HomeMy WebLinkAboutHEPB (6675) ResolutionFile Number: 6675
City of Miami City Hall
3500 Pan American Drive
HEPB Resolution Miami, FL 33133
www.miamigov.com
Enactment Number: HEPB-R-19-060
Final Action Date: 11/5/2019
A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD, PURSUANT TO SEC. 23-6.2 OF THE CITY CODE OF
ORDINANCES, DENYING AN APPLICATION FOR A SPECIAL CERTIFICATE OF
APPROPRIATENESS FOR ALTERATIONS ON A NON-CONTRIBUTING
PROPERTY, LOCATED AT APPROXIMATELY 6789 BISCAYNE BOULEVARD,
MIAMI, FLORIDA, 33138, WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD
HISTORIC DISTRICT.
WHEREAS, on or about January 4, 2019, Joey Cancel on behalf of La Placita @ Miami,
LLC ("Applicant") applied to the City of Miami ("City") for an after -the -fact Special Certificate of
Appropriateness pursuant to Section 23-6.2(b)(4) of the City of Miami Code of Ordinances ("City
Code") for the painting of two (2) murals on a non-contributing property ("Original Application")
located at approximately 6789 Biscayne Boulevard, Miami, Florida 33138 under Folio No. 01-
3218-009-0010 ("Property"), which is within the Miami Modern/Biscayne Boulevard Historic
District ("MiMo"); and
WHEREAS, the City's Historic Preservation Office recommended denial of the Original
Application for the reasons set forth in that Staff Analysis, which is as a part of Attachment A to
Exhibit "A"; and
WHEREAS, on March 5, 2019, the Historic and Environmental Preservation Board
("HEPB") considered the Original Application at a duly noticed public hearing and denied the
Application via the adoption of Resolution No. HEPB-R-19-012, by a vote of five to three (5-3);
and
WHEREAS, the Applicant filed an appeal from Resolution No. HEPB-R-19-012 to the
City Commission pursuant to Section 23-6.2(e) of the City Code ("Appeal"); and
WHEREAS, on July 25, 2019, the City Commission held a duly noticed public hearing on
the Appeal wherein the City Commission remanded the matter back to the HEPB to consider
alternative solutions pursuant to the Applicant's request, and further directed the Applicant to
submit the new application for a Special Certificate of Appropriateness within sixty (60) days,
directed the Applicant and Planning Department to expeditiously complete the proposal, and
provided that there will be no Code Compliance enforcement or fines in the interim; and
WHEREAS, the Applicant filed a new application for a Special Certificate of
Appropriateness for an alternate proposal on the building fagade consisting of neon lighting and
aluminum panels ("New Application"); and
WHEREAS, the Staff Analysis for the New Application is attached hereto as Exhibit "A",
and Attachment A of Exhibit "A" includes the Staff Analysis for the Original Application and the
City of Miami Page 1 of 3 File ID: 6675 (Revision:) Printed On: 121212019
HEPB Resolution for the Original Application (Resolution No. HEPB-R-19-012); and
WHEREAS, the City's Historic Preservation Office recommended approval of the New
Application for the reasons set forth in the Staff Analysis, which is attached and incorporated as
Exhibit "A"; and
WHEREAS, on November 5, 2019, HEPB held a duly noticed public hearing on the -New -
Application wherein the Applicant represented that the alternate proposal was not economically
feasible and requested an "exception" that would allow approval for the existing murals on the
Property—essentially requesting that the HEPB reconsider the Original Application; and
WHEREAS, after consideration of the Applicant's comments and concerns during the
November 5, 2019 public hearing on the New Application, the HEPB hereby denies the New
Application for the Special Certificate of Appropriateness; and
WHEREAS, the HEPB reiterates that the HEPB Resolution No. HEPB-R-19-012 denying
the Original Application still stands and that the murals be removed and painted over within the
Minto guideline colors pursuant to same; and
WHEREAS, the HEPB hereby reaffirms its denial of the Original Application, to the
extent that the Applicant has requested the HEPB to reconsider that denial by virtue of the
Applicant's request at the November 5, 2019 hearing for an "exception" that would allow
approval of the existing murals on the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD 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 Historic and Environmental Preservation Board ("HEPB"), in light of the
comments and concerns expressed by the Applicant and for the reasons stated herein and on
the record, and as supported by the evidence at all hearings in this matter and other evidence in
the record, hereby denies the Special Certificate of Appropriateness for the neon lighting and
aluminum panels on the non-contributing property located at approximately 6789 Biscayne
Boulevard, Miami, Florida 33138 under Folio No. 01-3218-009-0010, which is within the MIMO
Historic District. The HEPB, in light of the comments by the Applicant during the November 5,
2019 hearing that the Applicant desired to proceed under the relief requested in the Original
Application, and for the reasons stated herein and on the record, and as supported by the
evidence at all hearings in this matter and other evidence in the record, hereby reaffirms its
adoption of Resolution No. HEPB-R-19-012 and its denial of the after -the -fact Special Certificate
of Appropriateness pursuant to Section 23-6.2(b)(4) of the City of Miami Code of Ordinances
("City Code") for the painting of two (2) murals on a non-contributing property.
Section 3. This Resolution shall become effective immediately upon adoption.
THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION
WITHIN FIFTEEN (15) DAYS. - - ---
City of Miami Page 2 of 3 File ID: 6675 (Revision:) Printed On: 121212019 . 11
Presery tion Officer
STATE OF FLORIDA )
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Personally appeared before me, the undersigned authority, W iAYY-en AMtS , Preservation Officer of the City of Miami,
Florida, and acknowledges that s/he executed the foregoing Resolution.
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City of Miami Page 3 of 3 File ID: 6675 (Revision:) Printed On: 121212019
ANALYSIS FOR A SPECIAL
CERTIFICATE OF APPROPRIATENESS
APPLICANT: Joey Cancel
PROJECT ADDRESS: 6789 Biscayne Blvd.
NET OFFICE: Upper Eastside
COMMISSION DISTRICT: District 5 (Keon Hardemon)
A. GENERAL INFORMATION:
PROJECT NO: PZ -19-3943
ZIP: 33138
HEARING DATE: 11/5/2019
STATUS: Non-contributing
REQUEST: Pursuant to Section 23-6.2(b)(4) of the City Code of Ordinances, as amended, the
Applicant is requesting a Special Certificate of Appropriateness for alterations to a non-
contributing structure on a parcel zoned T5-0 "Urban Center Transect Zone" and T3 -L "Sub -Urban
Transect Zone".
The subject property is located within the South Elmira Subdivision and the Upper Eastside Net Area.
The site is located on the southeast corner of Biscayne Boulevard and NE 68 Street (complete legal
description is on file with Hearing Boards).
Folio: 0132180090010
Lot Size: Approximately 22,116 sq. ft.
B. BACKGROUND:
On June 6, 2006, the Historic and Environmental Preservation Board, pursuant to Ordinance No.
HEPB-2006-59, designated the subject property located at 6789 Biscayne Boulevard, as part of the
MiMo/BiBo Historic District.
On March 5, 2019, the HEPB, pursuant to Resolution No, HEPB-R-19-012, denied an application for
an after -the -fact Special Certificate of Appropriateness for the painting of murals (Attachment A).
On July 25, 2019, in consideration of the applicant's appeal of HEPB-R-19-012, the City Commission
remanded the application back to the Historic and Environmental Preservation Board for review of
alternative proposals (Attachment B).
W. Adams 6789 Biscayne Blvd. Project No. PZ -19-3943
10/15/2019 Page 1 of 6
City of Miami
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Planning Department
Historic Preservation Office
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ANALYSIS FOR A SPECIAL
CERTIFICATE OF APPROPRIATENESS
APPLICANT: Joey Cancel
PROJECT ADDRESS: 6789 Biscayne Blvd.
NET OFFICE: Upper Eastside
COMMISSION DISTRICT: District 5 (Keon Hardemon)
A. GENERAL INFORMATION:
PROJECT NO: PZ -19-3943
ZIP: 33138
HEARING DATE: 11/5/2019
STATUS: Non-contributing
REQUEST: Pursuant to Section 23-6.2(b)(4) of the City Code of Ordinances, as amended, the
Applicant is requesting a Special Certificate of Appropriateness for alterations to a non-
contributing structure on a parcel zoned T5-0 "Urban Center Transect Zone" and T3 -L "Sub -Urban
Transect Zone".
The subject property is located within the South Elmira Subdivision and the Upper Eastside Net Area.
The site is located on the southeast corner of Biscayne Boulevard and NE 68 Street (complete legal
description is on file with Hearing Boards).
Folio: 0132180090010
Lot Size: Approximately 22,116 sq. ft.
B. BACKGROUND:
On June 6, 2006, the Historic and Environmental Preservation Board, pursuant to Ordinance No.
HEPB-2006-59, designated the subject property located at 6789 Biscayne Boulevard, as part of the
MiMo/BiBo Historic District.
On March 5, 2019, the HEPB, pursuant to Resolution No, HEPB-R-19-012, denied an application for
an after -the -fact Special Certificate of Appropriateness for the painting of murals (Attachment A).
On July 25, 2019, in consideration of the applicant's appeal of HEPB-R-19-012, the City Commission
remanded the application back to the Historic and Environmental Preservation Board for review of
alternative proposals (Attachment B).
W. Adams 6789 Biscayne Blvd. Project No. PZ -19-3943
10/15/2019 Page 1 of 6
C. COMPREHENSIVE PLAN:
The subject property is a non-contributing structure within the MiMo/Biscayne Boulevard Historic
District constructed in 2009. Pursuant to Goal LU -2, 2.3 and 2.4 of the Miami Neighborhood
Comprehensive Plan the City will preserve and protect the heritage of the City of Miami through the
identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of Miami's
historic and archeological resources.
The Applicant's request for alterations to a commercial parcel is in accordance with the
Comprehensive Plan, Chapter 23 of the City of Miami Code of Ordinances, the Secretary of Interior
Standards, and the Preservation Office Historic Design Guidelines.
D. SUBJECT PRIOR TO PAINTING:
W. Adams
10/15/2019
6789 Biscayne Blvd. Project No. PZ -19-3943
Page 2 of 6
PROPOSED ART INSTALLATION:
E. NEIGHBORHOOD CHARACTERISTICS:
ZONING
Subject Property
T5-0; Urban Center Transect Zone
(MiMo/BiBo Historic District)
W. Adams
10/15/2019
FUTURE LAND USE DESIGNATION
Commercial
Maximum of 65 D.U. per acre
6789 Biscayne Blvd. Project No. PZ -19-3943
Page 3 of 6
T3 -L; Sub -Urban Transect Zone
(Minto/BiBo Historic District)
Surrounding Properties
NORTH: T5-0; Urban Center Transect Zone
(Minto Historic District)
T3 -L; Sub -Urban Transect Zone
(MiMo & Bayside Historic Districts)
SOUTH: T5-0; Urban Center Transect Zone
(MiMo Historic District)
T3 -L; Sub -Urban Transect Zone
(MiMo Historic District)
EAST: T3 -L; Sub -Urban Transect Zone
(Bayside Historic District)
WEST: T5-0; Urban Center Transect Zone
(MiMo Historic District)
F. ANALYSIS:
Single Family Residential District
Maximum of 9 D.U. per acre
Commercial
Maximum of 65 D.U. per acre
Single Family Residential District
Maximum of 9 D.U. per acre
Commercial
Maximum of 65 D.U. per acre
Single Family Residential District
Maximum of 9 D.U. per acre
Single Family Residential District
Maximum of 9 D.U. per acre
Commercial
Maximum of 65 D.U. per acre
The following is a review of the request pursuant to 23-6.2(b)(4) of the City Code of Ordinances, the
Preservation Office Historic Design Guidelines, and the Secretary of the Interior's Standards.
Analysis: The applicant is proposing to paint the structure white and install an art installation depicting
the Puerto Rican flag. The art installation will be constructed from red, white, and blue
aluminum composite panels lit with red, white, and blue LED outdoor lighting. The proposed
construction will allow the flag to be seen in daylight and in the dark.
Section 23-6.2(h)(1) of the City of Miami Code of Ordinances states:
"Generally, for applications relating to alterations or new construction as required in
subsection (a) the proposed work shall not adversely affect the historic,
architectural, or aesthetic character of the subject structure or the relationship and
congruity between the subject structure and its neighboring structures and
surroundings, including but not limited to form, spacing, height, yards, materials,
color, or rhythm and pattern of window and door openings in building facades; nor
shall the proposed work adversely affect the special character or special historic,
architectural or aesthetic interest or value of the overall historic site, historic district,
or multiple property designation. Except where special standards and guidelines
have been specified in the designation of a particular historic resource, historic
district, or multiple property designation, or where the board has subsequently
adopted additional standards and guidelines for a particular designated historic
W. Adams 6789 Biscayne Blvd. Project No. PZ -19-3943
10/15/2019 Page 4 of 6
resource, historic district, or multiple property designation, decisions relating to
alterations or new construction shall be guided by the U. S. Secretary of the Interior's
"Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings".
The Secretary of the Interior's Standards for Rehabilitation state:
5. Distinctive features, finishes, and construction techniques or examples of
craftsmanship that characterize a property shall be preserved.
90, New additions and adjacent or related new construction shall be undertaken in
such a manner that if removed in the future, the essential form and integrity of the
historic property and its environment would be unimpaired.
The subject structure is a non-contributing structure within the MiMo Historic District that was built in
2009. Architectural features are limited to concrete eyebrows over windows and doors, recessed corner
windows, and a parapet and metal rails at roof level. The proposed art installation will not adversely affect
the architectural character of the structure but will accentuate the eyebrows and parapet. The subject will
also blend with neighboring structures and its surroundings as many historic structures within the district
incorporate neon signage. The installation also appears to be reversible which will allow the option of
returning the building to its original appearance in the future.
Special standards and guidelines adopted in the City of Miami include the "MiMo/Biscayne Boulevard
Historic District Design Guidelines" which state:
"Neon lighting is encouraged as an architectural accent".
Therefore, based on the above, the proposed art installation appears to be consistent with Chapter 23 of
the City Code, the Secretary of the Interior's Standards, and the MiMo/Biscayne Boulevard Historic
District Design Guidelines. There is some concern regarding the attachment of the art installation to the
structure which will require "_.some perforations to the existing structure along the entire area occupied
by these panels with bolts or expansion screws....", If the art installation is removed in the future, all
damaged areas of the building fabric shall be repaired and painted.
If this application is continued for modifications to the proposed design, the building shall be painted
white or appropriate MiMo colors at the earliest opportunity during the design modification process.
Findings: Consistent
G. NEIGHBORHOOD SERVICES:
Code Compliance Required
Building Required
NET Required
W. Adams 6789 Biscayne Blvd. Project No. PZ -19-3943
10/15/2019 Page 5 of 6
H. CONCLUSION:
The application has demonstrated compliance with Chapter 23 entitled "Historic Preservation" of
the City of Miami Code of Ordinances and the Secretary of the Interior's Standards. Staff finds the
request complies with all applicable criteria and finds that the request for a Special Certificate of
Appropriateness for alterations does not adversely affect the historic, architectural, or aesthetic
character of the subject structure or the aesthetic interest or value of the historic district subject to
the following conditions as stipulated in subsection "I" entitled "Recommendation" as listed below.
I. RECOMMENDATION:
Pursuant to Section 23-6.2(b)(4) of the City of Miami Code of Ordinances, as amended, the Historic
Design Guidelines, and the Secretary of Interior Standards, the Preservation Office recommends
approval with conditions of the request for a Special Certificate of Appropriateness.
The site shall be developed in accordance with the plans as prepared by Jorge R. Ferra
Fernandez, P.E. submitted as part of application PZ -19-3943. The plans are deemed as being
incorporated by reference herein.
If the art installation is removed in the future, all damaged areas of the building fabric shall be
repaired and painted.
If this application is continued for modifications to the proposed design, the building shall be
painted white or appropriate MiMo colors at the earliest opportunity during the design
modification process.
4. The Resolution shall be included in the master permit set,
5. The Applicant shall comply with all applicable requirements of the Miami 21 Code and Chapter
17 and Chapter 23 of the City of Miami Code of Ordinances.
6. The Applicant shall comply with the requirements of all applicable departments/agencies as part
of the City of Miami building permit submittal process.
Warren Adams
Preservation Officer
W. Adams 6789 Biscayne Blvd. Project No. PZ -19-3943
10/15/2019 Page 6 of 6
1 � 1
Enactment Number: HEPB-R-19-012
File Number: 5524
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:3/5/2019
A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD, PURSUANT TO SEC. 23-6.2(4) OF THE CITY CODE OF
ORDINANCES, DENYING AN APPLICATION FOR AN AFTER -THE -FACT
SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE PAINTING OF
MURALS ON A NON-CONTRIBUTING PROPERTY, LOCATED AT
APPROXIMATELY 6789 BISCAYNE BOULEVARD, MIAMI, FLORIDA, 33138,
WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD HISTORIC DISTRICT;
FURTHER, INCORPORATING BY REFERENCE THE FINDINGS IN THE STAFF
ANALYSIS ATTACHED HEREIN AS "EXHIBIT A".
THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS
DIVISION WITHIN FIFTEEN (15) DAYS.
Preservation Officer
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
S/,zrzg
Date
Personally appeared before me, the undersigned authority, W10%(C'tl1 F\0(0 MS , P eseriation Officer of the City of \1iami,
Florida, and acknowledges that s/he executed the foregoing Resolution.
Zf,
SWORN AND SUBSCRIBED BEFORE ME THIS 'yDAY OF O V C) 2019
�tiv+a C-�Urrztal�2
Print Notary Name `/
Personally know or Produced I.D,
Type and number of 1. D. produced
Did take an oath or Did not take an oath
C4Notapu—te of Florida
My Commission Expires:
t,AY?u%', SILVIAGONZALEZ
MY COMMISSION N GG 051561
*..o EXPIRES: Novomber 30, 2020
Bonded Th. Notary Public Underwriters
City of Miami Page 1 of 1 File ID: 5524 (Revision:) Printed On: 3/26/2019
City of Miami
HEPB Resolution
Enactment Number: HEPB-R-19-012
File Number: 5524
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:3/5/2019
A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD, PURSUANT TO SEC. 23-6.2(4) OF THE CITY CODE OF
ORDINANCES, DENYING AN APPLICATION FOR AN AFTER -THE -FACT
SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE PAINTING OF
MURALS ON A NON-CONTRIBUTING PROPERTY, LOCATED AT
APPROXIMATELY 6789 BISCAYNE BOULEVARD, MIAMI, FLORIDA, 33138,
WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD HISTORIC DISTRICT;
FURTHER, INCORPORATING BY REFERENCE THE FINDINGS IN THE STAFF
ANALYSIS ATTACHED HEREIN AS "EXHIBIT A".
THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS
DIVISION WITHIN FIFTEEN (15) DAYS.
Preservation Officer
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
S/,zrzg
Date
Personally appeared before me, the undersigned authority, W10%(C'tl1 F\0(0 MS , P eseriation Officer of the City of \1iami,
Florida, and acknowledges that s/he executed the foregoing Resolution.
Zf,
SWORN AND SUBSCRIBED BEFORE ME THIS 'yDAY OF O V C) 2019
�tiv+a C-�Urrztal�2
Print Notary Name `/
Personally know or Produced I.D,
Type and number of 1. D. produced
Did take an oath or Did not take an oath
C4Notapu—te of Florida
My Commission Expires:
t,AY?u%', SILVIAGONZALEZ
MY COMMISSION N GG 051561
*..o EXPIRES: Novomber 30, 2020
Bonded Th. Notary Public Underwriters
City of Miami Page 1 of 1 File ID: 5524 (Revision:) Printed On: 3/26/2019
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City of Pi31a1n1
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Planning Department
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Historic Preservation Office
ANALYSIS FOR A SPECIAL
APPLICANT: Joey Cancel PROJECT NO: PZ -19-653
PROJECT ADDRESS: 6789 Biscayne Blvd. ZIP: 33138
NET OFFICE: Upper Eastside HEARING DATE: 3/5/2019
COMMISSION DISTRICT: District 5 (Kean Hardemon) STATUS: Non-contributing
A. GENERAL INFORMATION:
REQUEST: Pursuant to Section 23-6.2(b)(4) of the City Code of Ordinances, as amended, the
Applicant is requesting an after -the -fact Special Certificate of Appropriateness to allow for the
painting of murals on a parcel zoned T5-0 "Urban Transect Zone" and T3 -L "Sub -Urban Transect
Zone".
The subject property is a non-contributing structure located within the South Elmira Subdivision and
the Upper Eastside Net Area. The site is located on the southeast corner of Biscayne Boulevard and
NE 68 Street (complete legal description is on file with Hearing Boards).
Folio: 0132180090010
Lot Size: Approximately 22,116 sq. ft.
B. BACKGROUND:
On June 6, 2006, the Historic and Environmental Preservation Board, pursuant to Ordinance No.
HEPB-2006-59, designated the subject property located at 6789 Biscayne Boulevard, as part of the
MiMo/BiBo Historic District.
C. COMPREHENSIVE PLAN:
The subject property is a non-contributing structure within the MiMo/Biscayne Boulevard Historic
District constructed in 2009. Pursuant to Goal LU -2, 2.3 and 2.4 of the Miami Neighborhood
Comprehensive Pian the City will preserve and protect the heritage of the City of Miami through the
identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of Miami's
historic and archeological resources.
W, Adams $789 Biscayne Blvd, Project No. PZ -19-653
2/1412019 Page 1 of 5
The Applicant's request for an after -the -fact approval for the painting of murals on a commercial
parcel is in accordance with the Comprehensive Plan, Chapter 23 of the City of Miami Code of - --
Ordinances, the Secretary of Interior Standards, and the Preservation Office Historic Design
Guidelines.
D. SUBJECT PRIOR TO PAINTING:
�At-IN,
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FRONT MURAL:
W. Adams 6739 Biscayne Blvd, Project No. PZ -19-653
2114/2019 Page 2 of 5 l
i
REAR MURAL:
E. NEIGHBORHOOD CHARACTERISTICS:
ZONING
Subject Property
T5-0; Urban Transect Zone
(MiMo/BiBo Historic District)
T3 -L; Sub -Urban Transect Zone
(MiMo/BiBo Historic District)
Surrounding Properties
NORTH: T5-0; Urban Transect Zone
T3 -L; Sub -Urban Transect Zone
(MiMo & Bayside Historic Districts)
SOUTH: T5-0; Urban Transect Zone
T3 -L; Sub -Urban Transect Zone
(MiMo Historic District)
EAST: T3 -L; Sub -Urban Transect Zone
(Bayside Historic District)
W. Adams
2/14/2019
FUTURE LAND USE DESIGNATION
Commercial
Maximum of 65 D.U. per acre
Single Family Residential Disfrict
Maximum of 9 D.U. per acre
Commercial
Maximum of 65 D.U. per acre
Single Family Residential District
(Maximum of 9 D.U. per acre
Commercial
Maximum of 65 D.U. per acre
Single Family Residential District
Maximum of 9 D.U. per acre
Single Family Residential District
Maximum of 9 D.U. per acre
6789 Biscayne Blvd. Project No. PZ -19-653
Page 3 of 5
WEST: T5-0; Urban Transect Zone Commercial
(Minto Historic District) Maximum of 65 D.U. per acre
F. ANALYSIS:
The following is a review of the request pursuant to 23-6.2(b)(4) of the City Code of Ordinances, the
Preservation Office Historic Design Guidelines, and the Secretary cf the Interior's Standards.
Analysis: On December 27, 2018, the Preservation Office received several emails and telephone calls
informing staff that a mural depicting the Puerto Rican flag was being painted on the north
and west elevations of the three-story structure located on the southeast corner of Biscayne
Boulevard and NE 68 Street. A Certificate of Appropriateness had not been issued for these
alterations. A Code Compliance Officer informed the applicant that a COA was required for
painting and a violation for not having a COA was issued; however, the work continued and
the mural, which includes the artist's signature, was completed. It was also brought to the
attention of Staff that a smaller mural had been painted on the east elevation. Although this
mural is to the rear of the building, it is visible from the right-of-way.
Section 23-6.2(h)(1) of the City of Miami Code of Ordinances states:
"Generally, for applications relating to alterations or new construction as required in
subsection (a) the proposed work shall not adversely affect the historic,
architectural, or aesthetic character of the subject structure or the relationship and
congruity between the subject structure and its neighboring structures and
surroundings, including but not limited to form, spacing, height, yards, materials,
color, or rhythm and pattern of window and door openings in building facades, nor
shall the proposed work adversely af;ect the special character or special historic,
architectural or aesthetic interest or value of the overall historic site, historic district,
or multiple property designation. Except where special standards and guidelines
have been specified in the designation of a particular historic resource, historic
district, or multiple property designation, or where the board has subsequently
adopted additional standards and guidelines for a particular designated historic
resource, historic district, or multiple property designation, decisions relating to
alterations or new construction shall be guided by the U. S. Secretary of the Interior's
"Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings".
Special standards and guidelines adopted in the City of Miami are:
1. The Historic Design Guidelines which state:
"Artistic murals or patterns are not allowed and require HEPB approval'.
"Exterior paint colors should highlight the architectural features on a structure, but
not detract from them. Appropriate paint colors shall be chosen for a facade based
on its architectural style and historic context. A successful paint scheme enhances
the look of a structure, however when inappropriate colors are applied it can be
detrimental to the architecture°,
W. Adams 6789 Biscayne Blvd. Project No. PZ -19-653
2/14/2019 Page 4 of 5
"Dark colors and bright hues are NOT allowed on structures".
2. The MiMo/Biscayne Boulevard Historic District Design Guidelines that include a
selection of forty-four suggested color palettes approved by the HEPB on March 2, 2009
to provide possible color combinations that would be appropriate for the Mjfvlo/BiBo
Historic District.
The murals do not comply with the above as, firstly, no HEPB approval for the artistic murals
or patterns has been obtained as the work was undertaken without the submission of a COA
application. Secondly, the paint colors and patterns, especially on the west and east facades
do not highlight the architectural features but actually obscure and detract from them. Thirdly,
the colors chosen for the murals are not consistent with the prevailing paint schemes within
the historic district as they are not from the pre -approved color palette.
Findings: Not Consistent
G. NEIGHBORHOOD SERVICES:
Code Compliance Required
Building Required
NET Required
K CONCLUSION:
The application has not demonstrated compliance with Chapter 23 entitled "Historic Preservation" of
the City of Miami Code of Ordinances and the Secretary of the Interior's Standards. Staff finds the
request does not comply with all applicable criteria and finds that the request for an after -the -fact
Special Certificate of Appropriateness for the painting of murals does adversely affect the historic,
architectural, or aesthetic character of the subject structure and the aesthetic interest or value of the
historic district.
I. RECOMMENDATION:
Pursuant to Section 23-6.2(6)(4) of the City of Miami Code of Ordinances, as amended, and the
Secretary of Interior Standards, the Preservation Office recommends denial of the after -the -fact
Special Certificate of Appropriateness. If the application is denied, the Board may consider making
a recommendation that the building be painted in a paint scheme chosen from the pre -approved
color palette or, the applicant, while working with Staff and the MiMo Biscayne Association, may
consider painting the building white and installing neon artwork depicting the Puerto Rican flag.
Warren Adams
Preservation Officer
W. Adams 6789 Biscayne Blvd. Project No. PZ -19-653
2/14/2019 Page 5 of 5
I' I
City of Miami
O
° k `
Resolution:
File Number: 5770
Legislation
City of Miami Page 1
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING
THE APPEAL FILED BY JOEY CANCEL ("APPELLANT") AND
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL,
PURSUANT TO SECTION 23-6.2(b)(4) OF THE CITY CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR AN AFTER -
THE -FACT SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE
PAINTING OF MURALS ON A NON-CONTRIBUTING PROPERTY LOCATED
AT APPROXIMATELY 6789 BISCAYNE BOULEVARD, MIAMI, FLORIDA,
WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD ("MIMO") HISTORIC
DISTRICT WITH THE FOLIO NUMBER 0132180090010.
WHEREAS, on March 5, 2019, the Historic and Environmental Preservation Board
("HEPB"), at a duly noticed public hearing, considered Item No. HEPB.7, pursuant to Section
23-6.2(b)(4) of the City Code, the application for an after -the -fact Special Certificate of
Appropriateness for the painting of murals on a non-contributing property located at
approximately 6789 Biscayne Boulevard, Miami, Florida 33138, within the Miami
Modern/Biscayne Boulevard Historic District with the folio number 0132180090010, and
adopted Resolution No. HEPB-R-19-012 by a vote of five to three (5-3) denying the same; and
WHEREAS, pursuant to the applicable provisions of Section 23-6.2(b)(4) of the City
Code of Miami, Florida, as amended ("City Code"), applications for Special Certificates of
Appropriateness are processed in accordance with the procedures set forth for Special
Certificates of Appropriateness; and
WHEREAS, on March 14, 2019, Joey Cancel (''Appellant"), filed an appeal to the City
Commission pursuant to Section 23-6.2(e) of the City Code; 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 reverse, affirm or modify the decision of the
HEPB denying the application for an after -the -fact Special Certificate of Appropriateness for the
painting of murals on a non-contributing property located at approximately 6789 Biscayne
Boulevard, Miami, Florida 33138, within the Miami Modern/Biscayne Boulevard ("MIMO")
Historic District with the folio number 0132180090010, pursuant to Section 23-6.2(b)(4) of the
City Code; and
WHEREAS, for the reasons stated on the record, at the public hearing on May 23, 2019,
the City Commission grants/denies the appeal and reverses/affirms/modifies the HEPB decision
contained in Resolution No. HEPB-R-19-012 as it pertains to the appeal of this property;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
of 2 File ID: 5770 (Revision:) Printed On: 10/15/2019
File ID: 5770
Enactment Number:
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 grants/denies the appeal and reverses/affirms/modifies
the decision of the HEPB as set forth in Resolution No. HEPB-R-19-012 and denies/grants the
application for an after -the -fact Special Certificate of Appropriateness for the painting of murals
on a non-contributing property located at approximately 6789 Biscayne Boulevard, Miami,
Florida 33138, within the MI MO Historic District with the folio number 0132180090010.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ria i i ' ndez, City Attor ey 4/30/2019
' If the Mayor does not sign this Resolution, it shall become effective at the end of ten
(10) calendar days from the date it was passed and adopted. If the Mayor vetoes this
Resolution, it shall become effective immediately upon override of the veto by the City
Commission.
City of Miami Page 2 of 2 File ID: 5770 (Revision:) Printed on: 1011512019
ti,N%Ot -le
City of Miami
City Hall
rT11
3500 Pan American Drive
Correctness
Master Report
Miami, FL 33133
g www.miamigov.com
5/23/2019
Meeting
Completed
oke
5/23/2019
CONTINUED
Passed
Enactment Number:
6/27/2019
File Number: 5770 File Type: Resolution Status: REMANDED TO HISTORIC
& ENVIRONMENTAL
PRESERVATION BOARD
Revision: Controlling Body: City Commission
File Name: HEPB Decision Appeal - 6789 Biscayne Blvd Introduced: 4/11/2019
Requesting Dept: Department of Planning Final Action Date:
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE
APPEAL FILED BY JOEY CANCEL ("APPELLANT") AND
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD'S DENIAL, PURSUANT TO SECTION 23-
6.2(b)(4) OF THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF
THE APPLICATION FOR AN AFTER -THE -FACT SPECIAL CERTIFICATE OF
APPROPRIATENESS FOR THE PAINTING OF MURALS ON A NON-CONTRIBUTING
PROPERTY LOCATED AT APPROXIMATELY 6789 BISCAYNE BOULEVARD, MIAMI,
FLORIDA, WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD ("MIMO")
HISTORIC DISTRICT WITH THE FOLIO NUMBER 0132180090010.
Notes:
Links: Linked To: HEPB-R-19-012: A RESOLUTION OF THE MIAMI HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD, PURSUANT TO SEC. 23-6.2(4) OF THE CITY CODE OF
ORDINANCES, DENYING AN APPLICATION FOR AN AFETR-THE-FACT SPECIAL CERTIFICATE OF
APPROPRIATENESS FOR THE PAINTING OF MURALS ON A NON-CONTRIBUTING PROPERTY,
LOCATED AT APPROXIMATELY 6789 BISCAYNE BOULEVARD, MIAMI, FLORIDA, 33138, WITHIN
THE MIAMI MODERN/BISCAYNE BOULEVARD HISTORIC DISTRICT; FURTHER, INCORPORATING
BY REFERENCE THE FINDINGS IN THE STAFF ANALYSIS ATTACHED HEREIN AS "EXHIBIT A".
Attachments: 5770 - HEPB (5524) Resolution (PDF)
5770- Appeal Letter (PDF)
5770-Submittal-Mariela Lopez De Albear-Letters from Area Residents (PDF)
5770-Submittal-Mariella Lopez De Albear-Letter to Commissioners (PDF)
5770 -Submittal -Commissioner Gort-Police Department Specials Events Permit for La Placita Mural (PDF)
5770 -Submittal -Joey Cancel -La Placita Alternative Flag PowerPoint Presentation (PDF)
History of Legislative File:
Revision: Acting Body: Date: Action: Result:
Victoria Mendez
4/30/2019
Approved Form and
Completed
Correctness
City Commission
5/23/2019
Meeting
Completed
City Commission
5/23/2019
CONTINUED
Passed
City Commission
6/27/2019
Meeting
Completed
City Commission
6/27/2019
CONTINUED
Passed
City Commission
7/25/2019
Meeting
Completed
City Commission
7/25/2019
REMANDED TO HISTORIC &
Passed
ENVIRONMENTAL
PRESERVATION BOARD
City of Miami Page 1 of 2 Printed on: 10/15/2019
:0\ OA 1,
City of Miami
Master Report
q R l
Enactment Number:
City Hall
3500 Pan American Drive
Miami. FL 33133
www.miamigov.com
City of Miami Page 2 of 2 Printed on: 10/15/2019