Loading...
HomeMy WebLinkAboutLegislation (v3)ity of is Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-01612ha Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY MICHAEL FAAS, RAFFAOUL AJAMI, WASIM SHOMAR AND SHADI SHOMAR AND AFFIRMING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, DENYING THE HISTORIC DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1501 BRICKELLAVENUE, MIAMI, FLORIDAAS A HISTORIC SITE DUE TO A FAILURE TO HAVE THE REQUIRED FIVE (5) CONCURRING VOTES FOR DESIGNATIONS PURSUANT TO SECTION 62-29(D) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. 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; 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, an application was filed by Michael Faas, Raffaoul Ajami, Wasim Shomar and Shadi Shomar ("Applicants") to designate the property located at 1501 Brickell Avenue, Miami, Florida ("Property") as historic pursuant to Section 23-4 of the City Code; and WHEREAS, the HEPB, at its meeting on April 8, 2013, considered the Designation Report, as amended; the testimony of the Preservation Office staff; the fact sheet prepared by the Preservation Officer; the evidence of the Applicants appearing through their designated agent(s); and the evidence of the Property owner through their designated agent(s); 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 of Miami ("City"); and WHEREAS, the HEPB, at its meeting on April 8, 2013, following an advertised public hearing, adopted Resolution No. HEPB-R-13-012 by a vote of four to two (4-2), item no. 1, failing to designate the Property as a historic site due to a lack of the required five (5) concurring affirmative votes required for a designation; and WHEREAS, pursuant to Section 23-4(c)(7) of the City Code, an appeal to the City Commission was taken by the Appellants on the grounds stated in the Appeal, filed April 22, 2013; and WHEREAS, the City Commission granted the Appeal, thereby designating the Property as historic in accordance with Section 23-4 of the City Code; and City of Miami Page 1 of 3 File Id: 15-01612ha (Version: 3) Printed On: 1/19/2016 File Number: 15-01612ha WHEREAS, the Diocese of Newton Melkite Church filed a petition for writ of certiorari challenging the City Commission's decision to the Appellate Division of the Eleventh Judicial Circuit ("Court"); and WHEREAS, the Court issued an opinion on September 16, 2014 quashing the decision of the City Commission and remanded the matter to the City Commission for proceedings consistent with the opinion; and WHEREAS, the City filed a second tier petition for writ of certiorari to the Third District Court of Appeal, which petition was denied; and WHEREAS, Section 23-4(b)(7) of the City Code provides that a religious property may be designated if it derives primary significance from architectural or artistic distinction or historical importance; and WHEREAS, the Court found that the "primary significance" language requires a comparative analysis between the property's religious significance and its architectural or artistic distinction or historical importance; and WHEREAS, the City Commission conducted a public hearing consistent with the Court's September 16, 2014 opinion; and WHEREAS, based upon the Designation Report as amended and supplemented, together with the testimony and evidence presented at the public hearing on January 28, 2016, and further considering the comparative analysis weighing whether the Property derives primary significance from architectural or artistic distinction or historical importance, which is the major distinction of the Property in considering its designation, the City Commission finds that the Property does not meet the criteria set forth in Section 23-4(a) of the City Code; and WHEREAS, the City Commission finds that the Property has historical importance based upon the site's role in Operation Pedro Pan and the work of the Sisters of Our Lady of the Assumption's Academy for Girls; and WHEREAS, the City Commission finds that the Property has religious and personal significance as the site of celebration of many religious traditions, baptisms and marriages; and WHEREAS, the City Commission finds that the Property has architectural significance because it is the only example of Romanesque architecture in the City, has features that embody the architectural styles of the period, and was designed by Henry D. Dagit, Jr., a renowned architect who designed several other buildings listed in the National Register; and WHEREAS, the church on the Property has been occupied by different religious traditions since it was constructed; and WHEREAS, the City Commission finds that the religious significance of Saint Jude Melkite Catholic Church as a church outweighs the architectural and historical significance of the Property; and WHEREAS, the City Commission, after careful consideration of the matter, finds that the stated grounds for the appeal and the facts, arguments, testimony and evidence presented in support thereof, including without limitation the January 16, 2016 Saint Jude Melkite Catholic Church Supplemental Report prepared by Megan C. Schmitt, the City's Preservation Officer, which was City of Miami Page 2 of 3 File Id: 15-01612ha (Version: 3) Printed On: 1/19/2016 File Number: 15-01612ha considered and included in the record justify affirming 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 affirms the decision of the HEPB and denies the appeal giving rise to this hearing. The City Commission further finds that the foregoing historic site does not comply with the applicable criteria set forth in Chapter 23 of the City Code for historic site designation. The City Commission finds that the architectural significance does not outweigh the religious significance of the Property and further finds that this Property does not derive its primary significance from its architectural or artistic distinction, or historical importance, and, therefore, does not designate this Property as a local historic site. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA McNDEZ CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 15-01612ha (Version: 3) Printed On: 1/19/2016