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HomeMy WebLinkAboutAppeal Letter & Supporting DocumentationBilzin Sumberg ATTORNEYS AT LAW Stanley B. Price, Esq. Tel 305.350.2374 1.f. Fax 305.351.2204 sprice@bilzin.com :.,;,October 20, 2009 Mr. Anel Rodriguez Hearing Boards, City of Miami Seventh Floor Miami Riverside Center 444 S.W. Second Avenue Miami, Florida 33130 RE: Notice of Appeal: Bacardi Building 2100 Biscayne Boulevard and Surrounding Properties, Miami, FL Dear Mr. Rodriguez: Pursuant to the provisions of Section 23-4(c)(7) of the City of Miami Code, Bacardi Imports, Inc. ("Bacardi") hereby appeals the decision of the Historic Preservation Board ("Board") of the City of Miami which was made at its regularly scheduled public hearing of Tuesday, October 6, 2009 as it relates to the Bacardi properties. Initially, it must be noted that it is not the intention of Bacardi to challenge the designation as to the existing 8-story building, the Annex Building and a portion of the Plaza area from being designated by the Board. (See Exhibit "A" attached). Bacardi intends to honor its obligation of maintaining the property pursuant to the provisions of Chapter 23 of the City Code. It must be noted, however, that at the public hearing, I advised the Board that decisions made by Bacardi with respect to its properties are made by its Board of Directors. At the hearing of October 6, 2009, the Board designated additional properties owned by Bacardi to the north of the existing 8-story building. This additional land area designation was not contemplated by Bacardi's Board of Directors' authorization agreeing to the designation of only the footprint of the 8-story structure, the Annex Building and a portion of the Plaza area. Bacardi's Board of Directors will not be able to conduct a Directors meeting, or appropriately review and consult with parent company officials, prior to the expiration of the appellate time delineated in the City of Miami Code. Accordingly, we must await instructions from our client on how they wish us to proceed with the appeal. In addition to the foregoing, over the past several months, we have initiated discussions with the City in regard to the utilization of Transfer of Development Rights, the closing of the existing alleyway north of the designated areas, and other possible incentives to Bacardi as a result of the historic preservation on the property. Many of these proposed changes may be introduced prior to second reading of the adoption of the Miami 21 ordinance, as well as other possible modifications to existing code of ordinances and regulations of the City. Absent the ability to fully comprehend the ultimate property rights attributable to Bacardi as a result of the historic designation, Bacardi is unable to formulate an appropriate business decision to determine the impact of the historic designation on its holdings within the City of Miami. BILZIN SUMBERG BAENA PRICE & AXELROD LLP 200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131-5340 Tel 305.374.7580 Fax 305.374.7593 vV'VW bilzin,co!T Mr. Anel Rodriguez October 20, 2009 Page 2 Bacardi has long been recognized as a leader in the field of arts, charities and other elements consumed in our urban fabric. It is proud of its contribution to our community and fully intends to contribute to enhancing the community as a model corporate citizen. We continue to pledge to work with the City administration in resolving these issues on a timely basis and further wish to assure the City that Bacardi will preserve these historic structures and Plaza for the enjoyment of citizens of the City of Miami and to the many visitors who visit the South Florida area. We would respectfully suggest that this matter should be deferred until such time as the City Commission has reviewed the suggested changes to its Land Development Regulations. Re pe tfully submitted 414 ey B. Price SBP:cb cc: Rick J. Wilson, General Counsel, Bacardi Ana Gelabert, Planning Director, City of Miami Ellen Uguccioni, Preservation Officer, City of Miami MIAMI 1964446.5 7871531905 10/20/09 09:49 AM BILZIN SUMBERG BAENA PRICE & AXELROD LLP EXHIBIT "A" =:.i Designation Offered byrOwner THESE DESIGNS MO DRAWINGS ARE ITIE COMIGMED NE CONTRACTOR Musa MECN AHD VERIFY ALL DIMENSIONSi TIELJOS µB BE RESPONEBLE OH UWE REPORTING NW DISCRPANCENOT BE TOTHHE ARCHITECT WOREC MEN SPECIFIC WO. OPAWINGS NOT OF BE 6Gl[u.Eci. fN]A/ QA-1B—NJ.V3€18 PROGRESS SET - NOT FOR CONSTRUCTION ao Ofi a x x 1 r t c r s RESOLUTION N.O. HEPB-2009-64 A RESOLUTION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB") OF THE CITY OF MIAMI, FLORIDA, DESIGNATING THE BACARDI BUILDINGS 2100 BISCAYNE BOULEVARD, AS A HISTORIC RESOURCE AND LISTING THEM IN THE" MIAMI REGISTER OF HISTORIC PLACES, AFTER FINDING THAT THEY MEET CRITERIA (3) AND (5) OF SECTION 23-4 OF THE MIAMI CITY CODE AND THAT THE OFFICIAL HISTORIC AND ENVIRONMENTAL PRESERVATION ATLAS OF THE CITY OF MIAMI, FLORIDA BE AMENDED TO REFLECT THEIR DESIGNATION WITH THE FOLLOWING CONDITIONS. 1. That the boundary include both the Tower and Annex structures and the plaza between and around them, and an additional portion of the property directly north of the east property line and extending northward approximately 45 feet and then west approximately 80 feet 2. That a signed and sealed survey describing this area be provided by the applicant to the city's historic preservation section for the record. 3. That any development that occurs on the westernmost parcel on the southernmost portion of the block .be subject to administrative review by the Planning Department through the Internal Design Review Process, which will include the participation of the Preservation Officer. PASSED AND ADOPTED THIS 6TH DAY OF OCTOBER, 2009. ITEM NO. VOTE: 1 8T00 ELLEN/. UGOCCIONI PRESEVATI7N OFFICER WYLLIAM E. HOPPER, P{ CHAIRMAN ITEM HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FACT SHEET NAME The Bacardi Buildings ADDRESS 2100 Biscayne Boulevard LHD-2009-01 PROJECT DESCRIPTION Consideration of approval of historic resource designation and an amendment to the Official Historic and Environmental Preservation Atlas of the City of Miami, Florida, pursuant to Chapter 23 of the Miami City Code. ANALYSIS Please see the designation report. September 1, 2009 Uguccioni, Ellen From: Sent: To: Cc: Subject: Stanley B. Price [sprice@bilzin.com] Monday, October 05, 2009 10:41 AM Uguccioni, Ellen Rick Wilson; A. Vicky Garcia -Toledo; Hernandez, Paul Bacardi Ellen: I hope you are feeling better and that you are over your cold. I have been authorized by Bacardi to voluntarily agree to the designation of the footprint of the existing two structures and the plaza area. We would ask that the remaining portions of the proposed site not be designated and we will agree to submit any development plans for the western o ion of the site for administrative review by the Plannin. De.the City. In addition we wilragree o excee the existing eight of the existing structure located on the corner . treet from the existing setback from Biscayne Blvd. The City staff has committed that certain modifications to Miami 1,i .luding but not limited to the transfer of development rights to adjacent properties,an increase in the bonus for TDR's, the abi Ito close the existing private alleyway and other mitigation techniques will be incorporated into the final draft of Miar �r ii 21. We sincerely thank you for the courtesies you have extended to us and we look forward in helping the City preserve`tltese significant structures coupled with the recognition of private property rights. Stanley B. Price Bilzin Sumberg Baena Price & Axelrod LLP 200 South Biscayne Boulevard, Suite 2500 Miami, Florida 33131-5340 www.bilzin.com Please consider the environment b Tel 305.350.2374 Direct Fax 305.351.2204 spricebilzin.com printing this e-mail. Bilzin Sumberg Cares. ***TAX ADVICE DISCLOSURE*** Pursuant to Internal Revenue Service Circular 230, we are required to advise you that if there is any tax advice contained herein, it is not intended to be used, and cannot be used, by the addressee or any taxpayer, for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code. This message contains information which may be confidential and privileged. 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Thank you very much... 1 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139. www.miamibeachfl.gov PLANNING DEPARTMENT Tel: 305-673.7550, Fax: 305-673-7559 April 28, 2009 Dr. William Hopper Chair Historic and Environmental Preservation Board Planning Department City of Miami 444 SW.2nd Avenue Miami, FL 33130 Re: City of Miami Beach Historic Preservation Board Resolution Supporting Designation of the Bacardi USA Building, 2100 Biscayne Boulevard Dear Dr. Hopper: I am writing to inform you and the members of your Board that the City of Miami Beach Historic Preservation Board supports designating the Bacardi USA building, at 2100 Biscayne Boulevard, as an historic structure and site in Miami. Attached herewith, please find the Resolution adopted by the City of Miami Beach Historic Preservation Board, at its April 12, 2009 meeting. We wish you and your Board members the best of good luck in protecting this most impressive and significant icon of modernism in Miami. Most sincerely, William H. Cary Assistant Director for Jorge Gomez Director c. City of Miami Beach Historic Preservation Board Jorge Gomez Thomas Mooney Michael Belush Debbie Tackett F:\PLAN\ALL\GEN_CORR\EXTERNAL\whc-Bacardi Bldg HPB Reso.doc We are committed to providing excellent public service to all who live, work and play in our `vibrant, tropical, historic comrn unity, City o.f Miami Beach Historic Preservation Board RESOLUTION A RESOLUTION OF THE CITY OF MIAMI BEACH HISTORIC PRESERVATION BOARD RESPECTFULLY URGING THE CITY OF MIAMI TO DESIGNATE THE BACARDI USA PROPERTY AT 2100 BISCAYNE BOULEVARD AS AN HISTORIC SITE AND HISTORIC STRUCTURE. WHEREAS, the Bacardi USA building, located at 2100 Biscayne Boulevard, Miami, Florida, is an important and unique record of the influence of modernism on tropically -inspired architecture and foretells Miami's signature amalgam of the modem and the traditional, the most striking characteristic of the international image of Miami today, and WHEREAS, in the words of Miami architect, Allan Shulman, the Bacardi USA building is "a modern project of classic proportions," and reflects the influence of Mies van der Rohe on his protege, Enrique Gutierrez, the architect of this Bacardi Miami headquarters, and WHEREAS, the City of Miami Beach Historic Preservation Board met on Tuesday, April 12, 2009, and considered supporting the designation of the Bacardi USA building as an historic structure and site, and passed the following resolution: NOW, THERFORE, BE IT DULY RESOLVED THAT THE HISTORIC PRESERVATION BOARD OF THE CITY OF MIAMI BEACH, FLORIDA, urges the City of Miami to recognize and designate the Bacardi USA property, at 2100 Biscayne Boulevard, Miami, as an historic site and historic structure. PASSED and ADOPTED this 12th day of April, 2009. s7O 9'` Jeff Donnelly, Chair F:\PLAN\$HPB\09HPB\AprHPB09\Bacardi Building HPB Resolution.doc