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Home My WebLink AboutAnalysis and MapsPLANNING DEPARTMENT Project Fact Sheet This document is used to provide a summary for Planning Department related projects. Project Name: PZ-21-10206 Project Address: 415 NE 62 St 401 NE 62 St, 6300 NE 4 Av, 6301 NE 4 Av, 6350� Company Name: Magic City Properties IV Primary Contact: George Helmstetter NOTICE This su bmittal needs b be sche Wee br a public hearing in co,dance wkh tlmelln, set forth in the City of M_I CWe.7he applicade decon-making body will renew Uie inbnna0on at the pubk hearing t. render a n-com dado ora flnM decieon. r PZ-21-10206 7� 04/05/22 Lead Staff: Darren Murphy, Planner I Principal Division: Land Development Email: dmurphy@miamigov.com Email: Ghelmstetter@plazaequity.com A six -foot -wide public utility easement that runs east to west and north to south through a portion of the Property Secondary Contact: Ben Fernandez, Esq. that has a total area of approximately (326.33 feet x 6 11 feet)1,958 square feet (0.0450 acre) in size. The Utility Email: bfernandez@brzonininglaw.com Easement is a "general platted utility easement" that is Inot specific to any one utility. Based on the Plat and Street Committee's findings at their Plat and Street Committee meeting on June 9, 2020, and the staff's analysis, the Planning Department recommends the Approval with Conditions of the Applicant's request to vacate and close from public use one Utility Easement. K !R� Revision Date: 06/15/2021 0 HEPB 0 UDRB ❑✓ City Commission ✓0 PZAB 0 WDRC 0 AIPP Existing Transect Zone(s): D1 Existing FLUM(s): Restricted Commercial Commissioner District(s): 5, Christine King Department of Human Service Neighborhood Service Center(s): Little Haiti Service Center at Arthur E. Te(6 Department Director: Cesar M. Garcia -Pons, AICP, LEEP AP NOTICE This submktd —d- be sch—kd b, a pubk hearing ccprd-- Omelines se[ froth r the Clty & Mlami CM, . Theapp[I, de deed-mskingbogy- renewthe Intimation at the pubic hear ng to render a PZ-21-10206 7\\ 04/05/22 eJ City of Miami Planning Department° ANALYSIS FOR Vacation and Closure of a Public Utility Easement Staff Analysis Report No. PZ-21-10206 Location 415 NE 62 Street, 401 NE 62 Street, 415 NE 62 Street, 6300 NE 4 Avenue, 6301 NE 4 Avenue, 6350 NE 4 Avenue, and 6380 NE 4Avenue Folio Number 0132180470010, 0132180140030, 0132180470010, 0132180200330,0132180200361,0132180200320,and 0132180200321 Miami 21 Transect "D1", Work Place District Zone; Magic City Innovation District Special Area Plan SAP Overlay MCNP Designation Restricted Commercial Commission District 5, City Commissioner: Christine Kin Neighborhood Service Little Haiti Service Center at Arthur E. Teele Jr. Community Center I Center, Garry Lafaille, Administrator; GLafaille@miamigov.com Planner Darren Murphy, Planner I, Email: dmurphy@miamigov.com Property Owner Magic City Properties N, LLC; George Helmstetter; Email: Ghelmstetter lazae ui .com; Ph. 954 630-8808 Project Representative Ben Fernandez; Email: bfernandez@brzonininglaw.com A. REQUEST Pursuant to Chapter 55, Section 55-15 of the City of Miami Code of Ordinances (City Code), the property owner, Magic City Properties N, LLC (the "Applicant") is requesting, through the replatting process, to vacate and close from public use one six -foot -wide platted utility easement that runs east to west and north to south through a portion of the site that has a total area of approximately 1,958 square feet (0.0450 acre) (the "Utility Easement"), please see Figure 1. Based on the Plat and Street Committee's findings at their Plat and Street Committee meeting on June 9, 2020, and the staff's analysis, the Planning Department recommends the Approval with Conditions of the Applicants request to vacate and close from public use one Utility Easement. Staff Analysis Report No. (PZ-21-10206_VC) — Page 1 of 12 04/1 /2022 Page 1 of 13 NOTICE This submktal rcebcto be sc —kd b, a pubic hearing ccmd—wish —111 set forth n the Citypf MlanC ie. Theappli,d, d-d,n-making —y- rexew Ne Iniarnadpn of the pubic hear ng to renter a PZ-21-10206 7\\ 04/05/22 eJ EXHIBIT "AA SKETCH & LEGAL DESCRIPTION 6' UTILITY EASEMENT (PLAT BOOK 87, PAGE 23) TO BE VACATED REID ACRES (P.B. 50-84) o T R A C T "f" Ix 5 TRACT ;4" 0-5' N. LINE ACCORDING TO CIRCUR" COURT DEGREE TAOF TRACT JULY 9,1928 CHANCERY CASE A). 9035-1 [(PR 87-23) 140.35 1-1VORTH 1JNE TRACT 3 y, Np1pTH &' OF TRACT A' (R8 51-38) u'y. (PR-87-23)° �h 4 �MEASEMENT SUBJECT �5.0 w W es, C � RONI SUBDIVISION o 25' i 130' X � r / T RPB c7T 23 A" I a`yi 0 vY/iJ LL w Wm¢ lr 7 IL a WEST LINE, TRACT "A" (PR 87-23) ~ Z 6 O W =U` y w (L WEST 6' OF TRACT "A" i I IL (PO 87-23) LY Q w 6' URLTTY EASEMENT I � � a: O TO OE VACATED I a q. O �o ssp L4 LL r1G.DG' _ CP &0 SW CORNER t I TRACT 'A" 140.35 145. Ga�_-_- (87=23) _ _ _ 105.90'� _ J — _ 34.45' -- — _ L NE 62nd STREET w" � o SECOND CORRECTED PLAT Q OF PIERCE'S SUBDIVISION OF LEMON CITY (PB 2-21) w I BLOCK 18 I I �9• �--SOUTH LINE NW 114 SEC 18-53-#2 5E CORNER SW 1/4, NW I%4 SEC 16-53-42 _ 0' 60, 120' 180, 0 5CALE : 1" - 60' Figure 1: 6-foot Utility Easement to be Vacated (Utility Easement = black hatching) Staff Analysis Report No. (PZ-21-10206_VC) — Page 2 of 12 04/1 /2022 Page 2 of 13 Page 3 of 13 I I TRACT _H�RACT�M' I � 1 I REID ACRES (PB 50-84) ca TRACT "N" CS ZONING LIMITS - apt OHO JOYCE PROPEIRI T L (PB 5 TRACT 1 NW CORNER OF I D NW114,SW114 }I SEC. 18-5342 BLOCK 8 N.E. 62nd STr c �I�FR TO E 61s1P 5 �I ES - NOTICE This submktdr do be schebuk:d b, a pubk hearing ccprd-- Omelines se[ forth ri the Clty & Mlan CM, . The pp [I, de tleci9pn-making —y - renewthe Inbmatipn A the pubic hear ng to render a PZ-21-10206 7\\ 04/05/22 eJ THIS SURVEY � (SHADED) 7RA4T" ` "P" TRACT (PH }Y6-2T' RACl "d "� N.E. Oft ERRACE ��yo (PNO 04) 101 \ ^ ^� 7RACr 'A' °p O 10z O �P3Q I U In MCIO.12 �m UF2Ux3M SUBDIVISION 3) TRACT 2 LOCATION LOCATION MAP IN SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST AND IN SECTION 13, TOWNSHIP 53 SOUTH, RANGE 41 EAST CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA SCALE: 1 "=300' 0' 300' 600' 900' 4 z CS SE CORNER OF SWV4,NW114 SECTION 185342 Figure 2: Applicant's Tentative Plat - "MCID-1 " (gray shading), Tract A" (west of NE 4 Avenue) and Tract `B" (east of NE 4 Avenue), six properties Replatting request for the Magic City SAP The Applicant proposes replatting of the following six properties: 415 NE 62 Street, 401 NE 62 Street, 415 NE 62 Street, 6300 NE 4 Avenue, 6301 NE 4 Avenue, 6350 NE 4 Avenue, and 6380 NE 4 Avenue (collectively the "Property"), please see Figure 2. The Property is described on the Tentative Plat and is generally located within the following roadway boundaries: NE 64Terrace to the north, Florida East Coast Railway to the east, NE 62 Street to the south, and NE 2 Avenue to the west. The Property is approximately 138,471 square feet (3.178 acres) in size and is composed of TractA and Tract B. Staff Analysis Report No. (PZ-21-10206_VC) — Page 4 of 12 04/1 /2022 Page 4 of 13 NOTICE This submktdr do be schebuk:d b, a pubk hearing ccprd-- Omelines se[ forth r the Clty & Mlami CM, . The pp [I, de tleci9pn-making —y - renewthe Inbmatipn at the pubic hear ng to render a PZ-21-10206 7\\ 04/05/22 eJ The Property is part of the Magic City Innovation District Special Area Plan (the "Magic City SAP") approved on June 27, 2019, by the City of Miami Commission Ordinance 13849. The Magic City SAP contemplates the platting and closure of rights -of -ways and easements, including this Utility Easement, to develop the proposed plan. Description of the Utility Easement Currently, there is a six -foot -wide public utility easement that runs east to west and north to south through a portion of the Property that has a total area of approximately 1,958 square feet (0.0450 acre) in size, please see Figure 1. Finally, the Utility Easement is a "general platted utility easement" that is not specific to any one utility. : WI-1101_1A'L.yL.*1 Miami Comprehensive Neighborhood Plan (MCNP) Based on the MCNP. the Applicant's Property has the land use designation of "Restricted Commercial". The adjacent properties to the north and east have the land use designation of "Restricted Commercial", whereas the adjacent property to the south has the land use designation of "Restricted Commercial" and "Light Industrial". The property to the west has the land use designation of "Recreation", please see Figure 3. Areas designated as "Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Residential", which is 65 du/ac. Also, this FLU -designation allows commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways. The Applicants request to vacate and close the Utility Easement to replat and redevelop the Property aligns with the MCNP's Policy LU-1.1.7: "Landdevelopment regulations and policies will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. " The purpose of this Utility Easement vacation and closure, based on the based on the Applicant's Letter of Intent is to redevelop the Property holistically as part of the Applicant's overall Magic City SAP's Master Plan. Therefore, the request to vacate and close this Utility Easement conforms to the policies and goals of the MCNP and is found to be consistent. Staff Analysis Report No. (PZ-21-10206_VC) — Page 5 of 12 04/1 /2022 Page 5 of 13 NOTICE This submktd —d- be sch—kd b, a pubk hearing ccprd-- Omelines se[ forth r the Clty & Mlami CM, . Theapp[I, de deed-mskingbogy- renewthe Intimation at the pubic hear ng to render a PZ-21-10206 7\\ 04/05/22 eJ Figure 3: Future Land Use Map: The Property (cyan blue outline), Restricted Commercial (dark red); Light Industrial (light purple); Medium Density Multifamily Residential (light brown); Duplex Residential (light yellow); Recreation (light green); Restricted Commercial (light red) Miami 21 Zoning Code (Miami 21 Code) Based on the Miami 21 Code, the Property is zoned "D1 ", Work Place District Zone (D1). The adjacent parcels to the north, east, and south are zoned "D1", whereas the adjacent parcel to the west is zoned "CS", Civic Space Zone, please see Figure 4. The "D1" transect zone consists of the least regulated Building type and accommodates commercial and industrial Uses of a scale and with a Streetscape that facilitates vehicular access. The Applicant's request to vacate and close the Utility Easement to replat and redevelop the Property aligns with the Miami 21 Code's Article 2, Section 2.1.3.1(b): "Growth strategies should encourage Infill and redevelopment. " The Applicant's request to vacate and close the Utility Easement conforms to the policies and goals of the Miami 21 Code. The request is consistent, as the purposed of the closure is to redevelop the site holistically as part of the Magic City SAP Master Plan. Staff Analysis Report No. (PZ-21-10206_VC) - Page 6 of 12 04/1 /2022 Page 6 of 13 NOTICE This submktal rcebcto be sc —kd b, a pubYc hearing ccprd—wish 111 set fprih r the MY pf MlanC 1e. Theappli,d, d-d,n-making—yxnLL ren—the Infdrnalion at the pubis hear ng tp renter a PZ-21-10206 7\\ 04/05/22 eJ Figure 4:Miami 21 Transect Zone: The Property (cyan blue outline), D1 (purple); CS (green); T5-L (brown); T4-0 (light brown); T3-L (yellow) Special Area Plan The Property is part of the Magic City SAP, see Figure 5. Pursuant to the Applicant's Magic City SAP's Development Agreement, Section 4 - Purpose (the "Development Agreement"): "The purpose of this Agreement is for the City to authorize the Developer to redevelop the SAP Property as the Magic City Innovation District SAP. " Furthermore, based on the Applicant's Letter of Intent, the Property is part of the first phase of the SAP that was approved to be developed with new buildings pursuant to the Magic City SAP Master Plan, and the existing utility easement is not necessary to provide service to the proposed new development. This aligns with the Applicant's Development Agreement that authorizes the City to allow the Developer to establish the allocation of land for Building sites. Therefore, the Applicant's request is consistent. Staff Analysis Report No. (PZ-21-10206-VC) - Page 7 of 12 04/1 /2022 Page 7 of 13 NOTICE This submktdr do be schebuk:d b, a pubk hearing ccprd-- Omelines se[ forth r the Clty & Mlami CM, . The pp [I, de tleci9pn-making —y - renewthe Inbmatipn at the pubic hear ng to render a PZ-21-10206 7\\ 04/05/22 eJ Figure 5: Magic City SAP (brown hatching), the Property (cyan blue outlie) F. NEIGHBORHOOD SERVICES Pursuant to Article 7, Section 7.1.3.4 of the Miami 21 Code, the Planning Department has made referrals to the agencies below: • Office of Zoning • Neighborhood Service Center — Little Haiti Service Center at Arthur E. Teele Jr. Community Center • Office of Code Compliance • Department of Resilience & Public Works G. FINDINGS Plat and Street Committee Meeting — June 9, 2020 At the June 9, 2020, Plat and Street Committee meeting, the Plat and Street Committee (the "Committee") approved the Applicant's "MCID 1 -Tentative Plat #1956-A (First Resubmittal)" involving the vacating and closing of a single Utility Easement from public use. The Committee's considerations are with respect to the four items, please below, in making their recommendations to the Planning, Zoning, and Appeals Board (PZAB), pursuant to Chapter 55, Section 55-15 of the City of Miami Code of Ordinances. Staff Analysis Report No. (PZ-21-10206—VC) — Page 8 of 12 04/1 /2022 Page 8 of 13 Page 9 of 13 Page 10 of 13 NOTICE This submktdr do be schebuk:d b, a pubk hearing ccprd-- Omelines se[ froth r the Clty & Mlami CM, . The pp [I, de tleci9pn-mxking —y - renewthe Inbmatipn at the pubic hear ng to render a PZ-21-10206 7\\ 04/05/22 eJ Criteria Findings while reducing both the dependency on automobiles and overall roadway congestion" H. CONCLUSION The proposed vacating and closing of the Utility Easement is a critical element to the success of the Magic City SAP Area's objectives in providing Public Open Space/Civic Space, PedestrianA/ehicular Circulation, and Thoroughfares/Frontages, as illustrated in the Applicant's "Magic City Innovation District Area Plan Concept Book". I. CONDITIONS Pursuant to Chapter 55, Section 55-15 of the City of Miami Code of Ordinances, and the findings, the Planning Department recommends Approval with Conditions of the vacation and closure of the Utility Easement from public use as proposed in the "MCID 1 -Tentative Plat #1956-A (First Resubmittal)", subject to the following conditions: 1. The closure and vacation of the Utility Easement shall be developed in accordance with the survey plans entitled "MCID 1 -Tentative Plat #1956 A (First Resubmittal)" consisting of two sheets, digitally signed and sealed by Geoffrey Leiter, P.S.M. No. 6395 State of Florida, on April 16, 2021, using a Digital Signature. 2. The Applicant, owner or their successor shall meet applicable development standards identified in the Miami 21 Code and all applicable local, county, state, and federal regulations. 3. The Applicant, owner, or their successor shall provide an access plan for review and acceptance by the City's Fire -Rescue, Police, Solid Waste Departments, and the Capital Improvements Program/Office Transportation. 4. A building permit, including phased permits, will not be issued on the property being platted until the final plat is recorded or as authorized by Section 55-10(i) of the City of Miami Code of Ordinances, as amended. 5. A Certificate of Occupancy shall only be issued after all the required subdivision improvements have been completed. 6. The City reserves the right to inspect the site to ensure compliance with the conditions listed. 7. The Applicant, owner, or their successor shall comply with the conditions of approval stated for the Application to vacate and close this Utility Easement, as set forth in a letter dated June 9, 2020, issued by the Department of Resilience and Public Works. Staff Analysis Report No. (PZ-21-10206_VC) — Page 11 of 12 04/1 /2022 Page 11 of 13 NOTICE This submktdr dcto be schebuk:d b, a pubic hearing ccprdance — Omelines se[ forth r the Clty & Mlami CM, . The pp [I, de tleci9pn-making hotly- renewthe Inbmatipn at the pubic hear ng to render a PZ-21-10206 7\\ 04/05/22 eJ The Applicant shall provide a written request to the City's Office of Capital Improvements and Department of Resilience and Public Works to obtain a Confirmation ("Confirmation"). If the Confirmation indicates that funds were expended, the City's Finance Department and Office of Management and Budget will determine the amount of the City's expenditure, specifically including the expenditure of restricted funds (bond funds, grant funds, or otherwise) for such improvements as a separate line item. The City Manager or his or her designee will issue a Total Expenditure, which shall specify the amount that the Applicant must repay to the City ("Total Expenditure"). Said Confirmation and, if applicable, Total Expenditure must be obtained prior to the scheduling of a public hearing regarding the vacation and closure before the City Commission, or before the PZAB for the Alternative Method under the City Code Section 55-15(i) and 0) of the City of Miami Code of Ordinances, payment to the City of the amount indicated on the Total Expenditure shall be paid to the City before recordation of the Final Plat in accordance with Section 55-8 of the City Code, or before scheduling for PZAB consideration for the Alternative Method under the City Code Section 55-15(i) and 0) of the City of Miami Code of Ordinances. Payment to the City of the amount indicated on the Total Expenditure shall be paid to the City before recordation of the Final Plat in accordance with Section 55-8 of the City of Miami Code of Ordinances, or before scheduling for PZAB consideration for the Alternative Method under the City Code Section 55-15(i) and 0) of the City of Miami Code of Ordinances. Attachments: Attachment 1 — "MCID 1 -Tentative Plat #1956-A (First Resubmittal) Attachment 2 —Approved - City of Miami Plat and Street Committee Letter, dated June 9, 2020 Staff Analysis Report No. (PZ-21-10206—VC) — Page 12 of 12 04/1 /2022 Page 12 of 13 Jacqueline Ellis Chief of Land Development NOTICE Th1 sub 1needstpbssch,dAd%,apubdchearing «p,dancp whh dn,eonl se<Iphh In me ❑Ir m Ml—,C le. The app-He decision -making body x1U __-InPo .., at[he pubkc heaaing[p renders PZ-21-10206 Jam\ 04/05/22 Page 13 of 13 AERIAL EPLAN ID: PZ-21-10206 VACATION CLOSURE ADDRESS: 415 NE 62 ST NOTICE Thissubre".Lneedsto besched.Wd fora pubec hearing ccortlance with bmelines ad forth in the City of Miami Code. The applicab be decision -making body will renew Me information at the pu bec hearing to tender a n rrmendati on or a final d-id on. PZ-21-10206 04/05/22 0 62.5 125 250 Feet I " PUB4.1c.y� a � i