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HomeMy WebLinkAboutAnalysis & MapsCity of Miami Planning Department ANALYSIS FOR VACATION CLOSURE Staff Analysis Report No. PZ-19-5147 Location NE 64 Terrace is generally bounded by the following Thoroughfares: NE 67 Street to the north, NE 7 Av to the east, NE 64 Street to the south, and Biscayne Boulevard to the west Miami 21 Zoning Code Transects "T6-8-O", Urban Core -Open Zone and "T6-8-L", Urban Center- Limited Zone MCNP Designation Restricted Commercial Commission District 5 (City Commissioner: Christine King) Planners Mawusi Khadija Watson, Chief of Land Development Darren Murphy, Planner I, Email: dmurphy@miamigov.com Property Owner ACRE GCDM Bay Investments II, LLC Project Representative Nicolas Rodriguez, Esq.; nrodriguez@brzoninglaw.com A. REQUEST Pursuant to Chapter 55, Section 55-15 of the City of Miami Code of Ordinances (City Code), as amended, ACRE GCDM Bay Investments II, LLC (the "Applicant") requests to vacate and close from public use the Thoroughfare - NE 64 Terrace (the "NE 64 Terrace - Right of Way") that is approximately 13,791 square feet or 0.317 acre as of the Legion West - Tentative Plat #2073 (Formerly#2041)," the successor tentative plat approval to Tentative Plat No. 1978-A (First Revision) (the "Tentative Plat"). PZ-19-5147 NE 64 Terrace Closure 1 of 11 Figure 1: Aerial overview of the Property (cyan blue boundaries) with the proposed vacation and closure of NE 64 Terrace — Right of Way (red boundary) B. RECOMMENDATION Based on the Plat and Street Committee's recommendation of approval on March 6, 2025, the Planning Department recommends the Approval with Conditions to vacate and close the NE 64 Terrace - Right of Way based on the facts and findings in the report. PZ-19-5147 NE 64 Terrace Closure 2 of 11 C. PROJECT DATA Vicinity NE 64 Terrace traverses two Miami 21 Zoning Code's "T6-8-O", Urban Core Zone -Open and "T6- 8-L," Urban Core Zone -Limited "Miami 21 Code and the Miami Comprehensive Neighborhood Plan's (MCNP) Land Use designation of "Restricted Commercial", see Figures 2 and 3. The abutting properties share the same Zoning and MCNP's Land Uses, as NE 64 Ter. as listed in Table 1. Fgure 2: Miami 21 Transect Zone Map: This is the zoning around the street vacation and closure: pink shading (T6- 8-0) and brown shading ("T-6-8-L" formally `T5-0); proposed vacation and closure of NE 64 Terrace — Right of Way (red line) PZ-19-5147 NE 64 Terrace Closure 3 of 11 Figure 3: Future Land Use Map: This is the zoning around the street vacation and closure: pink shading (T6-8-O) and brown shading (T6-8-L) red shading ("Restricted Commercial"), and brown shading ("Restricted Commercial" formally Medium Density Multi Family); proposed vacation and closure of NE 64 Terrace (red line) SURROUNDING USES Miami 21 MCNP / Density Existing Use North "CS", Civic Space Zone Public Parks and Recreation Municipal South "T6-8-O", Urban Core Zone; "T5-R", Urban Center Zone Restricted Commercial; Medium Density Multifamily Residential / 65 du per acre Mix -use East "T6-8-O", Urban Core Zone Restricted Commercial / 150 du per acre Multifamily West "T5-R", Urban Center Zone Medium Density Multifamily Residential / 65 du per acre Mix Use Table 1 Surrounding Uses PZ-19-5147 NE 64 Terrace Closure 4 of 11 D. BACKGROUND The NE 64 Terrace - Vacation and Closun NE 64 Terrace is bounded by the following Thoroughfares: NE 67 Street to the north, NE 7 Av to the east, NE 64 Street to the south, and Biscayne Boulevard to the west, please see Figure 1. Based on the Applicant's Boundary and Topographic Survey, V-02, the NE 64 Terrace — Right of Way is approximately 13,791 square feet or 0.317 acres. Pursuant to Chapter 55, Sec. 55-4 of the City Code, the Applicant is requesting to subdivide their Property, which includes the proposed requested vacation and closure of the NE 64 Terrace — Right of Way. The Tentative Plat was reviewed for the vacation and closure of the NE 64 Terrace — Right of Way per Chapter 55, Section 55-15 of City Code by the Plat and Street Committee's meeting on March 6, 2025. PLAT BOOK nG� PAGE 1 LOT 2 N� a LOT 1 rr: 3aoK Gi EAU 49 TRACT"" 36,386 SOUARE.FEL LOT 11 LOT 14. BOUNDARY AND TOPOGRAPHIC SURVEY " AMENDED TRACT "B".:.• 37,064 SQUARE FEE A"C.E a.3 Saes ACRES T5—R LOT D TRACT"C" 27,978 SQUARE FEE1 ±0.642 ACRES LOT E �50R LOT F dice 6W43 NE 64Ti STREET 1e' LOT LOT A OSE TRACT "D" 17,j81 SQUARE FEET.. 20.40 ACRES 15—R ®� LoID GRAPHIC SCALE A150, rtl ALL ELEVATIONS TO CITY OF MIAMI Figure 4: Boundary and Topographic Survey, V-02(Legion West -Eastern Section) with an approximate boundary (red outline) of the Applicant's requested vacation and closure of the NE 64 Terrace as part of their approved Tentative Plat PZ-19-5147 NE 64 Terrace Closure 5 of 11 IsfIR;� :=7: — BOUNDARY AND TOPOGRAPHIC SURVEY m f. a• SUBDMSION 'c` A PLAT BOOK A - PAGE 1 7• M Ib_ TRACT "A"R°Pe .vo 20,367 SQUARE FEET t0.46 ACRES T1-0 LOT n 7 t I LOT 5 AP LEGION MLMORIUL PARK SUBDIISION PLAT BOOK A - PAGE 1 NSW Wit-zczem TRACT "F" 15,363 SQUARE FEET e 60.35 ACRES T6-8-0 SUBDNISIOB 'L" PLAPAGE 1T BOBK A APE BRICKEL SUBDIVISION PLAT BOOK B PAGE 11 ,'NE WT ERRACE 4 Figure 5: Boundary and Topographic Survey, V-03 (Legion West — Western section) with an approximate boundary (red outline) of the Applicant's requested vacation and closure of the NE 64 Terrace — Right of Way as part of their approved Tentative Plat !I GRAPHIC SCALE y�. i wcu=m rt Properties Affected by the Vacation and Closure of the NE 64 Terrace There are 11 properties (collectively the "Property") that abut the proposed vacation and closure of NE 64 Terrace — Right of Way, as listed: 610 NE 64 Terrace, 621 NE 64 Terrace, 625 NE 64 Terrace, 626 NE 64 Terrace, 630 NE 64 Terrace, 640 NE 64 Terrace, 645 NE 64 Terrace, 650 NE 64 Terrace, 675 NE 64 Terrace, 685 NE 64 Terrace, and 6443 Biscayne, please see Figure 1. The Applicant's request to vacate and close the NE 64 Terrace — Right of Way includes an adjacent property identified by the City address "6405 Biscayne Boulevard" and Folio No. "0132180100010". It is owned by Trifecta Mimo Place, LLC ("Trifecta"). Pursuant to Chapter 55, Section 55-15(b)(1), Trifecta has joined in this Tentative Plat. PZ-19-5147 NE 64 Terrace Closure 6 of 11 Historic and Environmental Preservation Miami Modern/Biscayne Boulevard Historic District Three properties, 621 NE 64Terrace, 6443 Biscayne Boulevard, and 610 NE 64 Terrace that abut the vacation and closure of the NE 64 Terrace — Right of Way are within the City's Miami Modern (MiMo) /Biscayne Boulevard Historic District, see Figure 3. As such, redevelopment of these sites shall adhere to all applicable land use requirements, as determined by the City's Planning Department staff. Furthermore, any proposed development is subject to the City Code, Chapter 23-6.2(a) and Chapter 23-6.2(b)(4), as amended. Archaeological conservation area Five properties 621 NE 64Terrace, 625 NE 64Terrace, 645 NE 64 Terrace, and 675 NE 64 Terrace, and 685 NE 64 Terrace abut the proposed vacation and closure of the NE 64 Terrace — Right of Way are within the City's "High Probability Archaeological conservation area". Per Chapter 23, Section 23-6.2(a) of City Code, a Certificate to dig is required for any ground - disturbing work in an archaeological zone. Figure 6: The Applicant's Property (within cyan blue boundaries) and the NE64 Terrace — Right of Way (red line) are within either the Miami Modern (MiMo)/Biscayne Boulevard Historic District (light pink) or an Archeological conservation area (medium pink). E. ANALYSIS Miami Comprehensive Neighborhood Plan (MCNP' NE 64 Ter has a Future Land Use (FLU) designation "Restricted Commercial," see Figure 4. The request to vacate and close the NE 64 Terrace — Right of Way aligns with the MCNP's Transportation Element, Goal TR-1 to reduce automobile congestion. PZ-19-5147 NE 64 Terrace Closure 7 of 11 Miami 21 Code NE 64 Terrace abuts two Miami 21 Code transect zones, "T6-8-O", Urban Core Transect- Open and "T6-8-L", Urban Core Transect-Limited, see Figure 5. The request to vacate and close the NE 64 Terrace — Right of Way aligns with the Miami 21 Code, Article 2, Section 2.1.3.2(d) regarding the interconnectivity of Thoroughfares designed to disperse and reduce the length of automobile trips and encourage bicycling and walking. The closure allows new development that may provide safe vehicular and pedestrian passages to the City's Legion park and surrounding new development. Therefore, the request conforms to the policies and goals of the MCNP and is consistent. Plat and Street Committee On March 6, 2025, the Plat and Street Committee met and approved the vacation and closure based on four criteria pursuant to Chapter 55, Section 55-15(c) of the City Code. Please see below: Chapter 55, Section 55-15(c) - Criteria Findings Criteria 1: Is it in the public interest, or would the general public benefit from the vacation of the rights of way or easement? Plat and Street Committee Finding 1: The public will benefit from the redevelopment of the site in accordance with the Miami 21 Code and public access will be enhanced by a cross -block passage. Planning Department Analysis 1: NE 64 Terrace is a one-way street without connectivity to the north or south of the Property. Per Miami 21 Code, Article 2, Section 2.1.3.2(d), the redevelopment of the Property has the potential to be designed to create an interconnected network of north -south pedestrian pathways linking the NE 64 St Thoroughfare to Legion Park. Planning Department Finding 1: Consistent Criteria 2: Is the general public no longer using the rights of way or easement, including public service vehicles such as trash and garbage trucks, police, fire, or other emergency vehicles? Plat and Street Committee Finding 2: Existing houses and structures have been demolished. It is currently a vacant land. There is no building that requires any garbage/trash service. The PZ-19-5147 NE 64 Terrace Closure 8 of 11 Chapter 55, Section 55-15(c) - Criteria Findings site is accessible from the adjacent main streets on three sides. Planning Department Finding 2: Planning defers to the Committee's finding. Criteria 3: Would there be no adverse effect on the ability to provide police, fire, or emergency services? Plat and Street Committee Finding 3: An additional easement will be provided by the developer to better accommodate the turn -around of emergency vehicles and other vehicular traffic. Planning Department Finding 3: Planning defers to the Committee's findings. Criteria 4: Would the vacation and closure of the rights of way or easements have a beneficial effect on pedestrian and vehicular circulation in the area? Plat and Street Committee Finding 4: Through the replatting process, pedestrian and vehicular circulation enhancements, mutually beneficial for the visitors of Legion Park and the surrounding neighborhoods, will be provided. Planning Department Analysis 4: All development shall comply with all applicable City Code and Miami 21 Code, as amended, by providing pedestrian passages accessibility, such as a cross block passage, and vehicular turn -around to allow for safe vehicular access. Planning Department Finding 4: Miami Comprehensive Neighborhood Plan: Goal TR-1: "Maintain an effective and cost-efficient circulation network that provides transportation for all persons while reducing both the dependency on automobiles and overall roadway congestion". Table 2: Plat and Street Committee recommendations and Staff review Additionally, the following City departments reviewed and approved this Tentative Plat: • Planning Department • Office of Zoning • Department of Resilience & Public Works PZ-19-5147 NE 64 Terrace Closure 9 of 11 F. CONCLUSION The application complies with the four criteria of Chapter 55, Section 55-15(b) of the City Code, as such, the Plat and Street Committee approved the request with conditions on March 6, 2025. Staff recommends Approval of the Applicant's request to vacate and close from public use the NE 64 Terrace - Right of Way as part of the Legion West - Tentative Plat #2073 (Formerly#2041)," the successor tentative plat approval to Tentative Plat No. 1978-A (First Revision) subject conditions in section G of this report. G. CONDITIONS 1. The closure and vacation of the NE 64 Terrace shall be developed in accordance with the survey plans entitled "Legion West - Tentative Plat #2073 (Formerly#2041)," the successor tentative plat approval to Tentative Plat No. 1978-A (First Revision),consisting of ten sheets, as prepared, signed, and sealed by Scott J. Perkins, Professional Surveyor, and Mapper, License number 5656 of Robayna and Associates, Inc. with a digitally signed seal date of 2/19/2025 and a Project Number 180065. 2. The Applicant, owner, or their successor shall meet all 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 to Dig shall be required for any ground -disturbing activity in archeological zones, archeological sites, or archeological conservation areas. 6. A Certificate of Appropriateness, granted by the Historic and Environmental Preservation Board, shall be required for any new construction, alteration, relocation, or demolition within a historic district, this includes the street closure along Biscayne Boulevard. 7. All new development within the Miami Modern / Biscayne Boulevard Historic District shall adhere to the 35-foot height limit established in Chapter 23, Section 23-6 of the City Code of Ordinances and in accordance with the Historic Design Guidelines and the Secretary of the Interior Standards for Historic Preservation. 8. A Certificate of Occupancy shall only be issued after all the required subdivision improvements have been completed. 9. The City reserves the right to inspect the site to ensure compliance with the conditions as listed. PZ-19-5147 NE 64 Terrace Closure 10 of 11 DocuSignedd by: PaAttii, J BLOW � l 7 r}, 1 David now Planning Director DocuSigned by: 4* 73 2C E, ... Graham Jones Assistant Planning Director Signed by: //�� Ort' W u.6,A 0,4,-kboVL JD9'e'FI•pG32.9Y-4t) ... Mawusi Khadija Watson Chief of Land Development PZ-19-5147 NE 64 Terrace Closure 11 of 11 I iP a g e AERIAL EPLAN ID: PZ-19-5147 VACATION CLOSURE ADDRESSES: 610 NE 64 TER, 621 NE 64 TER, 625 NE 64 TER, 626 NE 64 TER, 630 NE 64 TER, 640 NE 64 TER, 645 NE 64 ST, 645 NE 64 TER, 650 NE 64 TER, 675 NE 64 TER, 685 NE 64 TER, & 6443 BISCAYNE BLVD 0 125 250 500 Feet NOTICE This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making bodywfll review Ole Information at the public hearing to render a recommendation or a final decision. PZ-19-5147 07/18/23 MIAMI 21 (EXISTING) EPLAN ID: PZ-19-5147 VACATION CLOSURE ADDRESSES: 610 NE 64 TER, 621 NE 64 TER, 625 NE 64 TER, 626 NE 64 TER, 630 NE 64 TER, 640 NE 64 TER, 645 NE 64 ST, 645 NE 64 TER, 650 NE 64 TER,675 NE 64 TER, 685 NE 64 TER, & 6443 BISCAYNE BLVD 0 125 250 500 Feet NOTICE This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review Ole Information at the public hearing to render a recommendation or a final decision. PZ-19-5147 07/18/23 T5-O NE 66TH'ST T5-L NE 65TH ST- 2 NE 67TH ST T3=L CS UNNAMED T6-8-O `NE 64TH TER i -NE'63RD ST T4-R NE 64TH ST w w z 0 NE 63RD ST