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HomeMy WebLinkAboutCC Legislation (Version 3){ * IYCOIit al . * r. �; f f City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 09-01198ha Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), GRANTING THE APPEAL FILED BY BACARDI IMPORTS, INC. ("APPELLANTS"), AND REVERSING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH GRANTED WITH CONDITIONS THE HISTORIC DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2100 BISCAYNE BOULEVARD, AS A HISTORIC SITE. WHEREAS, the Historic and Environmental Preservation Board ("HEPB") is charged with the responsibility of preserving and conserving the properties of historic, architectural, environmental and archeological significance within the City of Miami ("City"); and WHEREAS, among the HEPB's duties are those to hear and consider designations of historic sites, historic districts, or archeological zones under the applicable criteria found under the provisions of Chapter 23 of the Code of the City of Miami, Florida, as amended ("City Code"), entitled Historic Preservation, the HEPB's Rules of Procedure, and other applicable laws; and WHEREAS, the designation of the property located at approximately 2100 Biscayne Boulevard, Miami, Florida ("Property"), was considered and the Designation Report, as amended, prepared by Consultant Janus Research and the Preservation Officer was accepted into the record, along with the testimony of the Preservation Officer, the fact sheet prepared by the Preservation Officer, and the evidence of Bacardi Imports Inc. ("Appellants"), appearing through their designated agent(s) were considered by the HEPB; and WHEREAS, the. Preservation Officer recommended that the HEPB adopt the designation report and approve the historic site designation and amendment to the Official Historic and Environmental Preservation Atlas of the City; and WHEREAS, the HEPB, at its meeting on October 6, 2009, following an advertised public hearing, adopted Resolution No. HEPB-2009-64 by a vote of 8 to 0, item no. 1,to designate the Property, as a historic resource, after finding that the site: a. Has significance in the historical and architectural heritage of the City; b. Possesses integrity of design, setting, materials, workmanship and association; c. Meets criteria no. 3 and no. 5 of Section 23-4(A) of the City Code for designation and further incorporated therein the designation report, as amended, for the historic resource; and further amended the applicable page of the Historic and Environmental Preservation Atlas to reflect the historic resource; 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 them west approximately 80 feet; City of Miami Page 1 of 3 File Id: 09-01198ha (Version: 3) Printed On: 10/25/2010 File Number: 09-01198ha 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; and d. Amended the applicable page of the Historic and Environmental Preservation Atlas to reflect the historic resource designation; WHEREAS, pursuant to Section 23-4(5)(e) of the City Code, an appeal to the City Commission has been taken by the Appellant on the grounds stated in the Appeal, filed October 20, 2009; and WHEREAS, in the appeal of this designation by the Appellant the point on appeal is the designation of additional properties owned by Bacardi Imports, Inc. to the north of the existing 8-story building; and WHEREAS, the City Commission after careful consideration of the matter finds that the stated grounds for the appeal and the facts presented in support thereof justify reversing the decision of the HEPB; NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 reverses the decision of the HEPB and grants the appeal giving rise to this hearing. The City Commission further finds that the foregoing historic resource, as to the additional properties owned by Appellant to the north of the existing 8-story building does not comply with the applicable criteria set forth in Chapter 23 of the City Code for historic resource designation. As to this point on appeal, the appeal is granted and the decision of the HEPB is reversed as to the additional properties to the north of the existing 8-story building, which are excluded from this designation. The City Commission, however, does affirm that the actual Bacardi Building, the Annex Buildings, and the plaza between and around them, do comply with the applicable criteria in Chapter 23 of the City Code for designation as a historic resource. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS:t' JULIE O. BRU CITY ATTORNEY City of Miami Page 2 of 3 File Id: 09-01198ha (Version: 3) Printed On: 10/25/2010 File Number: 09-01198ha Footnotes: {1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override or the veto by the City Commission. City of Miami Page 3 of 3 File Id: 09-01198ha (Version: 3) Printed On: 10/25/2010