HomeMy WebLinkAboutR-14-0134City of Miami
Legislation
Resolution: R-14-0134
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00098 Final Action Date: 3/27/2014
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL FILED BY MDM DEVELOPMENT GROUP AND RETAIL,
LTD. AND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD, AND TO APPROVE THE MEDIATED 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.
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 3 File Id: 14-00098 (Version: 5) Printed On: 12/26/2017
File Number: 14-00098 Enactment Number: R-14-0134
WHEREAS, Appellant submitted a Mediated Action Plan to the City Commission on March 27,
2014; 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 support approval of the Mediated Action Plan; 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 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 as set forth in Resolution No.
HEPB-R-14-009 (Legistar file id 14-00098), 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. The City Commission approves the Mediated Action Plan, attached and
incorporated, for preserving and interpreting archaeological site elements uncovered as of this date
within the Dupont Archaeological Conservation Area at the Met Square Development Site located at
approximately 300 Southeast 3rd Street, Miami, Florida.
Section 4. The City Commission denies as moot the appeal of Historic and Environmental
Preservation Board Resolution HEPB-R-14-010 (Legistar file id 14-00098a), which requested that the
applicant present a revised action plan to the Historic and Environmental Preservation Board.
Section 5. The City Commission remands the appeal of Historic and Environmental Preservation
Board Resolution HEPB-R-14-011 (Legistar id 14-00098b), to the Historic and Environmental
Preservation Board, for the Board to consider the preliminary and final designation of the Met Square
Development Site located at approximately 300 Southeast 3rd Street, Miami, Florida, as an
archaeological site in accordance with the Mediated Action Plan approved by the Commission today.
Section 6. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
Footnotes:
City of Miami Page 2 of 3 File Id: 14-00098 (Version: 5) Printed On: 12/26/2017
File Number: 14-00098 Enactment Number: R-14-0134
{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: 14-00098 (Version: 5) Printed On: 12/26/2017