follow] Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk ACKNOWLEDGMENT CORPORATION Signed, witnessed and acknowledged on this 16 day of 3- uti c, , 2016. Witnesses: MIA ' .I R VRVIEW APTS., INC. Signature (Y By: �� til S CGy 7 - Print Print Name / Title: Sign, ire 3 l wo kAn ig STATE OF Fgcl Dir COUNTY OF ik,IAKI—bAda The foregoing instrument was revtapvh'I of Miami Rivervie ersonally known t me or has produce • dd- • •lA—G Rtuk C-o�t- 64101 vs r2331 V4 acknowledged before me by Lj S CZQ Z. , the w Apts., Inc., on behalf of the corporation. He is d as identification. Witness my signature and official seal this _L�_ day ofw1e, 2016, in the County and State aforesaid. >efia'ry Public State of 2i �!l ky iJ o px-p-o My Commission Expires: Print Naive *11� SIMON FERROMY COMMISSION # FF 988275 �EXPIRES: March 6, 2020 ' Bonded Thru Notary Public Unde w ters Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED: Francisco J. Garcia, Planning Director MIA_ACTIVE 4482066.1 Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk Exhibit "A" Legal Description Tract A of Musa Isle Manor, according to the plat thereof, as recorded in Plat Boole 93, Page 23, of the Public Records of Miaini-Dade County, Florida. Submitted into the public record for item(s) PZ -15 on 06/23/2016, City Clerk Submitted into the Public record for item(s) pZ.15 & 16 on 06/23/2016, City Clerk Miami R®v(8,�xo ts 250112507 MTV i 6th Street Road Miami, Florida prepared for: Miami Riverview Apartments, Inc. KBP CONSULTING, INC. April 2016 Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk 2501 / 2507 NW 16'hStreet Road Traffic Study April 2016 Prepared for: Nfiami Riverview Apartments, Inc. Prepared by: IBP Consulting, Inc. 8400 N. University Drive, Suite 309 Tamarac, Florida 33321 Phone: (954) 560-7103 Karl B. Peterson, P.E. Florida Registration Number 49897 KBP Consulting, Inc. 8400 N. University Drive, Suite 309 Tamarac, Florida 33321 CA # 29939 Submitted into the public record for item(s) PZ.15 & 16 on 06123/2016, City Clerk TABLE OF CONTENTS INTRODUCTION.......................................................................................................................................1 INVENTORY.............................................................................................................................................. 3 Existing Land Use and Access......................................................................................................... 3 ProposedLand Use and Access........................................................................................................ 3 EXISTINGCONDITIONS.........................................................................................................................4 RoadwaySystem.............................................................................................................................. 4 Alternative Modes of Transportation............................................................................................... 4 StudyIntersections........................................................................................................................... 6 TRAFFICCOUNTS................................................................................................................................... 7 TRIPGENERATION............................................................................................................................... I 1 TRIP DISTRIBUTION AND TRAFFIC ASSIGNMENT.....................................................................13 PLANNED AND PROGRAMMED ROADWAY IMPROVEMENTS................................................19 TRAFFICANALYSES............................................................................................................................. 20 Future Conditions Traffic Volumes................................................................................................ 20 Level of Service (LOS) Analyses —Intersections........................................................................... 25 Level of Service (LOS) Analyses — Roadway Links...................................................................... 25 CONCLUSIONS....................................................................................................................................... 28 LIST OF FIGURES a - FIGURE 1— Project Location Map............................................................................................................... 2 FIGURE 2 — Existing Lane Geometry.......................................................................................................... 6 FIGURE 3 —Existing AM Peak Hour Traffic Counts................................................................................... 8 FIGURE 4 — Existing PM Peak Hour Traffic Counts................................................................................... 9 FIGURE5 — Trip Distribution — Inbound...................................................................................................15 FIGURE 6 — Trip Distribution — Outbound................................................................................................16 FIGURE 7 — New Project Traffic Assignment — AM Peak Hour................................................................17 FIGURE 8 — New Project Traffic Assignment — PM Peak Hour................................................................18 FIGURE 9 — Future (2020) Background (w/out Project) AM Peak Hour Traffic Volumes ........................ 21 FIGURE 10 — Future (2020) Backgrotmd (w/out Project) PM Peak Hour Traffic Volumes ...................... 22 FIGURE 11— Future (2020) Total (w/ Project) AM Peak Hour Traffic Volumes ...................................... 23 FIGURE 12 — Future (2020) Total (w/ Project) PM Peak Hour Traffic Volumes ....................................... 24 LIST OF TABLES TABLE 1— Trip Generation Summary.......................................................................................................12 TABLE 2 — Project Trip Distribution......................................................................:...................................13 TABLE 3 —Intersection Levels of Service.................................................................................................. 26 TABLE 4A — Roadway Link Levels of Service (AM Peak Hour).............................................................. 27 TABLE 4B — Roadway Link Levels of Service (PM Peak Hour)............................................................... 27 Miami Riverview Apartments Traffic Study Submitted into the public record for item(s) PZ.15 & 16 on 06123/2016, City Clerk Appendkes APPENDIX A Miami Riverview Apartments — Traffic Study Methodology APPENDIX B Traffic Counts APPENDIX C Miami -Dade County 2040 LRTP Excerpt — Trip Distribution APPENDIX D FDOT Peak Season Conversion Factor Report APPENDIX E FDOT Historic Traffic Counts APPENDIX F Future Traffic Volumes Spreadsheets APPENDIX G Signal Timing Data APPENDIX H SYNCHRO Output APPENDIX I FDOT 2013 Quality / LOS Handbook Excerpt ii Miami Riverview Apartments Traffic Study Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk INTRODUCTION ON Miami Riverview Apartments is an existing residential community located on the north side of NW 16th Street Road approximately 400 feet to the east of NW 27th Avenue (State Road 9) in Miami, Miami -Dade County, Florida. More specifically, the site is located at 2501 through 2507 NW 16th Street Road. The location of the project site is illustrated in Figure 1 on the following page. KBP Consulting, Inc. has been retained by Miami Riverview Apartments, Inc. to prepare a traffic impact study in connection with the proposed redevelopment of this residential community. This study addresses trip generation characteristics of the project and the traffic impacts created by the proposed redevelopment on the nearby transportation network. The methodology for conducting this traffic study has been reviewed and approved by City of Miami Engineering staff. A copy of the approved traffic study methodology is presented in Appendix A of this report. This study is divided into seven (7) sections, as listed below: 1. Inventory 2. Existing Conditions 3. Trac Counts 4. Trip Generation 5. Trip Distribution and Assignment 6. Traffic Analyses 7. Summary & Conclusions 1 Miami Riverview Apartments Traffic Study .` - W �.. 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KIM%3. a �d^Y'Jc,-q,Sr�,��`�'t't�■ (3rj4�'. 11'I ,, ` I QC, ,,JtrvtA 71Ia77'�.1-�+ U.p7.��Q.��i ,+•,. • - Site d ' '-a�>.�; 'h ni -, _�i' ^ �.� f[G ^j ,•QM, ..,'n.•'-'�" _^^ �'.. � _!.!� .,���;,+ NV11� I�C�.t' j�j�.t i .0 �7 Submitted into the public record for item(s) PZ.15 & 16 on 06123/2016, City Clerk ENVIENTOR Y Existing Land Use and Access The subject 5.26 acre (+/-) site for the Miami Riverview Apartments residential community is currently developed with several three-story residential apartment buildings constructed in 1973, containing a total of 245 dwelling units. All of the existing units are one (1) bedroom / one (1) bath and most are approximately 600 square feet in size. This complex was once a Miami -Dade HUD elderly housing community that was abandoned and fell into disrepair. The subject site was rehabilitated in the year 2000. At the present time, there are two (2) vehicular access points along NW 16th Street Road. Proposed Land Use and Access The subject site has clearly outlived its usefulness and functionality. As such, the property owner has proposed to redevelop the site with a modern, urban residential community as envisioned by Miami 21, the Miami River Master Plan, the Miami River Greenway Regulatory Design Standards and current development trends in the immediate area. The preliminary development plan consists of a high-rise, 650 -unit apartment community. Vehicular access will be provided via multiple driveways to be located along NW 16th Street Road. (It is noted that, since this project is in its initial phases, a detailed site plan has not been prepared at this time.) 3 Miami Riverview Apartments Traffic Study Submitted into the public record for item(s) PZ.1s & 16 on 06 23 2016, City Clerk EXISTING CONDITIONS This section of the report addresses the transportation system and amenities located in the immediate vicinity of the Miami Riverview Apartments site. Roadway System As stated previously, the subject site is located along NW 16th Street Road approximately 400 feet to the east of NW 27th Avenue (State Road 9). NW 16th Street Road is a two-lane locally maintained collector roadway oriented generally in the east -west direction. NW 27th Avenue (State Road 9) is located irmnediately west of the site and is six -lane divided principal arterial roadway oriented in the north -south direction. This facility provides direct access to the Dolphin Expressway (State Road 836) to the south and to the Airport Expressway (State Road 112) to the north. NW 14th Street is an east -west minor arterial roadway located to the south of the subject site. This roadway has two (2) lanes in each direction with and expanded intersection at NW 27th Avenue. The remaining roadways in the immediate area of the subject site (NW 23rd Avenue, NW 24th Avenue, NW 24th Court, NW 25th Avenue, NW 26th Avenue, and NW 15th Street) are two-lane local roadways. Alternative Modes of Transportation Miami -Dade Transit provides Metrobus service in the immediate area of the subject site. Route 6 provides service from the Coconut Grove area to downtown Miami and traverses NW 16th Street Road with a bus stop located immediately in front of the Miami Riverview Apartments site. Route 27 provides service from the Coconut Grove area to Miami Gardens. There are northbound and southbound bus stops located within 500 feet of the Miami Riverview Apartments at the intersection of NW 16th Street Road and NW 27th Avenue. From a transportation mobility standpoint, the subject site is well -served by an extensive roadway and transit network. 4 Miami Riverview Apartments Trak Study Submitted into the public record for item(s) PZ -15 & 16 on 06/23/2016, City Clerk Study Intersections Seven (7) nearby intersections were identified as the locations to be evaluated as part of this traffic analysis. These intersections are: ❑ NW 27th Avenue and NW 14th Street (signalized) ❑ NW 26th Avenue and NW 14th Street (unsignalized) ❑ NW 25th Avenue and NW 14th Street (unsignalized) ❑ NW 27th Avenue and NW 17t1i Street (signalized) ❑ NW 25th Avenue and NW 16th Street Road (unsignalized) ❑ NW 26th Avenue and NW 16th Street Road (unsignalized) ❑ NW 27th Avenue and NW 16th Street Road (unsignalized) Figure 2 depicts the existing lane geometry of the seven (7) primary intersections selected for analysis purposes. 5 Miami Riverview Apartments Traffic Study Submitted into the public record for item(s) PZ -15 & 16 on 06/23/2016, City Clerk Level of Service (LOS) Analyses — Intersections Intersection capacity/level of service (LOS) analyses were conducted for the seven (7) study intersections. These analyses were undertaken following the capacity / level of service procedures outlined in the Highway Capacity Manual (HCM) using the SYNCHRO software for the signalized and unsignalized intersections. The results of these capacity analyses are summarized in Table 3 on the following page. As indicated in Table 3, each of the study intersections is currently operating at an acceptable Level of Service (LOS) and will continue to do so in the future (2020) build -out timeframe both with and without the project traffic associated with the Miami Riverview Apartments project. The signal timing data from Miami -Dade County Signs and Signals Division is presented in Appendix G and the SYNCHRO printouts of the intersection capacity analyses are contained in Appendix H. Level of Service (LOS) Analyses — Roadway Links Roadway link levels of service were evaluated in accordance with the Florida Department of Transportation's (FDOT) 2012 Quality/Level of Service Handbook Tables (see Appendix K) and the City of Miami's Person Trip Methodology.' The results of these analyses are summarized in Tables 4A and 4B. As indicated in Tables 4A and 413, each of the roadway segments within the project study area are currently operating within the City's acceptable level of service (LOS) thresholds and will continue to operate at an acceptable LOS in 2020 with and without the project traffic associated with the Miami Riverview Apartments project. 1 According to the City's person -trip methodology, an average of 1.4 persons per vehicle has been accepted at the existing peak -period passenger vehicle occupancy in Miami while the practical capacity of these vehicles is 1.6 persons per vehicle. 25 Miami Riverview Apartments Traffic Study Submitted into the public record for item(s) PZ.15 & 16 on 06123/2016, City Clerk Source: Highway Capacity Manual and SYNGMU. Legend: C (21.4) = LOS (Average Delay in Seconds / Vehicle) 1 The overall Level of Service (LOS) for unsignalized intersections is reported as the Intersection Capacity Utilization (ICU) LOS. 26 Miami Riverview Apartments Traffic Study Table 3 Intersection Levels of Service Miami Riverview Apartments - Miami, Florida Intersection Existin (2016) Conditions Future (2020) Conditions Without Pro'ect Traffic Future (2020) Conditions With Project Traffic AM PM AM PM AM PM Approach Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour NW 14th Street & SB B (10.9) B (12.7) B (11.4) B (13.6) B (12.2) B (14.6) NW 25th Avenue EB A (0.8) A (1.8) A (0.8) A (1.9) A (0.9) A (2.3) (Unsignalized) Overall A (1.3) C (1.1) A (1.3) C (1.2) A (1.7) C (1.5) NW 14th Street & SB B (12.7) C (15.6) B (13.7) C (17.9) B (14.7) C (20.0) NW 26th Avenue EB A (0.8) A (2.6) A (0.9) A (2.9) A (1.2) A (3.4) (Unsignalized) Overall 1 A (2.4) C (2.3) A (2.6) D (2.6) B (3.1) D (3.1) NB C (21.3) C (26.1) C (24.6) C (32.6) C (25.3) D (35.2) NW 14th Street & SB A (2.7) A (4.6) A (4.3) A (8.2) A (4.6) A (9.6) NW 27th Avenue EB E (64.1) E (59.4) E (64.6) E (60.0) E (64.6) E (60.2) (Signalized) WB D (52.3) D (52.3) D (50.9) D (51.8) D (50.6) D (51.7) Overall C (20.7) C (22.9) C (22.4) C (26.9) C (22.9) C (28.6) NW 16th St Road & NB A (9.2) A (9.3) A (9.3) A (9.4) A (9.4) A (9.7) NW 25th Avenue WB A (3.0) A (1.0) A (3.1) A (1.0) A (3.1) E (1.0) (Unsignalized) -Overall` A (3.3) A (2.5) A (3.3) A (2.5) A (3.1) A (3.2) NW 16th St Road & NB A (9.6) A (9.5) A (9.7) A (9.6) A (10.0) A (9.9) NW 26th Avenue WB A (4.0) A (2.7) A (4.0) A (2.7) A (4.0) A (2.9) (Unsignalized) Overall 1 A (3.3) A (3.9) A (3.3) A (4.0) A (3.5) A (4.1) NW 16th St Road & NB - - - NW 27th Avenue WB B (10.0) B (10.0) B (10.3) B (10.7) B (10.6) B (11.1) (Unsignalized) Overall 1 A (0.5) A (0.3) A (0.5) A (0.4) A (0.6) A (0.4) NB A (4.7) D (54.3) A (8.9) E (65.8) A (9.9) E (68.6) NW 17th Street & SB B (15.4) D (45.7) C (20.0) F (85.2) C(21.1) F (92.6) NW 27th Avenue EB E (59.1) D (50.3) E (57.3) D (49.5) E (56.7) D (48.8) (Signalized) Overall B (18.9) D (49.8) C (22.2) E (72.6) C (22.9) E (77.1) Source: Highway Capacity Manual and SYNGMU. Legend: C (21.4) = LOS (Average Delay in Seconds / Vehicle) 1 The overall Level of Service (LOS) for unsignalized intersections is reported as the Intersection Capacity Utilization (ICU) LOS. 26 Miami Riverview Apartments Traffic Study Submitted into the public record for item(s) PZ -15 & 16 on 06123/2016, City Clerk Table 4A Roadway Link Levels of Service - AM Peak Hour Miami Riverview Apartments -Miami, Florida Future (2020) Future (2020) Existing (2016) Conditions w/out Conditions with Miami Person Conditions ProiectTraftic Pro'ectTraffic Vehicular Person Vehicular Person Vehicular Person Adopted Trip LOS E/E+20 Capacity Volume Trip Vol. Volume Trip Vol. Volume Trip Vol. Roadway Section Lanes Volume Q1.6PPV h) Q1.4PPV LOS (vph) Q1.4PPV LOS (vph) Q1.4PPV LOS NW 25th Ave (NW 14th St to 2LU 987 1,579 85 119 C 88 123 C 118 165 C NW 16th St Rd)' NW 26th Ave (NW 14th St to 2LU 987 1,579 191 267 C 199 279 C 228 319 C NW 16th St Rd)' NW 27th Ave (NW 14th St to 6LD 5,233 8,372 3,591 5,027 D 3,737 5,232 D 3,748 5,247 D NW 17th St)1 NW 27th Ave (North of 6LD 5,233 8,372 3,835 5,369 D 3,991 5,587 D 4,014 5,620 D NW 17th St) NW 16th St Rd (NW 25th Ave 2LU 987 1,579 131 183 C 137 192 C 231 323 C to NW 26th Ave) s NW 16th St Rd (NW 26th Ave 2LU 987 1,579 188 263 C 195 273 C 230 322 I]] C to NW 27th Ave) s Source: FDOT 2012 Quality /Level ofService (LOS) Handbook Tables. I Roadway classified as Class77 (35 mph or slowerposted speed limit) with a capacity adjustment of-5%per referencedFDOTTable. LOSC+20=2090x.95x1.2x1.6PPV=3,872 LOSD+20=4500x.95x7.2x1.6PPV=8,208 LOSE+20=4590x.95xl.2x1.6PPV=8,372 Roadiray classified as Class 1.1 (35 mph or slowerposted speed limit) with a capacity adjustment of-30Yoper referencedFDOT Table. L0SC=660x.7x1.6PPV=739 L0SD=1330x.7xL6PPY=7,490 LOSE=1410x.7x1.6PPV=1,579 Table 4B Roadway Link Levels of Service - PM Peak Hour Miami Riverview Apartments -Miami, Florida Future (2020) Future(2020) Existing (2016) Conditionsw/out Conditions with Miami Person Conditions PraiectTraffic Pra'ectTraffic Vehicular Person Vehicular Person Vehicular Person Adopted Trip LOS EIE+20 Capacity Volume Trip Vol. Volume Trip Vol. Volume Trip Vol. Roadway Section Lanes Volume Q1.6 PPV (vph) RI.4PPV LOS (vph) 1.4 PPV LOS (vph) 1.4 PPV LOS NW 25th Ave (NW 14th St to 2LU 987 1,579 103 144 C 107 150 C 145 203 C NW 16th St Rd)' NW 26thAve (NW14thStto 2LU 987 1,579 234 328 C 244 342 C 275 385 C NW 16th St Rd) NW 27th Ave (NW 14th St to 6LD 5,233 8,372 4,575 6,405 D 4,761 6,665 D 4,797 6,716 D NW 17th St) NW 27th Ave (North of 6LD 5,233 8,372 5,188 7,263 D 5,398 7,557 D 5,424 7,594 D NW 17th St) NW 16th St Rd (NW 25th Ave 2LU 987 1,579 163 228 C 170 238 C 275 385 C to NW 26th Ave) 2 NW 16th St Rd (NW 26th Ave 2LU 987 F1,579 213 298 C 222 311 C 258 361 C to NW 27th Ave)' Source: FDOT 2012 Quality /Level of Sen+ice (LOS) Handbook Tables. I Roadwoy classified as Classfl (35 niph or slowerposted speed limit) udth a capacity adjustment of-5%per referenced FDOT Table. LOSC+20=2090x.95x7.2x1.6PPV=3,812 LOSD+20=4500x.95xl.2x1.6PPV=8,208 LOSE+20=4590x.95x1.2x1.6PPV=8,372 Roadway classified as Class71 (35 niph or slowerposted speed liniit) with a capacity adjustment of-30%aper referenced FDOT Table. LOSC=660x.7x1.6PPV=739 L0SD=1330x.7x1.6PPV=1,490 LOSE=1410x.7x1.6PPV=1,579 27 Miami Riverview Apartments Trak Study Submitted into the public record for item(s) PZ -1- on 06 23/20161 City Clerk SUMMARY & CONCLUSIONS Miami Riverview Apartments is an existing residential community located on the north side of NW 16th Street Road approximately 400 feet to the east of NW 27th Avenue (State Road 9) in Miami, Miami -Dade County, Florida. The subject 5.26 acre (+/-) site for the Miami Riverview Apartments residential development is currently developed with a three-story residential apartment building constructed in 1973, containing 245 dwelling units. The property owner has proposed to redevelop the site with a modern, urban residential community as envisioned by Miami 21, the Miami River Master Plan, the Miami River Greenway Regulatory Design Standards and current development trends in the immediate area. The preliminary development plan consists of a high-rise, 650 -unit apartment community. Vehicular access will be provided via multiple driveways to be located along NW 16th Street Road. The net new external trips anticipated to be generated by the proposed redevelopment of the existing residential project consists of 1,480 daily vehicle trips, 94 vehicle trips during the weekday AM peals hour (20 inbound and 74 outbound) and 105 vehicle trips during the weekday PM peals hour (67 inbound and 38 outbound). In conclusion, the study area intersections and roadway segments are currently operating within the City of Miami's acceptable Level of Service (LOS) criteria and will continue to do so in the future 2020 build -out conditions with and without the project traffic associated with the Miami Riverview Apartments project to be located on NW 16th Street Road. Therefore, it is concluded that the Miami Riverview Apartments project will not adversely impact the traffic operations of the study area. 28 Miami Riverview Apartments Traffic Study This instrument is prepared by and after recording please return this instrument to: Simon Ferro, Esq. Gunster, Yoakley & Stewart, P.A. 600 Brickell Avenue, Floor 35 Miami, Florida 33131 Submitted into the public record for item(s) PZ.15 & 16 on 06123/2016 City Clerk (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this I P day of Z�)n.o— , 2016, by MIAMI RIVERVIEW APTS., INC. (hereinafter referred to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the state of Florida (hereinafter referred to as the "City") WITNESSETH WHEREAS, Owner owns the property located at 2501 and 2507 N.W. 16" Street Road, Miami, Florida (the "Property"); and WHEREAS, on May 4, 2016, the Planning, Zoning and Appeals Board heard the Owner's applications requesting: (i) an amendment to the Comprehensive Plan re -designating the Property from "Medium Density Restricted Commercial" to "Restricted Commercial" on the City's Future Land Use Map ("FLUM"); and (ii) a rezoning of the Property from T5 -L (Urban Center -Limited) to T6 -8-L (Urban Core -Limited), for the Property and legally described in attached Exhibit A; and WHEREAS, on March 7, 2016, Owner's representatives met with the Miami River Commission ("MRC") and the MRC voted 6-3 in favor to recommend approval of the Rezoning subject to conditions reflected in a letter from the MRC addressed to the City of Miami Planning, Submitted into the public record for item(s) PZ.15 & 16 on 06/23/2016, City Clerk Zoning and Appeals Board dated April 6, 2016 ("MRC Letter"), a copy is attached hereto as Exhibit B. WHEREAS, the Owner is desirous of making a voluntary binding commitment to assure that the Property must be developed in accordance with the provisions of the Declaration. NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed a covenant running with the land and binding upon the Owner of the Property, and its heirs, successors and assigns as follows: Section 1. The recitals and findings set forth in the preamble of this Declaration as well as .the Exhibits referenced therein are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Maximum Densit_y and Number of Residential Units. The maximum number of dwelling units that may be developed on the Property shall not exceed 650 dwelling units. Section 3. Miami River Development Considerations. The Owner makes the following commitments regarding the conditions set forth in the MRC Letter: i. MRC Letter Conditions 1 and 2; Waterfront Standards: Owner shall be required to construct a public Riverwalk on the Property, and nothing in this paragraph shall be construed as a waiver of the requirement to construct a public Riverwalk. Owner acknowledges that Miami 21 Section 3.11 and Appendix B ("Waterfront Standards") requires specific waterfront building setbacks, including a public Riverwalk. Notwithstanding the foregoing, Owner shall have the right to request and obtain modifications from any of the requirements of the Waterfront Standards, or other development criteria, as set forth in the City of Miami Code, Miami 21, and the City of Miami Charter. In the event the Owner requests and obtains any such modification(s), the Owner shall provide for a public Riverwalk within the modified setbacks. The public Riverwalk shall be designed in a way that facilitates a connection to any adjacent waterfront walkway within the parcels located to the immediate east and west of the Property along the Miami River ("Abutting Parcels"). It shall not be the Owner's responsibility to obtain approvals or cooperation from the owners of the Abutting Submitted into the public record for items) Pz.15 & 16 on 06123/2016, City Clerk Parcels to connect with the public Riverwalk on the Property. In the event the Abutting Parcels do not have an existing, planned, or approved public Riverwalk, or if they refuse to connect to the public Riverwalk to the Property, the Owner may design the public Riverwalk without regard to connectivity with the Abutting Parcels. Owner's obligation under this section shall be fulfilled upon the construction of a public Riverwalk within the Property and not upon the connection of said public Riverwalk with one or both of the Abutting Parcels. ii. Condition 3 of the MRC Letter; Traffic Study: Owner has provided to the City of Miami, as part of the Rezoning, a traffic study prepared for Miami Riverview Apartments, Inc. by KBP Consulting, Inc. dated April 2016. This traffic study satisfies condition No. 3 of the MRC Letter. iii. Condition 4 of the MRC Letter; Seawall: The proper elevation for development of the Property and whether a new seawall is necessary will be determined through the City's permitting process, and in accordance with State and County laws and ordinance as applicable. iv. Condition 5 of the MRC Letter: Owner will provide a Working River covenant as required by Policy PA -3.1.9 of the Miami Neighborhood Comprehensive Plan. Section 4. Effective Date. The provisions of this Declaration 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 recordation, after which time they shall be extended automatically for successive period of ten (10) years. This instrument shall constitute a covenant running with the land and title to the Property, which shall be binding upon the Owner, its heirs, successors, vendees and assigns. Section 5. Applicable Lave & Venue; Attorney's Fees. Florida law will apply to interpretation of this instrument. Venue in any civil actions arising under this instrument shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's fees. Section 6. Amendment and Modification. This instriunent may be modified, amended, or released as to any portion of the Property by a written instrument executed by the then Owners of the fee -simple title to the Iand to be affected by such modification, amendment or release, providing that same has been approved by the City of Miami Planning and Zoning Submitted into the public record for item(s) PZ -15 & 16 on 06/23/2016, City Clerk Board Appeals Board and City Commission after a public hearing which all advertising, notice, application, and public hearing expense shall be paid by the Owner, Upon approval of such modification amendment or release as specified herein, the Director of the City of Miami's Planning Department or his successor shall execute a written instrument in recordable form effecting and acknowledging such modification, amendment or release. Such instruments shall be in a form acceptable to the City Attorney. Section 7. Inspection and Enforcement. An enforcement action may be brought by the City by action in law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, or provisions of the City, County or applicable regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. Section S. Severability. Invalidation of any one of these covenants 'by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full force and effect. Section 9. Recording. This Declaration shall be promptly filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, within 30 days of the City Commission's final adoption of the Change of Zoning and the Future Land Use Map . amendments. The City of Miami Planning and Zoning Director will be furnished a recorded copy by the Ovcnler within ten (10) days of this Declaration being recorded. [Signature Pages Follow] I--," 1 Signed, witnessed and acknowledged on this 1J6 day of J VNQ- _'2016. Witnesses: Signature STATE OF COUNTY OF M•i.r, p%l — (AMI RIVERVIEW APTS., INC. By: (ji S czo7. Title:r2SiJ,Q*% 1 Address: (cq (dA( -A4+ &cX "<k, GAb I cJP a - 331 YZ The fgoing instrument was acknowledged before me by u CQUZ 1 of Miami Riverview Apts., Inc., on behalf of the corporation. He is ersonaily nown to me r has produced as identification. Witness my signature and official seal this _L�L_ day of TL, UC- 2016, in the County and State aforesaid. Notar ublic State of 14io ew StVK0 L) re -A g- 0 My Commission Expires: Print Name 'P SIMON FERRO t. MY COMMISSION ,# FF 968275 EXPIRES: March 6, 2020 Bonded Thru Notary Public Underwriters Submitted into the public record for item(s) PZ.1_ 5 & a6 on 06123/2016 City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED: Francisco J. Garcia, Planning Director MIA_ACTIVE 4482066.1 Submitted into the public record for item(s) pZ,1_ 5 & 16 on 06 23 2016, City Clerk Exhibit A Legal Description Tract A of Musa Isle Manor, according to the plat thereof, as recorded in Plat Book 93, Page 23, of the Public Records of Miami -Dade County, Florida. Submitted into the public record for item(s) pZ,1— S & 16 on 06/23/2016, City Clerk overnor of State of Florida Mr. Rick Scott Designee: Ms. Patricia Harris CNsir of Miami -Dade Delegation Representative Jose Felix Diaz Designee: Rep. David Richardson Chair of Governing Board of South Florida Nater Management District Mr. Daniel O'Keefe Designee: Ms. Sandy Batchelor Mjami-Dade State Attorney Ms. Katherine Femandez-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 Carglio 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 Neigborbood 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. hIoracio 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 Miand Commission Mr. Manny Prieguez Managing Director Mr. Brett Bibeau Miami River Commission clo Robert King High 1407 NW 7ffi Street, Suite D Miami, Florida 33125 Office: (305) 64¢0544 email: miamiriver@bellsouth.net wimaniamirivercommiWon.org April 6, 2016 City of Miami Planning Zoning and Appeals Board 3500 Pan American Drive Miami, FL 33133 Re: 2501-2507 TAW 16 ST RD Dear Planning Zoning and Appeals Board: Mr. Simon Ferro, . Gunster Yoakley, and Mr. Jorge Azze, Azze Architecture, presented this item during the Miami River Commission's (MRC) March 7, 2016 public meeting. The MRC voted 6-3 to respectfully recommend approval of the Zoning Amendment from T5 -L to T6 -8L and amend the Land Use from Medium Density Restricted Commercial to Restricted Commercial, subject to adherence with the following 5 pending conditions: 1) Full compliance with public Riverwalk, waterfront building setbacks, etc. required in City of Miami's Zoning Code Section 3.11 and Appendix B. 2) Connections to the existing public Riverwalk sections immediately cast at "River Run South" and immediately west at "Miami Riverfront Residences" 3) Study Transportation on NW 16 ST RD 4) Provide new seawall, and consider sea level rise in determining the best elevation 5) Provide working river covenant as required by City Comp, Plan 1 respectfully recommend these 5 recommended conditions be included in the applicant's proffered covenant. Your time and continued support for the Miami River District are appreciated. Sincerely, 4, I, Brett Bibeau Managing Director, Miami River Commission EXHIBIT "B" Submitted into the public record for item(s) Pz.15 & 16 on 06123/2016, City Clerk