HomeMy WebLinkAboutCC Legislation (Version 4)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00098
Final Action Date;
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY MDM DEVELOPMENT GROUP AND RETAIL, LTD. AND REVERSING
THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD, WHICH DENIED AN ACTION PLAN FOR PRESERVING AND
INTERPRETING ARCHAEOLOGICAL SITE ELEMENTS UNCOVERED WITHIN THE
DUPONT ARCHAEOLOGICAL CONSERVATION AREA AT THE MET SQUARE
DEVELOPMENT SITE LOCATED AT APPROXIMATELY 300 SOUTHEAST 3RD
STREET, MIAMI, FLORIDA, WITHIN AN ARCHAEOLOGICAL CONSERVATION
DISTRICT.
WHEREAS, the Historic and Environmental Preservation Board ("HEPB") is charged with the
responsibility of preserving, conserving, and protecting properties of historical, architectural and
archeological significance located within the City of Miami ("City"); and
WHEREAS, the property located at approximately 300 Southeast 3rd Street, Miami, Florida, is
located in an archaeological conservation area; and
WHEREAS, a Certificate of Appropriateness for Ground Disturbing Activity in conjunction with an
application for a substantial modification to a previously approved Major Use Special Permit was
approved by the HEPB on November 19, 2002, as HEPB 2002-68; and
WHEREAS, a condition of HEPB 2002-68 is that the HEPB is empowered by the developer to
review any significant discovery, specifically of any feature or site that potentially qualifies for listing in
the National Register of Historic Places, and to consider any action plan presented by the developer
that may include preservation or mitigation of the discovery site, and to act upon any notice of a
significant discovery within 60 days of written notification by the developer; and
WHEREAS, the developer notified the City of significant discoveries on October 4, 2013 and
October 29, 2013; and
WHEREAS, the developer submitted an Action Plan on February 7, 2013; and
WHEREAS, the HEPB, at its special meeting on February 14, 2014, following an advertised public
hearing, adopted Resolution No. HEPB-R-14-009 by a vote of 7 to 1, to deny the Action Plan for
preserving and interpreting archaeological site elements uncovered within the DuPont Archaeological
Conservation Area at the Met Square Development Site; and
WHEREAS, pursuant to Chapter 23, §23-6.2 of the Code of the City of Miami, Florida, as
amended, an appeal to the City Commission has been taken by MDM Development and Retail, Ltd.
("Appellants"), owners of the Property, on the grounds stated in their Notice of Appeal, filed February
21, 2014; and
City of Miami Page 1 of 2 File Id: 14-00098 (Version: 4) Printed On; 3/17/2014
File Number 14-00098
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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 justify reversing the decision of the
HEPB;
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 reverses the decision of the HEPB, which denied the Action Plan
for preserving and interpreting archaeological site elements uncovered within the DuPont
• Archaeological Conservation Area at the Met Square Development Site, and approves the appeal
giving rise to this hearing.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
f
VI ORIA M NDEZ
CITY ATTOR EY
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 2 of 2 File Id: 14-00098 (Version: 4) Printed On: 3/17/2014