HomeMy WebLinkAboutR-16-0082City of Miami
Legislation
Resolution: R-16-0082
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-01612ha Final Action Date: 2/25/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY MICHAEL FAAS, RAFFAOULAJAMI, WASIM SHOMAR AND SHADI
SHOMAR AND REVERSING A DECISION OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD, DENYING THE HISTORIC
DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1501
BRICKELL AVENUE, MIAMI, FLORIDA AS 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
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File Number: 15-01612ha Enactment Number: R-16-0082
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 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 primary 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 architectural significance outweighs the religious
significance, and the architectural significance is sufficient standing alone to designate the Property in
accordance with Section 23-4 of the City Code; and
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File Number: 15-01612ha Enactment Number: R-16-0082
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
considered and included in the record 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 site does 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 outweighs the religious significance of the
Property and further finds that this Property derives its primary significance from its architectural or
artistic distinction, or historical importance, and, therefore, designates this Property as a local historic
site.
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 (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.
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