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HomeMy WebLinkAboutR-11-0227City of Miami Legislation Resolution: R-11-0227 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 09-01198ha Final Action Date: 5/26/2011 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL FILED BY BACARDI IMPORTS, INC. ("APPELLANT"), AND AFFIRMING BUT MODIFYING 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, MIAMI, FLORIDA, AS A HISTORIC RESOURCE TO MODIFY THE CONDITIONS OF THIS DESIGNATIOIN IN THE MANNER PROVIDED HEREIN. WHEREAS, the Historic and Environmental Preservation Board ("HEPB") is charged with the responsibility of preserving and conserving 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 the 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; 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: 4) Printed On: 10/10/2017 File Number: 09-01198ha Enactment Number: R-11-0227 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; and 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 this matter finds that the stated grounds for the appeal and the facts presented in support thereof do not justify reversing the decision of the HEPB, however, as provided by the applicable provisions of the Historic Preservation Laws of the City the City Commission may affirm, reverse or modify the decisions of the HEPB relative to designations; and WHEREAS, the City Commission finds and determines that the paramount preservation measure in designation the additional properties referenced above was the safeguarding of a view corridor to appreciate the historic Bacardi buildings and the City Commission does exercised its power to affirm yet modify the designation decision of HEPB in this designation by providing that this designation is without the conditions imposed by HEPB but rather such designation will be with the conditions as modified by the Appellant and set forth in its DECLARATION OF RESTRICTIVE COVENANTS (" Declaration ") proffered to the City Commission by the Appellant at the 5/26/11 public hearing on this item, which Declaration is deemed as being incorporated by reference herein; 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 affirms the decision of the HEPB and denies the appeal giving rise to this hearing. The City Commission further finds that the foregoing historic resource, does comply with the applicable criteria set forth in Chapter 23 of the City Code for historic resource designation providing, however, that the designation is modified as to the additional portion of the property directly north of the east Property line and extending northward approximately 45 feet and then west approximately 80 feet to be without the conditions set forth by the HEPB Board but rather instead with the conditions presented to the City Commission as modified by the Appellant and contained in its Declaration of Restrictive Covenants proffered to and accepted by the City Commission at the 5/26/11 hearing. This Declaration was accepted by the City Commission and made part of the official record. City of Miami Page 2 of 3 File Id: 09-01198ha (Version: 4) Printed On: 10/10/2017 File Number: 09-01198ha Enactment Number: R-11-0227 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} 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 of the veto by the City Commission. City of Miami Page 3 of 3 File Id: 09-01198ha (Version: 4) Printed On: 10/10/2017