HomeMy WebLinkAboutR-26-0099City of Miami
Resolution R-26-0099
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18709 Final Action Date: 2/26/2026
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PURSUANT TO CHAPTER 55, SECTION 55-15 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, CLOSING, VACATING, ABANDONING,
AND DISCONTINUING FOR PUBLIC USE THE THOROUGHFARE OF
NORTHEAST 64 TERRACE ("NE 64 TERRACE RIGHT OF WAY") GENERALLY
BOUNDED BY NORTHEAST 67 STREET TO THE NORTH, NORTHEAST 7
AVENUE TO THE EAST, NORTHEAST 64 STREET TO THE SOUTH, AND
BISCAYNE BOULEVARD TO THE WEST, AS MORE PARTICULARLY
DESCRIBED IN THE ATTACHED EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 55, Section 55-15 of the Code of the City of Miami,
Florida, as amended ("City Code"), the property owner, ACRE GCDM Bay Investments II, LLC
("Applicant") requested to vacate and close from public use the Northeast 64 Terrace - Right of
Way that is approximately 13,791 square feet, or 0.317 acres, and is part of their City of Miami
Plat and Street Committee -approved Legion West - Tentative Plat #1978-A - First Resubmittal
(the "Tentative Plat") approved at the June 3, 2021 Plat and Street Committee meeting
("Northeast 64 Terrace - Right of Way"); and
WHEREAS, the requested vacation and closure of Northeast 64 Terrace - Right of Way
is generally bounded by the following Thoroughfares: Northeast 67 Street to the north,
Northeast 7 Avenue to the east, Northeast 64 Street to the south, and Biscayne Boulevard to
the west; and
WHEREAS, the properties that are affected by the Applicant's requested vacation and
closure are: 610 Northeast 64 Terrace, 621 Northeast 64 Terrace, 625 Northeast 64 Terrace,
626 Northeast 64 Terrace, 630 Northeast 64 Terrace, 640 Northeast 64 Terrace, 645 Northeast
64 Terrace, 650 Northeast 64 Terrace, 675 Northeast 64 Terrace, 685 Northeast 64 Terrace,
and 6443 Biscayne Boulevard (collectively, the "Property"); and
WHEREAS, pursuant to Chapter 55, Section 55-4 of the City Code, the Applicant seeks
to redevelop the Property abutting the Northeast 64 Terrace — Right of Way; and
WHEREAS, the City's Planning Department found that the Applicant's proposed
redevelopment of the Property abutting the Northeast 64 Terrace — Right of Way aligns with the
development goals as set forth in Article 2, Section 2.1.2 of Ordinance No. 13114, the Zoning
Code of the City of Miami, Florida, as amended, ("Miami 21 Code") and the vacation and
closure requirements as set forth in Chapter 55, Section 55-15 of the City Code; and
WHEREAS, one (1) adjacent property abuts the Applicant's Property that is identified by
the City address 6405 Biscayne Boulevard, Folio No. 0132180100010, and is owned by Trifecta
Mimo Place, LLC ("Trifecta"); and
City of Miami Page 1 of 5 File ID: 18709 (Revision:) Printed On: 3/24/2026
File ID: 18709 Enactment Number: R-26-0099
WHEREAS, pursuant to Section 55-15(b)(1) of the City Code, Trifecta has joined in this
Applicant's Tentative Plat; and
WHEREAS, City Planning staff identified a portion of the Northeast 64 Terrace - Right of
Way as being located within the City's designated "Miami Modern (MiMo)/Biscayne Boulevard
Historic District," and the Applicant's future proposed redevelopment shall adhere to all
applicable land use requirements, as determined by the City's Planning Department staff; and
WHEREAS, pursuant to Chapter 23, Section 23-6.2 of the City Code, titled Certificate of
Appropriateness ("COA"), the Applicant's proposed Development shall be subject to the
following applicable sections: Chapter 23, Section 23-6.2(a) and Chapter 23, Section 23-
6.2(b)(4) of the City Code; and
WHEREAS, the City's Planning Department, based on the Applicant's request to vacate
and close the Northeast 64 Terrace - Right of Way, found that it aligns with the intent of the
City's Miami Comprehensive Neighborhood Plan's Transportation Element, Goal TR-1 to reduce
automobile congestion; and
WHEREAS, the City's Planning Department found that the Applicant's request to vacate
and close the Northeast 64 Terrace - Right of Way, aligns with the intent of 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; and
WHEREAS, based on the Plat and Street Committee's findings and recommendation of
approval, where they voted 5 (five) in favor and 0 (zero) in denial, at their meeting on June 3,
2021, the Planning Department recommends approval of the request to close and vacate 64
Terrace - Right of Way, subject to the following conditions:
1. The closure and vacation of the Northeast 64 Terrace shall be developed in
accordance with the survey plans entitled "Legion West - Tentative Plat #1978-A (First
Resubmittal)" consisting of six (6) 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 5/18/2021 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.
City of Miami Page 2 of 5 File ID: 18709 (Revision:) Printed on: 3/24/2026
File ID: 18709 Enactment Number: R-26-0099
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 area of 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; and
WHEREAS, pursuant to 55-15(c), the abovementioned the Right -of -Way shall revert to
the abutting property owner(s) pursuant to such Section; and
WHEREAS, pursuant to Chapter 55, Section 55-15(a) of the City Code, any funds
expended by the City, including expenditures of restricted funds (bond funds, grant funds, or
otherwise) for such improvements on the right-of-way proposed for closure, shall be repaid by
the Applicant before recordation of the Final Plat; and
WHEREAS, the City's Resilience and Public Works Department indicated that there was
a City project in the area, but not within the fifty (50) year look back period and that no restricted
funds were used, therefore, no funds are due to the City; and
WHEREAS, based on the "Legion West" Tentative Plat #1978-A VACATION OF RIGHT
OF WAY — EXPENDITURES OF FUNDS/RESTRICTED FUNDS CONFIRMATION
("CONFIRMATION") Letter drafted by the Office of Capital Improvements dated March 9, 2022,
there have been no capital projects managed by the Office of Capital Improvements in the
subject area; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on
December 17, 2025, following an advertised public hearing, passed, Resolution No. PZAB-25-
088, Item PZAB. 15, recommending denial of the closure, as the motion to approve failed by a
vote of three to five (3-5); and
WHEREAS based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to approve the closure, vacation, abandonment,
and discontinuance for public use the NE 64 Terrace - Right of Way;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission approves the closure, vacation, abandonment, and
discontinuance for public use of the Thoroughfare — Northeast 64 Terrace generally located
City of Miami Page 3 of 5 File ID: 18709 (Revision:) Printed on: 3/24/2026
File ID: 18709 Enactment Number: R-26-0099
within the boundaries of Northeast 67 Street to the north, Northeast 7 Avenue to the east,
Northeast 64 Street to the south, and Biscayne Boulevard to the west, as more particularly
described In Exhibit "A," attached and incorporated, pursuant to Chapter 55, Section 55-15(c) of
the Code of the City of Miami, as proposed in the Legion West - Tentative Plat #1978-A (First
Resubmittal) with the following conditions:
1. The closure and vacation of the Northeast 64 Terrace shall be developed in
accordance with the survey plans entitled "Legion West - Tentative Plat #1978-A (First
Resubmittal)" consisting of six (6) 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 5/18/2021 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 area of 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.
Section 4. Approval of the requested vacation and closure shall be valid for a period of
four (4) years and shall remain independent of the referenced tentative plat during this period,
pursuant to Section 55-15 of the City Code.
Section 5. This Resolution shall become effective ten (10) days after adoption.
1 This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
City of Miami Page 4 of 5 File ID: 18709 (Revision:) Printed on: 3/24/2026
File ID: 18709 Enactment Number: R-26-0099
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III, C y ttor -y 3/12/2026
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 5 of 5 File ID: 18709 (Revision:) Printed on: 3/24/2026