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Home My WebLink AboutSubmittal-Jeff Bercow-Babylon International Inc.-Appeal of Historic DesignationL SuOmitted into the public{� feCOrd t r ite/ (s) PLO) Oft kit sI I �i . City Clerk BABYLON APARTMENTS HERITAGE ARCHITECTURAL ASSOCIATES Lic.r AA0002447 Architects Interi Planner BERCOW RADELL FERNANDEZ LARKIN ZONING, L_ANUSE AND EN V I C. NJM ENTAL LAW 54mAa\-�JeC-cou0-93.by1uA'n+anq}\o‘nq\\n(..-�`RPea\of \\\Sionc%t)cg‘eiio,n Submitted into the public recordr it�s (s) \ 17.,L / ', . City Clerk BABYLON INTERNATIONAL, INC. Appeal of Historic Designation Item PZ-13, January 25, 2018 CONTENTS Item Description 1. PowerPoint Presentation 2. Staff Report and Recommendation to Historic and Environmental Preservation Board April, 5, 2016 3. Chronology of the Babylon Apartments 4. Expert Steven Avdakov - Biography and Resume 5. Expert Rick Gonzalez - Biography and Resume 6. Report Opposing Designation Prepared by Heritage Architectural Associates and REG Architects 7. Memorandum regarding City of Miami Code Section 23-4(a) Criteria 8. Memorandum regarding Metro. Dade County v. P.J. Birds, Inc., 654 So. 2d 170-(Fla. 3d DCA 1995) 9. Memorandum regarding National Register Bulletin No. 22 10. Memorandum regarding Unsafe Structure Order 11. Memorandum regarding Demolition by Neglect 12. Memorandum regarding Transitional Zoning History of the Point View area 13. Letter to Victoria Mendez requesting relief related to Declaration of Restrictions 14. Structural Condition Report on the Babylon Apartments Prepared by John Pepper, PE Group Consulting Engineers, Inc. 15. Arquitectonica Website - Portfolio Submitted into the publ'c record for itc (s) ____ on \ I L�___ City Clerk BABYLON APARTMENTS HERITAGE ARCHITECTURAL ASSOCIATES tk.**A 2447 REG Archttects Interiors Plangsrs` 66I M9Islt BERCOW RADELL FERNANDEZ 6 LARKIN 2 Property Location 1/25/2018 1 Submitted into the publk '1 record or itf m(s) , J on \its / I City Clerk 3 City of Miami Code of Ordinances Section 23-4(a) Properties may be designated as historic resources... only if • they have significance in the historical, cultural, archaeological, paleontological, aesthetic, or architectural heritage of the city, state, or nation; • possess integrity of design, setting, materials, workmanship, feeling, and association; • EA meet one or more of the following criteria: 1) Are associated in a significant way with the life of a person Important in the past; 2) Are the site of a historic event with significant effect upon the community, city, state, or nation; 3) Exemplify the historical, cultural, political, economical, or social trends of the community; 4) Portray the environment in an era of history characterized by one or more distinctive architectural styles; 5) Embody those distinguishing characteristics of an architectural style, or period, or method of construction; 6) Are an outstanding work of a prominent designer or builder; 7) Contain elements of design, detail, materials, or craftsmanship of outstanding quality or which represent a significant innovation or adaptation to the South Florida environment; or 8) Have yielded, or may be likely to yield, information important in prehistory or history. 4 City of Miami Code of Ordinances Section 23-4(b) Criteria exceptions. Ordinarily... properties that have achieved significance within the past 50 years shall not be considered eligible for listing in the Miami register of historic places. However, such properties will qualify for designation if they are integral parts of districts that do meet the criteria, or if they fall within the following categories: 1) A building or structure that has been removed from its original location but is significant primarily for architectural value, or is the surviving structure most importantly associated with a historic person or event; 2) A birthplace or grave of a local historical figure of outstanding kportance if no appropriate site or building exists directly associated with his or her productive life; 3) A cemetery that derives its primary significance from graves of persons of outstanding importance, from age, from distinctive design features, or from association with historic events; 4) A reconstructed building when accurately executed in a suitable environment and presented appropriately as part of a restoration master plan and no other building or structure with the same association has survived; 5) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; 6) A property achieving significance within the past 50 years if it is exceptionally important; or 7) A religious property deriving primary significance from architectural or artistic distinction or historical importance. 1/25/2018 2 Submitted into the publi 1/25/2018 record r it m(s) vt41 on Z , City Clerk DESIGNATION CRITERIA Staff Report — property eligible for designation under following criteria, Ch. 23, Sec. 23-4(a), Miami City Code: (3) exemplify the historical, cultural, political, economical, or social trends of the community; (5) embody those distinguishing characteristics of an architectural style, or period, or method of construction; (6) are an outstanding work of a prominent designer or builder Because of its age, the building must also meet Criteria Exception (6) -- "exceptional importance" MIAMI HISTORIC PRESERVATION ORDINANCE • The Miami Historic Preservation Ordinance is based on the Federal laws regarding the National Register of Historic Places. • Therefore, guidelines issued for the National Register are also applicable to the Miami Register of Historic Places. 1 into the public1� r !fefn (s) r on \1 t,5 / % . City Clerk THE 50 YEAR PRINCIPLE • The 50 year principal "safeguards against listing properties which are of only contemporary, faddish value and ensures that the National Register is a register of historic places." • A property achieving significance within the past fifty years is eligible if it is of exceptional importance. From National Register Bulletin #15 — How to Apply the National Register Criteria for Evaluation 8 National Register Bulletin #22: Guidelines for Evaluating and Nominating Properties that Have Achieved Significance Within the Past Fifty Years pacts on local communities and geo- graphic areas. A thorough under standing of historic contexts for re- sources that have signifi- cance In the past 50 Airs is essential for their evaluation. In evaluating and justifying rccrptional Importance, It is especially critical to identify the prop- erties in a geographical area that por- tray the same values or associations and determine those that best illus- trate or represent the architectural, cultural. or historical values being considered. Thus the first step in evaluating properties of recent signifi- cance is to establish and describe the historic context applicable to the re- source. 1/25/2018 4 Submitted into the public record r itrm(s) vZ„ I' on ! City Clerk COMPARISON OF ARQUITECTONICA BUILDINGS OF THE SAME ERA The Babylon The Palace ThR Imperial The Atlantis 1984 Aerial Photo of Miami Brickell Area COMPARISON OF ARQUITECTONICA BUILDINGS OF THE SAME ERA t «� I ; • 1 i i p RI III IN /S 1R d ."®IRE 320 320 MOO Photo Croat: o Timothy wtr.y, Amin weh.it. The Palace Completed 1981 Photo Cr.tllt: CY. F tagrasN.bd.o Clrrlr McGrath Arcit.dord a wobeit., The Imperial Completed 1983 1/25/2018 5 ,d into the public IL .;,rr> tiff itc (s) VZ. on \ 11,5 /R . City Clerk COMPARISON OF ARQUITECTONICA BUILDINGS OF THE SAME ERA The Atlantis Completed 1982 AWARDS: AIA Miami & Florida Test of Time Award (25 Years), 2009 AIA Florida Award of Honor in Architecture, 1983 Progressive Architecture Award, Citation, 1980 Featured in opening credits of Miami Vice Emblematic of Miami in 1980s COMPARISON OF ARQUITECTONICA BUILDINGS OF THE SAME ERA From the Staff Report and Recommendation: "...when it is compared to otherArquitectonica buildings that were built around the same time, staff finds that it is challenging to distinguish it as exceptional." Rnlo c,s& HQIWa Ardal plural Modals. The Babylon Completed 1982 1/25/2018 6 Submitted into the pub record f r ite on City Clerk DESIGN VERSUS BUILT Prot• G.en 6,ncr.m....w,ndva J.L.•r 1076.. Plato Credo: Piopeedv. An hNsctun, August 1900. Pleb Gdt 06SM View. 0 Maio. haw capers: Mar 2016. Pleb Credit Heritage Anall.arnl Anode`., 2016. NATIONAL REGISTER OF HISTORIC PLACES • Established by the Historic Preservation Act of 1966 • Buildings individually listed: 72,860 • Buildings that achieved significance less than 50 years prior to listing (must be of "exceptional importance:): 1,754 • Percent of total that achieved significance less than 50 years prior to listing: 2.4% (Statistics courtesy National Park Service) 1/25/2018 7 1/25/2018 S t: i into the publ' rec'u; JI:,r ite/n(s) V7,413 on City Clerk NATIONAL REGISTER OF HISTORIC PLACES Buildings of "Exceptional Importance" Pt-olo Greif r Eby.' b. 3''92911. (:c by &I. (1: Biltmore, Coral Gables Schultze and Weaver Cnnstructed1925_ listed 1972. 47 vears NATIONAL REGISTER OF HISTORIC PLACES Buildings of "Exceptional Importance" Fallingwater, Mill Run, PA Frank Lloyd Wright Constructed 1936 Listed 1974 36 years Photo Credit: Daderot, 10 24'2013, Public Doma n 8 Submitted into the publ;' record or itepn(s) on NATIONAL REGISTER OF HISTORIC PLACES Buildings of "Exceptional Importance" Photo Credit: Roland Maker, 2010, ae by -SA 4.0) TWA Flight Center, JFK Airport Eero Saarinen Constructed1962, listed 1976, 48 years NATIONAL REGISTER OF HISTORIC PLACES Buildings of "Exceptional Importance" Chrysler Building, NYC William Van Alen Constructed1928 Listed 1976 48 years Photo Credit: Leona Meilanen, 3/2005, (cc by -SA 4.0) 1/25/2018 9 1/25/2018 Submitted into the pub 'c record f r ite s) YL. on %, City Clerk NATIONAL REGISTER OF HISTORIC PLACES Buildings of "Exceptional Importance" Dulles Airport , Washington D.C. Eero Saarinen Constructed 1963, determined eligible 1978, 15 years NATIONAL REGISTER OF HISTORIC PLACES Buildings of "Exceptional Importance" • Architect: E. Fay Jones, Interned with Frank Lloyd Wright • AIA National HonorAward, 1981 • AIA Gold Medal, 1990 • AIA Twenty -Five Year Award, 2006 • #4 on AIA Top Ten Buildings of the 20°' Century • Named 'Best American Building since 1980' in AIA survey of members, 1991 Thorncrown Chapel, Eureka Springs, AR Constructed 1980, listed 2000, 20 years 10 1/25/2018 Submitted into the pu i record or itgm(s) Y 6, 13 on City Clerk NATIONAL REGISTER OF HISTORIC PLACES Buildings of "Exceptional Importance" • Architect: Michael Graves • Ushered in a new architectural style • 10 major Post - modem work to be completed • AIA Honor Award, 1983 Pear Credit: Cmnkrn•a, 11/214003, (cc by-rotl 2.0) Portland Building, Portland, OR Constructed1982, listed 2011, 19 years CITY OF MIAMI Buildings of "Exceptional Importance" Photo Credit: Marc Armies 6N0I2210a ({INfloo-bya•0)) Bacardi Buildings, 1963 and 1973 Designated 2009, 46 and 36 years 11 Sub lifted into the pubic record or iteirn (s) yt V!) on 1 / 1„ -1 / t City Clerk CITY OF MIAMI Buildings of "Exceptional Importance" r,wn u.an. ri—m inac is, claws rromvrtemn. Miami Marine Stadium, 1963 Designated 2008, 45 years STATE OF FLORIDA Buildings of "Exceptional Importance" Kennedy Space Center Headquarters, 1965 Designated 2000. 35 years 1/25/2018 12 Submitted into the public record p'.:,r i i s) YL, VI) °n \ 1/5 11 City Clerk STATE OF FLORIDA Buildings of "Exceptional Importance" 11111,11 I 11111 7Z— Photo Credit Library of Congress: Kennedy Space Center Launch Control, 1965 Designated 2000, 35 years THE BABYLON Photo Chodil Hontoo• Mhi1odwW'- 1/25/2018 13 Subm" 1 into the pub record ::r ;t•irn(s) on l/z5/• City Clerk CONCLUSION • The Babylon is not exceptionally important, especially when compared with other buildings in Miami, the state of Florida, and nationally. • It does not merit designation under Criteria Exception (6) of the Miami City Code, Chapter 23, Section 23-4(b). • Because it does not meet the criteria of "exceptional importance", the designation of the Babylon as a historic site should be overturned. 28 Metro Dade County V. PJ Birds, Inc. amomow WV. wwsom.mmrnc..r_ w r...ry . rn..rrr+.+ ..,ter s. . ..ate.... ... . 4+..u. Nur__. d. �.....r....Minn . on - ma mama am.. Mmar ..rr.r.r�....rr ..w..�.Ml•1•� mar _.._ -. - .,....... _.... �.. ..... _........ v.,.`.r• ti.r wma. ._ ...r .+r_. M... or.. _,_.....r- IN • .�. .�..r,�._...__..- ..y.._.rr...r••w Designation Criteria for Sites Tess than 50 years old: • One of a kind or unique • Directly related or significant to a major theme in the region's development or cultural history, and • Significant in multiple areas which can include history, architecture, landscape design, and archeology 1/25/2018 14 1/25/2018 Submitted into the public record cur itep(s) Y L. V on j l City Clerk Judicial criteria for "exceptionally important' 30 Arquitectonica: The Pink House Photo Cruet: AnpdYdmdra MMrnWnnN Capon ion 15 1/25/2018 Subs ;ff 6 =,to the public record ::.. n(s) — f �. I — on re City Cleric Metro Dade County v. PJ Birds, Inc. Judicial criteria for exceptionally important" "Directly related or significant to a major theme in the region's development or cultural history" 32 Metro Dade County v PJ Birds, Inc. Judicial criteria for exceptionally important" "Significant in multiple areas which can include history, architecture, landscape design, and archeology" 16 Submitted into the pu record ,oi on �l \h City Clerk BABYLON APARTMENTS H E FBI TAG E ARCHITECTURAL ASSOCIATES REG. Architects Interiors Planners %t sseiva ' BERCOW RADELL FERNANDEZ & LARKIN 1/25/2018 17 CITY OF MIAMI PLANNING DEPARTMENT Staff Report & Recommendation To: Chairperson and Members Historic & Environmental Preservation Board From: Megan Cross Schmitt Preservation Officer Staff: MCS Application received: 4/5/2016 Submitted into the pub is record ff r ite () on ��j / I City Clerk Applicant: Lynn Lewis, Vice -Chair, City of Miami Historic and Environmental Preservation Board Subject: Item No. 4 — The Babylon, 240 SE 14th Street BACKGROUND: THE PROPERTY: On April 5, 2016, Historic and Environmental Preservation Board (HEPB) Vice -Chair Lynn Lewis directed Preservation Office staff to prepare a Preliminary Designation Report for the Babylon Apartments, located at 240 SE 14th Street. On May 3, 2016 the HEPB approved the Preliminary Designation Report under HEPB-R-2016-022, and directed staff to present a Final Designation Report at the July 5, 2016 meeting. The Babylon is located within the lower section of Brickell in an area named Point View. Point View is located between SE 14th Street and SE 15th Road and is comprised of two semi -circular roads that form an inner and outer ring that each start at Brickell Avenue, then swing out towards the bay and return back to Brickell Avenue. Around the outer ring at the circular edge, the lots are all irregularly shaped. The lot on which the Babylon sits is approximately 15,000 square feet with the footprint of the structure conforming to the constraints of the shape of the irregular lot. Rising six stories, this residential structure is dwarfed among the taller high rises that surround and contains thirteen residential units, with a mixture of one, two, and three -bedroom apartments. Structurally, the Babylon is framed with reinforced concrete footings, columns, and beams that supported each floor's pre -fabricated concrete slab and stucco wall skin. HEPB- JULY 5, 2016 Acting as a primary focal point of the structure is the front facade, a stair -stepped two-dimensional wall plane constructed of concrete block that is coated in stucco, and painted a vivid red color. This facade is referred to as a "ziggurat" and it is stated that it is "reminiscent of many Dutch 17th century facades" in the text description within the catalogue Page 1 of 9 HEPB- JULY 5, 2016 Staff: MCS Application received: 4/5/2016 produced for an exhibition of Arquitectonica's work between 1977 and 1984. A reason given for the stepped design is so that the architecture could conform to the constraints of the lot as well as those of the setbacks required under the then zoning code. Page 2 of 9 Submitted into the public f p record r ite (;) _ f ice, 03, on V�t)5 1 City Clerk Submitted into the public record on fr it qm(s) YY on City Clerk CURRENT PHQTO: Figure 1. Babylon Aparturaertft. east Vie. Staff: MCS Application received: 4/5/2016 HEPB-JULY5, 2016 Page 3 of 3 Submitted into the public record fpr ite , (s) YL, AJ on U L5 / ICity Clerk Staff: MCS Application received: 4/5/2016 ANALYSIS: Sec. 23-4. - Designation of historic resources, historic districts, and archaeological sites and zones. (a) Criteria for designation. Properties may be designated as historic resources, historic districts, or archaeological sites and zones only if they have significance in the historical, cultural, archaeological, paleontological, aesthetic, or architectural heritage of the city, state, or nation; possess integrity of design, setting, materials, workmanship, feeling, and association; and meet one or more of the following criteria: (1) Are associated in a significant way with the life of a person important in the past; (2) Are the site of a historic event with significant effect upon the community, city, state, or nation; (3) Exemplify the historical, cultural, political, economical, or social trends of the community; (4) Portray the environment in an era of history characterized by one or more distinctive architectural styles; (5) Embody those distinguishing characteristics of an architectural style, or period, or method of construction; (6) Are an outstanding work of a prominent designer or builder; (7) Contain elements of design, detail, materials, or craftsmanship of outstanding quality or which represent a significant innovation or adaptation to the South Florida environment; or (8) Have yielded, or may be likely to yield, information important in prehistory or history. (b) Criteria exceptions. Ordinarily cemeteries, birth places, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature and properties that have achieved significance within the past 50 years shall not be considered eligible for listing in the Miami register of historic places. However, such properties will qualify for designation if they are integral parts of districts that do meet the criteria, or if they fall within the following categories: (1) A building or structure that has been removed from its original location but is significant primarily for architectural value, or is the surviving structure most importantly associated with a historic person or event; (2) A birthplace or grave of a local historical figure of outstanding importance if no appropriate site or building exists directly associated with his or her productive life; HEPB- JULY 5, 2016 Page 4 of 9 Submitted into the public record f+?rZi� rp�� 7i� 1,b l on JJ / City Clerk Staff: MCS Application received: 4/5/2016 (3) A cemetery that derives its primary significance from graves of persons of outstanding importance, from age, from distinctive design features, or from association with historic events; (4) A reconstructed building when accurately executed in a suitable environment and presented appropriately as part of a restoration master plan and no other building or structure with the same association has survived; (5) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; (6) A property achieving significance within the past 50 years if it is exceptionally important; or (7) A religious property deriving primary significance from architectural or artistic distinction or historical importance. Because the building is not yet fifty years old (completed in 1982, it is currently 34), Chapter 23 of the City Code says that it must be found to be "exceptionally important" in order to be designated. Staffs analysis as documented in the Final Designation Report found the building to meet the following criteria: (3) Exemplify the historical, cultural, political, economical, or social trends of the community; The Babylon is located within the lower section of Brickell in an area called Point View. Originally, this neighborhood served as one of Miami's first subdivisions, providing ample sized lots to accommodate grand homes for many significant residents of the City's early history. This semi -circular layout of the neighborhood created pie -shaped as well as irregularly shaped lots that can still be seen in the plan of the subdivision today. By the time the Babylon was constructed in 1982, virtually all of the mansions had been demolished to make way for high-rise condominiums. When condo sales failed and the owners of the Babylon tried to rezone the property to allow for partial office use, the building found itself at the heart of the battle between the "new" Brickell, that of density and high rise office buildings, and the "old" Point View, a more quaint and residential neighborhood. It was the Babylon's design and height that lead to the suggestion that it remain in perpetuity to serve as the protective barrier, the transition between these two worlds. (5) Embody those distinguishing characteristics of an architectural style, or period, or method of construction; The Babylon tells a story of development within the City of Miami, particularly in Brickell and Point View. Its bold facade creates a lasting impact signifying good design dictated by the constraints of the first Comprehensive Zoning Ordinance. This also points to its artistic and aesthetic merit and overall integrity that the structure has retained during its lifetime. Due to these restrictions, primarily with the required setbacks for the side yards that increased with each escalation in height, the structure takes on its iconic ziggurat form. HEPB- JULY 5, 2016 Page 5 of 9 Submitted into the public record ite} s) L, 1,1) / 1 City Clerk Staff: MCS Application received: 4/5/2016 Within the description in the 1978 P/A Awards issue, it states, "the city building code stipulates a certain number of parking spaces and describes a set -back formula interpreted as a ziggurat envelope." The firm was inventive with the regulations that were set forth at the time, a creativity that was not always evident in construction of the period. As stated in a 1986 article in the Pennsylvania Gazette, "Arquitectonica International's exuberant accomplishments may be all the more remarkable because many of them work within such restraints of urban surroundings as density, parking space, and city codes." Arquitectonica was generating new design that was visually interesting and architecturally innovative, providing designs that were dream-like yet buildable. (6) Are an outstanding work of a prominent designer or builder; Early on, the firm gained widespread praise. Almost immediately following the formation of Arquitectonica, the original founders won their first award, the P/A (Progressive Architecture) Citation Award for the Babylon apartments in 1978. Departing from what many of their peers were doing during this time period, Arquitectonica did not create designs in the newly coined style, Postmodernism. Instead they used the Modern style as a basis with an added twist to create a fresh and innovative take. Arquitectonica was a firm that marched to the beat of their own drum and made designs unique to their time. The "Fifty -Year Rule" At this point, the analysis must clearly turn towards exceptional importance and the so-called "fifty-year rule." In evaluating a property for exceptional importance, the first thing to understand is the history of why the minimum age "rule" is in place and how a piece of architecture would qualify under this exception. John H. Sprinkle, Jr., Historian for the National Park Service, wrote an article about the origins of the "fifty-year rule" which he describes as "probably the best-known, yet also the most misunderstood preservation principle in America."' Sprinkle begins by explaining that the 1935 Historic Sites Act spearheaded a survey to identify potential sites that could become part of the National Park System. Part of refining eligibility for consideration involved the removal of "all sites of contemporary or near contemporary nature which might lead to controversial questions."2 This created the first minimum age requirement which the National Park Service set at the year 1870. Over the next thirty years, various recommendations were made on the amount of lapsed time necessary to determine significance, including the separation between properties that qualified "for their association with nationally significant events or persons and properties that were significant in the history of architecture."3 It was not until 1961, after the establishment of a National Registry of Historic Landmarks, that the "fifty-year rule" was Sprinkle, Jr., John H., ""Of Exceptional Importance": The Origins of the "Fifty -Year Rule" in Historic Preservation." The Public Historian, Volume 29, No. 2 (Spring 2007), pp. 81-103. University of California Press on behalf of the National Council on Public History. Page 82. 'Ibid. Page 83. 3 Ibid. Page 86-87. HEPB- JULY 5, 2016 Page 6 of 9 lerk Submitted into the pub 'c record f r it m(s) ZI 1,)2 on J°��1% City C Staff: MCS Application received: 4/5/2016 first codified and then it was further ratified with the adoption of criteria set forth for the National Register of Historic Places in 1966. The concept was not without its critics. Sprinkle writes: In 1941, after a briefing on National Park Service programs, the arbitrary cut-off date of 1870 was widely criticized by members of the newly formed American Society of Architectural Historians. Henry -Russell Hitchcock's observation that 'often primary monuments of modern architectural history are wantonly destroyed' was reinforced with an anecdotal list of demolished or threatened important buildings."4 And Sprinkle includes this quote from Robert Utley, who served as the Chief Historian for the National Park Service: Unfortunately, what was considered as kind of a general guideline has been translated by ignorant and well-meaning people, or by evil people with bad designs in mind, into a criterion. It's become almost a cliche. The thinking was that in general you need a 50 year perspective to have a good professional judgement of whether a property qualifies or not. But it was never intended to be rigidly applied...5 And according to the Advisory Council on Historic Preservation: Before 1966, historic preservation was mainly understood in one- dimensional terms: the proverbial historic shrine or Indian burial mound secured by lock and key —usually in a national park —set aside from modern life as an icon for study and appreciation. NHPA largely changed that approach, signaling a much broader sweep that has led to the breadth and scope of the vastly more complex historic preservation mosaic we know today. Like the American culture it mirrors, historic preservation today is perhaps best defined in terms of its diversity. Even since the passage of the National Historic Preservation Act in 1966, historic preservation has often been criticized for its lack of diversity. Years of narrowly defined approaches to "significance" left many voices, histories, cultures, architectural styles, etc., out of the dialogue. And as the field matures, so should our understanding of how to implement preservation theory into policy. It is time to look carefully at something like the "fifty-year rule," especially when the intent of the language can be just as easily achieved by phrases such as, "sufficient time must have passed to obtain a scholarly perspective," as is used by the State of California. It is perhaps worth noting that not all local ordinances use the fifty-year rule in their designation criteria. In his article, Sprinkle points out that the New York City Landmarks Preservation Commission requires buildings to be at least thirty years old in order to be considered for evaluation. Closer to home, Miami Beach's historic preservation ordinance does not specify a minimum age for historic designation. ° Ibid. Page 87. 'Ibid. . Page 101. HEPB- JULY 5, 2016 Page 7 of 9 Suh.,,ifiott into the public recut. or ti9 n(s) VI, 0 on 1IZ / 1 City Clerk Staff: MCS Application received: 4/5/2016 Exception Importance As stated in the Final Designation Report, staff found competent and substantial evidence that the Babylon meets Criteria (3), (5) and (6), making it eligible for designation prior to applying the criteria exception for properties that have achieved significance within the last fifty years. Despite the building's age, staff believes that enough time has lapsed to allow for a scholarly perspective to be established. However when it is compared to other Arquitectonica buildings that were built around the same time, staff finds that it is challenging to distinguish it as exceptional. According to National Register Bulletin #22 — Guidelines for Evaluating and Nominating Properties that Have Achieved Significance Within the Past Fifty Years, "In evaluating and justifying exceptional importance, it is critical to identify the properties in a geographical context that portray the same values or associations and determine those that best illustrate or represent the historical, architectural, cultural, engineering, or archeological values in question."6 This is where staff has reservations about characterizing the Babylon as "of exceptional importance." The other Arquitectonica buildings that were constructed in the early 1980s such as the Palace, the Atlantis Condominium and the Imperial were perhaps even more celebrated than the Babylon in the national and international press. Furthermore, just as the Babylon found itself at the center of a battle that pitted neighbors against development, so, too, did the Atlantis. In 2001, the proposed 28-story Brickell Bay Village apartment project threatened to obstruct the "famous" view of the Atlantis from I-95 — not to mention the light and air of the 96 apartments in the Atlantis itself. In an Op -Ed published in the Herald on March 29, 2001, Hervin Romney, one of the founders of Arquitectonica and identified in the article as the architect of the Atlantis, makes a compelling argument as to why the building is so iconic. The list of popular culture references he cites may be more than can be done for the Babylon. Letters asking the City Commission to "save" the Atlantis poured in from local home owner associations, local advocacy organizations and internationally acclaimed architects. There is even a letter from the Florida Department of State Division of Historical Resources stating that despite being "conspicuously less than fifty years old," a review of preliminary documentation provided to their office found that the Atlantis "should be considered for listing on the National Register of Historic Places." The building was just 19 years old at the time. To be fair, an early and important profile of Arquitectonica that appeared in Progressive Architecture wrote about both the Atlantis and the Babylon, saying, "Two apartment buildings by Arquitectonica — one large, one small — capture the aura of their time and place."7 The piece closes with the following remarks: Ironically enough, the Babylon, still unoccupied after a change in ownership, stands within sight of the 41-story Palace, and opposite the site e National Register Bulletin: How to Complete the National Register Form (Washington, DC: National Park Service, 1991). Page 3. Viladas, Pilar."Rich and Famous." Progressive Architecture. February, 1983. Page 99. HEPB- JULY 5, 2016 Page 8 of 9 Submit+ into the public recor i jor it m(s) on 1/Z�3/j`�City Clerk Staff: MCS Application received: 4/5/2016 of the 1.9 million -square -foot Helmsley Center, a mixed -use project scheduled for completion in 1984. Under different circumstances, the sight of the Babylon, dwarfed by the gargantuan Helmsley project (which will have a real keystone base), might bring a smile to those observers of the firm who knew them when. For Arquitectonica, however, there never really was a when, it was a very short trip to the major leagues. So the Babylon serves instead as a rather winsome reminder of lean and hungry years the firm never had.8 The Preservation Office believes that this is a very unusual scenario, where a local firm catapulted into international fame right from their very first designs. Additionally, the fact that Brickell is home to so many early and contemporaneous Arquitectonica buildings makes it all the more challenging to call one out as exceptional over the others. This is especially true when so much attention was being paid to the projects as a set. STAFF RECOMMENDATION: The Preservation Office believes that the Babylon is eligible for designation by meeting Criteria (3), (5) and (6), however the building cannot be found to be more exceptionally significant within its context than the other contemporaneous work of Arquitectonica in Brickell. If the Board finds that the Babylon located at 240 SE 14 Street possesses quality and character through it architectural design, historical and political trends within the city of Miami, and represents the work of master architects as stated in the criteria below and that the Babylon contains characteristics of exceptional importance and meets the requirements of the criteria consideration for a building under 50 years old you must find that such criteria exists, and is present and include such findings if the structure is to be designated and must be approved by five or more affirmative votes; Conversely, if the Board finds that the Babylon located at 240 SE 14 Street possesses quality and character through it architectural design, historical and political trends within the city of Miami, and represents the work of master architects as stated in the criteria below but does not possess exceptional importance and does meet the requirements of the criteria consideration, then the building cannot be designated as one which is under 50 years old because it is not exceptionally important. 8 [bid. Page 106. HEPB- JULY 5, 2016 Page 9 of 9 BABYLON CHRONOLOGY Submitted into the public record or it m(s) Q L. \'b 1/ / on \,1 City Clerk • January 1978 - Babylon plans awarded a citation from Progressive Architecture Magazine • April 26,1978 - Building Permit No. 79-4108 issued • July 15,1982 - Building final inspection sign off • September 2,1982 - Certificate of Occupancy issued • July 11,1983 - Miami Zoning Board recommends denial of 1983 Rezoning • October 27,1983 - City Commission passed 1983 Rezoning on First Reading • November 18, 1983 - City Commission referred change of zoning to PZAB • December 7,1983 - PZAB recommended approval of 1983 Rezoning • December 13,1983 - City Commission referred 1983 Rezoning back to Zoning Board • January 16,1984 - City Commission heard additional testimony but took no formal action • January 26,1984 - City Commission passed 1983 Rezoning at Second Reading • December 1989- Babylon International Inc. ("Owner") purchased the Property • May 31, 2013- Owner applied for building permit for new fire alarm system • July 1, 2014- Owner submitted application to City to rezone the Property ("2014 Rezoning") from T6-8-R to T648a-O • October 28, 2015 - City of Miami Unsafe Structures Board ordered the building to be demolished • December 18, 2015- Owner submits revisions to 2014 Rezoning application to allow the City to join the 2014 Rezoning application on the basis that the Property was zoned T6-8-R based on a scrivener's error • January 6, 2016- PZAB recommends denial of 2014 Rezoning application 1 BABYLON CHRONOLOGY Submitted into the public record for it'm(.$) on V1 City Clerk • February 25, 2016- City Commission continued 2014 Rezoning Application at First Reading • March 9, 2016 Owner submits application for Demolition permit to City • March 20, 2016- The building was vacated in preparation for demolition • March 24, 2016 City Commission indefinitely deferred 2014 Rezoning Application at First Reading • April 5, 2016 - HEPB Vice -Chair Lynn Lewis requested Preliminary Designation Report • April 6 2016 - Demolition permit was ready to issue and preservation officer stopped the process • April 27, 2016- John Pepper, from PE Group Consulting Engineers, Inc., conducted and prepared a Structural Condition Survey of the Babylon • May 3, 2016 - HEPB approved Preliminary Designation Report • July 5, 2016 - Final Designation Report considered and approved by the HEPB • July 20, 2016 Owner filed a timely appeal of the HEPB's decision • September 22, 2016- City Commission indefinitely deferred 2014 Rezoning Application at First Reading • January 26, 2017- City Commission indefinitely deferred HEPB historic designation appeal due to pending Unsafe Structures litigation • June 17, 2017, Owner requested deferral of HEPB historic designation appeal due to pending Unsafe Structures litigation • February 17, 2017- Owner withdraws 2014 Rezoning application 2 Submitted into the public record fp r itejn s) Yid,13 on �! / �`. City Clerk Steven Avdakov, R.A., NCARB Principal, Heritage Architectural Associates Steven Avdakov, a registered architect in Florida and four other states, is founder and principal of Heritage Architectural Associates, an award -winning full -service architectural firm founded in 1998 that specializes in historic preservation. He holds a Master of Science Degree in Historic Preservation from Columbia University, and a Bachelor of Architecture Degree from the University of Miami. His experience meets the U.S. Department of the Interior's Professional Qualifications Standards (36 CFR 61) for Architecture and Historic Architecture. Heritage has been involved in several significant historic preservation projects in Florida and has developed a specialty in the documentation and restoration of Mid-century Modern historic architectural resources. Recent work includes the local historic designation of Harbour Bay Condominium in Bay Harbor Islands, the National Register nominations of the Mai -Kai Restaurant in Oakland Park and Parrot Jungle Historic District in Pinecrest, and the preparation of an historic preservation assessment of Greynolds Park in North Miami Beach. The firm was the Historic Preservation Consultant for the restoration of the Hampton House, a Civil Rights -era landmark in Miami. The Hampton House restoration has been the recipient of numerous awards, including a 2017 award for Outstanding Achievement in Adaptive Use from the Florida Trust for Historic Preservation, a 2016 Preservation Award from Dade Heritage Trust, a 2016 Merit Award for Renovation/Restoration from the American Institute of Architects (AIA) Miami Chapter, and a 2016 AIA Florida Merit Award of Excellence for Historic Preservation/Restoration. The firm served as the architect for the restoration of the Villa Providence in Hallandale Beach, which was honored for Outstanding Achievement in Adaptive Use by the Florida Trust for Historic Preservation in 2011. Heritage successfully incorporated One Bistro, a contemporary community -based restaurant that operates on a 'pay what you can afford' model, into the ground floor of an historic building in Xenia, Ohio. In 2016, the Submitted into the public record f r ite n(s) 97,, A1:5 on 1 / LS . City Clerk project was awarded the President's Award for Innovative Practices by the Ohio Conference of Community Development. Nationally, the firm was part of a team that completed the Ohio Modern: Preserving Our Recent Past — Dayton Area Survey, which is utilized by the Ohio Historic Preservation Office as a prototype for the evaluation of mid-20th century architectural resources by municipalities throughout the state of Ohio. The scope of this effort included the documentation and recordation of 500 significant mid-century buildings and the preparation of a detailed historic architectural survey report. The findings were presented at a statewide symposium in 2010. Additionally, Mr. Avdakov presented the project at the Ohio Modern: Preserving Our Recent Past workshop at the National Preservation Conference, sponsored by the National Trust for Historic Preservation, held in Buffalo, New York in 2011. STEVEN AVDAKOV, R.A., NCARB Principal, Heritage Architectural Associates 4770 Alton Road, Miami Beach, FL 33140 2307 Chapline Street Wheeling, WV 26003 savdakov@heritagearchitectural.com p.305.761.3642 p.681.207.9975 Submitted into the �public ,l record or its n(s) P t. \ J on \� City Clerk EDUCATION: 1994: Master of Science in Historic Preservation, Columbia University, New York, NY 1989: Bachelor of Architecture, University of Miami, Coral Gables, FL PROFESSIONAL REGISTRATION: Florida, AR0015613 Michigan, 1301049985 Ohio, A-03-13277 Pennsylvania, RA403346 West Virginia, 3056 National Council of Architectural Registration Board, (NCARB), certificate number 48641 PROFESSIONAL EXPERIENCE: Meets federal professional qualifications for Historic Architecture consultants 1998 to present: Principal, Heritage Architectural Associates, Wheeling, WV / Miami Beach FL 1993, 1994-1997 Associate Vice President, RJ Heisenbottle Architects, Coral Gables, FL 1991-1992 Intern Architect, DRS/Hundley Kling Gmitter, Pittsburgh, PA 1990-1991 Intern Architect, Robert D. Graham, Architect, Sewickley, PA 1989-1990 Senior Designer, CYP of Florida Architects, Ft. Lauderdale, FL 1987, 1988, 1989 Designer, Cuhaci and Peterson Architects, Orlando, FL 1986 Designer, Shaeffer and Madama Architects, Wheeling, WV AFFILIATIONS: Association for Preservation Technology Columbia Preservation Alumni, Inc. Preservation Alliance of West Virginia Heritage Ohio, Inc. National Trust for Historic Preservation, Forum Member Partners for Sacred Places Florida Trust for Historic Preservation ACADEMIC AWARDS: Columbia University: Questers Scholarship University of Miami: Henry King Stanford Scholarship SELECTED AWARDS: One Bistro Restaurant / Xenia, OH 2016 Ohio Conference of Community Development President's Award for Innovative Practices Historic Hampton House Restoration and Adaptive Reuse / Miami, FL 2017 Florida Trust for Historic Preservation Outstanding Achievement Award, Adaptive Use 2016 AIA Miami Chapter Merit Award for Renovation/Restoration 20I6 AIA Florida Chapter Merit Award ofExcellence for Historic Preservation/Restoration 2016 Dade Heritage Trust Preservation Award Villa Providence / Hallandale Beach, FL 201 1 Florida Trust for Historic Preservation Outstanding Achievement Award, Adaptive Use 2011 Broward County Historical Commission Stuart McIver Award Steven A vdakov 2 Henrietta Baum Building / Wheeling, WV, 2006 Friends of Wheeling Outstanding Restoration Award Egerter Building / Wheeling, WV 1999 Friends of Wheeling Outstanding Restoration Award Wheeling Coffee and Spice / Wheeling, WV 1999 Friends of Wheeling Outstanding Restoration Award Submitted into tlhc pubii record f r itci (s, on L. 1 . City Clerk SELECTED LECTURES/ PRESENTATIONS: Historic Structures Reports Heritage Ohio Annual Conference, Cincinnati, Ohio/ October 2016 Downtown Revitalization: Making it Happen London, Ohio / September 2014 Preservation Analysis of the Ward L. Lambert Field House and Gymnasium Purdue University / November 2012 Epworth Park: An Overview ofa Historic Chautauqua Community The Ohio Questers 2012 State Convention, Bethesda, Ohio / October 2012 Archimedes and the Farmstead Leveraging Resources and Historic Preservation, Pane! Discussion Preservation Alliance of West Virginia Conference, Charles Town, West Virginia / September 2012 Downtown Redevelopment Strategies Workshop Xenia Downtown Revitalization Committee, Xenia, Ohio/June 2012 Ohio Modern: Preserving Our Recent Past Miami Valley Planning Conference, Dayton, Ohio / December 2015 Webinar, Heritage Ohio, Columbus, Ohio / December 201 1 National Preservation Conference, Buffalo, New York / October 201 1 The Ohio Historical Society, Dayton, Ohio / February 2011 The Ohio Historical Society, Columbus, Ohio / September 2010 The Impact of Hurricane Katrina upon the Historic Architecture of New Orleans Mount Pleasant Historical Society, Mount Pleasant, Ohio/ October 2008 Bethany College, Bethany, West Virginia / January 2008 Olney Friends School, Barnesville, Ohio / May 2006 The Historic National Road in Belmont County, Ohio The Ohio Ouesters 2005 State Convention, St. Clairsville, Ohio/ October 2005 Main Street 101.. Design Building Connections: Ohio's Conference on History, Preservation, and Revitalization, Columbus, Ohio / November 2003 Revitalization Opportunities in Downtown Barnesville Barnesville Rotary, Barnesville, Ohio / October 2003 Main Street Basic Training: Design Downtown Ohio, Inc., Columbus, Ohio / February 2002 13 Steven A vdakov3 Submitted into the publ•c_ record f r itei (s) on �/7L;)• City Clerk Main Street Design Workshop Downtown Ohio, Inc., Cambridge, Ohio / November 2001 The Economic Impact of Historic Theatres, Uptown Merchants Association, Moundsville, West Virginia / September 200 I Revitalization Opportunities in Downtown Cadiz Cadiz Business Association, Cadiz, Ohio / August 2001 SELECTED PROFESSIONAL SERVICE: Hurricane Assessment Team, National Trust For Historic Preservation New Orleans, LA / December 2005 SELECTED ACADEMIC SERVICE: Design Juror- /996, 1997, 2000, 2001, 2002, University of Miami School of Architecture EXPERT WITNESS SERVICE: Midtown De/ray, Application for Certificate of Appropriateness, Relocations/Demolitions, Old School Square Historic District, Delray Beach Historic Preservation Board / December 2018 Harbour Bay Condominium, Appeal of Designation as a Local Historic Site Miami -Dade County Commission, Miami, Florida / June 2017 Coconut Grove P/ayhouse, Revision of Existing Designation of a Local Historic Site Miami Historic and Environmental Preservation Board, Miami, Florida / April 2017 St. Jude Me/kite Catholic Church, Designation as a Local Historic Site Miami City Commission, Miami, Florida / February 2016 Miam/Hera/d Bui/ding, Designation as a Local Historic Site Miami Historic and Environmental Preservation Board, Miami, Florida / December 2012 Rick Gonzalez, AIA President Professional Experience Rick Gonzalez, AIA has over 30 years of experience in the architectural profession. Rick received two architectural degrees from the Catholic University of America in Washington, D.C., with additional course work completed at Miami -Dade College, Francisco Marroquin University in Guatemala City and the Autonomous University of Central America in San Jose, Costa Rica. Mr. Gonzalez is a member of the American Institute of Architects and was appointed to the Florida Historical Commission (FHC) by Governor Charlie Crist in 2008 (Vice -Chair 2011-2015) and to Florida Board of Architecture and Interior Design (BOAID) by Governor Bush for two terms 2000-2007 (Chairman 2005 & 2006). Mr. Gonzalez is an award - winning architect, whose design standards have been used as examples for Palm Beach County's Architectural Guidelines, Florida CNU Guidebook & ULI Land Development Handbook. Historic Preservation, Adaptive Reuse • Old Boynton Beach High School, Boynton Beach, FL • Historic Lake Worth Beach Casino, Lake Worth, FL • Palm Beach County Cultural Council Headquarters, Lake Worth, FL • Old 1916 Palm Beach County Court House Restoration, West Palm Beach, FL • Mar-A-Lago Private Club, Palm Beach, FL • The Harriet Himmel Theatre at CityPlace, West Palm Beach, FL • St. Ann's Campus Renovation, West Palm Beach, FL • Harris Music Lofts, Downtown West Palm Beach, FL • Old Ft. Pierce Post Office, Ft. Pierce, FL • Old St. Anastasia School, Ft. Pierce, FL • Historic Ruth Jones Cottage/"Little House" Restaurant, Boynton Beach, FL • Sperry Boathouse, Jupiter, FL • Old Belle Glade City Hall, Belle Glade, FL • Sunset Lounge, West Palm Beach, FL • Lincoln Theatre, Ft. Pierce, FL • Children's Museum, Boynton Beach, FL • Dubois Pioneer House, Jupiter, FL • St. Ann's Church & Parish, West Palm Beach, FL • Lunt Cottage, Palm Beach, FL Mixed Use/Urban & Master Planning • Town Architect for Abacoa POA, Jupiter & Ballenlsles, Palm Beach Gardens, FL • Juno Pointe, Juno Beach, FL • Testa's, Palm Beach, FL. • Blue Harbor, Ft. Pierce, FL • Landmark Town Center @ Dotal, FL • Vista del Lago Town Center, Cutler Bay, FL • Melody Place, Downtown Ft. Pierce, Ft. Pierce, FL • Transit Village, West Palm Beach, FL • Lake Okeechobee/Palm Beach County LORE Design Guidelines • Delray Beach CRA, 9th Avenue Redevelopment, Delray Beach, FL • Virginia Key Master Plan, Virginia Key, FL • Northwood Facades Study, West Palm Beach, FL • Historic Delray Design Guidelines, Delray Beach, FL • DDA Downtown Facades, West Palm Beach, FL • Yesteryear Village at the South Florida Fair Master Plan, West Palm Beach, FL • Pahokee Main Street, Pahokee, FL Government, Municipal Facilities • Boynton Beach Amphitheatre, Boynton Beach FL • Wellington Amphitheatre, Wellington, FL .*' • West Palm Beach Fire Station #5 & EOC, West Palm Beach, FL • Ocean Cay Park, Jupiter, FL Submitted into the publ'c record f•r ite (s) on 1 City Clerk Registrations State of Florida- 1992 NCARB- 1992 Education The Catholic University of America, Washington, D.C. Bachelor of Science in Architecture - 1984 Bachelor of Architecture - 1985 Miami -Dade College, Miami, FL Associate of Arts Degree - 1982 Francisco Marroquin University, Guatemala City, Guatemala, Architectural Studies - 1980 Autonomous University of Central America, San Jose, Costa Rica, Architectural Studies - 1979 Awards 2015 • AIA Palm Beach Chapter Excellence Award, Palm Beach Towers • Florida Trust Award (FTHP) Gulfstream Goodwill Preservation Award 2013 • Florida Trust for Historic Preservation Award for Cultural Council of Palm Beach County • AIA Palm Beach Chapter Excellence Award for Historic Cultural Council of Palm Beach County • AIA Palm Beach Chapter Merit Award for Private Equestrian Facility • Florida Community Redevelopment Award for Outstanding Reuse for "Little House" Restaurant 2009 • AIA Palm Beach Firm of the Year Award • AIA Palm Beach Chapter Recognition Award for Corporate Place at Tradition • Silver National Excellence Award for the Palm Beach County SWA Transfer Station at I-95 and Lantana Rd. 2008 • Florida Trust Award (FTHP) & AIA Palm Beach Historic Restoration Excellence Award for the 1916 Palm Beach County Historic Court House, West Palm Beach, FL • AGC's "Build Florida Award" for $4m and above category for the 1916 Palm Beach County Court House, West Palm Beach, FL • DBA's Historic Preservation Test of Time Award for Donald Trump's Mar-A-Lago Club 1995-2005 in Palm Beach, FL • ABC's Design Award for Public Works under $5m; Northern Palm Beach County Improvement District Admin/EOC in Palm Beach Gardens, FL • PBC Hispanic Chamber's Business Leader of the Year 2007 • The Delray Beach Site Plan Review & Appearance Board (SPRAB) Award for Excellence in Design in the category of New Residential Development for "Old Palm Grove" Estate Homes & Apartments 2006 • AIA Palm Beach Community Service Award • SE Construction News Best Municipal Sebastian City Hall & Police Station Now Subililid into the publi recoil for i1'i!1(s) on1/71)10 • Rick Gonzalez, AIA (Continued) • Miami Beach Parks Bond Improvement, Miami Beach, FL • St. Lucie County Administration Annex, Port St. Lucie, FL +..• • Marine Life Center of Juno Beach, FL • Isla Carroll Farm, Wellington, FL • Trump International Golf Club, West Palm Beach, FL • Wycliffe Communities Guardhouses, Wellington, FL • Miami Beach Golf Clubhouse at Bayshore Drive, Miami Beach, FL • Children's Museum, Boynton Beach, FL • Westgate/Belvedere Pump Station, West Palm Beach, FL • Wellington 9/11 Memorial, Wellington, FL • Palm Beach County Solid Waste Transfer Facility, Lantana, FL • Lake Park Fire Station, Lake Park, FL • City of Sebastian City Hall and Police Station, Sebastian, FL • Northern Palm Beach EOC, Palm Beach Gardens, FL Parks and Equestrian Facilities • Glenspur Equestrian Farm, Wellington FL • LaLechuza Caracas Equestrian & Polo Facility, Wellington, FL • Zacara Equestrian Farm, Wellington, FL • Sara Sims Park Master Plan, Boynton Beach, FL • Acreage Park South Master Plan, The Acreage, FL • Scott's Place Park & Patriot's Memorial Park, Wellington, FL • Pine Creek Hunting Club, Okeechobee, FL • Marco Island Amphitheatre & Veteran's Park Master Plan, Marco Island, FL Community Centers, Clubs & Hospitality • Morgan Hotel, West Palm Beach, FL • Northwood Community Center, West Palm Beach, FL • Lindsey Davis Community Center, Riviera Beach, FL • West Jupiter Community Center, Jupiter, FL • Palm Beach International Polo Club, Wellington, FL • Marriott Hotel & Spa, Singer Island, FL • Trump International Golf Club, West Palm Beach, FL Religious & Educational Institutions • Northwood University Master Plan, West Palm Beach, FL • Cardinal Newman High School, West Palm Beach, FL • St. Jude Catholic Church Multi -purpose Hall, Boca Raton, FL • Grace Episcopal Church, West Palm Beach, FL • Poinciana Day School MP, West Palm Beach, FL • Holy Cross Catholic Church, Indiantown, FL • All Saints Catholic School, Sports Facility, Jupiter, FL Office/Retail • Jon Smith Subs, Jupiter, FL • Baer's Furniture Stores, North Palm Beach, FL & Boca Raton, FL • Addison Place, Delray Beach, FL • Boysaw & Associates Law Office Building, West Palm Beach, FL • Corporate Place @ Tradition Office Campus, Port St. Lucie, FL • Bill Bone Professional Building, West Palm Beach, FL • Iberia Bank, West Palm Beach, FL • PNC Bank, Delray Beach, FL • Mirasol Town Center, Palm Beach Gardens, FL • Havana Restaurant, West Palm Beach, FL Multi Family & Single Family Residential • Big Cypress Townhomes, Big Cypress, FL • Paul Laurence Dunbar Senior Complex, West Palm Beach, FL • Peninsula Estate, Loxahatchee River, FL • West Palm Beach Infill Housing, West Palm Beach, FL • Pinnacle Palms Senior Housing, West Palm Beach, FL • Old Palm Grove, Delray Beach, FL • Tim Hernandez Residence, Ft. Lauderdale Golf Course Page j 2 1J City Clerk REG 2005 • Excalibur Award - Small Business Sun Sentinel Paper 2004 • AIA Palm Beach Award for Miami Beach, (Bayshore) Golf Clubhouse, Miami Beach, FL. 2003 • AIA Palm Beach — Honor Award for Design of the Harriet Himmel Theatre at CityPlace • The Delray Beach Site Plan Review and Appearance Board Award for Excellence in Design in the Category of New Commercial Development for Fidelity Federal Bank at 5th Avenue (SPRAB) 2001 • Florida Trust for Historic Preservation- Outstanding Achievement Award in the Field of Non -Residential Restoration/Rehabilitation for the Harriet Himmel Theatre at CityPlace 1998 • Outstanding Achievement Award in the Field of Restoration/ Rehabilitation for the Mar-A-Lago Conversion to a Private Club Affiliations Maryland Institute and College of Art (MICA) Board of Trustees 2011-2014 University of Florida, School of Architecture, Historic Preservation Dept. Board of Advisors & DSO St. Augustine, 2009 — Present FL Trust for Historic Preservation Board 2008 —Present Vice -President 2012- 2013, President 2013-2015 Florida Historical Commission (FHC) 2008 — Present Vice Chair 2011-Present W. Palm Bch. Cultural Affairs Committee 2008- 2013 Catholic University of America/School of Architecture Advisory Board, Washington, DC 2004 — 2014 State of Florida Department of Professional Regulation, Board of Architecture and Interior Design, Chair, 2005 — 2007, 2 terms 2000-2007 American Institute of Architects 1986 — Present Chamber of Commerce of the Palm Beaches, Trustee 2014-Present City of West Palm Beach Planning Board 1993-1999 Palm Beach County Cultural Council 2000-2008 Palm Beach County Committee for Public Art 2002-2008 Business Development Board of Palm Beach County 2003 - Present Publications/Articles Miami Herald/WLRN judge for "Best Urban Block" 2012 National Trust for Historic Preservation June 2009 Issue Article on 1916 Palm Beach County Courthouse Restoration in Preservation Magazine A Guide to New Urbanism in Florida Doral Town Center, Old Palm Grove, City Place, Downtown West Palm Beach "For the Good of the Community", The Prospector, Business Development Board Publication, Winter 2004 "Having a Ball", Real Estate Review, Daily Business Review, 2004 Place Making: Developing Town Center, Main Streets and Urban Villages Case Study: CityPlace. Urban Land Institute, 2002 "Downtown Walking Tours". Palm Beach Post, November 2002 "South Florida Today" WXEL - November 2003"(Abli- Through History", Sun Sentinel, November 2003 ,,l yr EST. 1988 Submitted intl publ`c record f r iteip( vZ.13 1/1,rj/ )y . C Cl k APPEAL OF HISTORIC DESIGNATION OF THE BABYLON 240 SE 14TH Street Miami, Florida Prepared for: Miami City Commission 3500 Pan American Drive Miami, FL 33133 January 25, 2018 Compiled By: HERITAGE ARCHITECTURAL ASSOCIATES Heritage Architectural Associates 4770 Alton Road Miami Beach, Florida 33140 REG Archnsets Interiors Planners 641 Asa tMJ REG Architects 300 Clematis Street, 3rd Floor West Palm Beach, FL 33401 Submitted into the publC record t r Cet ti on � City Clerk APPEAL OF HISTORIC DESIGNATION OF THE BABYLON 240 SE 14th Street Miami, Florida Prepared By: Steven Avdakov, R.A., Principal, Heritage Architectural Associates Deborah Griffin, Heritage Architectural Associates Rick Gonzalez, AIA, REG Architects Submitted By: Steven Avdakov, R.A. Principal Heritage Architectural Associates 4770 Alton Road Miami Beach, Florida 33140 305.761.3642 and Rick Gonzalez, AIA President REG Architects 300 Clematis Street, 3rd Floor West Palm Beach, FL 33401 Submitted To: Miami City Commission 3500 Pan American Drive Miami, FL 33133 January 25, 2018 iii Submitted into the public record for ite%n(s) 7 on �/ �� 1 l__• City Clerk ABSTRACT The designation of the Babylon, 240 SE 14th Street, Miami, Florida, as an historic site is being appealed to the Miami City Commission, per the City of Miami's Historic Preservation Ordinance. Heritage Architectural Associates and REG Architects, experts in historic preservation, were commissioned to review the Designation Report and provide analysis of the Report and of the Historic and Environmental Preservation Board's decision to designate the property as a local historic site in the City of Miami. In addition to meeting the standard criteria for designation, the Babylon must also meet Criteria Exception (6) because of its age. Normally, buildings that have achieved significance in the past 50 years are ineligible to be listed in the Miami Register of Historic Places. Criteria Exception (6) provides that such a building may be listed if it is "exceptionally important." In addition to reviewing the Designation Report, Heritage Architectural Associates and REG Architects conducted research and performed an analysis of whether or not the Babylon meets the "exceptional importance" criteria. This analysis produced the conclusion that the Babylon is not "exceptionally important" and does not meet the standard set by Criteria Exception (6) of the Miami Historic Preservation Ordinance. Therefore, the decision to designate the building as an historic property by the City of Miami's Historic and Environmental Preservation Board (HEPB) should be overturned, and the property should not be listed as an historic site by the City of Miami. iv Submitted into the public; record f r i(,: (s) V ,, \ th on City Clerk TABLE OF CONTENTS LIST OF FIGURES vii INTRODUCTION 1 MIAMI'S HISTORIC PRESERVATION ORDINANCE 3 DESIGNATION CRITERIA 5 THE "50 YEAR PRINCIPLE" 6 Criteria Consideration G 6 ANALYSIS OF THE DESIGNATION REPORT 8 Historic Context 8 Arquitectonica 8 Press Coverage 8 Award Winning 10 Design versus Actual Construction 10 Site Zoning Constraints 12 Babylon — The Early Years 14 COMPARISON WITH SIMILAR BUILDINGS 15 Babylon 16 Palace 17 Atlantis 19 Imperial 21 Summary of Comparison 22 CITY OF MIAMI Buildings of "Exceptional Importance" 24 Bacardi Buildings 24 Miami Marine Stadium 26 Other Buildings 28 NATIONAL REGISTER OF HISTORIC PLACES Buildings of "Exceptional Importance" 29 Buildings Constructed in the 1980s 29 Thorncrown Chapel 30 Portland Building 31 v Submitted into the publiR� record f/?r ite (,$) J on \/1,,,' n . City Clerk Buildings Constructed Prior to the 1980s 32 Miami Biltmore 33 Kennedy Space Center Headquarters Building 34 Kennedy Space Center Launch Control Center 35 Fallingwater 36 TWA Flight Center, John F. Kennedy Airport 37 Chrysler Building 38 Lever House 39 Dulles International Airport 40 ANALYSIS OF EXCEPTIONAL IMPORTANCE IN RELATION TO THE BABYLON 41 Historic Context 41 Arquitectonica 41 Press Coverage 41 Award Winning 41 Design versus Actual Construction 42 Site Zoning Constraints 42 Babylon — The Early Years 42 Comparison with Similar Buildings 42 Palace 42 Atlantis 43 Imperial 43 Babylon 43 Staff Report and Recommendation 43 INTEGRITY OF THE ORDINANCE 45 CONCLUSION 46 BIBLIOGRAPHY 47 APPENDIX A 49 vi Submitted into the publy� record for ite (Cs) on 1I . City Clerk LIST OF FIGURES Figure 1. Color rendering of original design of the Babylon 11 Figure 2. The Babylon as built 11 Figure 3. Line drawing of original design of Babylon, showing front facade. 11 Figure 4. The Babylon as built, showing front fagade. 11 Figure 3. 1984 Aerial Photo of Miami Brickell Area showing locations of four Arquitectonica buildings. 15 Figure 4. The Babylon, east elevation 16 Figure 5. The Babylon, west and north elevations. 16 Figure 6. The Palace, west elevation. 17 Figure 7. The Palace detail of stepped slab, east elevation 17 Figure 8. Site plan and typical floor plan of the Palace. 18 Figure 9. Aerial view rendering of the Palace. 18 Figure 10. The Atlantis, north elevation. 19 Figure 11. The Atlantis, south elevation. 20 Figure 12. The Atlantis, east end. 20 Figure 13. The Atlantis, south elevation. 20 Figure 14. The Imperial, north and west elevations. 21 Figure 15. The Imperial, south and east elevations 21 Figure 16. Bacardi Buildings 24 Figure 17. Miami Marine Stadium. 26 Figure 18. Thorncrown Chapel 30 Figure 19. Portland Building 31 Figure 20. Miami Biltmore Hotel. 33 Figure 21. Kennedy Space Center Headquarters Building 34 Figure 22. Kennedy Space Center Launch Control Center, Launch Complex 39. 35 Figure 23. Fallingwater 36 Figure 24. TWA Flight Center, JFK Airport 37 Figure 25. Chrysler Building 38 Figure 26. Level House 39 Figure 27. Dulles Airport Main Terminal 40 VII Submitted into the publ. record or Itc fs) on INTRODUCTION City Clerk The Babylon was constructed in 1982 at 240 SE 14th Street in the Brickell area of Miami, Florida. The building was the second design by the then little-known firm Arquitectonica, which has since become internationally recognized. Originally designed as condominiums, the building's use was changed to an apartment complex in 1990. On October 28, 2015, the City's Unsafe Structures Panel issued a "Repair or Demolish" order for the Babylon. This order was stayed, and attempts were made to designate the building as a City of Miami historic site. On April 5, 2016, Miami Historic and Environmental Preservation Board (HEPB) Vice -Chair Lynn Lewis directed staff to prepare a Preliminary Designation Report for the Babylon. The HPEB approved the Preliminary Designation report on May 3, 2016 and directed staff to prepare a Final Designation Report. The Final Designation Report was presented to the Board at its July 5, 2016 meeting. The Miami Historic Preservation Ordinance prohibits listing of buildings which have achieved significance in the past 50 years, unless they are of "exceptional importance." Since the Babylon had only been constructed 34 years prior to the time of the historic designation hearing, it was required that "exceptional importance" be demonstrated. The Board voted 6-0 to designate the Babylon and list it in the Miami Register of Historic Places. The owner, Babylon International, Inc., has appealed the decision to the Miami City Commission. As part of that effort, Heritage Architectural Associates and REG Architects, experts in historic preservation, were commissioned to review the Designation Report and provide analysis of the report and the decision to designate the property as a local historic site in the City of Miami in accordance with the terms of the City's Historic Preservation Ordinance. This report is intended to provide the following: 1. A general overview of the City of Miami's Historic Preservation Ordinance and associated criteria for the designation of buildings, especially buildings that have achieved significance within the past 50 years. 2. An analysis of the information provided in the City's Designation Report. 1 Submitted into ;he public record f r iic l P t, on 1 /'L5 �l pQ City Clerk 3. An analysis of the "exceptional importance" principle in relation to the decision by the City of Miami's Historic and Environmental Board to designate the Babylon. 4. A comparison of the Babylon to other buildings designed by Arquitectonica during the same general era and constructed in the Brickell area of Miami. 5. A comparison of the Babylon to other buildings that have been deemed "exceptionally important", both in Miami, the state of Florida, and nationally. 6. An expert determination on whether or not the Babylon qualifies as "exceptionally important", and consequently, whether the HEPB decision should be upheld or overturned. 2 Submitted into the public record f°r itejin s) VL. \3 '''i \J Li l i'o . City Clerk MIAMI'S HISTORIC PRESERVATION ORDINANCE In 1982, the City of Miami enacted an Historic Preservation Ordinance to ensure the preservation of the City's heritage. The laws that govern the ordinance are codified in Chapter 23 of the Miami City Code. The Code was modified in 2008 to include, among other items, the requirement that properties that have achieved significance within the past 50 years must be of "exceptional importance" to be eligible for listing in the Miami Register of Historic Places. The stated purpose of the Ordinance, as indicated in Sec. 23-1, is to "preserve and protect the heritage of the city through the identification, evaluation, rehabilitation, adaptive use, restoration, and public awareness of Miami's historic, architectural, and archaeological resources." (City of Miami Code of Ordinances, Chapter 23) Over 100 historic properties, districts, and archeological zones have been designated to date. Section 23-4 (a) states that properties may be designated only if they have significance in "the historical, cultural, archaeological, paleontological, aesthetic, or architectural heritage of the city, state, or nation; possess integrity of design, setting, materials, workmanship, feeling, and association" and meet one of more of the following criteria: (1) Are associated in a significant way with the life of a person important in the past; (2) Are the site of a historic event with significant effect upon the community, city, state, or nation; (3) Exemplify the historical, cultural, political, economical, or social trends of the community; (4) Portray the environment in an era of history characterized by one or more distinctive architectural styles; (5) Embody those distinguishing characteristics of an architectural style, or period, or method of construction; (6) Are an outstanding work of a prominent designer or builder; (7) Contain elements of design, detail, materials, or craftsmanship of outstanding quality or which represent a significant innovation or adaptation to the South Florida environment; or (8) Have yielded, or may be likely to yield, information important in prehistory or history. 3 (7) Submitted into the publc record f lr itc' zi } ��' City C«„ Section 23-4 (b), Criteria Exceptions, states that "Ordinarily cemeteries, birth places, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature and properties that have achieved significance within the past 50 years shall not be considered eligible for listing in the Miami register of historic places." (Emphasis added) However, these properties will qualify for designation if they are integral parts of otherwise -qualified districts, or if they meet one of these criteria exceptions: (1) A building or structure that has been removed from its original location but is significant primarily for architectural value, or is the surviving structure most importantly associated with a historic person or event; (2) A birthplace or grave of a local historical figure of outstanding importance if no appropriate site or building exists directly associated with his or her productive life; A cemetery that derives its primary significance from graves of persons of outstanding importance, from age, from distinctive design features, or from association with historic events; (4) A reconstructed building when accurately executed in a suitable environment and presented appropriately as part of a restoration master plan and no other building or structure with the same association has survived; (3) (5) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; (6) A property achieving significance within the past 50 years if it is exceptionally important; or A religious property deriving primary significance from architectural or artistic distinction or historical importance. Miami's Historic Preservation Ordinance is based on the federal regulations regarding the National Register of Historic Places. Therefore, guidelines issued for the National Register can also be applied locally. 4 DESIGNATION CRITERIA Submitted into the public VL,I3 on ---� � ,4) l� City Clerk record f r item( Staff analysis, as expressed in the Final Designation Report, concluded that the Babylon meets Criteria 3, 5 and 6. (3) Exemplify the historical, cultural, political, economical, or social trends of the community; (5) Embody those distinguishing characteristics of an architectural style, or period, or method of construction; (6) Are an outstanding work of a prominent designer or builder; However, because the building is Tess than 50 years old, it must additionally meet Criteria Exception (6): (6) A property achieving significance within the past 50 years if it is exceptionally important; What constitutes "exceptional importance" is not defined in the ordinance but must be reviewed on a case by case basis using professional standards that are generally accepted in the field of historic preservation. This principle was upheld in 1995 by the District Court of Appeal of Florida, Third District in the case of Metropolitan Dade vs. PJ Birds. (Metropolitan Dade County v. P.J. Birds, Inc., 1995) 5 Submitted into the publ' record f r iter�%%(s) on t� l l�_• THE "50 YEAR PRINCIPLE" The National Register of Historic Places was established by the National Historic Preservation Act of 1966. Generally, properties must have achieved significance at least fifty years in the past to be eligible for listing in the National Register. According to National Register Bulletin #15, How to Apply the National Register Criteria for Evaluation: Fifty years is a general estimate of the time needed to develop historical perspective and to evaluate significance. This consideration guards against the listing of properties of passing contemporary interest and ensures that the National Register is a list of truly historic places. (Sherfy & Luce, 1998) The "50 Year Principle" guards against the listing of properties that are "important solely for their contemporary impact and visibility, and it rarely is possible to evaluate historical impact, role, or relative value immediately after an event occurs or a building is constructed." (Sherfy & Luce, 1998) The passage of time is needed to ensure that a property is evaluated with appropriate historical perspective. Perspective is necessary to ensure that a property has "enduring value" for its historical associations, appearance, or information potential. The passage of time "allows our perceptions to be influenced by education, the judgment of previous decades, and the dispassion of distance." (Sherfy & Luce, 1998) Criteria Consideration G The National Register of Historic Places provides for the listing of properties that have achieved significance in the past 50 years under Criteria Consideration G: A property achieving significance within the past fifty years is eligible if it is of exceptional importance. The Federal Criteria Consideration G is equivalent to Criteria Exception (6) in the Miami Historic Preservation Ordinance. National Register Bulletin #22, Guidelines for Evaluating and Nominating Properties that Have Achieved Significance Within the Past Fifty Years states that in order to demonstrate that a property is of "exceptional importance", it must 6 Submitted into the public record for it(s) W.,. ` ) " 1/7i 5/ I 0 City Clerk be evaluated in its historic context. "Evaluating a property within its historic context ensures accuracy in understanding its role and in making comparisons among similar resources." (Sherfy & Luce, 1998) "An understanding of the context of a historic resource is based on knowledge of the time, historical theme, and geographical area with which the property is associated. This involves understanding, among other things, the social, political, economic, artistic, physical, architectural, or moral environment that accounted for the presence of, as well as the original and current nature of, the resource." (Sherfy & Luce, 1998) One of the methods of evaluating a property, especially one of the recent past, is to reference scholarly sources that address the type of architecture or historic events that are associated with the property. In the last 30 years, there have been a number of scholarly evaluations of buildings constructed in the 1980s. There are also several books and articles about Arquitectonica and its impact upon the built environment of Miami and other domestic and international cities. "In evaluating and justifying exceptional importance, it is especially critical to identify the properties in a geographical area that portray the same values or associations and determine those that best illustrate or represent the architectural, cultural, or historical values being considered." (Sherfy & Luce, 1998) Evaluation of significance requires comparison with similar buildings in the same geographical area. 7 Submitted into the publ'c record f r iteyn(s)J'7„ \14) on )11,5 + I , . City Clerk ANALYSIS OF THE DESIGNATION REPORT The Babylon Final Designation Report, prepared by the City of Miami Preservation Office, discusses the historic context of the Babylon. The following is a review and analysis of a number of points made in the report. Historic Context Arquitectonica The Designation Report details the rise of Arquitectonica from the late 1970s to its current international status. There is no argument that Arquitectonica is a significant firm, locally, nationally and even internationally. However, the arguments that attempt to articulate the significance of the Babylon are insubstantial, at best. Although it was one of the firm's earliest designs, the Babylon was not Arquitectonica's first design. "One singular project drew attention to the firm in the earliest years. The firm's first work...was a house for Spear's parents. The Pink House (1978) in Miami Shores, Florida, is in many ways seminal, as it established a number of paths of inquiry that the firm has pursued consistently, including color and cadence, the manipulation of scale and perception." (Dunlop, 2004, p. 37) The Pink House won a Progressive Architecture Award (not a Citation) in 1975. Arquitectonica itself does not recognize the significance of the Babylon. It is not listed in the Portfolio on the firm's website. However, all of the other buildings of the same era that were designed by the firm (Pink House, Palace, Atlantis and Imperial) are included in the Portfolio. Additionally, the Babylon is not featured in any company brochures. When asked about the possibility that the Babylon would be demolished, Arquitectonica founders Bernardo Fort -Brescia and Laurinda Hope Spear declined to offer an opinion. (Viglucci, 2016) Clearly, the firm itself does not feel that the building is important, let alone of "exceptional importance." Press Coverage Speaking about Arquitectonica, the Designation Report makes the following statement: "Their work has also been critiqued globally, usually highlighting the Babylon as one of the firm's achievements in design." (City of Miami Preservation Officer, 2016, p. 8) Since this assertion does not contain any citations, it is difficult to determine the number of references to the Babylon as an 8 Submitted into the pub'c record for it 'TVs) City Clerk "achievement in design", or when these statements were made. The report bibliography cites approximately 18 references for articles produced in the 1980s, and only two books produced in the last 15 years. One of those two books is an American Institute of Architects (AIA) Guide (2010) that includes the Babylon, along with the contemporaneous Palace, Imperial and Atlantis. Although the guide describes the Babylon and notes that it "occupies a place in Arquitectonica's "first generation of innovative residential buildings" (Schulman, Robinson, & Donnelly, 2010, p. 87) , it does not offer any assessment of its merit. The second book, Arquitectonica (2004), devotes one paragraph of text to the Babylon. It describes the building and notes it is "directly referential to early modernist sources, though it...foreshadows larger and more complex works, with its oblique deference to the past and its manipulation of scale and perspective." (Dunlop, 2004, p. 37) However, the book devotes more than a full page of text to the Palace, Atlantis and Imperial. Furthermore, the Designation Report states: "Though some of their other projects such as the Palace, the Atlantis Condominium and the Imperial may have been better known outside of Miami, the Babylon seems to have stood out on its own, never falling into the shadow of the other, larger -scale projects." (City of Miami Preservation Officer, 2016, p. 12) Again, the report does not offer any support for this statement. Contradicting this assertion, a 1981 Miami News article discussed the rise of Arquitectonica and provided detailed descriptions of the design and construction of the Palace, Atlantis, Imperial, and the Helmsley Centre. (Merkel) The Babylon, under construction at the same time, is merely mentioned in passing. The July 1982 issue of Progressive Architecture magazine features a seven -page article on the Palace. Before going into the details of that building, it speaks of Arquitectonica's "three spectacular condominium apartment buildings completed or nearing completion in Downtown Miami, overlooking Biscayne Bay." (Doubilet, 1982, p. 82) The article continues to speak glowingly of the Palace, Atlantis and Imperial. Later in the article, the Babylon is mentioned in passing as being "under construction." The February 1983 issue of Progressive Architecture features an article about the Atlantis and the Babylon. The Atlantis is given seven pages and is featured on the cover, while only three pages are allocated to the Babylon. It is clear that although the Babylon received some attention in the early 1980s, it was clearly overshadowed by the other contemporaneous Arquitectonica buildings in the Brickell area. Additionally, the Babylon receives little press attention today, other than news of its potential demolition. When viewed through the lens of historical perspective, well short of the 50-year mark, it is clear that the Babylon is not "exceptionally important." 9 Submitted into the publi record for it m(s) '(7-, \b on City Clerk Award Winning Of the 17 pages of actual narrative, the Designation Report devotes nearly five pages (30%) to the one design award that was received by The Babylon in 1978. The award, from Progressive Architecture magazine, was a "Citation" award, the lowest level given by the publication. Amongst the jurors for this award, there was disagreement about the merit of the Babylon design. Jurist Natalie de Blois, a highly -esteemed modernist who spent much of her career at Skidmore, Owings and Merrill and was responsible for buildings such as the Pepsi Building, Lever House, and Union Carbide Building in New York City, the Equitable Building in Chicago, and many others, called the Babylon design "ugly", "indistinguishable in terms of architecture", and stated "it would be a mistake to give this building an award." Although there must have been enough contrary opinion to override her objections, the magazine saw fit to print her dissenting opinion regarding the design. It is important to note that the award that was conferred upon the Babylon by Progressive Architecture was for an unbuilt design. This type of design can be considered "paper" architecture, consisting of colorful design and lack of detailing — in other words, a design that "looks good on paper" but when executed, fails in many areas including use, durability, site and neighborhood context, and significance. The Babylon, as constructed, has not received any awards from any publication, professional organization, governmental agency, or historical society. The Designation Report states: "Awards have been used as a way to distinguish new architecture, setting apart groundbreaking projects and innovative design from the rest as well as acting as record of the trends...Awards also have the ability to give credit and a nod of approval from the industry to up-and-coming architects who are just starting their careers." (City of Miami Preservation Officer, 2016, p. 13) Although these statements are true, it should be noted that design awards are a "sanction from the community of architects." (City of Miami Preservation Officer, 2016, p. 15) They do not, in themselves, convey significance on the constructed building, predict how it will fare once constructed, or confer upon the building "exceptional importance." Design versus Actual Construction The Designation Report states, "The graphics that are displayed in P/A magazine's awards issue accurately reflect what was built several years later." (City of Miami Preservation Officer, 2016, p. 14) Contrary to that statement, the design and built versions of the Babylon are quite different. Since so much attention has 10 Submitted into the pub :Ord for itfm(s) — / i. City Clerk been given to the fact that the Babylon won a design award, the differences between the awarded design and the actual construction should be analyzed. The most significant difference, and the one that affects many others, is the massing. The original design had two distinct buildings (masses) with a swimming pool in the center at the 2nd Level. The built design is one long building with a swimming pool on the roof. Additionally, because the built design is only one long building instead of two, the number of front and rear facades is cut in half. f. • �. �W i� 1II I"I Mil IIlia IlV EI nil I PI. llN 11 III!''I�,a,`''•• Figure 1. Color rendering of original design of the Babylon. (Photo: Progressive Architecture, January, 1978, p. 83) Figure 2. The Babylon as built. (Photo: Google Street View, © Google, Image capture: May 2016) Figure 3. Line drawing of original design of Babylon, Figure 4. The Babylon as built, showing front fagade. showing front fagade. (Photo: Heritage Architectural Associates 2018) (Photo: Progressive Architecture, August, 1980, p.59) 11 Submitted into the publi record f'r itc Ti(s) on City Clerk The window arrangements are also quite different between the design and the built versions. The design had wraparound windows on both the interior and exterior corners of the "fold". The design also had elongated, short windows at the top level. Additionally, the built version has a center section with large window openings that extends above the roofline. In the design, the center section had small windows, and the top was even with the roofline. The table below presents some of the major differences between the design and built versions of the Babylon. Built Two distinct buildings One long, continuous building Four separate facades, two buildings Two facades, only one building Windows that turn corner inside "fold" Windows do not turn corner Elongated windows at top of front that turn both inside & outside corners No elongated windows at top Wide section with 2 columns of small glass block windows Wide section with large window openings of glass block, section projects above roofline Main entrance at ground level Entrance at 2nd level Pool at 2nd Level Pool on roof Clearly, there were many changes from the design that was awarded the Progressive Architecture Citation and the constructed building. The graphics in the P/A magazine awards issue do not accurately reflect what was built. The built design was very different from the design that won the award, which further negates the importance of the Progressive Architecture award. Site Zoning Constraints The Designation Report discusses the challenges of dealing with the zoning regulations for the site, which at the time of its construction was subject to the Comprehensive Zoning Ordinance, and the zoning for the property was "R-5" — High Density Multiple. The following is a summary of the zoning regulations that were applicable to the Babylon site, as presented in the Designation Report: Section 1— Use Regulations ■ For an apartment building, the density can be no more than 1 dwelling unit per 450 square feet of lot area. 12 Submitted into the public record lior �7.1,� 1 on /ZrjCityClerk Section 2 — Area ■ The lot must be at least 10,000 square feet and have a minimum average width of 100 feet. • If the lot does not meet the above criteria, and if the lot was platted before 9/25/1946, it may be used for a multi -family dwelling if the lot has an average width of 45 feet and an area of at least 4,500 square feet. Section 3 — Yards • The front yard must be at least 20 feet in depth, and in no instance shall any point on the building be closer to the centerline of the front street than one-half (1/2) the height of said point above grade. ■ There must be yards on each side of the building, the width of which must be at least 15% of the width of the lot, provided that no side yard shall be less than nine feet nor required to be greater than 18 feet in width for a building not exceeding a height of 25 feet. • The width of the above -required yards shall be increased by one foot for every two feet of building height above 25 feet. • Where a side lot line abuts a street, the side yard required shall in no case be greater than 20) feet, but no point on the building shall be closer to the centerline of the side street than one-half (1/2) the height of said point above grade. • Every lot shall have a rear yard not less than 20 feet in depth. The Designation Report quotes a 1986 article in the Pennsylvania Gazette, "Arquitectonica International's exuberant accomplishments may be all the more remarkable because many of them work within such restraints of urban surroundings as density, parking space, and city codes." (City of Miami Preservation Officer, 2016, p. 18) This is a far from an exceptional situation. Every building constructed in an urban or suburban area is subject to zoning regulations, and compliance with regulatory requirements is a basic component of the design process. The multiple layers and responsibilities of regulatory requirements must be considered and adhered to as a fundamental process of design. Zoning regulations often include use, density, setback, height, floor area ratios (FAR), parking, paving, landscaping and maximum square footage. Additionally, the property may be subject to special overlay districts and/or environmental restrictions. There is nothing exceptional in the adherence to zoning regulations. Compliance with such regulations is a fundamental responsibility for any architect in order to 13 Submitted into the publi record for itQm(s) ) L1 City Clerk obtain a building permit. Therefore, the claim that this contributes to the building's "exceptional importance" is total nonsense. Babylon — The Early Years Once built, the Babylon sat empty for many years, as the condominiums did not sell. In 1983, the owner petitioned the Zoning Board for a change of use, to allow offices on the 1st through 4th Floors, with the top floor reserved for residential use. The owner's attorney blamed the problems on the real estate market, but a neighbor expressed the opinion that "you're testing what people consider a livable building." (Transcript from the City of Miami Zoning Board's July 11, 1983 meeting; Items 4 & 5, cited in Babylon Designation Report, p. 20) The rezoning was allowed with the condition that the building be preserved and any modifications would be limited to those required for the new use. The Designation Report states, "It also had a provision that mentioned that an appointed representative from the Point View Association, Inc. "may require a change in the color of the exterior of the building to a color more in harmony with the colors of buildings in the Point View neighborhood..." (Declaration of Restrictions, memo to Howard V. Gary, City Manager, 12/8/83 as cited in Designation Report, p. 21) The Designation Report does not state if the building was ever converted to offices. In fact, the report does not detail any history after 1983. The building was sold five times between 1978, when the project commenced, and 1989. The current owner purchased the property in 1989 and rented out apartments until 2016. Although the "paper architecture" design may have been appreciated by the architectural community, the marketplace clearly did not respond to the building in a positive way. Lack of public appreciation does not imply "exceptional importance." 14 Submitted into the public record fp r iteri(s) VLL. on VL5/ IS • City Clerk COMPARISON WITH SIMILAR BUILDINGS The Designation Report does not address the other Arquitectonica buildings that are contemporary with the Babylon, but this topic was addressed in the Staff Report and Recommendations. At the same time that the Babylon was being constructed, three other Arquitectonica designs were under construction in the Brickell area. The other buildings were the Palace (1981), the Atlantis (1982) and the Imperial. (1983) An aerial photo, taken in 1984, shows the location of each of the four buildings. Figure 5. 1984 Aerial Photo of Miami Brickell Area showing locations of four Arquitectonica buildings. . (Photo: University of Florida Digital Collection, Dade County, Flight 51, Tile 113, 1984, captions Heritage Architectural Associates) 15 Submitted into the public - record for ite s) L+ on �,/ ��J / I City Clerk Babylon Although designed several years earlier, the Babylon was not completed until 1982. It is six stories in height and houses 13 residential units. Figure 6. The Babylon, east elevation. Figure 7. The Babylon, west and north elevations. (Photo: Heritage Architectural Associates, 2018) (Photo: Heritage Architectural Associates, 2018) The Babylon sits on a long, narrow, pie -shaped lot. The difficulty of providing a water view from every unit was solved by the introduction of the ziggurat shape, which steps back from each floor below. The front base conceals underground parking. The white side elevations feature long unbroken lines, emphasized by horizontal pipe railings. 16 Submitted into the public record or itep�n((s) on IJ7.C, /1Q ` City Clerk Palace The 42-story Palace was completed in 1981, one year before the Babylon was finished. At the time of completion, it was the tallest condominium in Miami. Figure 8. The Palace, west elevation. Figure 9. The Palace detail of stepped slab, east (Photo: © Timothy Hursley, Arquitectonica website, elevation. http://arquitectonica.com/portfolio/) (Photo: Progressive Architecture, July, 1982, pg. 87 The building houses 255 residential units, and sits atop a 2-story base with parking underneath. The base features waterfront townhouses, a design that was unique at the time but is now commonplace. (Schulman, Robinson, & Donnelly, 2010, p. 88) A tall thin slab tower, only 50' wide, rises from the podium and features units that extend across the entire width of the floorpiate, which was accomplished with the use of multiple elevator banks. The Palace was the firm's first thin slab tower, which has become characteristic feature of an Arquitectonica design. (Schulman, Robinson, & Donnelly, 2010, p. 88) The tower features a concrete supergrid which frames recessed balconies. A smaller, stepped slab intersects the tower perpendicularly and provides terraces in the setbacks. An article about the Palace in the July 1982 issue of Progressive Architecture magazine commented on its "use of contrasting materials and assemblies", including the red painted stucco wall in the low slab and that the "slick, 17 Submitted into the pug record fQr itcjl(s) on 1 5 City Clerk aluminum -framed glass wall of the tall slab uses contrasting finishes to express a giant double -story square grid —the smooth stucco grid dominates, the anodized aluminum blends with the glass." (Doubilet, 1982, pp. 82-83) Figure 10. Site plan and typical floor plan of the Palace. (Photo: Progressive Architecture, July 1982, p. 87) Figure 11. Aerial view rendering of the Palace. (Photo: Progressive Architecture, July 1982, p.p. 85 ) The Palace was the recipient of a 1982 Award of Honor in Architecture from the Florida Chapter of the AIA. 18 Submitted into the publi of fpr ite'1?�.�) Atlantis City Clerk The Atlantis is a 20-story building with 96 residential units. The Atlantis and the Babylon were both completed in 1982. Figure 12. The Atlantis, north elevation. (Photo: © Norman McGrath, Arquitectonica website, http://arquitectonica.com/portfolio/) "For sheer shock value, the Atlantis on Brickell is hard to beat." (Viladas, 1983, p. 99) The building immediately captured interest with its audacious use of color and form. The building is long and thin, with multiple elevator cores, providing most units with northern and southern exposures. The north elevation features a reflective glass curtain wall with four yellow triangles projecting from it, while the south elevation provides a royal blue masonry grid. The east end is rounded, and a red triangle is situated atop the roof at the western end of the building. The most distinctive feature is the sky -court, a multi -story void cut through the building. The sky -court features a whirlpool, red spiral staircase and wavy yellow wall. On the deck, near the tennis court, sits the cube that "fell" out of the building. 19 Submitted into the public record fp r it9m(s) on \/t5/,$ . City Clerk Figure 13. The Atlantis, south elevation. (Photo: Progressive Architecture, February 1983, p. 103) Figure 15. The Atlantis, south elevation. (Photo: Progressive Architecture, February 1983, p. 99) 20 Figure 14. The Atlantis, east end. (Photo: Progressive Architecture, February 1983, p. 101) In 1980, the design won a Citation award from Progressive Architecture magazine. The building won an Award of Honor in Architecture from the Florida Chapter of the AIA in 1983. It is also the recipient of the "Test of Time" award from both AIA Miami and AIA Florida. The building became internationally famous by its inclusion in the opening credits of the television show Miami Vice. Progressive Architecture magazine called it "quintessentially a Miami building." (Viladas, 1983, p. 105) c bmitted into the public rd r/ t/ I (�S) Z+ 1.3 City Clerk Imperial The Imperial was completed in 1983, one year after the completion of the Babylon. It is 31 stories tall and contains 160 residential units. tltsttttttjtfttUlfflt Figure 16. The Imperial, north and west elevations. (Photo: © Y. Futagawa/Retoria © Charles McGrath, Arquitectonica website, http://arquitectonica.com/portfolio/) Figure 17. The Imperial, south and east elevations. (Photo: © Y. Futagawa/Retoria © Charles McGrath, Arquitectonica website, http://arquitectonica.com/portfolio/) Similar to the Palace, the tower rises from a podium. It is essentially rectangular in shape with continuous white masonry balconies on the south, east and west elevations. Arquitectonica continued its use of contrasting materials with the floating red masonry wall located on the north side. There were no magazine or newspaper articles found that specifically featured the Imperial. However, the Imperial is included in every discussion of the significant Arquitectonica designs that were constructed in the Brickell area in the early 1980s. The book Arquitectonica noted, "...the Imperial was in many ways a harbinger of the work to come in that it gave full expression to the idea that many people only saw buildings at freeway speed and from a distance, and thus a new level of comprehension needed to be achieved." (Dunlop, 2004, p. 38) 21 Submitted into the publ' record f r iter s)7, on 1 itfiM • City Clerk Summary of Comparison Four Arquitectonica designs, the Babylon, the Palace, the Atlantis, and the Imperial, were constructed in the Brickell area of Miami in the years 1980-83. The Babylon, which was the first building designed, was completed in 1982. The Atlantis was also completed in 1982. The Palace was completed the year before, and the Imperial was completed in 1983. The Palace, in 1981, was the tallest condominium in Miami. It was Arquitectonica's first use of a thin slab tower, which became one of the firm's trademarks. It was the first to feature waterfront townhomes in the base of the tower, which is now a common design motif. The "firsts" claimed by the Palace make it more exceptional than the Babylon. The Atlantis, with its audacious use of form and color, immediately captured the attention of a wide audience. Not only was it profiled in a number of newspaper and magazine articles, it was featured in the opening credits of the very popular television show Miami Vice, which exposed the building to an international audience. The Atlantis won several awards, including the "Test of Time" Award from both AIA-Miami and AIA-Florida. Clearly, it is more exceptional than the Babylon. The Imperial, cannot claims the "firsts" of the Palace or the audaciousness of the Atlantis. However, it features many characteristics of an Arquitectonica building, including a large masonry grid, and contrasting colors and materials. It is mentioned, along with the Palace and Atlantis, as one of the Arquitectonica's signature early buildings in the Brickell area of Miami. Clearly, it is more exceptional than the Babylon. The book Arquitectonica states: "The Palace was the first of three Brickell condominium projects Arquitectonica undertook, and its significance along with the other two cannot be underestimated. As the Atlantis and Imperial condominiums were completed, they began to shape a new kind of skyline for Miami, one that reflected more than merely a rush to build; these were photogenic buildings to start with, painted in assertive primary colors and graphic against the flat landscape and vast blue sky." (Dunlop, 2004, p. 38) Clearly, the Babylon was overshadowed by these three buildings, even in the early 1980s. It cannot be successfully argued that the Babylon "introduced" Arquitectonica to the public, as several of their designs were already under construction or completed by the time the Babylon was constructed. 22 Submitted into the public� ::crd fpr itejn(s) �� `)/IX City Clerk Compared with the contemporaneous Arquitectonica buildings in the Brickell area, the Babylon is not "exceptionally important." 23 Submi record on into to publi.c�t �r ite�; s) ' )r 1 / I ' City Clerk CITY OF MIAMI Buildings of "Exceptional Importance" The Miami Register of Historic Places has six buildings that were listed prior to achieving 50 years of age. Three of the buildings were listed in the 1980s, prior to the 2008 modification to the Ordinance that enacted the 50-year principle. Two of the three buildings were highlighted in the Babylon Designation Report. Bacardi Buildings Figure 18. Bacardi Buildings. (Photo: Marc Averette. 5/16/2008 (cc-by-3,0}, en.wikipedia.org) The Bacardi Buildings were listed on the Miami Register of Historic Places in 2009. The Tower, which was constructed in 1963, was designed by Enrique Gutierrez, SACMAG International (Puerto Rico). The Tile design was done by Francisco Brennand (Recife, Brazil). The Annex Building was constructed in 1973, and the architect was Ignacio Carrera-Justiz of Coral Gables, FL. 24 Submitted into the public record for it9rn(s) 13 on 1/Z5 / IS City Clerk The Statement of Significance, from the Designation Report, stated: Although relatively young to the cityscape of South Florida, the Bacardi Building Complex's presence along Biscayne Boulevard has become a de facto landmark and a must -see part of many a visitor's itinerary. The structures are outstanding examples of International Style modernist architecture, and relate to Latin American modernist architecture in their use of materials and in their stylistic considerations. (City of Miami, 2009, p. 6) The buildings were determined to be significant under: Criteria 3 Exemplify the historical, cultural, political, economical, or social trends of the community. Criteria 5 (5) Embody those distinguishing characteristics of an architectural style, or period, or method of construction. Since the buildings achieved significance within 50 years, they were required to meeting the "exceptional importance" criteria exception. The Designation Report stated: The Bacardi Buildings are of exceptional significance for their design which incorporates elements of the International Style. The tower building is also a tour de force in its engineering. The buildings have come to symbolize the determination and abilities of the Cuban exile community. The buildings are also constructed at a pivotal time in the Bacardi Company's history as it becomes internationally known. The Bacardi Complex is perhaps the most popular of all of Miami's Modernist buildings. (City of Miami, 2009, p. 20) The Bacardi Buildings are currently in the process of being nominated to the National Register of Historic Places. 25 Submit 2d into the publi record o�°r ite%; s) on , It6 / ()4 . City Clerk Miami Marine Stadium Figure 19. Miami Marine Stadium. (Photo: National Trust for Historic Preservation, savingplaces.org) Miami Marine Stadium was listed on the Miami Register of Historic Places in 2008. It was constructed in 1963 on Biscayne Bay. The architect was Hilario Candela, under the firm Pancoast, Ferendino, Skeels and Burnham Architects. The Statement of Significance from the Designation Report for the Stadium reads: The Commodore Ralph Middleton Munroe Miami Marine Stadium is a unique cultural resource of South Florida and maybe the singular and distinctive example of a civic mid-century modern marine structure for the state of Florida and the nation. The grandstand structure is 326 feet long east to west and 126 feet north to south. Above the concrete grandstands (with seating for 6500) the roof consists of eight V-shaped thin shelled reinforced concrete elements shaped as folded planes with a 65 foot cantilever. The overall effect is a sculptural and structural tour -de - force of modern design. The stadium rises from the waters of an aquatic basin dredged from Biscayne Bay and configured as a boat race course, 6000 feet by 1400 feet in the shape of a circus maximus with the long axis parallel to the long east -west axis of the grandstand structure. 26 Submitted into the publi record or it-m(s) 7,, on __• City Clerk Rickenbacker Causeway and the Marine Stadium water basin are parallel to each other as well to the grandstand structure. The components of Marine Stadium — basin and grandstand — are inextricable parts of a designed landscape focusing on panoramic views of downtown Miami's skyline across Biscayne Bay. (Hernandez, 2008, p. 5) The structure was found to be significant under: Criteria 111 Exemplifies the historical, cultural, political, economical or social trends of the community: Criteria IV Portray the environment in an era of history characterized by one or more distinctive architectural styles Criteria V Embody those distinguishing characteristics of an architectural style or period or method of construction Criteria VI Is an outstanding work of a prominent designer or builder Criteria VII Contains elements of design, detail, materials or craftsmanship of outstanding quality or which represent significant innovation or adaptation to the South Florida environment. It appears that this designation was completed prior to the implementation of the 50-Year principle in the City's Historic Preservation Ordinance, but since the Stadium was under 50 years of age, the author of the Designation Report addressed the subject of "exceptional importance": The Marine Stadium is five years shy of the fifty year line. "Our understanding" of its history and its significance is well consolidated in the historic context of our region. It is exceptional example of mid-century design at the local, state, national and even international levels. It has received scholarly attention, being included in Randall C. Robinson's and Eric Nash's book MiMo: Miami Modern Revealed, and a forthcoming book by Alan Shulman with a chapter on the Marine Stadium by Jean -Francois Lejeune. It represents "an international style of architecture . . . related to numerous political and social events and individuals" (N.R. Bulletin). 27 Submitted into the publ record for itc .(s) City Clerk It has received recognition by the professional community and in the last six months, the effort for its preservation and designation has captured the passion and support of a groundswell of individuals and community organization, including the support of local, state, national and international preservation institutions and the local as well as national media. (Hernandez, 2008, pp. 12-13) Miami Marine Stadium is currently in the process of being nominated to the National Register of Historic Places. Other Buildings Four other buildings have been listed in the Miami Register of Historic Places when they were less than 50 years of age. The Coconut Grove Library, constructed in 1963, was listed in 2009 at the age of 46. This example was not cited in the Babylon Designation Report. The other three buildings were added to the Register in the 1980s, long before the 50-Year principle was implemented in the City's Historic Preservation Ordinance. These buildings are Ebenezer Methodist Church (constructed 1948, listed 1988), Gulf Gas Station (constructed 1938, listed 1983), and St. John Baptist Church (constructed 1940, listed 1988). 28 Submitted into the public record for 1 1-11(s) 'Z� \3 on \/7,5/ 1 City Clerk NATIONAL REGISTER OF HISTORIC PLACES Buildings of "Exceptional Importance" The National Register Criterion G requires that properties be of "exceptional Importance" to be listed if they have achieved significance in the past 50 years. • The National Register contains 72,860 individually -listed buildings (not part of a district). • A total of 1,754 were listed under Criterion G, which requires demonstration of "exceptional importance". • Only 2.4 % of the total number of individual buildings achieved significance in less than 50 years. Clearly, the criteria of "exceptionally important" is a high bar, and very few buildings qualify to be listed under Criterion G. Buildings Constructed in the 1980s Research in the National Register database yielded only two buildings constructed in the 1980s that have been listed: ■ Thorncrown Chapel, Eureka Springs, Arkansas ■ Portland Building, Portland, Oregon 29 Submitted into the publ'c record gr �ite� (s) ` ? (,, on S . City Clerk Thorncrown Chapel Eureka Springs, Arkansas Figure 20. Thorncrown Chapel. (Photo: © Randall Connaughton, thorncrown.com) Thorncrown Chapel was constructed in 1980. The architect was E. Fay Jones, a prominent southern architect who interned with Frank Lloyd Wright. The building was listed on the National Register of Historic Places in 2000, only 20 years after construction. Additionally, the building has won numerous awards including the AIA National Honor Award, 1981, the AIA Gold Medal, 1990, and the AIA Twenty -Five Year Award, 2006. It is listed as #4 on the AIA list of Top Ten Buildings of the 20th Century. 30 Submitted into the public record fpr ite�n(� ) on 1 / ti / I XCity Clerk Portland Building Portland, Oregon Figure 21. Portland Building. (Photo: Camknows, 11/29/2009, (cc by-nc-sa 2.0), flickr.com/photos/camknows) The Portland Building was constructed in 1982 and was listed in the National Register of Historic Places in 2011. The architect was Michael Graves. This building ushered in the new style of Post -Modern Classicism. It was listed at least than 50 years of age because it is "exceptionally important as one of the first large-scale manifestations of a new architectural style coming on the heels of the Modern movement." (Minor & Johnson, 2011, p. 8) The building was the recipient of an AIA Honor Award in 1983. 31 Submitted into the pule record f r itc n(s) on V 4) I City Clerk Buildings Constructed Prior to the 1980s Approximately 1750 buildings constructed prior to the 1980s have been listed in the National Register of Historic Places under Criterion G, having achieved significance less than 50 years prior to listing. A few examples of these buildings are: • Miami Biltmore, Coral Gables, Florida • Kennedy Space Center Headquarters Building, Titusville, Florida • Kennedy Space Center Launch Control, Titusville, Florida • Fallingwater, Mill Run, Pennsylvania • TWA Flight Center, John F. Kennedy Airport, New York City • Chrysler Building, New York City • Lever House, New York City • Dulles International Airport, Washington D.C. (determined eligible) 32 Miami Biltmore Coral Gables, Florida Figure 22. Miami Biltmore Hotel. (Photo: Ebyabe, 3/19/2011, (cc by -SA 3.0), en.wikipedia.org) The Biltmore was constructed as a luxury hotel to serve wealthy Northerners that were thronging to Florida in the 1920s. The architects were Schultze and Weaver. It was constructed in 1925 and opened in January, 1926. The Biltmore was listed on the National Register of Historic Places in 1972, at the age of 47 years. This building is has also been listed as a National Historic Landmark. 33 S i into . ; pubFc record rtqr�e) on // City Cle Kennedy Space Center Headquarters Building Titusville, Florida Figure 23. Kennedy Space Center Headquarters Building. (Photo: Florida Division of Historical Resources) The Headquarters Building for the Kennedy Space Center was constructed in 1965. It housed the offices of the top officials at the Space Center and was the site where all major decisions were made. It is significant at the national level for its association with the Apollo space program. The nomination states, "It remains an icon of the space program with a direct link to the major decisions and events of the Apollo era." (Delahaye & Hinder, National Register Nomination, Headquarters Building, John F. Kennedy Space Center, 2000) The Headquarters Building was listed in the National Register of Historic Places in 2000, at the age of 35 years. 34 O'1 Kennedy Space Center Launch Control Center Titusville, Florida Submitted into the public iccord for its /n!s) ?Z.1 yj 111,c //`` . City Clerk Figure 24. Kennedy Space Center Launch Control Center, Launch Complex 39. (Photo: Library of Congress) The Launch Control Center at the Kennedy Space Center was constructed in 1965. It is significant at the national level for its association with the Space Program. It was used as the control center for the pre -launch and launch operations of the Saturn V and Saturn 1B vehicles, and was therefore vital to the success of the Apollo Program. The building served a similar function during the years of the Space Shuttle Program. The National Register Nomination describes it as "an intact resource still serving as the 'brain' of Launch Complex 39." (Delahaye & Hinder, National Register Nomination, Launch Control Center, John F. Kennedy Space Center, 2000) The Launch Control Center was listed in the National Register of Historic Places in 2000 at the age of 35 years. 35 Submitted into the publi record fpr ite (s)�— on l J1j3 / . City Clerk Fallingwater Mill Run, Pennsylvania Figure 25. Fallingwater (Photo: Daderot, 10/24/2013, Public Domain) This Frank Lloyd Wright masterpiece was built over a flowing stream in rural southwestern Pennsylvania in 1936. It was listed in the National Register of Historic Places in 1974, at the age of 36 years. The house was designated a National Historic Landmark in 1966. It was named the "best all-time work of American architecture" by the AIA in 1991. 36 itted into the public or d tpr ite%;(s) R �3 t5/ I City Clerk TWA Flight Center, John F. Kennedy Airport New York City Figure 26. TWA Flight Center, JFK Airport (Photo: Roland Arhelger, 2010, (cc by -SA 4.0), en.wikipedia.org) The TWA Flight Center was the original terminal for Trans World Airlines at JFK Airport in New York City. Designed by famed modernist Eero Saarinen, it opened in 1962. It was listed in the National Register of Historic Places in 2005 at the age of 43 years. The Terminal was designated a New York City Landmark in 1994. The building is being converted into a hotel, which is scheduled to open in 2018. 37 Submitted into the public., record tpr it (s) T L t'5 on 1/15/1 City Clerk Chrysler Building New York City Figure 27. Chrysler Building (Photo: Leena Heitanen, 3/2005, (cc by -SA 4.0), en.wikipedia.org) The Art Deco style Chrysler Building was constructed 1928-29 and opened in 1930. It was the world's tallest building for 11 months, until it was surpassed by the Empire State Building. The architect was William Van Alen. The building, which features automotive motifs, served as the headquarters for the Chrysler Corporation from 1930 until the mid-1950s. It was added to the National Register of Historic Places in 1976 at the age of 46 years and was designated a National Historic Landmark in the same year. It was designated a New York City Landmark in 1978. Although the design was initially given mixed reviews, it is now seen as a perfect example of the Art Deco style. 38 Lever House New York City ibmit :ord rp1r ite ts pub1ig Z/ 12 ) City Clerk -L + , ,,t i N. r "' F- 0.111 1"1��r` - _ _ Figure 28. Level House (Photo: Beyond My Ken, 8/4/2012, (cc by -SA 4.0), en.wikipedia.org) The International Style Lever House, completed in 1952, was constructed as the American headquarters of Lever Brothers Corporation. It was designed by Gordon Bunshaft and Natalie de Blois of Skidmore, Owings and Merrill. The building was based on the design principles of modernist Ludwig Mies van der Rohe. It was the second glass curtain wall skyscraper in the New York City. It was added to the National Register of Historic Places in 1983 (31 years) and was designated at New York City Landmark in 1982. 39 Submi ed into the pub, re'otu it >) City Clerk Dulles International Airport Washington D.C. Figure 29. Dulles Airport Main Terminal (Photo Joe Ravi, 8/302011, (cc by -SA 3.0), en.wikipedia.org) The Main Terminal at Dulles International Airport was opened in 1962. It was designed in 1958 by Eero Saarinen, who also designed the TWA Flight Center, the Gateway Arch in St. Louis, the General Motors Technical Center (in collaboration with his father) and several buildings at major colleges and universities, such as Yale, MIT, and the University of Chicago. Saarinen passed away in 1961, at the young age of 51, before construction was completed on several of his major works. In 1978, only 15 years after opening, the Dulles terminal building was determined to be eligible for listing in the National Register. "Dulles Airport was immediately recognized as one of the most important post -World War II American architectural masterpieces and one of the most innovative airport designs. A 1976 American Institute of Architects' poll selected the building as the third most significant building in the Nation's first 200 years, The building has been widely recognized in professional publications as exceptionally important in the history of American architecture." (Sherfy & Luce, 1998) 40 Submitted into the publi -.�'cordror it^m(s) Z, 13 \/ Z S _ City Clerk ANALYSIS OF EXCEPTIONAL IMPORTANCE IN RELATION TO THE BABYLON Historic Context Arquitectonica • Babylon is not listed in the Portfolio on its website • Palace, Atlantis, and Imperial (as well as The Pink House) are included in the Portfolio • Babylon is not featured in any company brochures • Founders declined to comment on the potential demolition of the building Clearly, the firm itself does not feel that this building is important, let alone of "exceptional importance." Press Coverage • Little press coverage, even near the time of completion • Often, Babylon only mentioned in passing • Other contemporaneous Arquitectonica buildings (Palace, Atlantis and Imperial), as well as The Pink House (1978) in Miami Shores, got much more attention • Very little attention today, other than news of potential demolition When viewed through the lens of historical perspective, well short of the 50- year mark, it is clear that the Babylon is not "exceptionally important." Award Winning • Babylon was recipient of one unbuilt design award • Award was the lowest level given — comparable to an "honorable mention" • One juror was particularly critical of the design, called it "ugly" • Babylon has won NO built awards from any publication, professional organization, governmental agency, or historical society Design awards do not convey significance on the constructed building, predict how it will fare once constructed, or make the building "exceptionally important." 41 Submitted into the public1 record fpr it m(s) on \ I ZS�) S . City Clerk Design versus Actual Construction ■ Massing is completely different — one building instead of two • Half as many facades ■ Window arrangements differ • Pool on roof rather than on 2nd Level The built design was very different from the design that won the award, which further negates the importance of the Progressive Architecture award. Site Zoning Constraints • Every urban or suburban building is subject to zoning regulations • Dealing with regulatory requirements is a basic component of the design process and is a fundamental responsibility of an architect The claim that adherence to zoning regulations contributes to the building's "exceptional importance" is total nonsense. Babylon — The Early Years • Babylon condominiums did not sell • Appears to have been seen as "not livable" ■ Owners requested a zoning change to allow for office use • Converted to rental apartments Although the "paper architecture" design may have been appreciated by the architectural community, the marketplace clearly did not respond to the building in a positive way. Lack of public appreciation does not imply "exceptional importance." Comparison with Similar Buildings Palace • First use of thin slab tower • First waterfront townhomes in base of building • These "firsts" became common in later buildings 42 Snbmittcd into the pubrc 2 jd fpr itepi(s) Z.13 /t5 / I City Clerk Atlantis • Immediately captured the attention of a wide audience • Audacious use of form and color • Featured in the opening credits of Miami Vice - international exposure • Test of Time award, which recognizes significance with historical perspective Imperial • Featured many characteristics of an Arquitectonica building • Mentioned as one of the Arquitectonica's signature early buildings Babylon • Overshadowed by the other buildings, even in the early 1980s • Did not "introduce" Arquitectonica to the public, as other buildings were already under construction or completed Compared with the contemporaneous Arquitectonica buildings in the Brickell area, the Babylon is not "exceptionally important." Staff Report and Recommendation The April 5, 2016 Staff Report and Recommendation states: ...when it is compared to other Arquitectonica buildings that were built around the same time, staff finds that it is challenging to distinguish it as exceptional. (City of Miami Planning Department, 2016) The report continues: Additionally, the fact that Brickell is home to so many early and contemporaneous Arquitectonica buildings makes it all the more challenging to call one out as exceptional over the others. This is especially true when so much attention was being paid to the projects as a set. (City of Miami Planning Department, 2016) 43 Submitted into the public record record f pr itep(s) City Clerk Under "Staff Recommendation", the report states: ...the building cannot be found to be more exceptionally significant within its context than the other contemporaneous work of Arquitectonica in Brickell. (City of Miami Planning Department, 2016) The Staff Report and Recommendation did not find the Babylon to be "exceptionally important." Not only is the Babylon not "exceptionally important", it Tess significant that the contemporaneous Arquitectonica buildings in the Brickell area. 44 Submitted into the public record LAC it'177i:;) St. I3 on M5 I City Clerk INTEGRITY OF THE ORDINANCE Using the Miami Historic Preservation Ordinance to protect a building that is threatened with demolition is inappropriate, unless the building clearly meets the criteria exception specified in the law. The designation of unqualified buildings: • Compromises and weakens the designation process • Denigrates the importance of truly historic properties that merit listing in the Miami Register of Historic Places • Is contrary to the purpose of the Ordinance, which is to: • preserve and protect the heritage of the city through the identification, evaluation, rehabilitation, adaptive use, restoration, and public awareness of Miami's historic, architectural, and archaeological resources. The integrity of the Historic Preservation Ordinance must be maintained. Otherwise, it will continue to be misused, which will debase the entire process and devalue the truly worthy properties that are listed, or deserve to be listed, in the Miami Register of Historic Places. 45 Submitted into the public`1 �_`�_ record f r it"r,� s) r 3� on �tt � City Clerk 1 CONCLUSION According to Miami's Historic Preservation Ordinance, the Babylon must be "exceptionally important" to qualify for listing in the Miami Register of Historic Places. • The lack of reference to the Babylon on Arquitectonica's website or brochures indicates that the firm does not feel that this building is important, let alone of "exceptional importance." • One unbuilt design award, especially when the constructed building varied so much from the design, does not convey significance on the constructed building, predict how it will fare once constructed, or make the building "exceptionally important." • Adherence to zoning regulations does not convey "exceptional importance." • Lack of public appreciation does not imply "exceptional importance." • Compared with the contemporaneous Arquitectonica buildings in the Brickell area, the Babylon is not "exceptionally important." • The April 5, 2016 Staff Report and Recommendations could not conclude that the Babylon is "exceptionally important." • When viewed through the lens of historical perspective, well short of the 50-year mark, it is clear that the Babylon is not "exceptionally important." In accordance with the provisions of the Historic Preservation Ordinance, the Babylon does not meet the criteria for local designation as a historic site in the City of Miami. The Historic and Environmental Review Board erred in approving this designation. The designation of the Babylon as a historic site in the City of Miami should be overturned. 46 Submitted into the public City Clerk BIBLIOGRAPHY Architecture - Portfolio. (n.d.). Retrieved from Arquitectonica: http://arquitectonica.com/portfolio/ Arquitectonica. (1978, January). Progressive Architecture, p. 83. Arquitectonica. (1980, January). Progressive Architecture, p. 109. Chrysler Building. (n.d.). Retrieved from Wikipedia: https://en.wikipedia.org/wiki/Chrysler_Building City of Miami. (2009). Historic Designation Report for The Bacadi Buildings. City of Miami Code of Ordinances, Chapter 23. (n.d.). City of Miami Planning Department. (2016). Staff Report and Recommendation - The Babylon. City of Miami Preservation Officer. (2016). The Babylon Final Designation Report. Delahaye, D., & Hinder, K. (2000). National Register Nomination, Headquarters Building, John F. Kennedy Space Center. Delahaye, D., & Hinder, K. (2000). National Register Nomination, Launch Control Center, John F. Kennedy Space Center. Doubilet, S. (1982, July). Peeping into Pandora's Box. Progressive Architecture, pp. 82- 87. Dulles International Airport. (n.d.). Retrieved from Wikipedia: https://en.wikipedia.org/wiki/Washington_Dulles_International_Airport Dunlop, B. (2004). Arquitectonica. New York: Rizzoli International Publications, Inc. Fallingwater. (n.d.). Retrieved from Wikipedia: https://en.wikipedia.org/wiki/Fallingwater Hernandez, J. (2008). Designation Report for the Commodore Ralph Middleton Monroe Miami Marina Stadium. Lever House. (n.d.). Retrieved from Wikipedia: https://en.wikipedia.org/wiki/Lever_House Merkel, J. (n.d.). Arquitectonica Then (1981) - Reprint of 1981 article from the Miami News entitled "The Architecture of the Future". Retrieved from Inspicio: http://inspicio.fiu.edu/profiles/arquitectonica-then-1981/ Metropolitan Dade County v. P.J. Birds, Inc., 654 So.2d 170 (District Court of Appeal of Florida, Third District May 5, 1995). Miami Biltmore Hotel. (n.d.). Retrieved from Wikipedia: https://en.wikipedia.org/wiki/Miami_Biltmore_Hotel 47 Submitted into the public re ord�/ fpr i e1i(slon L— VISCity Clerk Minor, K., & Johnson, P. B. (2011). National Register Nomination for the Portland Service Building (aka Portland Building). National Park Service. (n.d.). Database/Research. Retrieved from National Register of Historic Places: https://www.nps.gov/nr/research/ Rodriguez, S. (n.d.). Declaration of Restrictions, memo to Howard V. Gary, City Manager, 12/8/83 as cited in Designation Report. Schulman, A. T., Robinson, R. C., & Donnelly, J. F. (2010). Miami Architecture: an AIA Guide Featuring Downtown, the Beaches and Coconut Grove. Gainesville, Florida: University Press of Florida. Sennott, R. S. (2004). Encyclopedia of 20th Century Architecture. New York: Fitzroy Dearborn. Sherfy, M., & Luce, W. R. (1998). Guidelines for Evaluating and Nominating Properties that Have Achieved Significance Within the Past Fifty Years - Bulletin #22. Retrieved from National Register Publications: https://www.nps.gov/nr/publications/bulletins/nrb22/index.htm Sites and Districts. (n.d.). Retrieved from City of Miami: Historic Preservation: http://www.historicpreservationmiami.com/sitesdistricts.html Staff of the National Register of Historic Places. (2002). How to Apply the National Register Criteria for Evaluation - Bulletin #15. Retrieved from National Register Publication: https://www.nps.gov/nr/publications/bulletins/nrb15/ Stephens, S. (1980, August). Endless Wave? Progressive Architecture. (n.d.). Transcript from the City of Miami Zoning Board's July 11, 1983 meeting; Items 4 & 5, cited in Babylon Designation Report. TWA Flight Center. (n.d.). Retrieved from Wikipedia: https://en.wikipedia.org/wiki/TWA_Flight_Center Viglucci, A. (2016, March 6). Miami's landmark Babylon Apartments, first Arquitectonica building, faces demolition. Retrieved from Miami Herald: http://www.miamiherald.com/news/local/community/miami- dade/article64124462.html Viladas, P. (1983, February). Rich and Famous. Progressive Architecture, pp. 99-107. 48 APPENDIX A ■ Heritage Architectural Associates • CV — Steven Avdakov, R.A., NCARB • Projects Involving Resources of the Recent Past ■ REG Architects • CV — Rick Gonzalez, AIA • Historic Project Experience Submitted into the public cc,d f r it n(s) irL.1 J City Clerk 49 STEVEN AVDAKOV, R.A., NCARB Principal, Heritage Architectural Associates 4770 Afton Road, Miami Beach, FL 33140 2307 Chapline Street, Wheeling, WV 26003 savdakov@heritagearchitectural.com p.305.761.3642 p.681.207.9975 • ,zSU551..1 11�s1�� EDUCATION: 1994: Master of Science in Historic Preservation, Columbia University, New York, NY 1989: Bachelor of Architecture, University of Miami, Coral Gables, FL PROFESSIONAL REGISTRATION: Florida, AR0015613 Michigan, 1301049985 Ohio, A-03-13277 Pennsylvania, RA403346 West Virginia, 3056 National Council of Architectural Registration Board, (NCARB), certificate number 48641 PROFESSIONAL EXPERIENCE: Meets federal professional qualifications for Historic Architecture consultants 1998 to present: 1993, 1994-1997 1991-1992 1990-1991 1989-1990 1987, 1988, 1989 1986 117,• SC i2,1� City Clerk Principal, Heritage Architectural Associates, Wheeling, WV/ Miami Beach FL Associate Vice President, RJ Heisenbottle Architects, Coral Gables, FL Intern Architect, DRS/Hundley Kling Gmitter, Pittsburgh, PA Intern Architect, Robert D. Graham, Architect, Sewickley, PA Senior Designer, CYP of Florida Architects, Ft. Lauderdale, FL Designer, Cuhaci and Peterson Architects, Orlando, FL Designer, Shaeffer and Madama Architects, Wheeling, WV AFFILIATIONS: Association for Preservation Technology Columbia Preservation Alumni, Inc. Preservation Alliance of West Virginia Heritage Ohio, Inc. National Trust for Historic Preservation, Forum Member Partners for Sacred Places Florida Trust for Historic Preservation ACADEMIC AWARDS: Columbia University: Ouesters Scholarship University of Miami: Henry King Stanford Scholarship SELECTED AWARDS: One Bistro Restaurant/ Xenia, OH 2016 Ohio Conference of Community Development Presidents Award for Innovative Practices Historic Hampton House Restoration and Adaptive Reuse/ Miami, FL 2017 Florida Trust for Historic Preservation Outstanding Achievement Award, Adaptive Use 2016 AIA Miami Chapter MeritA ward for Reno vat/�n/Restorat/017 2016 AIA Florida Chapter Merit Award ofExcellence forHistoric Preservation/Restoration 2016 Dade Heritage Trust Preservation Award Villa Providence / Hallandale Beach, FL 201 1 Florida Trust for Historic Preservation Outstanding Achievement Award, Adaptive Use 2011 Broward County Historical Commission Stuart` McIver Award Steven A vdakov 2 Submitted into the public record or it m(s) �2 \� on \ City Clerk Henrietta Baum Building / Wheeling, WV, 2006 Friends of Wheeling Outstanding Restoration Award Egerter Building / Wheeling, WV 1999 Friends of Wheeling Outstanding Restoration Award Wheeling Coffee and Spice / Wheeling, WV 1999 Friends of Wheeling Outstanding Restoration Award SELECTED LECTURES / PRESENTATIONS: Historic Structures Reports Heritage Ohio Annual Conference, Cincinnati, Ohio / October 2016 Downtown Revitalization: Making it Happen London, Ohio / September 2014 Preservation Analysis of the Ward L. Lambert Field House and Gymnasium Purdue University/ November 2012 Epworth Park' An Overview ofa Historic Chautauqua Community The Ohio Questers 2012 State Convention, Bethesda, Ohio / October 2012 Archimedes and the Farmstead Leveraging Resources and Historic Preservation, Panel Discussion Preservation Alliance of West Virginia Conference, Charles Town, West Virginia / September 2012 Downtown Redevelopment Strategies Workshop Xenia Downtown Revitalization Committee, Xenia, Ohio / June 2012 Ohio Modern: Preserving Our Recent Past Miami Valley Planning Conference, Dayton, Ohio / December 2015 Webinar, Heritage Ohio, Columbus, Ohio / December 2011 National Preservation Conference, Buffalo, New York / October 201 1 The Ohio Historical Society, Dayton, Ohio / February 2011 The Ohio Historical Society, Columbus, Ohio / September 2010 The impact of Hurricane Katrina upon the Historic Architecture of New Orleans Mount Pleasant Historical Society, Mount Pleasant, Ohio / October 2008 Bethany College, Bethany, West Virginia / January 2008 Olney Friends School, Barnesville, Ohio / May 2006 The Historic National Road in Belmont County, Ohio The Ohio Questers 2005 State Convention, St. Clairsville, Ohio / October 2005 Main Street 101. Design Building Connections: Ohio's Conference on History, Preservation, and Revitalization, Columbus, Ohio / November 2003 Revitalization Opportunities in Downtown Barnesville Barnesville Rotary, Barnesville, Ohio / October 2003 Main Street Basic Training: Design Downtown Ohio, Inc., Columbus, Ohio / February 2002 Steven A vdako v 3 Submitted into tire pu record fnr i1ci (s on Main Street Design Workshop Downtown Ohio, Inc., Cambridge, Ohio / November 2001 The Economic Impact of Historic Theatres Uptown Merchants Association, Moundsville, West Virginia / September 2001 Revitalization Opportunities in Downtown Cadiz Cadiz Business Association, Cadiz, Ohio / August 2001 SELECTED PROFESSIONAL SERVICE: Hurricane Assessment Team, National Trust For Historic Preservation New Orleans, LA / December 2005 SELECTED ACADEMIC SERVICE: Design Juror — 1996, 1997, 2000, 2001, 2002 University of Miami School of Architecture City Clerk EXPERT WITNESS SERVICE: Midtown Delay, Application for Certificate of Appropriateness, Relocations/Demolitions, Old School Square Historic District, Delray Beach Historic Preservation Board / December 2018 Harbour BayCondominium, Appeal of Designation as a Local Historic Site Miami -Dade County Commission, Miami, Florida / June 2017 Coconut Grove P/ayhouse, Revision of Existing Designation of a Local Historic Site Miami Historic and Environmental Preservation Board, Miami, Florida / April 2017 St Jude Me/kite Catholic Church, Designation as a Local Historic Site Miami City Commission, Miami, Florida / February 2016 Miami Herald Building, Designation as a Local Historic Site Miami Historic and Environmental Preservation Board, Miami, Florida / December 2012 Submitted ' ito the publ' record fpr itcn1(s) VZ, 13 on \ I Z.5 I X . City Clerk HERITAGE ARCHITECTURAL ASSOCIATES Projects Involving Resources of the Recent Past Harbour Bay Condominium Bay Harbor Islands, Florida Local Historic Designation and Appeal 2016 Historic Hampton House Miami, Florida Historic Preservation Consultant - Adaptive Reuse 2007-2015 Parrot Jungle Historic District Pinecrest, Florida National Register Nomination 2010 Mai -Kai Restaurant Oakland Park, Florida National Register Nomination 2014 Ohio Modern: Preserving Our Recent Past Dayton Area Survey Survey of 500 mid-20t century properties, including evaluation guide to be used statewide 2009-2010 Rick Gonzalez, AIA President Professional Experience Rick Gonzalez, AIA has over 30 years of experience in the architectural profession. Rick received two architectural degrees from the Catholic University of America in Washington, D.C., with additional course work completed at Miami -Dade College, Francisco Marroquin University in Guatemala City and the Autonomous University of Central America in San Jose, Costa Rica. Mr. Gonzalez is a member of the American Institute of Architects and was appointed to the Florida Historical Commission (FHC) by Governor Charlie Crist in 2008 (Vice -Chair 2011-2015) and to Florida Board of Architecture and Interior Design (BOAID) by Governor Bush for two terms 2000-2007 (Chairman 2005 & 2006). Mr. Gonzalez is an award - winning architect, whose design standards have been used as examples for Palm Beach County's Architectural Guidelines, Florida CNU Guidebook & ULI Land Development Handbook. Historic Preservation, Adaptive Reuse • Old Boynton Beach High School, Boynton Beach, FL • Historic Lake Worth Beach Casino, Lake Worth, FL • Palm Beach County Cultural Council Headquarters, Lake Worth, FL • Old 1916 Palm Beach County Court House Restoration, West Palm Beach, FL • Mar-A-Lago Private Club, Palm Beach, FL • The Harriet Himmel Theatre at CityPlace, West Palm Beach, FL • St. Ann's Campus Renovation, West Palm Beach, FL • Harris Music Lofts, Downtown West Palm Beach, FL • Old Ft. Pierce Post Office, Ft. Pierce, FL • Old St. Anastasia School, Ft. Pierce, FL • Historic Ruth Jones Cottage/"Little House" Restaurant, Boynton Beach, FL • Sperry Boathouse, Jupiter, FL • Old Belle Glade City Hall, Belle Glade, FL • Sunset Lounge, West Palin Beach, FL • Lincoln Theatre, Ft. Pierce, FL • Children's Museum, Boynton Beach, FL • Dubois Pioneer House, Jupiter, FL • St. Ann's Church & Parish, West Palm Beach, FL • Lunt Cottage, Palm Beach, FL Mixed Use/Urban & Master Planning • Town Architect for Abacoa POA, Jupiter & Ballenlsles, Palm Beach Gardens, FL • Juno Pointe, Juno Beach, FL • Testa's, Palm Beach, FL. • Blue Harbor, Ft. Pierce, FL • Landmark Town Center @ Doral, FL • Vista del Lago Town Center, Cutler Bay, FL • Melody Place, Downtown Ft. Pierce, Ft. Pierce, FL • Transit Village, West Palm Beach, FL • Lake Okeechobee/Palm Beach County LORE Design Guidelines • Delray Beach CRA, 9th Avenue Redevelopment, Delray Beach, FL • Virginia Key Master Plan, Virginia Key, FL • Northwood Facades Study, West Palm Beach, FL • Historic Delray Design Guidelines, Delray Beach, FL • DDA Downtown Facades, West Palm Beach, FL • Yesteryear Village at the South Florida Fair Master Plan, West Palm Beach, FL • Pahokee Main Street, Pahokee, FL :overnment, Municipal Facilities • Boynton Beach Amphitheatre, Boynton Beach FL • Wellington Amphitheatre, Wellington, FL • West Palm Beach Fire Station #5 & EOC, West Palm Beach, FL • Ocean Cay Park, Jupiter, FL REG Registrations State of Florida- 1992 NCARB- 1992 Education The Catholic University of America, Washington, D.C. Bachelor of Science in Architecture - 1984 Bachelor of Architecture - 1985 Miami -Dade College, Miami, FL Associate of Arts Degree - 1982 Francisco Marroquin University, Guatemala City, Guatemala, Architectural Studies - 1980 Autonomous University of Central America, San Jose, Costa Rica, Architectural Studies - 1979 Awards 2015 • AIA Palm Beach Chapter Excellence Award, Palm Beach Towers • Florida Trust Award (FTHP) Gulfstream Goodwill Preservation Award 2013 • Florida Trust for Historic Preservation Award for Cultural Council of Palm Beach County • AIA Palm Beach Chapter Excellence Award for Historic Cultural Council of Palm Beach County • AIA Palm Beach Chapter Merit Award for Private Equestrian Facility • Florida Community Redevelopment Award for Outstanding Reuse for "Little House" Restaurant 2009 • AIA Palm Beach Firm of the Year Award • AIA Palm Beach Chapter Recognition Award for Corporate Place at Tradition • Silver National Excellence Award for the Palm Beach County SWA Transfer Station at I-95 and Lantana Rd. 2008 • Florida Trust Award (FTHP) & AIA Palm Beach Historic Restoration Excellence Award for the 1916 Palm Beach County Historic Court House, West Palm Beach, FL • AGC's "Build Florida Award" for $4m and above category for the 1916 Palm Beach County Court House, West Palm Beach, FL • DBA's Historic Preservation Test of Time Award for Donald Trump's Mar-A-Lago Club 1995-2005 in Palm Beach, FL • ABC's Design Award for Public Works under $5m; Northern Palm Beach County Improvement District Admin/EOC in Palm Beach Gardens, FL • PBC Hispanic Chamber's Business Leader of the Year 2007 • The Delray Beach Site Plan Review & Appearance Board (SPRAB) Award for Excellence in Design in the category of New Residential Development for "Old Palm Grove" Estate Homes & Apartments 2006 • AIA Palm Beach Community Service Award • SE Construction News Best Municipal Sebastian City Hall & Police Station EST. 1988 Submitted into the publ. record fpr itepi(s) on Rick Gonzalez, AIA (Continued) • Miami Beach Parks Bond Improvement, Miami Beach, FL • St. Lucie County Administration Annex, Port St. Lucie, FL • Marine Life Center of Juno Beach, FL • Isla Carroll Farm, Wellington, FL • Trump International Golf Club, West Palm Beach, FL • Wycliffe Communities Guardhouses, Wellington, FL • Miami Beach Golf Clubhouse at Bayshore Drive, Miami Beach, FL • Children's Museum, Boynton Beach, FL • Westgate/Belvedere Pump Station, West Palm Beach, FL • Wellington 9/11 Memorial, Wellington, FL • Palm Beach County Solid Waste Transfer Facility, Lantana, FL • Lake Park Fire Station, Lake Park, FL • City of Sebastian City Hall and Police Station, Sebastian, FL • Northern Palm Beach EOC, Palm Beach Gardens, FL City Clerk Parks and Equestrian Facilities • Glenspur Equestrian Fann, Wellington FL • LaLechuza Caracas Equestrian & Polo Facility, Wellington, FL • Zacara Equestrian Farm, Wellington, FL • Sara Sims Park Master Plan, Boynton Beach, FL • Acreage Park South Master Plan, The Acreage, FL • Scott's Place Park & Patriot's Memorial Park, Wellington, FL • Pine Creek Hunting Club, Okeechobee, FL • Marco Island Amphitheatre & Veteran's Park Master Plan, Marco Island, FL Community Centers, Clubs & Hospitality • Morgan Hotel, West Palm Beach, FL • Northwood Community Center, West Palm Beach, FL • Lindsey Davis Community Center, Riviera Beach, FL • West Jupiter Community Center, Jupiter, FL • Palm Beach International Polo Club, Wellington, FL • Marriott Hotel & Spa, Singer Island, FL • Trump International Golf Club, West Palm Beach, FL Religious & Educational Institutions • Northwood University Master Plan, West Palm Beach, FL • Cardinal Newman High School, West Palm Beach, FL • St. Jude Catholic Church Multi -purpose Hall, Boca Raton, FL • Grace Episcopal Church, West Palm Beach, FL • Poinciana Day School MP, West Palm Beach, FL • Holy Cross Catholic Church, Indiantown, FL • All Saints Catholic School, Sports Facility, Jupiter, FL Office/Retail • Jon Smith Subs, Jupiter, FL • Baer's Furniture Stores, North Palm Beach, FL & Boca Raton, FL • Addison Place, Delray Beach, FL • Boysaw & Associates Law Office Building, West Palm Beach, FL • Corporate Place @ Tradition Office Campus, Port St. Lucie, FL • Bill Bone Professional Building, West Palm Beach, FL • Iberia Bank, West Palm Beach, FL • PNC Bank, Delray Beach, FL • Mirasol Town Center, Palm Beach Gardens, FL • Havana Restaurant, West Palm Beach, FL Multi Family & Single Family Residential • Big Cypress Townhomes, Big Cypress, FL • Paul Laurence Dunbar Senior Complex, West Palm Beach, FL • Peninsula Estate, Loxahatchee River, FL • West Palm Beach Infill Housing, West Palm Beach, FL • Pinnacle Palms Senior Housing, West Palm Beach, FL • Old Palm Grove, Delray Beach, FL • Tim Hernandez Residence, Ft. Lauderdale Golf Course Page I2 REG 2005 • Excalibur Award - Small Business Sun Sentinel Paper 2004 • AIA Palm Beach Award for Miami Beach, (Bayshore) Golf Clubhouse, Miami Beach, FL. 2003 • AIA Palm Beach — Honor Award for Design of the Harriet Himmel Theatre at CityPlace • The Delray Beach Site Plan Review and Appearance Board Award for Excellence in Design in the Category of New Commercial Development for Fidelity Federal Bank at 5th Avenue (SPRAB) 2001 • Florida Trust for Historic Preservation- Outstanding Achievement Award in the Field of Non -Residential Restoration/Rehabilitation for the Harriet Himmel Theatre at CityPlace 1998 • Outstanding Achievement Award in the Field of Restoration/ Rehabilitation for the Mar-A-Lago Conversion to a Private Club Affiliations Maryland Institute and College of Art (MICA) Board of Trustees 2011-2014 University of Florida, School of Architecture, Historic Preservation Dept. Board of Advisors & DSO St. Augustine, 2009 — Present FL Trust for Historic Preservation Board 2008 —Present Vice -President 2012- 2013, President 2013-2015 Florida Historical Commission (FHC) 2008 — Present Vice Chair 2011-Present W. Palm Bch. Cultural Affairs Committee 2008- 2013 Catholic University of America/School of Architecture Advisory Board, Washington, DC 2004 — 2014 State of Florida Department of Professional Regulation, Board of Architecture and Interior Design, Chair, 2005 — 2007, 2 terms 2000-2007 American Institute of Architects 1986 — Present Chamber of Commerce of the Palm Beaches, Trustee 2014-Present City of West Palm Beach Planning Board 1993-1999 Palm Beach County Cultural Council 2000-2008 Palm Beach County Committee for Public Art 2002-2008 Business Development Board of Palm Beach County 2003 - Present Publications/Articles Miami Herald/WLRN judge for "Best Urban Block" 2012 National Trust for Historic Preservation June 2009 Issue Article on 1916 Palm Beach County Courthouse Restoration in Preservation Magazine A Guide to New Urbanism in Florida Doral Town Center, Old Palm Grove, City Place, Downtown West Palm Beach "For the Good of the Community", The Prospector, Business Development Board Publication, Winter 2004 "Having a Ball", Real Estate Review, Daily Business Review, 2004 Place Making: Developing Town Center, Main Streets and Urban Villages Case Study: CityPlace. Urban Land Institute, 2002 "Downtown Walking Tours", Palm Beach Post, November 2002 "South Florida Today" WXEL - November 2003`; Through History", Sun Sentinel, November 2003 EST. 1988 Submitted into the public record or it -m(s) 9Z. 13 on City Clerk REG ARCHITECTS, INC. ARCHITECTURE * INTERIOR DESIGN * PLANNING Historic Project Experience Mar-a-lago Club Palm Beach, FL Historic Sperry Boat- house Reconstruction Jupiter, FL Historic Lake Worth Casino Reconstruction Lake Worth, FL Old Ft. Pierce Post Office Fort Pierce, FL Palm Beach County 1916 Court House West Palm Beach, FL Historic Boynton Beach High School Boynton Beach, FL Historic Ruth Jones Cottage Boynton Beach, FL The Harriet Himmel Theatre for Cultural & Performing Art West Palm Beach, FL Historic Belle Glade City Hall Belle Glade, FL Cultural Council of Palm Beach County Headquarter Lake Worth, FL Historic 1913 Boynton Beach Children's Museum Boynton Beach, FL Grand Ballroom, Spa Facility, Beach Club, Tennis Facility, Guest House, Helipad & Historic Clubhouse. Built over the Loxahatchee River and Intracoastal waterway an open observation deck, elevator tower (ADA access), ballroom, toilet room and three boat slips. Renovation/Rehabilitation of an existing oceanfront, 2- story, beach casino building, which included portions of an original Mediterranean Revival 1922 structure and a newer 1949 building in International Style. 1935 1-story, Art Deco design of the former Post Office adaptive community reuse. Historic restoration and adaptive reuse which included selective demolition to return the structure to it's original 1916 configuration. Feasibility and Conceptual Design Study which included community design charrette workshop and elevations of the building with a summary update of expected costs for basic renovation for community reuse. 1939 cottage relocated, reused, adapted and converted into the "Little House" Restaurant with new covered seating and service decks. Originally the First United Methodist Church built in 1926. Restoration, Historic Preservation and adaptive reuse conversion into performance hall, retail shops and restaurant. Restoration included renovation adaptive reuse with retail stores on the first floor and apartment units on the second floor. Historic Restoration, Adaptive Reuse and Interior Design of the 1936 building for use as offices and art gallery/ performance space. Provided historic preservation guidance, designs & docu- ments for custom windows, doors, floors and moldings selection, fabrication and replacement. 300 Clematis Street, 3rd F bar44 Palm Beach, FL 33401 Phone: (561) 659-2 83J ,,IFa:y: (561) 659-5546 www.regarchltects'c.d ,; l 0002447 EST. 1988 Mar-a-lago Club, Paim Beach Sperry Boathouse , Jupiter Lake Worth Beach Cs, Paim Beach County Court House t R i1' s it ttt, t 1 Harriet Himmel Theatre, WPB PBC Cultural Council, Lake Worth Submitted into the publ record f riicr` Z.13 BERCOW RADELL FERNANDEZ & LARKIN ZONING, LAND USE AND ENVIRONMENTAL LAW MEMORANDUM TO: Mayor and City Commission, City of Miami FROM: Jeffrey Bercow, Esq. Carli Koshal, Esq. Emily Balter, Esq. CC: Victoria Mendez, Esq. SUBJECT: Babylon Apartments' Compliance with Historic Preservation Designation Criteria Delineated in Chapter 23, Section 23-4(a) of the City of Miami Code of Ordinances DATE: January 23, 2018 The following memorandum provides a summary of the Babylon Apartments' compliance with the historic preservation criteria delineated in Chapter 23, Section 23- 4(a) of the City of Miami Code of Ordinances (the "Code").1 Section 23-4(a) of the Code specifies: Properties may be designated as historic resources... only if they have significance in the historical, cultural, archaeological, paleontological, aesthetic, or architectural heritage of the city, state, or nation; possess integrity of design, setting, materials, workmanship, feeling, and association; and meet one or more of the following criteria [Emphasis Addedl: (1) Are associated in a significant way with the life of a person important in the past; (2) Are the site of a historic event with significant effect upon the community, city, state, or nation; 1 While these criteria apply to all historic structures, structures that are less than 50 years old must satisfy additional criteria, including that of "exceptional importance." 1 Submitted into the pubic 'L'cord f r item(_;) Z. \3 City Clerk (3) Exemplify the historical, cultural, political, economical, or social trends of the community; (4) Portray the environment in an era of history characterized by one or more distinctive architectural styles; (5) Embody those distinguishing characteristics of an architectural style, or period, or method of construction; (6) Are an outstanding work of a prominent designer or builder; (7) (8) Contain elements of design, detail, materials, or craftsmanship of outstanding quality or which represent a significant innovation or adaptation to the South Florida environment; or Have yielded, or may be likely to yield, information important in prehistory or history. Analysis. We have analyzed each of the relevant criteria below. Section 23-4(a) "...significance in the historical, cultural, archaeological, paleontological, aesthetic, or architectural heritage of the city, state, or nation" Not Satisfied. Without question, the Babylon Apartments features a unique design. However, the significance of the building is questionable. The building was designed in the late 1970s and the conceptual design won the Progressive Architecture ("P/A") Citation Award in 1978. However, it's important to note that the "Citation" award level is the third, and lowest, tier of the P/A awards and is granted to numerous designs in any given year. Further, the building as actually constructed does not match the conceptual plans that won the P/A Citation. While the architecture is unique, the building itself has faced practical difficulties since its completion. The Babylon was completed in 1982 and almost immediately had difficulty attracting occupants. This is evidenced by the fact that in 1983 the then -owners sought a zone change to diversify the permissible uses of the structure to include office uses in effort to appeal to additional tenants. Architecture that is unique but not practically functional cannot have true significance, historical, aesthetic, or otherwise. 2 Submitted into the public rece,' Z._ I /Z5/1 & . City Clerk Section 23-4(a) "...possess integrity of design, setting, materials, workmanship, feeling, and association" [Emphasis Added12 Not satisfied. As previously mentioned, the Babylon does feature a unique design. However, the building has faced maintenance issues for a number of years. These issues include leaks, mold, and other issues that call into question the materials and workmanship that went into the building's construction. The structural report by PE Group Engineers, Inc. identifies the numerous defects the Babylon currently exhibits and lends further weight to this notion. While the feeling created by the exterior of the building may be one of modernity, the interior of the building does not create similar feelings. The internal deficiencies are underscored by the building's inability to retain tenants in a popular and desirable part of the City. Section 23-4(a)(1) Are associated in a significant way with the life of a person important in the past; Not applicable. Section 23-4(a)(2) Are the site of a historic event with significant effect upon the community, city, state, or nation; Not applicable. Section 23-4(a)(3) Exemplify the historical, cultural, political, economical, or social trends of the community;** Not satisfied. The Babylon does feature architecture that has come to be associated with the Miami of the early 1980s. The 1980s is not yet historic. Additionally, more than cultural, political, economic, or social trends, the Babylon is reflective of its odd parcel shape and its zoning. The Property was platted in 1914 as part of the Amended Plat of Point View, recorded in the Official Records of Miami -Dade County at Plat Book 2, Page 93. Further, the Babylon was designed under the 1960 Comprehensive Zoning Ordinance, which was in effect until 1982 (when the Babylon was completed). Section 23-4(a)(4) Portray the environment in an era of history characterized by one or more distinctive architectural styles; The 1980s is not yet historic. Section 23-4(a)(5) Embody those distinguishing characteristics of an architectural style, or period, or method of construction;** Z The first two criteria are not specifically addressed in the April 5, 2016 Staff Report. 3 Submitted into the public record for itim(s) I on 17 /I 8 . City Arguably satisfied. The Babylon does feature architecture that has come to be associated with the Miami of the early 1980s. Section 23-4(a)(6) Are an outstanding work of a prominent designer or builder;** Not satisfied. Arquitectonica is certainly a prominent designer, but the Babylon is not an outstanding work. As previously discussed, the conceptual design received the P/A Citation Award in 1978. However, the "Citation" award level is the lowest tier of the award and it is granted to numerous designs in any given year. Further, building as actually constructed does not match the conceptual plans that won the P/A Citation. For reference, "outstanding" works by Arquitectonica, in the same style and the same time frame as the Babylon, include the lauded Palace, completed in 1981; the Imperial, completed in 1983; and the Atlantis, also completed in 1982. The Palace features a red "staircase" extension, which is similar to the front facade of the Babylon, but on a much grander and more notable scale. The Atlantis was brought to national consciousness when it was featured in the opening credits of the 1980s television show "Miami Vice." The Atlantis, the Imperial, and the Palace have all received critical acclaim, and, even more telling, they are currently displayed on Arquitectonica's own website as featured examples of the firm's work. The Babylon is notably not present. Section 23-4(a)(7) Contain elements of design, detail, materials, or craftsmanship of outstanding quality or which represent a significant innovation or adaptation to the South Florida environment; or Not satisfied. The Babylon does not contain outstanding design (discussed in (6) above). The Babylon also does not contain outstanding quality, materials, or craftsman ship as evidence by its rapid deterioration and difficulty in retaining occupants (discussed above). Further, the materials used cannot be identified as particularly suited or adapted to the South Florida environment based on the number of issues the building faces, which others do not. Section 23-4(a)(8) Have yielded, or may be likely to yield, information important in prehistory or history. Not applicable. Conclusion. Section 23-4(a) contains two (2) overarching criteria and eight (8) sub - criteria. In order for a property to be designated historic, the first two criteria must be satisfied, and one or more of the eight sub -criteria must be satisfied. The Babylon does appear to satisfy at least one of the eight sub -criteria. However, the Babylon does not clearly satisfy the first two criteria of Section 23-4(a), related to significance and integrity. Accordingly, the Babylon does not clearly satisfy the historic designation criteria as delineated in Section 23-4(a). 4 IMP +o Submit cd into the public PZ, 13 (� City Clerk record kor itin s) o n L5 ** denotes a criteria identified as satisfied by the April 5, 2016 Staff Report. 5 Submitted into the pub',e record or j itc. n(,,\)L, , on Z4/ l SS . City Clerk Sec. 23-4. - Designation of historic resources, historic districts, and archaeological sites and zones. (a) Criteria for designation. Properties may be designated as historic resources, historic districts, or archaeological sites and zones only if they have significance in the historical, cultural, archaeological, paleontological, aesthetic, or architectural heritage of the city, state, or nation; possess integrity of design, setting, materials, workmanship, feeling, and association; and meet one or more of the following criteria: (1) Are associated in a significant way with the life of a person important in the past; (2) Are the site of a historic event with significant effect upon the community, city, state, or nation; (3) Exemplify the historical, cultural, political, economical, or social trends of the community; (4) Portray the environment in an era of history characterized by one or more distinctive architectural styles; (5) Embody those distinguishing characteristics of an architectural style, or period, or method of construction; (6) Are an outstanding work of a prominent designer or builder; (7) Contain elements of design, detail, materials, or craftsmanship of outstanding quality or which represent a significant innovation or adaptation to the South Florida environment; or (8) Have yielded, or may be likely to yield, information important in prehistory or history. (b) Criteria exceptions. Ordinarily cemeteries, birth places, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature and properties that have achieved significance within the past 50 years shall not be considered eligible for listing in the Miami register of historic places. However, such properties will qualify for designation if they are integral parts of districts that do meet the criteria, or if they fall within the following categories: (1) A building or structure that has been removed from its original location but is significant primarily for architectural value, or is the surviving structure most importantly associated with a historic person or event; (2) A birthplace or grave of a local historical figure of outstanding importance if no appropriate site or building exists directly associated with his or her productive life; (3) A cemetery that derives its primary significance from graves of persons of outstanding importance, from age, from distinctive design features, or from association with historic events; (4) A reconstructed building when accurately executed in a suitable environment and presented appropriately as part of a restoration master plan and no other building or structure with the same association has survived; (5) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; (6) A property achieving significance within the past 50 years if it is exceptionally important; or (7) A religious property deriving primary significance from architectural or artistic distinction or historical importance. (c) Procedures for designation. Properties which meet the criteria set forth in section 23-4 may be designated as historic resources, historic districts, and archaeological sites and zones according to the following procedures: (1) Proposals and preliminary evaluation. Proposals for designation may be made to the board by any one of its members, the mayor, the city manager, resolution of the planning, zoning and appeals board, resolution of the city commission, the property owner, resolution of the county _,1,1)r;littcd into tl: ru" -:cord f r itCT ,(: i __ ?7.4 1_3 1r?r ` (1;,t.. historic preservation board, resolution of any organization that has been a registered non-profit corporation in the state for at least five years with a recognized interest in historic preservation, or the preservation officer. In those instances when a historic district is being considered, the preservation office shall conduct outreach involving all relevant home owner associations and neighborhood associations, ultimately ascertaining their level of support by way of resolution or vote. Said level of support shall be taken into consideration by staff and members of the HEPB when evaluating any proposed historic district designation. The board shall conduct a preliminary evaluation of the data provided in the proposal for conformance with criteria set forth in subsection (a); and shall, if appropriate, direct the planning department to prepare a designation report. The board may require the party initiating such proposal to provide any necessary documentation, and to pay any applicable fees. a. Notification. At least ten days prior to the meeting at which the board will consider the preliminary evaluation, the owner of property or his designated agent or attorney, on file with the city, which is the subject of said proposal for designation shall be notified by certified mail of the board's intent to consider the preliminary evaluation of the property. Should the applicant be a person other than the property owner or designated agent or attorney on file with the city, the applicant shall be notified and the owner of record of the subject property shall be notified. For historic districts where there are more than fifty properties to be considered, for designation, the owners shall be notified by first class mail and by the published notice. b. Interim protection measures. From the date said notice of the preliminary evaluation is mailed, no building permit for any new construction, alteration, relocation, or demolition that may affect the property proposed for designation shall be issued until one of the following occurs: 1. The board finds that the property does not appear to meet the criteria for designation and votes not to direct the planning department to prepare a designation report in accordance with subsection (b)(1); 2. The board approves or denies the designation in accordance with subsection (b)(3), or 120 days have elapsed, whichever shall occur first, unless this time limit is waived on the record by mutual consent of the owner and the board; or 3. The owner applies for an accelerated certificate of appropriateness prior to final action on the designation by the board, and such certificate of appropriateness has been issued in accordance with the provisions of section 23-6.2. The preservation office shall place said application for a certificate of appropriateness on the next available agenda of the board. Any owner who carries out or causes to be carried out any work without the required certificate of appropriateness shall be subject to the provisions of subsection 23-6.2(f). (2) Preparation of designation report. For every proposed historic site resource, historic district, and archaeological zone, the planning department shall prepare a designation report containing the following information: a. Designation report. The designation report shall contain a statement of the historic, architectural, and/or archaeological significance of the proposed historic resource, historic district, or archaeological site or zone; the criteria upon which the designation is based; a physical description of the property; an identification of contributing structures and/or landscape features; present trends and conditions; and incentives to encourage preservation, rehabilitation, or adaptive use. b. Boundaries. The designation report shall include a map or maps indicating proposed boundaries. Boundaries for historic resources shall generally include the entire property or tract of land, unless such tract is so large that portions thereof are visually and functionally unrelated to any contributing structure or landscape feature. Historic district boundaries shall in general be drawn to include all contributing structures reasonably contiguous within an area and may include properties which individually do not contribute to the historic (3) character of the district, but which require regulation in order to control potentially adverse influences on the character and integrity of the district. Archaeological zone boundaries shall generally conform to natural physiographic features which were the focal points for prehistoric and historic activities or may be drawn along property lines, streets, or geographic features to facilitate efficient management. c. Interiors. Interior spaces that have exceptional architectural, artistic, or historic importance and that are regularly open to the public may be subject to regulation under this chapter. The designation report shall describe precisely those features subject to review and shall set forth standards and guidelines for such regulations. Interior spaces not so described shall not be subject to review under this chapter. Notice and public hearing. The board shall conduct a public hearing to determine whether the proposed historic resource, historic district, archaeological site or zone meets the criteria set forth in subsection (a) and shall approve, amend, or deny the proposed designation. The board may rehear proposals based upon policies set forth in its rules of procedure. All public hearings on designations conducted by the board, except as provided in subsection (b)(1)a., and hearings on appeals of board decisions to the city commission regarding designations shall be noticed as follows: a. The owner of property or his designated agent or attorney, if any, which is the subject of such designation shall be notified by mail at least 15 days prior to the board's meeting and ten days prior to subsequent administrative appellate hearings. The owner shall receive a copy of the designation report unless there are more than 20 owners, in which case the notice shall state that a copy is available and where it may be obtained. b. An advertisement shall be placed in a newspaper of general circulation at least ten days prior to the hearing. c. Signs shall be posted pursuant to subsection 62-129(2)a., as amended. d. Notice of the time and place of the public hearing by the board, or city commission, as the case may be, shall be sent at least ten days in advance of the hearing by mail to all owners of property within 500 feet of the property lines of the land for which the hearing is required. The applicant shall be charged the appropriate fee established for this purpose. e. For the purpose of this chapter, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Miami -Dade County. The preservation officer, or his/her designee, shall certify at the time of the public hearing that notice as herein required was given to the persons as named and with addresses shown on his certification by the placing in the mail system of the United States on the date certified the herein required notice, the certification shall be conclusive of the giving of such notice; in the case of condominiums, notice will be sent solely to the condominium association. No action taken by the board, or the city commission, as the case may be, shall be voided by the failure of an individual property owner or property owners to receive notice pursuant to this chapter. Historic and environmental preservation atlas. Historic sites, historic districts, and archaeological zones designated pursuant to section 23-4 shall be shown in the "Official Historic and Environmental Preservation Atlas of the City of Miami, Florida," as amended. E/ectronic bui/ding records. Following the designation of a resource, the historic preservation officer shall note the property as a historic resource in the city's building department records. Notifications. Following the designation of a resource, the historic preservation officer shall notify the following parties with a copy of the resolution: a. The owner(s) of record. b. The Miami -Dade County Clerk of the Courts. Submitted into the pub' c record for itcyn(s) on 11Z5 (7) Appeals. The property owner, any one member of the city commission, the planning department, or any aggrieved party may appeal to the city commission any decision of the board on matters relating to designations by filing within 15 calendar days after the date of the decision a written notice of appeal with the hearing boards department, with a copy to the preservation officer. Such notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by a fee of $525.00, plus $3.50 per mailed notice required pursuant to subsection (b)(3). The city commission shall hear and consider all facts material to the appeal and render a decision as promptly as possible. The city commission may affirm, modify, or reverse the board's decision. Any decision to reverse the board's decision shall require a three -fifths vote of all members of the city commission. Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appellate Procedure. The provisions of subsection (b) shall remain in effect during the entire appeal process, unless stayed by a court of competent jurisdiction. The appeal shall be a de novo hearing and the city commission may consider new evidence or materials in accordance with section 2004 of the zoning ordinance. Appeals shall be made directly to the city commission, within 15 calendar days after the date of the decision, and follow the procedures described in subsections 23-6.2(e) or 23-4(7). Amendments. The board may amend any designation by following the same procedures as set forth in this section. The board may likewise rescind any designation if the structure or feature of principal historic significance has been demolished or destroyed. (d) Effect of designation. Upon designation, and thereafter, the provisions of section 23-6.2 shall apply. (8) (Ord. No. 13008, § 2, 6-26-08; Ord. No. 13116, § 2, 10-22-09; Ord. No. 13142, § 10, 2-11-10; Ord. No. 13512, § 2, 4-9-15) Submitted into the pub lc record 1or itgin(., on 1 City Clerk BGRCOW RADELL FERNANDEZ & LARKIN ZONING, LAND USE AND ENVIRONMENTAL LAW MEMORANDUM TO: Mayor and City Commission Members, City of Miami FROM: Jeffrey Bercow, Esq. Carli Koshal, Esq. Emily Balter, Esq. CC: Victoria Mendez, Esq. SUBJECT: Babylon Apartments' Compliance with the Three -Prong Criteria for Exceptional Importance in Metropolitan Dade County v. P.J. Birds, Inc. DATE: January 17, 2018 The following memorandum provides a brief summary of the historic designation of Parrot Jungle, and applies the three -prong criteria for satisfying the "exceptional importance" standard described in Metro. Dade County v. P.J. Birds, Inc., 654 So. 2d 170 (Fla. 3d DCA 1995) (attached) to the Babylon Apartments. Historic Designation of Parrot Jungle. In 1991, Miami -Dade County ("the County") Historic Preservation Board ("HPB") applied the "exceptional importance" standard to the portions of Parrot Jungle that had not yet reached fifty (50) years old. The County Code at the time, and still today, provides in Section 16A-10(2)(f) that "properties that have achieved significance within the last 50 years, will not normally be considered for designation. However, such properties will qualify... if they fall within the following categories:... (f) A property or district achieving significance within the past 50 years if it is of exceptional importance." The County's Code is almost identical to City of Miami Code Section 23-4(b)(6), which provides that "properties that have achieved significance within the past 50 years shall not be considered eligible for listing in the Miami register of historic places. However, such properties will qualify... if they fall within the following categories: ... (6) A property achieving significance within the past 50 years if it is exceptionally important." 1 Summary of P.I. Binds, Inc. Following the initial historic designation of Parrot Jungle, the property owner appealed the County HPB's designation to the County Commission. The appeal resulted in a second HPB hearing. At its second hearing, the HPB again found in favor of designation, and the County Commission upheld the designation. The Staff report recommending the County uphold the HPB's designation stated that the additions had "exceptional merit as provided for in the County Historic Preservation Ordinance." In County Resolution R-171-92, the Commission determined that Parrot Jungle was over fifty years old and of exceptional importance. The County Resolution concluded that Parrot Jungle was "a) one of a kind; b) directly related to a major theme in the region's development; c) significant in multiple areas which can include history, architecture, landscape design, and archeology." Thereafter, the property owner appealed to the local circuit court. The circuit court concluded that the property owner's due process rights had been violated because the HPB applied the "exceptional importance" standard when it was not explicitly defined in the County Code. The County petitioned for certiorari to the Third District Court of Appeals ("DCA"). The Third DCA quashed and remanded the lower court's holding. The Third DCA's opinion highlights that sites less than fifty (50) years old must meet the same designation criteria as sites that are more than fifty (50) years old, as well as be "of exceptional importance." Exceptional importance is based on generally recognized professional standards and applied on a case -by -case basis.1 The professional standards used to determine exceptional merit include consideration of whether the site is (1) one of a kind or unique; (2) directly related or significant to a major theme in the region's development or cultural history; and (3) significant in multiple areas which can include history, architecture, landscape design, and archeology. Analysis. Below please find an analysis of each of the considerations relative to the Babylon Apartments (the "Babylon"). "One of a kind or unique" Not Satisfied. In designating Parrot Jungle, the HPB determined that it was one of a kind based on its incorporation of the indigenous limestone architecture and tropical landscape design. The Babylon is not one of a kind or unique. Arguably its bright red ziggurat facade was unique at the time of its conceptual design, but Arquitectonica also designed the Palace, the Atlantis and the Imperial in the Downtown Miami area with similar design features. The Palace was constructed in 1981 and also features a red stair 1 The Miami -Dade County Historic Preservation Ordinance is patterned on the federal historic preservation regulations. Id. at 176. The Dade County "exceptional importance" standard for "Under -fifty" properties is drawn directly from 36 C.F.R. section 60.4. Id. The most recognized standards for sites that have not yet reached fifty years old is the National Register Bulletin #22: Guidelines for Evaluating and Nominating Properties that Achieved Significance within the Past Fifty Years. Marcella Shefry & W. Ray Luce, National Park Service (1979, Revised 1998). 2 Submitted into the public record fprit l(`) l on ,6 / City Clerk form similar to Babylon's front facade. The Atlantis was constructed in 1982 and like the Babylon has red accents, such as a red spiral staircase in the center of building and large red cone figure on the roof. The Imperial was constructed in 1983 and also has a large red facade feature. All four of Arquitectonica's buildings were constructed within the early 1980s and in the same geographic area. These similarities diminish each one's capability of being considered one of a kind. Additionally, the Palace, the Atlantis and the Imperial are more notable examples of Arquitectonica's early work as they have received considerably more recognition and critical acclaim. "Directly related or significant to a major theme in the region's development or cultural history" Not Satisfied. The HPB concluded that Parrot Jungle was related to major themes in the community history because it was "a fine example of a type of early 20th Century Florida tourist attraction that reflects the individual personality of the founder." P.J. Birds, Inc., 654 So. 2d at 180-81. Parrot Jungle was one of the oldest and most popular small scale tourist attractions. From its opening in 1936 to the time of designation in the early 1990s over twelve million people had visited Parrot Jungle. While Arquitectonica has contributed significantly to Miami and is internationally renowned, the Babylon itself is not. The exceptional importance criteria cannot be solely based on the firm that designed the structure. The site itself must also have contributed to the region's development or cultural history. The Babylon was not Arquitectonica's first project and not their last, as they are still in business today. In fact, it should be noted that Arquitectonica's website does not feature the Babylon as a notable project by the firm. The Babylon's extensive zoning history illustrates the opinion that the City and the surrounding community were never satisfied with the use of the building. Initially, the dwelling units were difficult to sell, and only a year later required City approval and a restrictive covenant by the Babylon's owners to allow for limited commercial use. Additionally, the Babylon was not representative of the shift in building typology in the Point View area. While it is true that the Point View area, now Brickell Bay Drive, was initially developed with large single-family homes, and over time the area was developed into high -density residential; this transition was well -underway by the time the Babylon was designed and constructed. Five (5) of the six (6) multifamily buildings along Brickell Bay Drive today were constructed prior to the Babylon, and all are significantly taller.2 There was no residential neighborhood south of the Babylon that needed protecting at the time the Babylon was built. The Babylon is, and has been, overshadowed between much larger structures, and is not emblematic of shifting development trends. 2 Moving south from the Babylon: the Brickell Bay Tower Condo, at 1408 Brickell Bay Drive, was constructed in 1964; the Bayshore Place Condo, at 1420 Brickell Bay Drive, was constructed in 1973; the Point View Apartments / Bayshore Co -Op, at 1430 Brickell Bay Drive, was constructed in 1961; the Brickell Shores Condo, at 1440 Brickell Bay Drive, was constructed in 1978; and the Costa Bella Condo, at 1450 Brickell Bay Drive was constructed in 1977. 3 "Significant in multiple areas which can include history, architecture, landscape design, and archeology" Not Satisfied. Last, the HPB also found that Parrot Jungle was significant to the regions architecture, commerce and landscape architecture, including the fact that the property contained a portion Snapper Creek's original stream bed. The Babylon is not significant in multiple criteria areas. It may have some merit in architectural design, but that significance is limited to the conceptual design and not the actual construction of the building. In 1978, the Babylon received a Citation from Progressive Architecture Magazine for its architectural design. A citation from Progressive Architecture is a lower tier award and a number of other designs are also recognized each year. Further, the Babylon that was constructed is significantly different from the conceptual designs that were awarded. The final product was much smaller and did not feature two towers split by a pool deck. Aside from its conceptual design, no significant events took place at the Babylon and there is a void of scholarly literature evaluating its significance. Conclusion. The Babylon does not satisfy the three considerations identified in P.J. Birds, Inc. to establish "exceptional importance." Although the three considerations are broad, the Babylon is not unique, directly related to a major theme within the City of Miami, or significant in multiple areas. The Babylon does not warrant a determination of "exceptional." 4 Metropolitan Dade County v. P.J. Birds, Inc., 654 So.2d 170 (1995) 20 Fla. L. Weekly D903 654 So.2d 170 District Court of Appeal of Florida, Third District. METROPOLITAN DADE COUNTY, Petitioner, v. P.J. BIRDS, INC., Respondent. No. 93-1578. April 12, 1995. As Amended May 5, 1995. Synopsis Owner of tourist attraction sought review of decision of county commission upholding designation of attraction as historic site. The Circuit Court, Dade County, Martin D. Kahn, Robbie M. Barr, and Michael H. Salmon, JJ., overturned designation of portion of attraction as historic site, and county petitioned for certiorari. The District Court of Appeal, Cope, J., held that: (1) historic preservation board reasonably interpreted "Over -fifty" rule of historic preservation ordinance to be applicable where site achieved significance over 50 years earlier, even if additional structures were added within past 50 years, so long as more recent structures were consistent with, and contributed to, overall historic character of historic site; (2) there was no violation of unlawful delegation doctrine in historic preservation board's designation of tourist attraction as historical site under rule applicable to sites under 50 years old, which required that site be of "exceptional importance," even though that term was not defined in historic preservation ordinance; (3) any unlawful delegation problem in failure of ordinance to define term "exceptional importance" was cured when county commission, which was legislative body that enacted ordinance, passed resolution ratifying board's interpretation of that term; (4) due process guaranties of State and Federal Constitution did not require board to adopt rule defining standard of "exceptional importance" but, rather, board had latitude to proceed in case -by -case adjudication of historic site designations; and (5) tourist attraction owner's due process rights were not violated in connection with designation of attraction as historic site. Quashed and remanded with directions. Submit �: record fpr iterp on �t,5 t' Barkdull, J., filed dissenting opinion. West Headnotes (8) PubliV Zl 13 . Ciiy Clerk 111 Environmental Law • Property Protected;Designation and Listing Historic preservation board reasonably interpreted "Over -fifty" rule of historic preservation ordinance to be applicable where site achieved significance over 50 years earlier, even if additional structures were added within past 50 years, so long as more recent structures were consistent with, and contributed to, overall historic character of historic site. Dade County, Florida, Historic Preservation Ordinance § 16A-10(I, II). Cases that cite this headnote 121 Environmental Law •+ Property Protected;Designation and Listing Under historic preservation ordinance, site less than 50 years old must satisfy both general criteria for designation and criterion that it be of "exceptional importance"; "exceptional importance" standard is not substitute for general criteria. Dade County, Florida, Historic Preservation Ordinance § 16A-10(I, II). Cases that cite this headnote 131 Constitutional Law • Standards for Guidance Where statute or ordinance delegates powers to administrative body, there must be sufficient standards to guide agency in administration of law, though rule must be flexibly applied. West's F.S.A. Const. Art. 2, § 3. I Cases that cite this headnote 141 Constitutional Law W ESTLAW Nip claim t tl i Metropolitan Dade County v. P.J. Birds, Inc., 654 So.2d 170 (1995) 20 Fla. L. Weekly D903 4' Delegation of Powers At state level, unlawful delegation doctrine derives from provision of State Constitution prescribing separation of powers. West's F.S.A. Const. Art. 2, § 3. Cases that cite this headnote (51 Constitutional Law 4+ Environment and Natural Resources Environmental Law Validity There was no violation of unlawful delegation doctrine in historic preservation board's designation of tourist attraction as historical site under rule applicable to sites under 50 years old, which required that site be of "exceptional importance," even though that term was not defined in historic preservation ordinance; there were professional standards which were generally accepted within field of historic preservation and which were applied on case -by -case basis. West's F.S.A. Const. Art. 2, § 3; Dade County, Florida, Historic Preservation Ordinance § 16A-10(I, II). Cases that cite this headnote (61 Constitutional Law Environment and Natural Resources Environmental Law 4+ Validity Any unlawful delegation problem in failure of historic preservation ordinance to define term "exceptional importance" was cured when county commission, which was legislative body that enacted ordinance, passed resolution ratifying historic preservation board's interpretation of that term; county commission approved designation of tourist attraction as historic site, and in its resolution reiterated board's definition. West's F.S.A. Const. Art. 2, § 3; Dade County, Florida, Historic Preservation Ordinance § 16A-10(I, II). Cases that cite this headnote qubmitted into pubic record f r ite (s) on ) �� i, City Clerk 17) Constitutional Law 4+ Historical Preservation Environmental Law tF* Administrative Agencies and Proceedings Due process guaranties of State and Federal Constitution did not require historic preservation board to adopt rule defining standard of "exceptional importance" but, rather, board had latitude to proceed in case -by -case adjudication of historic site designations. U.S.C.A. Const.Amend. 14; West's F.S.A. Const. Art. 1, § 9; Dade County, Florida, Historic Preservation Ordinance § 16A-10(I, II). Cases that cite this headnote 181 Constitutional Law Historical Preservation Environmental Law 4+ Hearing and Determination Tourist attraction owner's due process rights were not violated in connection with designation of attraction as historic site; owner was represented by counsel at all stages, had two plenary hearings before historic preservation board, and staff report thoroughly delineated different factors which supported designation of property as historic site, all of which were set forth in writing well in advance of both hearings, and provided to owner. U.S.C.A. Const.Amend. 14; West's F.S.A. Const. Art. 1, § 9; Dade County, Florida, Historic Preservation Ordinance § 16A-I0(I, II). Cases that cite this headnote Attorneys and Law Firms *172 Robert A. Ginsburg, County Atty., and Thomas W. Logue, Asst. County Atty., for petitioner. Eckert, Seamans, Cherin & Mellott and Eileen Ball Mehta and Stanley B. Price, for respondent. WESTLAW © 2018 Thomson Reuters. No claim to original U.S. Government Works. 2 Metropolitan Dade County v. P.J. Birds, Inc., 654 So.2d 170 (1995) ?tl}�1ii11t'�1 ii;;Cl th'' nubl c, 20 Fla. L. Weekly D903 Before BARKDULL, JORGENSON and COPE, JJ. COPE, Judge. Metropolitan Dade County petitions for a writ of certiorari to quash an order of the appellate division of the circuit court. The circuit court overturned the designation of a portion of the Parrot Jungle tourist attraction as a Dade County historic site. We conclude that the circuit court departed from the essential requirements of law and grant certiorari. I Late in 1990, the Dade County Historic Preservation Board ("the Board") decided to consider Parrot Jungle for designation as a historic site. The Board's staff prepared a detailed report recommending a twelve acre portion of the Parrot Jungle property for such designation. After a public hearing, the Board voted in favor of the designation. The owner, P.J. Birds, Inc., appealed to the Board of County Commissioners, arguing that it had not been given a full and fair opportunity to present its case in opposition to the designation. At the owner's request, the County Commission returned the matter to the Historic Preservation Board for a new hearing. At the new hearing, the staff report and recommendations were again submitted to the Board. There was extensive testimony from the Board's Executive Director and the public. A number of written submissions were also accepted into the record. Although the owner had requested the second hearing, the owner did not present any evidence and the principals of the owner corporation declined to answer any questions put by the Board. The owner's input was confined solely to having the owner's counsel cross-examine the witnesses who testified, and in making legal argument. The Historic Preservation Board again voted, without dissent, in favor of the designation as a historic site. The owner again appealed to the County Commission, which conducted a hearing. The County Commission upheld the historic designation. The owner then sought review in the circuit court. The circuit court panel concluded that the owner's procedural due process rights had been violated because the Historic Preservation Board had applied a standard of "exceptional importance" when such standard was not explicitly defined in the ordinance or by Historic Preservation Board rule. The County has petitioned for certiorari. II Under the Dade County Historic Preservation Ordinance, 1 there are two distinct sets of historic designation criteria. There is a set of general criteria which applies to sites which attained significance fifty or more years ago (the "General Criteria"). The General Criteria are set forth in the Historic Preservation Ordinance as follows: Sec. 16A-10. Designation process and procedure. (I) [Criteria.] The Board shall have the authority to designate areas, places, buildings, structures, landscape features, archeological sites and other improvements or physical features, as individual sites, districts or archeological zones that are significant in Dade County's history, architecture, archeology or culture and possess an integrity of location, design, setting, materials, workmanship or association, or: (a) Are associated with distinctive elements of the cultural, social, political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in the community, *173 Dade County, south Florida, the State or the nation; or (b) Are associated with the lives of persons significant in our past; or (c) Embody the distinctive characteristics of a type, period, style or method of construction or work of a master; or that possess high artistic value; or that represent a distinguishable entity whose components may lack individual distinction; or (d) Have yielded, or are likely to yield information in history or prehistory; or WESTLAW © 2018 Thomson Reuters. No claim to original U.S. Government Works. 3 Metropolitan Dade County v. P.J. Birds, Inc., 654 So.2d 170 (1995) 20 Fla. L. Weekly D903 (e) Are listed in the National Register of Historic Places. Ch. 16A, Metropolitan Dade County Code. There is an additional criterion for sites attaining significance within the past fifty years. Pertinent here is the following: (II) [Properties not generally considered; exceptions.] ... [P]roperties that have achieved significance within the last fifty (50) years, will not normally be considered for designation. However, such properties will qualify if they are integral parts of districts that do meet the criteria, or if they fall within the following categories: (f) A property or district achieving significance within the past fifty (50) years if it is of exceptional importance. Id. § 16A-10 (II) (emphasis added). A less -than -fifty -year - old property must not only meet the General Criteria, but in addition the site must be of "exceptional importance." Thus, the ordinance creates what may be described as an "Over -fifty Rule," and an "Under -fifty Rule." These may be summarized as follows: I. Over -fifty Rule: Applies to: Site which achieved significance fifty more years ago. Criteria: Site must meet General Criteria 16A-10(I)). II. Under -fifty Rule: or (§ Applies to: Site which achieved significance less than fifty years ago. Criteria: Site must meet General Criteria (§ 16A-10(I)) AND Site must be of exceptional importance. The fact that there are two different sets of criteria is the point overlooked by the circuit court panel below. Submitted into the pub'ie record 7r [t -n(>) Z t { _`� ) Jf ;3J/ • City Clerk III The question considered by the Historic Preservation Board in this case was how to apply the designation standards where the tourist attraction came into existence over fifty years ago, but where additional structures have been added within the past fifty years. The Historic Preservation Board's Staff Summary - states in part: Parrot Jungle and Gardens which lies a few miles south of Miami is one of Florida's most unique tourist attractions. When it opened on December 20, 1936 it was billed as the "Only One in the World." For fifty- four years visitors have enjoyed the subtropical and tropical landscaping, man-made paths, and limestone structures that make up the jungle where hundreds of exotic birds are allowed to fly free. The Staff Summary explains that the Parrot Jungle tourist attraction became commercially successful immediately and has operated continuously since its opening. The summary outlines the areas of Parrot Jungle which constituted the original tourist attraction and the structures built prior to World War II. The Staff Summary then goes on to explain that a duck pond and flamingo lake were added in the 1940's, a new entrance in 1954, and an amphitheater in 1974. The original and newer features are all integral to the tourist attraction. The Staff Report recommended that twelve acres be designated as a historic site, out of Parrot Jungle's total of 31 acres. At the public hearing, the Board's Executive Director, Margot Ammidown, testified that from a historic preservation point of view, the property had attained significance over fifty years ago, and the "Over -fifty" standard applied. The original buildings are over fifty *174 years old. The Parrot Jungle and Gardens became commercially successful over fifty years ago and have been operating continuously for over half a century. Indeed, Parrot Jungle's own present-day promotional brochure prominently states "Parrot Jungle and Gardens ... Over 50 Years of Beauty and Tradition." Ms. Ammidown then pointed out that in addition to the over fifty -year -old buildings, the site also includes some buildings and landscape features which were added within the last fifty years. Ms. Ammidown addressed the WESTLAW © 2018 Thomson Reuters. No claim to original U.S. Government Works. Metropolitan Dade County v. P.J. Birds, Inc., 654 So.2d 170 (1995) 20 Fla. L. Weekly D903 interpretation of the Historic Preservation Ordinance in such a case: In terms of some specific issues I think might come up, I would like to address one in particular since this is a very complicated site. We are not talking about an individual building. We are talking about a site that contains numerous buildings on a number of acres. I would like to point out that even though buildings were added mostly throughout the 1940's that does not disqualify them from the designation.... You can designate since the Board considers an area in terms of all the contributing factors to the overall historic character of the property. We think certainly that the areas of the Parrot Jungle that were added in the 1940's represent areas that contributed to the overall historic character of the park. Also the alterations that were done -they also were done in a fashion that greatly contributed to the historic aspect of the park. (Emphasis added). Simply put, if a property has attained significance dating back over fifty years, it does not lose that significance simply because there has been additional construction or modification within the past fifty years, so long as the additional construction or modification has contributed to the overall historic character. Particularly for a working commercial property, this is a rule of practical necessity. When the Board began its deliberations, the County Attorney served as the Board's counsel. The County Attorney made very clear that the Board had two alternatives before it -what has been referred to in this opinion as the "Over -fifty rule" and the "Under -fifty rule." The County Attorney stated, "[Y]ou will have to consider whether the significance of this property dates over 50 years and whether the younger elements on the property are contributing or whether the property is of exceptional importance. Either finding would support a designation." (Emphasis added). Submitted into the publ y record f r iterp(s) 1 L.12) on \ /L5 City Cl"tk The Board decided to make the designation under both alternatives. It enacted a resolution stating, in part, that the property "is over 50 years old and is a property of exceptional importance...." (Emphasis added). On appeal, the County Commission likewise voted in favor of the designation on both grounds. The County Commission Resolution states, in part, that "the Parrot Jungle, which opened in 1936, is over fifty (50) years old, and is of exceptional importance...." IV When this matter arrived in the circuit court, that court simply overlooked the fact that the Parrot Jungle designation is based on both the "Over -fifty" and the "Under -fifty" rules. This is facially clear from the circuit court opinion. The circuit court said that the "controlling [issue] is whether Appellant's [the owner's] procedural due process rights were violated by the board's undefined and ad hoc standard of `exceptional importance'." Circuit court opinion at 3. The "exceptional importance" standard is solely part of the "Under -fifty" rule. It has nothing at all to do with the "Over -fifty" rule. ' By failing to apply the "Over -fifty" standard, the circuit court applied the incorrect law. -t *175 111 "[A] reviewing court must defer to an agency's interpretation of an operable statute as long as that interpretation is consistent with legislative intent and is supported by substantial, competent evidence." Public Employees Relations Commit! v. Dade County Police Benevolent Ass'n, 467 So.2d 987, 988 (Fla.1985). Here, the Board interpreted the "Over -fifty" portion of the ordinance to be applicable where the site achieved significance over fifty years ago, so long as more recent structures are consistent with, and contribute to the overall historic character of, the historic site. The circuit court was obliged to defer to the agency's interpretation of the ordinance on this point. The Board's interpretation of the "Over -fifty" standard in this case represented a reasonable construction of the Historic Preservation Ordinance. See id.; see also Florida Cable Television Ass'n v. Deason, 635 So.2d 14, 15 (F1a.1994); Department of Insurance v. Southeast Volusia Hospital Dist., 438 So.2d 815, 820 (Fla.1983), appeal disrnissed, 466 U.S. 901, 104 S.Ct. 1673, 80 L.Ed.2d 149 (1984). That is especially so where, as here, the WESTLAW © 2018 Thomson Reuters. No claim to original U.S. Government Works. 5 Metropolitan Dade County v. P.J. Birds, Inc., 654 So.2d 170 (1995) • 20 Fla. L. Weekly D903 County Commission -the legislative body which enacted the ordinance -has specifically reviewed and approved the Board's interpretation. The historic designation should have been sustained on the basis of the "Over -fifty" rule. The Historic Preservation Board and the County Commission also found that the Parrot Jungle site qualified for designation pursuant to the "Under -fifty" rule. Since the owner vigorously disputed the applicability of the "Over -fifty" rule to Parrot Jungle, the Historic Preservation Board and County Commission analyzed the site under both standards and found that the site qualified under both. (21 In order for a site to qualify for the "Under -fifty" rule, the site must satisfy two tests. First, an "Under - fifty" property must meet the General Criteria spelled out in subsection 16A-10(I) of the Dade County Code. The owner has made no complaint about the specificity of the General Criteria. 5 Second, the property must also be "of exceptional importance." Id. § 16A-10(II). The circuit court panel found fault with the fact that the Historic Preservation Board had not heretofore adopted a rule to define "exceptional importance," and that explicit criteria defining "exceptional importance" had been announced by the Historic Preservation Board in the course of its administrative hearing on the Parrot Jungle designation. Circuit court opinion at 3-4. We conclude that here, too, the circuit court panel applied the incorrect law. A (31 141 Where a statute or ordinance delegates powers to an administrative body, there must be sufficient standards to guide the agency in the administration of the law. See City of Miami Beach v. Forte Towers, Inc., 305 So.2d 764, 765 (F1a.1974) (local government); North Bay Village v. Blackwell, 88 So.2d 524, 526 (FIa.1956); see also Askew v. Cross Key Waterways, 372 So.2d 913, 924 (F1a.1978) (state government). 6 Submitted into the publ4c record f9r item(s) ��• 1,�) City Clerk *176 151 This rule must be flexibly applied. The Florida Supreme Court has said: The specificity with which the legislature must set out statutory standards and guidelines may depend upon the subject matter dealt with and the degree of difficulty involved in articulating finite standards. The same conditions that may operate to make direct legislative control impractical or ineffective may also, for the same reasons, make the drafting of detailed or specific legislation for the guidance of administrative agencies impractical or undesirable. State, Department of Citrus v. Griffin, 239 So.2d 577 (FIa.1970); Burgess v. Florida Department of Commerce, 436 So.2d 356 (Fla. 1st DCA 1983), review denied, 447 So.2d 885 (F1a.1984). In re Advisory Opinion to the Governor, 509 So.2d 292, 311 (F1a.1987); accord Clark v. State, 395 So.2d 525, 527-28 (F1a.1981). The circuit court noted that the ordinance itself does not define "exceptional importance" and the Historic Preservation Board had not adopted rules to define it. The court concluded, in part, that the term itself did not give the Board sufficient guidance. In so ruling the circuit court overlooked the administrative law cases which allow reference to generally recognized professional standards in interpreting the meaning of a statutory term. See Florida State Board of Architecture v. Wasserman, 377 So.2d 653, 656 (F1a.1979) (referring to standards recognized in professional field of architecture); Jones v. Department of Revenue, 523 So.2d 1211, 1213 (Fla. 1st DCA 1988) (referring to professional standards for assessment levels); see also D'Alemberte v. Anderson, 349 So.2d 164, 168 (F1a.1977); Conner v. Joe Hatton, Inc., 216 So.2d 209, 211-13 (Fla.1968). The field of historic preservation has been under development for many years now. Federal legislation in this area includes the 1906 enactment of the Antiquities Act, the 1935 enactment of the Historic Sites Act, and the 1966 adoption of the National Historic Preservation Act. 1 Edward H. Ziegler, Jr., Rathkopfs The Law of WESTLAW © 2018 Thomson Reuters. No claim to original U S. Government Works. Metropolitan Dade County v. P.J. Birds, Inc., 654 So.2d 170 (1995) 20 Fla. L. Weekly D903 Zoning & Planning § 15.06[1] (1994). As a matter of state policy, Florida follows the objectives of the National Historic Preservation Act. See §§ 267.021(5), 267.061(2) (c), (3)(c), (3)(h), F1a.Stat. (Supp.1994). All fifty states have adopted historic preservation laws, and numerous local preservation ordinances exist as well. See Estate of Tippett v. City of Miami, 645 So.2d 533, 535 (Fla. 3d DCA 1994) (Gersten, J., concurring). The Dade County Historic Preservation Ordinance is patterned on the federal historic preservation regulations. The Dade County "exceptional importance" standard for "Under -fifty" properties is drawn directly from 6 C.F.R. section 60.4. The National Park Service has issued a publication delineating the professional standards that apply to the "exceptional importance" term as used within the Federal Historic Preservation Regulations -the source from which the Dade Ordinance drew that term. See National Park Service, U.S. Department of the Interior, Guidelines for Nominating and Evaluating Properties that have Achieved Significance Within the Last Fifty Years (National Register Bulletin No. 22). At the hearing before the Historic Preservation Board, Ms. Ammidown testified regarding the "exceptional importance" standard in the Dade Historic Preservation Ordinance: Q Now the reference to that Section of the Code that refers to "exceptional importance": Is exceptional importance defined in the Code? A It's not specifically defined. Q Would you, therefore, agree that its definition is somewhat subjective? A Because there is such a wide array of historical and archeological sites, yes. Q It would be a subjective definition? A Well, I think certain professional standards and evaluations would apply. [Owner's Counsel]: I am asking her to tell me where I would have to go to find out if something was of exceptional importance. :submitted into the public record f r ite (s) 2 , ] 3 on ,,,, City Clerk *177 Ms. Ammidown: It's not in the Regulations, but I could cite other case histories.... [County Attorney]: Can I ask a question to clarify this area. Ms. Ammidown you are a professional in this area of professional designation. What is your understanding of the term "exceptional importance"? Ms. Ammidown: Well, I would apply a couple of questions to such a site. One is: Is it one of a kind, is it a unique historic site. We may have numerous Art Deco buildings. Is it something that is one of a kind. Another question is: Is it a site that is significant in multiple areas? The Board has the obligation of designating sites for either historical significance, architectural significance, landscape design significance, archeological significance. Is it a site that is significant in more than one area and also is it particularly significant to the cultural history of an area? For example, in this case, tourism has been a principal industry of Dade County and you know in that respect that the property take[s] on added significance because it reflects something unique about our area. [County Attorney]: Among historic preservation professionals, is that the generally accepted standard? Ms. Ammidown: Those are the types of things that are considered exceptional -its contribution to an area of growth and development. (Emphasis added). In sum, there are professional standards which are generally accepted within the field of historic preservation and which are applied on a case -by -case basis. 7 Applying those standards, the Historic Preservation Board's resolution states, in part, that "Parrot Jungle and Gardens ... is a property of exceptional importance because: it is one of a kind; directly related to major themes in this community's history; and significant in multiple areas, including architecture, history, and landscape design[.]" The County Commission adopted the Historic Preservation Board's position on this point. WESTLAW © 2018 Thomson Reuters. No claim to original U.S. Government Works. 7 Metropolitan Dade County v. P.J. Birds, Inc., 654 So.2d 170 (1995) 20 Fla. L. Weekly D903 [6] Alternatively, assuming arguendo that there was an unlawful delegation problem, that problem was cured when the County Commission -the legislative body which enacted the Ordinance -passed its resolution ratifying the Historic Preservation Board's interpretation of the term "exceptional importance." Such a ratification procedure is specifically authorized by Askew v. Cross Key Waterways, 372 So.2d 913, 925. In that case the Florida Supreme Court addressed the remedies available to the legislature where there has been an unlawful delegation of legislative authority. Id. The court stated: [T]he legislature need only exercise its constitutional prerogative and duty to identify and designate those resources and facilities [which are areas of critical state concern]. It may be done in advance as with [the statutory designation of] the Big Cypress area of critical state concern, Section 380.055, Florida Statutes (1975), or through ratification of administratively developed recommendations.... Id. at 925 (emphasis added). 8 Here, the Historic Preservation Board adopted a definition of "exceptional importance" and included it in the Board's resolution designating Parrot Jungle as a historic site. The County Commission approved that designation, and in its resolution reiterated *178 the Board's definition.9 This constitutes ratification within the latitude allowed by Askew v. Cross Key Waterways. 17] The circuit court held that the "ad hoc determination of rules and criteria by the Board during the designation hearing was an abuse of the rule -making process which violated Appellant's [owner's] due process rights guaranteed under the Florida and U.S. Constitutions." Circuit court opinion at 4. The court faulted the Historic Preservation Board for not having previously adopted a rule to define the "exceptional importance" standard. Submitted into the public record fpr itcrn (s) Vi,' on \/ 1,S/ (X . City Clerk We respectfully disagree with the circuit court's position on this legal issue. Writing in the context of the Florida Administrative Procedure Act, the Florida Supreme Court has said, "There are quantitative limits to the detail of policy that can effectively be promulgated as rules, or assimilated; and even the agency that knows its policy may wisely sharpen its purposes through adjudication before casting rules." Gulf Coast Elec. Coop., Inc. v. Florida Public Serv. Comm`n, 462 So.2d 1092, 1094 (F1a.1985) (citation omitted; emphasis in original); see also Southpointe Pharmacy v. Department of Health & Rehabilitative Servs., 596 So.2d 106, 111 (Fla. 1st DCA 1992); Florida League of Cities, Inc. v. Administration Comm'n, 586 So.2d 397, 406 (Fla. 1st DCA 1991). "Administrative agencies are not required to institute rulemaking procedures each time a new policy is developed, although that form of proceeding is preferable where established industry -wide policy is being altered." Florida Cities Water Co. v. Florida Public Serv. Comm'n, 384 So.2d 1280, 1281 (F1a.1980) (citations omitted); see also City of Tallahassee v. Florida Public Serv. Comm'n, 433 So.2d 505, 508 (FIa.1983). "The agency rule making function involves the exercise of agency discretion and this Court will not substitute its judgment for that of the agency on an issue of discretion." Citizens of Florida v. Mayo, 357 So.2d 731, 733 (F1a.1978). The Florida Supreme Court has thus explicitly recognized that an administrative agency may proceed with case -by -case adjudication, and that incipient policy may be allowed to develop before the agency adopts rules. The historic preservation literature makes clear that the "exceptional importance" standard is one best suited for development through case -by -case adjudication. Discussing the counterpart federal historic preservation criteria, the National Park Service has said: The National Register Criteria for Evaluation encourage nomination of recently significant properties if they are of exceptional importance to a community, a State, a region, or the Nation. The criteria do not describe exceptional, nor should they. Exceptional, by its own definition, cannot be fully catalogued or anticipated. It may reflect the extraordinary impact of a political or social event. It may apply to an entire category of resources so fragile that survivors of any age are unusual. It may be the function of the relative age of a community and its perceptions WESTLAW 2018 Tho rx Governme. Vlorcs.. Metropolitan Dade County v. P.J. Birds, Inc., 654 So.2d 170 (1995) 20 Fla. L. Weekly D903 of old and new. It may be represented by a building or structure whose developmental or design value is quickly recognized as historically significant by the architectural or engineering profession. It may be reflected in a range of resources for which a community has an unusually strong associative attachment. Thus a complete list of exceptionally significant resources cannot be prepared or precise indicators of exceptional value prescribed. National Park Service, U.S. Department of the Interior, Guidelines for Evaluating and Nominating Properties that have Achieved Significance within the last 50 years, at 3. Therefore, under Florida Supreme Court authority, the Historic Preservation Board *179 was not required to adopt a rule to define the standard of "exceptional importance." It had the latitude to proceed in case -by -case adjudication. The circuit court order on this point did not apply the correct law. D 181 The next question is whether, apart from the failure to adopt rules, it can be said that there was any violation of the owner's due process rights under the Florida or federal Constitutions. That question must be answered in the negative. The Historic Preservation Board staff in this case prepared a detailed analysis of the Parrot Jungle site. The principal position of the Staff Report was that the Parrot Jungle site qualified for designation under the "Over -fifty" standard. In the Report and in the testimony, there was a thorough evaluation of the Parrot Jungle property under the General Criteria which are spelled out at length in the Dade Historic Preservation Ordinance. At no time has the owner suggested that there is any infirmity in the General Criteria. The owner was given notice and an opportunity to be heard on the issue of historic designation. The owner was represented by very able counsel at all stages. The owner had not one, but -two, plenary hearings before the Historic Preservation Board. In the course of the second hearing before the Historic Preservation Board, the Board considered both the () 1 City Clerk "Over -fifty" rule and the "Under -fifty" rule. In that context, the Executive Director testified regarding the professional standards applicable to a determination of "exceptional importance." It is important to note that each of the professional considerations mentioned by Ms. Ammidown had already been addressed within the Staff Report. The first consideration advanced by the Executive Director was, "Is it one of a kind, is it a unique historic site[?]" On this issue, the Staff Report quoted Parrot Jungle's own promotional brochures. I () There is, in other words, no way that the owner could have been surprised by the staffs contention that Parrot Jungle was unique; that proposition was specifically set forth in advance in the Staff Report. The second consideration outlined by Ms. Ammidown was, "Is it a site that is significant in multiple areas?" On this issue, too, there could have been no surprise. The form for the Staff Report requires the staff to identify the specific areas in which the proposed site has "significance" as defined in the ordinance. The staff study of Parrot Jungle specifically delineated architecture, commerce, and landscape architecture as being the areas of major significance. In addition, the staff narrative covered the fact that the property contained a portion of the original stream bed of Snapper Creek, which is the only preserved example of the original stream bed, the remainder having been altered by channelization and conversion into a canal. All of these variables were identified in advance of the hearing by the Staff Report. The fact that these multiple areas of significance would be under consideration at the meeting of the Historic Preservation Board was well known to the owner, since these factors were all outlined in the Staff Report. The final consideration discussed by Ms. Ammidown was whether the property was directly related to major themes in the community's history. Again, this is a consideration which was set forth specifically in the Staff Report, which states in part, "Parrot Jungle is significant historically because it is a fine example of a type of early 20th Century Florida tourist attraction that reflects the individual personality of its founder." The connection of Parrot Jungle with tourism in Florida and in Dade County was specifically set forth in the Staff Report. Again, there can be no surprise that this matter would be discussed, for the WESTLAW © 2018 Thomson Reuters. No claim to original U.S. Government Works. 9 Metropolitan Dade County v. P.J. Birds, Inc., 654 So.2d 170 (1995) 20 Fla. L. Weekly D903 staff had specifically identified *180 this consideration as a factor which supported historic designation. In sum, the Staff Report in this case had thoroughly delineated the different factors which supported the designation of this property as a historic site. These were all set forth in writing well in advance of both hearings, and provided to the owner and the Board. All of these factors were pertinent to the General Criteria set forth in section 16A-10(I). An agency is entitled to engage in administrative adjudication. The interpretation of the term "exceptional importance" was well within the competence of the Historic Preservation Board to decide. This matter was heard on proper notice twice by the Historic Preservation Board, and twice by the County Commission. There is simply no viable claim that the owner's due process rights were violated. VI The Parrot Jungle site qualified for designation under both the "Over -fifty" and "Under -fifty" rules. Either rule alone would be sufficient to support the designation. The circuit court order is quashed and the matter remanded with directions to reinstate the historic designation. JORGENSON, J., concurs. APPENDIX METROPOLITAN DADE COUNTY HISTORIC PRESERVATION BOARD DESIGNATION REPORT -INDIVIDUAL SITE * * * Parrot Jungle and Gardens which lies a few miles south of Miami is one of Florida's most unique tourist attractions. When it opened on December 20, 1936 it was billed as the "Only One in the World." For fifty-four years visitors have enjoyed the subtropical and tropical landscaping, man-made paths, and limestone structures that make up the jungle where hundreds of exotic birds are allowed to fly free. Submitted into the pubic record r itorn(,$) �� -?j on � C..7 / City Clerk During the 1920s and 30s many unusual family run attractions were opened along roadsides throughout the State of Florida. Once I-95 was completed, rerouting traffic, many of these eccentric attractions died. Parrot Jungle survived because it was unique and located near an expanding metropolis. Parrot Jungle is significant historically because it is a fine example of a type of early 20th Century Florida tourist attraction that reflects the individual personality of its founder. The Parrot Jungle is still a successful attraction in a time when tourists are drawn to larger, more anonymous and corporate run attractions such as Disney World and Busch Gardens. The man who made this whimsical fantasy into reality was Franz Scherr. Born in Austria, Scherr immigrated to the United States in 1911. After his arrival, Franz worked his way west earning a living as a carpenter. He eventually settled in Chicago where he married his wife Louise and had a successful career in construction. Louise and Franz had five children: Eugene, Francis, Constance, and twins Jerome and Eileen. During South Florida's real estate boom of the mid 1920s Franz moved his family to Homestead, Florida. Once in Homestead Franz and Louise opened a feed and supply store where they displayed a few parakeets and lovebirds. It was his friend Joe Dumond, owner of Monkey Jungle, who inadvertently gave Franz the idea to create a Jungle where the birds could fly free. In 1936 Franz took his last twenty-five dollars and leased about twenty acres of Hammock land on Red Road. Franz moved to his new land to begin work while his family stayed in Homestead. Among the first things Franz did was blaze a trail through the hammock taking care to leave the natural vegetation. He began an intense study of sub -tropical flora, learning everything he could about the subject. In addition, he built a pine log structure with Palmetto thatched roof as an entrance building and gift shop. He then began to stock the jungle with the birds he had displayed in the feed store. He also purchased some pheasants and peacocks and ordered twenty-eight parrots. *181 On Sunday, December 20, 1936 Parrot Jungle opened its gates to one hundred visitors who paid twenty- five cents admission. Franz guided the visitors through the jungle explaining the natural vegetation. The attraction was so successful that the whole Scherr family was able to move to Parrot Jungle just six months after it opened. WESTLAW © 2018 Thomson Reuters. No claim to original U.S. Government Works. 10 Metropolitan Dade County v. P.J. Birds, Inc., 654 So.2d 170 (1995) 20 Fla. L. Weekly D903 They lived in the loft of the entranceway until 1939 when they built a home on Red Road. In 1939 the Scherrs were able to purchase their hammock land for $5,000. Later, Franz added more trails, more birds, and rustic oolitic limestone structures that blend with the natural feeling evoked by the jungle. In the 1940s the original entrance on Red Road was faced with limestone and a tile roof replaced the thatch. As business grew the family expanded Parrot Jungle. In 1946 the Duck Pond was added, a small man-made pond full of cranes, spoon bills, swans, and ducks. Flamingo Lake, also man- made, was added in 1948. Seventy-five flamingoes create a tranquil and beautiful visual effect. Mr. Scherr worked with architect Tony Sherman to plan the new entrance which was completed in 1954. Like the original entrance, the new blends with the surrounding natural environment. The Parrot Bowl amphitheater was completed in 1974. All of the additions were conceived and planned by Franz Scherr. In ... 1985, Jerome Scherr, who took over Parrot Jungle's management after his father's death, designed the brick pathways which if viewed from the air create a vine. The entire Parrot Jungle complex reflects the unique interests and tastes of the Scherr family. Since its opening in 1936 over twelve million people have passed through the gates. Many celebrities have visited Parrot Jungle, the most publicized was Winston Churchill, who made two visits in 1946. Today Parrot Jungle and Gardens is home to over one thousand exotic birds and features more than one thousand varieties of tropical plants. The gardens contain the largest and oldest native cypress hammock in Florida south of Lake Okeechobee and remnants of the original bed of Snapper Creek as well as many rare plant specimens. In 1988 Jerome Scherr sold the Parrot Jungle to businessmen and aviculturists Richard Schubot and Bern Levine, DVM. The original stream bed of Snapper Creek is the only preserved example of Snapper Creek the rest [of] which has been altered by [having been] channelized and converted into a canal. Snapper Creek was a major Indian canoe route connecting the Everglades with Biscayne Bay. Several prehistoric Tequesta sites are known within the vicinity of Parrot Jungle, and it is probable that some evidence of Tequesta activities occur near the stream bed in Parrot Jungle and Gardens. record fo: itcp r on 1 Submitted into the public �� C it.v C'tem Staff recommends the designation of Parrot Jungle as an individual historic site. (Footnotes omitted). BARKDULL, Judge, dissenting. The order of the appellate division of the circuit court reads as follows: Appellant, P.J. BIRDS, INC. (Parrot Jungle), seeks review of Dade County Resolution No. R-171-92 which affirms the Dade County Historic Preservation Board's designation of Parrot Jungle as an historic site. The Parrot Jungle contends that the manner in which the subject property was designated as an historic site violated its due process rights under the Florida and U.S. Constitutions. WE REVERSE. The Dade County Historic Preservation Ordinance was adopted by Dade County in 1981. The Ordinance created an Historic Preservation Board (The Board) and authorizes it to prepare rules and regulations to enforce the purposes espoused by the Ordinance. Section 16A-9(2), Code of Metropolitan Dade County, Florida. Before designating a site as historic, the Ordinance requires a designation report to be filed with the Board followed by a public hearing. Such hearing is a quasi-judicial process. Section 16A-10(IV)(E), Code. On November 15, 1990, the Board notified Appellant that Parrot Jungle was being considered for designation as an historic site and that a subsequent public hearing on the issue of designation was scheduled. *182 On December 19, 1990, the Board conducted its public hearing on the designation of Parrot Jungle during which appellant opposed such designation. At this meeting, Appellant requested a deferral due to a pending zoning matter but was denied the request. Thereafter, the Board proceeded to adopt a resolution designating the property as an historic site. Pursuant to Section 16A-15, Code, Appellant appealed the Board's resolution to the County Commission and a second hearing on the issue of designation was granted for November 20, 1991. During the November 20th hearing, testimony was heard regarding the "exceptional importance" standard as set forth in the Ordinance. It was admitted through WESTLAW © 2018 Thomson Reuters. No claim to original U.S. Government Works. Metropolitan Dade County v. P.J. Birds, Inc., 654 So.2d 170 (1995) 20 Fla. L. Weekly D903 this testimony that such standard is neither defined in the Ordinance nor contained in the regulations. This testimony, which was given by a Board member, continued further to define the term "exceptional importance" and specified criteria considered in a designation determination. That criteria was used by the Board in its designation decision. The Board, despite Appellants argument in opposition to the designation, voted to reaffirm its previous designation of the site. Appellant again appealed to the County Commission for a reversal of the designation on the ground that the Board's decision denied Appellant its due process rights under the Constitution. An appeal was heard by the County Commission on February 18, 1992, in which the Commission voted to uphold the historic designation. This appeal ensued. The issue on appeal which we believe is controlling is whether Appellant's procedural due process rights were violated by the board's undefined and ad hoc standard of "exceptional importance". The historical designation of the property was dependent upon proof that the site is of "exceptional importance". Section 16A-10(II) (t), Code. However, the term is neither defined in the Historic Preservation Ordinance nor is there any guidance in the existing rules and regulations of the Board as to what constitutes "exceptional importance". Despite this lack of guidance, the Board, for the first time during the designation hearing defined the term "exceptional importance" and specified the criteria used in determining whether a potential site is of "exceptional importance" for designation purposes. Due process requires compliance with the basic principles of "fundamental fairness" and guarantees the right to a full and fair hearing. Pelle v. Diners Club, Inc., 287 So.2d 737 (Fla. 3 DCA 1974). In Smith v. Portante, 212 So.2d 298, 299 (F1a.1968), The Florida Supreme Court stated that no matter how laudable a piece of legislation may be, objective guidelines and standards should appear expressly in the Act or be within the realm of reasonable inference from the language of the Act. In the instance case, such standards used to determine "exceptional importance" for historical designation purposes were never specified in either the Ordinance or the rules and regulations. Additionally, it was admitted during the course of the Submitted into the pub!iii designation hearing by a Board member that the term "exceptional importance" was indeed subjective and had to be applied on a case -by -case basis. Such ad hoc determination of rules and criteria by the Board during the designation hearing was an abuse of the rule -making process which violated Appellant's due process rights guaranteed under the Florida and U.S. Constitutions. We have reviewed the other issues raised on appeal and found them to be without merit. Accordingly, we reverse the County Commission's decision and remand the cause for further proceedings consistent with this Opinion. REVERSED AND REMANDED. By this certiorari proceeding we are required to determine if the circuit court, in its appellate capacity, afforded procedural due process and applied the correct law. City of Deerfield Beach v. Valliant, 419 So.2d 624 (F1a.1982). t We are not permitted to quash *183 a decision because we may differ if we had been deciding the matter in the first instance. Education Dev. Ctr., Inc. v. City of ' West Palm Beach, 541 So.2d 106 (F1a.1989); State v. Pettis, 520 So.2d 250 (F1a.1988); Combs v. State, 436 So.2d 93 (F1a.1983); City of Deerfield v. Valliant, supra; Herrera v. City of Miami, 600 So.2d 561 (Fla. 3d DCA 1992); St. Johns County v. Owings, 554 So.2d 535 (Fla. 5th DCA 1989). 2 In view of our limited jurisdiction to review the action of the circuit court, I am unable to say that it denied procedural due process or applied incorrect law, and therefore the petition for certiorari should be denied. This is particularly true when it is apparent from the record before us that no objective test was used to instigate the historical process designation 3 and further, Florida has not adopted the liberal view of a minority of jurisdictions as to a relaxation of the requirement of legislative standards in connection with any delegation of legislative power. See Askew v. Cross Key Waterways, 372 So.2d 913 (F1a.1978). 4 I would deny the Petition for Certiorari. All Citations 654 So.2d 170, 20 Fla. L. Weekly D903 WESTLAW © 2018 Thomson Reuters. No claim to original U.S. Government Works. 12 Metropolitan Dade County v. P.J. Birds, Inc., 654 So.2d 170 (1995) 20 Fla. L. Weekly D903 Si'bru1t( (l 43 Footnotes n 1./7$ A C)c_rk 1 Ch. 16A, Metropolitan Dade County Code. 2 The historical summary is set forth in the appendix to this opinion. 3 In other words, assuming arguendo that the circuit court was correct in invalidating the "exceptional importance" standard, the circuit court's ruling would only remove the "Under -fifty" rule as a basis for the Parrot Jungle historic designation. Completely independent is the question of whether the historic designation is proper pursuant to the "Over -fifty" rule. 4 See Education Development Center v. City of West Palm Beach Zoning Board of Appeals, 541 So.2d 106 (FIa.1989); Maturo v. City of Coral Gables, 619 So.2d 455 (Fla. 3d DCA 1993); Herrera v. City of Miami, 600 So.2d 561 (Fla. 3d DCA), review denied, 613 So.2d 2 (FIa.1992). 5 The owner appears to argue, however, that an "Under -fifty' property does not have to satisfy the General Criteria and that the sole criterion is "exceptional importance." Such an argument clearly misreads the ordinance. The standard of "exceptional importance" is used for purposes of selecting among "Under -fifty" properties that satisfy the General Criteria. The "exceptional importance" standard is not used as a substitute for the General Criteria. Because the circuit court discussed the "exceptional importance" standard in isolation, without mentioning the General Criteria, it appears that the circuit court may have misunderstood the limited role played by the "exceptional importance" term, and erred on this point of law. Certainly we would have a different case if the sole standard for selection was the phrase "exceptional importance"; in reality, the "exceptional importance" criterion must be read together with the General Criteria when an "Under -fifty" property is involved. 6 At the state level the unlawful delegation doctrine derives from Article II, section 3 of the Florida Constitution, prescribing the separation of powers. See Askew v. Cross Key Waterways, 372 So.2d at 924; see also B.H. v. State, 645 So.2d 987, 991 (FIa.1994); Chiles v. Children A, B, C, D, E, and F, 589 So.2d 260, 263-64 (Fla.1991). 7 The Historic Preservation Board's transmittal memorandum to the County Commission states, in part: "Professional standards used to determine exceptional merit include consideration of whether the site is: a) one of a kind; b) directly related to a major theme in the region's development; c) significant in multiple areas which can include history, architecture, landscape design, and archaeology." 8 By opinion on rehearing, the court stated that the two enumerated alternatives, legislation in advance and legislative ratification of administratively developed recommendations, "present obvious remedies for the deficiencies found in section 380.05; however, it was not our purpose to indicate that the alternatives stated are exclusive." Id. at 926. 9 The wording of the County Commission resolution approving the historic designation is substantially identical to that of the Board on this point. The County Commission resolution states, in part, that Parrot Jungle "is of exceptional importance because it is: a) one of a kind; b) directly related to a major theme in the region's development; c) significant in multiple areas which can include history, architecture, landscape design, and archaeology[.]" 10 The Staff Report stated, "When it opened on December 20, 1936 [Parrot Jungle] was billed as the 'Only One in the World.' " Appended to the Staff Report was, among other things, a contemporary Parrot Jungle promotional brochure entitled, "Parrot Jungle and Gardens," stating in part, "Over 50 years of beauty and tradition." The brochure goes on to describe Parrot Jungle as "Miami's unique bird sanctuary, [with] botanical gardens." 1 Wherein on page 626 the following is found: As a case moves up the appellate ladder, each level of review does not become broader. As Chief Judge Letts, speaking for the court, said: [C]ommon sense dictates that no one enjoys three full repetitive reviews to, 1. a civil service board 2. a circuit court 3. a district court of appeal.... City of Deerfield Beach v. Vaillant, 399 So.2d 1045, 1047 (Fla. 4th DCA 1981). We hold that where full review of administrative action is given in the circuit court as a matter of right, one appealing the circuit court's judgment is not entitled to a second full review in the district court. Where a party is entitled as a matter of right to seek review in the circuit court from administrative action, the circuit court must determine whether procedural due process is accorded, whether the essential requirements of the law have been observed, and whether the administrative findings and judgment are supported by competent substantial evidence. The district court, upon review of the circuit court's judgment, then determines whether the circuit court afforded procedural due process and applied the correct law. Id. WESTLAW © 2018 Thomson Reuters. No claim to original U.S. Government Works. (Emphasis added.) 2 Wherein at page 537 the following is found: Indeed, the Fifth District Court of Appeal has stated in St. Johns County v. Owings, 554 So.2d 535 (Fla. 5th DCA 1989), rev. denied, 564 So.2d 488 (FIa.1990): 'As recently emphasized by the Florida Supreme Court in Education Development Center, Inc. v. City of West Palm Beach Zoning Board of Appeals, 541 So.2d 106 (FIa.1989), a district court of appeal plays a very limited role in reviewing a circuit courts action in a zoning dispute such as this. Only the circuit court can review whether the judgment of the zoning authority is supported by competent substantial evidence. The district court of appeal merely determines whether the circuit court afforded due process and applied the correct law. See also City of Deerfield Beach v. Vaillant, 419 So.2d 624 (FIa.1982). As the court in Education Development Center noted, a district court of appeal may not quash a circuit court's decision because it disagrees with the circuit court's evaluation of the evidence. 554 So.2d at 537 (emphasis added).' 3 The designation report was presented at the hearing by Margot Ammidown, Acting Director of Dade County's Historic Preservation Division. Ms. Ammidown described the calls and letters which her division received from the neighbors requesting the historic designation of Parrot Jungle. She testified that Parrot Jungle was the 98th property to be designated as a Dade County historic site and that Parrot Jungle had not been considered for designation prior to the calls from the neighborhood. Ms. Ammidown explained that the designation would affect approximately 12 acres of the Parrot Jungle property. She testified that the designation would not be limited to individual buildings but would encompass everything within that acreage, including buildings and additions which were less than 50 years old. Ms. Ammidown testified that even structures such as maintenance sheds, which she described as "non-contributing" and not "aesthetically important," were included in the designation. She testified that the property owner could not demolish such "non-contributing" structures without first obtaining approval from the Board. The designation also included all improvements and landscaping, the vast majority of which are less than 50 years old. When asked to explain how the 12-acre site satisfied the "exceptional importance" standard set forth in the Ordinance, Ms. Ammidown acknowledged that the term is not defined in the Ordinance, that it is not contained in the regulations, that it is a subjective standard and that it is subject to a case -by - case determination. 4 Wherein the following is found: "Although the Davis view is an entirely reasonable one as demonstrated by its adoption in the federal courts and a minority of state jurisdictions, nonetheless, it clearly has not been the view in Florida. Should this court, then, accept the invitation of appellants to abandon the doctrine of nondelegation of legislative power which is not only firmly embedded in our taw, but which has been so continuously and recently applied? We believe stare decisis and reason dictate that we not". Id. at 924 (Citations omitted). Metropolitan Dade County v. P.J. Birds, Inc., 654 So.2d 170 (1995) 20 Fla. L. Weekly 0903 4, x . + ity'_ c t End of Document © 2018 Thomson Reuters. No claim to original U.S. Government Works. WESTLAW © 2018 Thomson Reuters. No claim to original U.S. Government Works. 14 Submitted into the public � �� c ord for it 1(s) on \I(,S I I g . City Clerk BERCOW RADELL FERNANDEZ & LARKIN ZONING, LANE) USE AN[) EN\/IRONMENTAL LAW MEMORANDUM TO: Mayor and City Commission Members, City of Miami FROM: Jeffrey Bercow, Esq. Carli Koshal, Esq. Emily Balter, Esq. CC: Victoria Mendez, Esq. SUBJECT: Babylon Apartments' Compliance with National Register Bulletin #22: Guidelines for Evaluating and Nominating Properties that Achieved Significance within the Past Fifty Years DATE: January 15, 2018 The following memorandum provides a summary of Babylon Apartments' compliance with the standards explained in National Register Bulletin #22: Guidelines for Evaluating and Nominating_Properties that Achieved Significance within the Past Fifty Years (the "Bulletin").1 Marcella Shefry & W. Ray Luce, National Park Service (1979, Revised 1998) (attached). The Cultural Resources division of the National Park Service (the "Park Service") manages the National Register of Historic Places. As such, the Park Service is uniquely qualified to provide guidance as to what properties should be eligible for designation. However, even the Park Service recognizes that properties that have achieved significance within the last fifty (50) years face challenges in assessing their actual significance. To this end, the Park Service issued the Bulletin in effort to provide clarity as to the factors that these "younger" properties should meet in order to be designated. I While the Babylon is not being considered for nomination to the National Register, the guidelines are instructive in considering whether the building satisfies the "exceptional importance" standard for properties that have achieved significance within the last fifty (50) years. Further, the case Metropolitan Dade County v. P.J. Birds, Inc. explains that the Bulletin is the source of the "exceptional importance" standard in the Miami -Dade County Code, which the City of Miami Code echoes. 654 So. 2d 170,176 (Fla. 3d DCA 1995) 1 ubmittcd into the public 'i„ 13 on V1,5/ N City Clerk The National Register Criteria for Evaluation indicates that recently significant properties may be nominated "if they are of exceptional importance to a community, a State, a region, or the Nation." [Emphasis added]. However, as explained in the Bulletin, "exceptional, by its own definition, cannot be fully catalogued or anticipated." The Bulletin provides guidance on analyzing "exceptional importance" by emphasizing the importance of understanding the historic context with which the nominated resource is related. I. Historic Context. According to the Bulletin, "Historic context refers to all of those historic circumstances and factors from which the property emerged." Further, "in evaluating and justifying exceptional importance, it is especially critical to identify the properties in a geographical area that portray the same values or associations and determine those that best illustrate or represent the architectural, cultural, or historical values being considered." [Emphasis added]. The Babylon's context is formed by Arquitectonica buildings designed in the modern style, constructed in the early 1980s, within the Brickell area. Each of these factors is interesting and notable. Arquitectonica is a world renowned firm that has received abundant critical acclaim, even for their early work in the late 1970s and early 1980s. The 1980s generally were a period of growth and revitalization for the City of Miami, particularly in the Brickell area. The Brickell area, in general, was becoming a residential area of prominence, particularly due to its proximity to Downtown and the burgeoning Financial District. This said, there are three (3) other structures within the Babylon's specific context, each more notable than the Babylon: the Palace, the Imperial, and the Atlantis. II. Scholarly Evaluation. The Bulletin acknowledges that "a case can more readily be presented and accepted for a property that has achieved significance within the past 50 years if the type of architecture or the historic circumstances with which the property is associated have been the object of scholarly evaluation." The Bulletin makes special note that scholarship is distinct from "popular social commentary." Notably, the conceptual design of the Babylon won the Progressive Architecture ("P/A") Citation Award in 1978. However, it's important to appreciate that the "Citation" award level is the lowest tier of the P/ A awards and is granted to numerous designs in any given year. Further, the building as actually constructed does not match the conceptual plans that won the P/ A Citation. This P/ A design Citation appears to be the extent of the Babylon's scholarly acclaim. III. Fragile or Short-lived Resources. The Bulletin explains that "Some resources acquire historical qualities before the passage of 50 years because they either were not built to last that long, or, by their nature, are subject to circumstances that destroy their integrity before 50 years have elapsed." 2 Submitted into the publ.c record fpr itet (s) "_ on / City Clerk The Babylon was constructed using reinforced concrete footings, columns, and beams that supported floors made from pre -fabricated concrete slabs. The exterior of the structure was created using stucco. These are standard materials and techniques from the 1980s that are still in use today. The materials are not fragile or short-lived by nature. IV. Time. The Bulletin acknowledges that the fifty year limitation is a relatively arbitrary one. The Bulletin clarifies that "generally, our understanding of history does not advance a year at a time, but rather in periods of time which can logically be examined together." In essence, sufficient time must have passed to determine whether the period a property represents is historically significant. However, "the more recently a property has achieved significance, generally, the more difficult it is to demonstrate exceptional importance." In the case of the Babylon, arguably, sufficient time has passed to recognize that the context in which the Babylon was built is significant in the history of the City of Miami. However, the passage of time has also demonstrated that the Babylon is not exceptionally important. The Babylon is not as important as the Palace, the Imperial, or the Atlantis, let alone exceptionally important. V. Comparative Evaluation of Significance. The Bulletin clarifies that "exceptional importance does not necessarily mean national significance; rather, it is a measure of a property's importance within the appropriate historic context, whether the geographic scale of that context is local, state, or national." In evaluating and justifying exceptional importance, the Bulletin indicates that it is "critical to identify the properties in a geographical context that portray the same values or associations and determine those that best illustrate or represent the historical, architectural, cultural, engineering, or archeological values in question." [Emphasis Added]. The Babylon is not an outstanding work, particularly not within its context. As previously indicated, the three (3) other structures within this context, are the Palace, the Imperial, and the Atlantis. The Palace was completed in 1981, the Imperial was completed in 1983, and the Atlantis was completed in 1982. The Palace features a red "staircase" extension, which is similar to the front facade of the Babylon, but on a grander and more notable scale. The Atlantis received national acclaim when it was featured in the opening credits of the 1980s television show "Miami Vice." The Atlantis, the Imperial, and the Palace have all received critical acclaim, and, even more telling, they are displayed on Arquitectonica's current website as featured examples of the firm's work. The Babylon is notably not present. VI. Associations with Living Persons. The Bulletin specifies that "the nomination of such properties [associated with individual still living] is strongly discouraged in order to avoid use of the National Register listing to endorse the work or reputation of a living 3 Submitted into the public City CiL�t. person. However, exceptions to this general rule are made for properties associated with "living persons whose active life in their field of endeavor is over." The Bulletin also indicates that sufficient time must have elapsed to assess their contribution. Even if one acknowledges that sufficient time has passed to determine that Arquitectonica, as a firm, is significant, it cannot be denied that the firm is still active and engaged in their "field of endeavor." Arquitectonica is a prolific design firm with current projects in major cities across the globe. Designation of the Babylon, or any of Arquitectonica's works, at this time would have the effect of endorsing the work and reputation of the firm. VII. Properties in Historic Districts. The Bulletin confirms that "properties that are integral parts of a district do not need to be individually eligible for the National Register or of individual exceptional importance." This guideline is not applicable to the Babylon. Conclusion. The Bulletin instructs that "nominations must make a persuasive, direct case that the grounds - the historic context for evaluating a property's exceptional importance exist and that the property being nominated is within that context, exceptional." Although recent, the historic context for the Babylon may exist. However, the Babylon, within its context, is not exceptional. Further, the Babylon's association with Arquitectonica, and "qualification" as one of the firm's first works, is contrary to the designation guidelines as explained in the Bulletin. 4 Submitted into the publi r�.c. �':fq)ritc!1(:-.) VZ.13 1/,5 11 city(' BERCOW RADELL FGRNAN DEZ & LARKIN ZON1NG, LAND USE ANC ENVIRONMENTAL LAW MEMORANDUM TO: Mayor and City Commission, City of Miami FROM: Jeffrey Bercow, Esq. Thomas Robertson, Esq. CC: Victoria Mendez, Esq. SUBJECT: City of Miami Unsafe Structures Panel Order Demolition of the Babylon Apartments DATE: January 18, 2018 On October 28, 2015, the City of Miami Unsafe Structures Panel issued an order pursuant to Section 10-101 of the City Code to repair or demolish the structure located at 240 SE 14 Street in the City of Miami. (Order; attached) That order was never appealed and became final and binding on or about November 28, 2015 because neither party appealed.1 Under the Order, Babylon had until August 23, 2016 to comply with the Order,2 but Babylon failed to comply with the time periods set forth in the Order by that date.3 Contained within the Order is the language, "If any of the above stipulation(s) are not complied with, said structure(s) shall be demolished by the City of Miami as soon as possible." The Order goes on to say, "The City of Miami Unsafe Structures Panel also ordered (sic) that if compliance is not obtained within the time periods stipulated above, then the Building Official is further instructed to proceed in accordance with Chapter 10, Article VI of the City of Miami Code. There will be no further notices or communication 1 This date and the fact that the Order became final and binding was part of the partial final judgment entered by the Court in the civil lawsuit. The judgment was appealed and was upheld by the appellate court. As such, it is law of the case and binding. 2 This statement is similarly contained within the partial final judgment and hence law of the case. See also Frye v. Miami -Dade County, 2 So.3d 1063 (Fla. 3d DCA 2009); Miami -Dade County v. Concrete Structures, Inc., 114 So.3d 333 (Fla. 3d DCA 2013) 3 Babylon was prevented from complying with the Order by the application for historic designation of the Property that placed a stop on Babylon's application for a demolition permit. 1 ;1.5t ri ttcd into t?-c public from the City of Miami Unsafe Structures Panel regarding this case." The City officials believe that the language, "the Building Official is further instructed to proceed in accordance with Chapter 10, Article VI of the City of Miami Code" is telling the Building Official to demolish the structure. Based upon the Order, both the City and Babylon have an affirmative obligation to demolish the structure. Babylon is required to proceed under Chapter 23 of the City Code in order to complete the demolition of the structure. There are currently two methods by which that can be accomplished. Either the appeal to the City Commission of the historic designation of the structure can be granted thereby eliminating the block on Babylon's application for a demolition permit, or a Certificate of Appropriateness for demolition may be sought by Babylon and/ or the City and granted by the City. However, since the City is similarly bound by the Order to demolish the structure, it can take no action that is inconsistent with the demolition of the structure. The City does not recognize its obligation to comply with the mandates of the Order. The City has the discretionary authority to allow the Plaintiff to demolish the structure or to demolish the structure itself. But the City does not have the authority to ignore or act inconsistently with the Order. The City must comply with the Order and either demolish the structure or cooperate with Babylon to cause the same to occur. The City is obligated by its own code to take no action inconsistent with the demolition of the Property. Section 23-6.3 (c) of the City Code reads, "In the event the building official of the city determines that any designated property is unsafe pursuant to chapter 8.5 of the Code of Miami -Dade County, Florida, as amended, he shall immediately notify the board with copies of such findings. Where reasonably feasible within applicable laws and regulations, the building official shall endeavor to have the structure repaired rather than demolished and shall take into consideration any comments and recommendation of the board. The board may take appropriate actions to effect and accomplish preservation of such structure, including, but not limited to, negotiations with the owner and other interested parties, provided that such actions do not interfere with the procedures in chapter 8.5 of the Code of Miami -Dade County, Florida, as amended." The City has seriously interfered with the procedures in chapter 8- 5 of the Code of Miami -Dade County by interfering with the demolition of the property. There is a very strong argument that the designation of the property under the circumstances constitutes either a taking or a prohibited exaction under the law. Either one of these constitutes an actionable offense that could result in an action for damages against the City. The property owner in this case, Babylon, is placed in a Catch 22 situation in that it is required to conduct maintenance pursuant to Chapter 23, yet prohibited from seeking any permit except a permit for demolition by the Order. 2 Submitted into tht public ,1�� J C ty Clerk Impacting this even more is the Zoning Interpretation issued by the then Zoning Administrator, Barnaby Min, issued on July 15, 2011 (attached) which stated in part, "Properties that are deemed life safety hazards, however, and which have been declared unsafe have no historical or aesthetic value. Such properties should be immediately demolished in order to protect residents, prevent life safety issues, and add to the aesthetic value of the neighborhood." This statement applies in this case where the Historic Designation was merely a means to prevent redevelopment and the property had no historic value due to its condition. 3 City of Miami 444 SW 2nd Avenue Miami, FL 33130 Submitted into the pub! CFN: 20150698415 BOOK 29836 PAGE 3694 DATE:11/02/2015 10:01:01 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY City of Miami ORDER OF THE UNSAFE STRUCTURES PANEL FOR FULL INFORMATION CONCERNING THE DECISION ORDER, PLEASE READ THIS DOCUMENT IN ITS ENTIRETY File Number: 15-01424 Final Action: 10/28/2015 Owner's Name: BABYLON INTERNATIONAL INC Owner's Mailing Address: 180 ISLAND DR KEY BISCAYNE, FL 33149 Case #: BB20 iau-i-1L43 RE: 240 SE 14 ST Folio Number: 01-4139-068-0010 Legal Description: BABYLON TOWERS CONDO POINT VIEW SUB PB 2-93 LOT 5 LESS NLY 10FT FOR R/W & S1/2 OF OUTLOT 5 LESS NLY 25 FT FOR R/W BLK 2 LOT SIZE 15646 SQ FT F/A/U 01-0210-050-2240 The City of Miami's Unsafe Structures Panel Decision, at its meeting on OCTOBER 28, 2015 on Structure "A' (8-STORY, CBS, CONDOMINIUM BUILDING) : Structure 'A': Repair or Demolish Unsafe Structure within 300 days PLANS: Building plans must be developed for all work and for all repairs or items needing to be completed or legalized. Plans shall be prepared by a Registered Architect or a Professional Engineer or as permitted by the Florida Building Code, as amended, and shall be Signed and Sealed, (or Stamped) by the Design Professional. When plans are required, they shall be submitted FIRST to the Unsafe Structures/Code Compliance Section for approval. Plans shall be prepared and submitted for approval to the City of Miami Building Department within 60 days from today's date. All property surveys submitted to this Section for the purpose of obtaining permits shall be current, shall furthermore be Signed and Sealed and shall show all pertinent and required Elevations. (Note: A property survey is required for total demolition permits.) BUILDING PERMITS: Structure 'A': Permits shall be obtained within 120 days from today's date Building Permits must be obtained after the construction plans have been approved by the Building Department for all Structures shown above and for all Disciplines requiring permits. Permits shall also be obtained for all required Trade sub -categories, as required by the Florida Building Code, Miami -Dade County Code and the City of Miami Code. The permits obtained shall cover all repairs or items needing to be completed and legalized. IF ANY OF THE ABOVE STIPULATION(S) ARE NOT COMPLIED WITH, SAID STRUCTURE(S) SHALL BE DEMOLISHED BY THE CITY OF MIAMI AS SOON AS POSSIBLE. City of Miami Page 1 Printed on 10/28/15 ( +s (Ttr,.t CFN: 20150698415 BOOK 29836 PAGE 3695 Case #:BB2015011243 - Owner's Name: BABYLON INTERNATIONAL INC The City of Miami Unsafe Structures Panel also ordered that, if compliance is not obtained within the time periods stipulated above, then the Building Official is further instructed to proceed in accordance with Chapter 10, Article VI of the City of Miami Code. There will be no further notices or communication from the City of Miami Unsafe Structures Panel regarding this case. This document may be recorded by the Building Official with the Public Records of Miami -Dade County. This recording will constitute constructive notice to all concerned as well as any subsequent purchaser, that a decision has been rendered by the City of Miami Unsafe Structures Appeal Panel on the above referenced property in that the property in question is an Unsafe Structure and cannot be occupied until the Violation(s) are cured. Any costs associated with this case and this hearing shall be declared a special assessment pursuant to Chapter 10. Article VI of the City of Miami Code and Chapter 8-5 of the Miami -Dade County Code. Likewise, and to avoid additional hazards, the Electrical Service to the Unsafe Structure will be disconnected and will remain disconnected until the Violation(s) has been fully cured. Permits for the structure(s) located at the above address must be obtained from the City of Miami Building Department - 444 SW 2 Avenue. (4th floor), Miami. FL. 33130. The City of Miami Unsafe Structures Panel is Quasi -Judicial. The decision and specified compliance date(s) are final and binding. Any person aggrieved by a decision of the City of Miami Unsafe Structures Panel may seek judicial review of that decision in accordance with the Florida Rules of Appellate Procedure. At a meeting of the Unsafe Structure Panel on 10/28/2015, a motion was made by Panel Member Kouchalakos, seconded by Panel Member Bared, that this Order be APPROVED, passed. Seconded By: Chair, Unsafe Structure Panel `' Raphaele Chiaifpetta Date Oct. 28, 2015 Cliy o1 Wand Page 2 Printed on 10/28/15 S: bn i,+ed into the public cord r itc (s) �1,, 1� on ZS Ci y Clerk CITY OF MIAMI OFFICE OF ZONING MEMORANDUM SUBMITTED INTO THE PUBLIC RECORD FOR ITEM(S) TO: Mariano Fernandez, Director of Building FROM: Barnab . n, Zoning Administrator DATE: July 15, 20 1 Revised) RE: Zoning Interpretation 11-0002 This Zoning Interpretation is issued to clarify and interpret Appendix A of Miami21. Specifically, Appendix A states that all demolitions of properties located within certain Neighborhood Conservation Districts shall require the issuance of a Waiver after referral to the Planning Department. Waivers, pursuant to Article 7.1.2.5(c) of Miami21, require that notice be sent to all abutting property owners as well as any other interested parties registered with the Office of NET. Article 7.1.2.5(d) further states that the Waiver cannot be issued prior to 30 days from the issuance of the notice. This requirement conflicts with properties that constitute a life safety hazard and have been deemed unsafe by the Miami -Dade County Unsafe Structures Board and/or a court of law. The purpose of the notice provisions and the Waiver requirements for demolitions of properties within Neighborhood Conservation Districts was to allow residents to voice their concerns about the possible destruction of properties that have historical or aesthetic value to the neighborhood. Properties that are deemed life safety hazards, however, and which have been declared unsafe have no historical or aesthetic value. Such properties should be immediately demolished in order to protect residents, prevent life safety issues, and add to the aesthetic value of the neighborhood. Accordingly, properties located in Neighborhood Conservation Districts that have been declared unsafe by either the Miami -Dade County Unsafe Structures Board or a court of competent jurisdiction shall not have to comply with the Waiver requirements of Appendix A of Miami21. This interpretation shall be final unless appealed to the Planning, Zoning and Appeals Board within 15 days of the date of its issuance. cc: Commissioner Marc D. Sarnoff, District 2 Francisco Garcia, Director of Planning Haydee Wheeler, Director of NET Mariano Fernandez, Building Official Cedric Mar, Chief of Unsafe Structures Victoria Mendez, Assistant City Attorney Office of Zoning Doc. No.: Doc 1 (2) (2) (3) Submitted into the public cord fpr it m(s) V1.1 1ZS / I City Clerk BERCOW RADELL FERNANDEZ & LARKIN ZONING. LAND USE AND ENVIRONMENTAL LAW MEMORANDUM TO: Mayor and City Commission Members, City of Miami FROM: Jeffrey Bercow, Esq. Carli Koshal, Esq. Emily Batter, Esq. CC: Victoria Mendez, Esq. SUBJECT: Applicability of the Demolition by Neglect Principle relative to the Babylon Apartments DATE: January 23, 2018 The following memorandum provides a summary of the applicability of the demolition by neglect principle described in Chapter 23, Section 23-6.2(i) of the City of Miami Code of Ordinances (the "Code") to the Babylon Apartments (the "Babylon"). Section 23-2 of the Code defines demolition by neglect as the "deliberate or inadvertent failure to maintain minimum maintenance standards for those properties designated historic either individually or as a contributing property within a historic district by action of the historic and environmental preservation board." [Emphasis added]. Section 23-6.2(i)(1) provides that the prohibition on demolition serves "to preserve from deliberate negligence, or inadvertent neglect the exterior features of property designated historic and the interior portions thereof when maintenance is necessary to prevent deterioration and decay of the property." [Emphasis added]. Analysis. The description of the demolition by neglect concept is located within the Historic Preservation section of the Code as, by definition, only historically designated properties can be demolished by neglect. Section 23-2 of the Code explicitly states that demolition by neglect applies exclusively to properties that have been "designated historic." The intent of the rule is to shift a duty onto property owners to maintain their historic properties. It aims to prevent property owners from allowing their 1 Submitted into the public record for itc n(s) \) 7 3 1.5 . City Clerk historic buildings to deteriorate and then argue that the cost of repairs is a hardship in favor allowing for demolition. However, in the interest of logic and justice, historic designation must precede a determination that a property owner is guilty of demolition by neglect. Case law in this area generally pertains to parties trying to prevent demolition of a historic property or argue that a property is not historic in order to obtain a demolition permit. See, e.g., Far Niente, LLC, v. City of Key West, 209 So.3d 43 (3d DCA 2017) (upholding partial demolition and remodeling of a home in a historic district). Across the nation, demolition by neglect occurs when the property owner allows the building to deteriorate in the hopes that the building will self-destruct or require demolition. See City of New York v. Seguine Bay Estates, LLC, 52 N.Y.S.3d 245, 2016 WL 76374962016, at *15 (N.Y. Sup. Ct. 2016). However, there is limited case law on demolition by neglect within the state of Florida. Presumably, this gap exists because it is impossible to have demolition by neglect when a property is not yet designated historic. The Babylon's History. The Babylon's history is critical to understanding the potential applicability of the demolition by neglect concept. Specifically, the City determined the Babylon was a safety hazard and required demolition prior to its historic designation. The Babylon's recent timeline is below: • October 28, 2015: The City of Miami Unsafe Structures Panel deemed the Babylon unsafe and ordered it to be demolished. • March 9, 2016: The owner submitted an application for a demolition permit to the City. • April 5, 2016: Historic and Environmental Preservation Board (the "HEPB") Vice - Chair requested a Preliminary Designation Report. • April 6, 2016: The demolition permit was ready to be issued, however the City's Preservation Officer stopped the process. • July 5, 2016: The HEPB approved the historic designation of the Babylon. • July 26, 2016: The owner of the Babylon filed an appeal of the HEPB's decision. It is important to note that the Babylon was deemed unsafe, and ordered for demolition, months prior to the proposed designation. Accordingly, it is impossible for the Babylon have been demolished by neglect. Additionally, the HEPB's decision is still pending review of the City Commission, and therefore, is not a final decision under the traditional concept of finality. See Florida Power Corp. v. Garcia, 780 So. 2d 34, 44 (Fla. 2001) ["The doctrine of decisional finality provides that there must be a 'terminal point in every proceeding both administrative and judicial, at which the parties and the public may rely on a decision as being final and dispositive of the rights and issues involved therein." (quoting Austin Tupler Trucking, Inc. v. Hawkins, 377 So.2d 679, 681 (Fla. 1979))]. Specifically, Florida case law requires that all administrative remedies available must be 2 Submitted into the public �., record frr itc n(`) l(� 5 on \/LS /�i • `'ity Clerk exhausted before a decision is final. See City of Coral Gables v. Fortun, 785 So. 2d 741, 742 (Fla. Dist. Ct. App. 2001); De Carlo v. Town of W. Miami, 49 So.2d 596, 596-97 (F1a.1950); State Dept. of Envtl. Prot. v. PZ Constr. Co., Inc., 633 So.2d 76, 78-79 (Fla. 3d DCA 1994). The decision that the Babylon is historic is not final because, pursuant to Section 23-4(c)(7) of the Code, the administrative remedies have not been exhausted: the appeal to the City Commission is outstanding. The historic designation is not complete until the City Commission has reviewed and considered the Babylon's appeal. It is particularly impossible for demolition by neglect to apply to the Babylon given the City's own policies on unsafe structures. In 2011, the City's Zoning Administrator explained in Official Zoning Interpretation 11-0002 that "properties that are deemed life safety hazards..., and which have been declared unsafe have no historical or aesthetic value. Such properties should be immediately demolished in order to protect residents, prevent life safety issues, and add to the aesthetic value of the neighborhood." Memorandum from Barnaby L. Min, Zoning Administrator to Mariano Fernandez, Director of Building (July 15, 2011) (on file with the City of Miami Zoning Department). Here, the Babylon was declared unsafe and ordered to be demolished in October 2015. Applying Mr. Min s explanation, the Babylon should not have been considered historic because the demolition order devalued any potential historic merit the Babylon may have had. Conclusion. Demolition by neglect applies to historically designated properties which property owners have allowed to deteriorate. The owners of the Babylon cannot be found guilty of demolition by neglect because the building's designation is still pending appeal and the proposal for historic designation was made several months after being found unsafe and ordered for demolition. 3 Submitted into the pu 'ic record forite (s) Vr IL7 Ci.y Clerk CITY OF MIAMI OFFICE OF ZONING MEMORANDUM SUBMITTED INTO THE PUBLIC RECORD FOR ITEM(S) � ONE TO: Mariano Fernandez, Director of Building FROM: Barnab n, Zoning Administrator DATE: July 15, 20 1 Revised) RE: Zoning Interpretation 11-0002 This Zoning Interpretation is issued to clarify and interpret Appendix A of Miami21. Specifically, Appendix A states that all demolitions of properties located within certain Neighborhood Conservation Districts shall require the issuance of a Waiver after referral to the Planning Department. Waivers, pursuant to Article 7.1.2.5(c) of Mianu21, require that notice be sent to all abutting property owners as well as any other interested parties registered with the Office of NET. Article 7.1.2.5(d) further states that the Waiver cannot be issued prior to 30 days from the issuance of the notice. This requirement conflicts with properties that constitute a life safety hazard and have been deemed unsafe by the Miami -Dade County Unsafe Structures Board and/or a court of law. The purpose of the notice provisions and the Waiver requirements for demolitions of properties within Neighborhood Conservation Districts was to allow residents to voice their concerns about the possible destruction of properties that have historical or aesthetic value to the neighborhood. Properties that are deemed life safety hazards, however, and which have been declared unsafe have no historical or aesthetic value. Such properties should be immediately demolished in order to protect residents, prevent life safety issues, and add to the aesthetic value of the neighborhood. Accordingly, properties located in Neighborhood Conservation Districts that have been declared unsafe by either the Miami -Dade County Unsafe Structures Board or a court of competent jurisdiction shall not have to comply with the Waiver requirements of Appendix A of Miami21. This interpretation shall be final unless appealed to the Planning, Zoning and Appeals Board within 15 days of the date of its issuance. cc: Commissioner Marc D. Sarnoff, District 2 Francisco Garcia, Director of Planning Haydee Wheeler, Director of NET Mariano Fernandez, Building Official Cedric Mar, Chief of Unsafe Structures Victoria Mendez, Assistant City Attorney Office of Zoning Doc. No.: Doc 1 (2) (2) (3) Submitted into publi cord or it m(s) on 1/Z$ �. City Clerk NATIONAL REGISTER BULLETIN Technical information on the the National Register of Historic Places: survey, evaluation, registration, and preservation of cultural resources U.S. Department of the Interior National Park Service Cultural Resources National Register, History and Education Guidelines for Evaluating and Nominating Properties that Have Achieved Significance Within the Past Fifty Years The mission of the Department of the Interior is to protect and provide access to our Nation's natural and cultural heritage and honor our trust responsibilities to tribes. This material is partially based upon work conducted under a cooperative agreement with the National Conference of State Historic Preservation Officers and the U.S. Department of the Interior. Cover When constructed in 1927, Central High School, Pulaski County, Little Rock, Arkansas, was named the "Most Beautiful High School Building in the Country." Designed by architect John Parks Almond, Central High School is exceptionally signifi- cant for architecture and for its role in the 1957 school desegregation crisis. Pictured here in front of the building are members of the National Guard called out by Arkansas governor Orval Faubus on September 2,1957. (Library of Congress Prints and Photo- graphs Division, LC-U9-1015-C-23) Submitted into the publi record for itrnl(s)�, on 1%Z5 Jj t . City Clerk Submitted into the publi record f iter t(s) vZ. _ t City clerk NATIONAL REGISTER BULLETIN Guidelines for Evaluating and Nominating Properties that Have Achieved Significance Within the Past Fifty Years by MARCELLA SHERFY W. RAY LUCE U.S. Department of the Interior National Park Service National Register of Historic Places Revised 1990; 1996; 1998 Originally published 1979 Submitted into the pub.: rvo.d s - L1 on 1 / 1.5 I City Clerk TABLE OF CONTENTS PREFACE ... ... II ACKNOWLEDGEMENTS I. INTRODUCTION 1 II. HISTORIC CONTEXT 3 III. SCHOLARLY EVALUATIONS 4 IV. FRAGILE OR SHORT-LIVED RESOURCES 5 V. TIME 6 VI. COMPARATIVE EVALUATION OF THE SIGNIFICANCE OF A PROPERTY 8 VII. ASSOCIATION WITH LIVING PERSONS 9 VIII. PROPERTIES IN HISTORIC DISTRICTS 10 IX. JUSTIFYING THE IMPORTANCE OF PROPERTIES THAT HAVE ACHIEVED SIGNIFICANCE IN THE PAST FIFTY YEARS 11 X. EXAMPLES 12 XL SUMMARY 15 XII. SUGGESTED READINGS 16 XIII. NATIONAL REGISTER CRITERIA FOR EVALUATION 17 XIV. NATIONAL REGISTER BULLETINS 18 i Submitted into the public record or it_ a(s) _. (:�:- Clcrk en PREFACE When it was established in 1966, the National Register of Historic Places provided official recognition for the nation's heritage and encour- aged public participation in the pro- tection of historic places. The framers of the 1966 Act envisioned the Na- tional Register as a broad list of his- toric properties that reflected "the spirit and direction of the Nation." In order to assure historical perspective and avoid judgments based on cur- rent or recent popular trends, the 50- year period was established as a guide for evaluating the historic re- sources worthy of preservation. However, the National Register Crite- ria for Evaluation provided for the recognition of historic places that achieved significance within the past 50 years; a property of that vintage may be eligible if it is of exceptional importance at the national, State, or local level. Over the past three decades, Crite- ria Consideration G has proved a rea- sonable test for the historic signifi- cance of properties achieving signifi- cance within the past 50 years. As of the end of 1994, 2,035 properties (out of approximately 64,000 total listings) had been listed in the National Regis- ter under Criteria Consideration G. Of these, 464 listed properties reflect some aspect of the nation's history since 1950, and 77 of these places ex- clusively reflect some aspect of our history since 1974. Many of these properties are recognized for their ex- traordinary role in our nation's his- tory; however, approximately one- third are listed for their exceptional importance in community history. Since it was first published in 1979, this bulletin has guided the evalua- tion of properties from the Depression era and the World War II period. This edition moves on to the next major Interior, Graceland, Memphis, Shelby County, Tennessee. Graceland, listed on the National Register in 1991, is exceptionally significant because of its association with Elvis Presley, who revolutionized popular entertainment in the United States during the 1950s and 1960s. (Jennifer Tucker, Tennessee Historical Commission, 1991) period of time: the post -World II era. Depending on the historical event or pattern of events, significant persons, or architectural movements, the post - World War lI period can stretch through the mid-1960s (Civil Rights Movement); the mid-1970s (end of the Vietnam war); the early 1980s (end of the Modern Movement in architec- ture); the late 1980s (end of the Cold War); or some other logical end date. This bulletin's third update is is- sued at a time when several other or- ganizations —such as the Association for Preservation Technology, the Na- tional Trust for Historic Preservation, and the Society for Commercial Ar- cheology —have expressed increased interest in the recent past through special publications on the subject. The conference, "Preserving the Re- cent Past," held March 30-April 1, 1995, in Chicago, Illinois, is another important indicator of popular and professional commitment to preserv- ing significant historic properties of the recent past. Directed by the late H. Ward Jandl, the conference served as an important forum for discussing a wide range of issues associated with historic properties of the 20th century. The properties that have been listed under Criteria Consideration G illus- trate public recognition of these places as truly historic. We thank these indi- viduals and organizations and the publication's original authors for their continued interest in the subject. Carol D. Shull Keeper, National Register of Historic Places National Park Service US. Department of the Interior ii Subm, ccr' foron �r ACKNOWLEDGEMENTS City Clerk This bulletin was first issued in 1979 as "How to" #2 and written by then National Register historians Marcella Sherfy and W. Ray Luce. Patrick W. Andrus, historian with the National Register of Historic Places, and the authors revised the text and produced the 1990 version of the bul- letin, renamed National Register Bul- letin 22, which included a discussion of historic properties of the World War II period. The examples cited in this third edition of the bulletin are derived largely from the essay that Carol D. Shull and Beth L. Savage pre- pared for the "Preserving the Recent Past" conference of 1995: "Trends in Recognizing Places for Significance in the Recent Past," which summarized recent listings of properties under Cri- teria Consideration G. The National Park Service prepared this bulletin pursuant to the National Historic Preservation Act of 1966, as amended, which directs the Secretary of the In- terior to develop and make available information concerning historic prop- erties. Guidelines for Evaluating and Nominating Properties that have Achieved Significance Within the Past Fifty Years was developed under the general editorship of Carol D. Shull, Keeper of the National Register of Historic Places. Beth L. Savage and Sarah Dillard Pope coordinated the publication of the fourth edition of this bulletin. Tanya M. Velt, Rama R. Badamo, Antoinette J. Lee and Mary M. Kell produced earlier versions. Comments on this publication may be directed to: Keeper of the National Register of Historic Places, National Park Service, 1849 C Street, NW, NC 400, Washington, D.C. 20240. I. INTRODUCTION Submitt i o the public recordlIfor item(s) on I nis g City Clerk Properties that have achieved sig- nificance within the past 50 years may be listed in the National Register of Historic Places, according to the Na- tional Register Criteria for Evaluation, only if they are of "exceptional impor- tance," or if they are integral parts of districts that are eligible for listing in the National Register. This principle safeguards against listing properties which are of only contemporary, fad- dish value and ensures that the Na- tional Register is a register of historic places. The Criteria for Evaluation are not designed to prohibit the consideration of properties whose unusual contribu- tion to the development of American history, architecture, archeology, en- gineering, and culture can dearly be demonstrated. The Criteria for Evalu- ation provide general guidance on National Register eligibility. How- ever, the 1966 National Historic Pres- ervation Act did not assume that sig- nificance could be a matter of rigid, objective measurement. It specifically encourages the recognition of locally significant historic resources that, by appearance or association with per- sons or events, provide communities with a sense of past and place. The historical value of these resources will always be a combined matter of pub- lic sentiment and rigorous, yet neces- sarily subjective, professional assess- ment. Hence the Criteria for Evalua- tion, including their discussion of properties of recent significance, were written to offer broad guidance based on the practical and philosophical in- tent of the 1966 Act. As a general rule, properties that have achieved significance within the past 50 years are not eligible for Na- tional Register listing because the Na- tional Register is intrinsically a compi- lation of the Nation's historic re- sources that are worthy of preserva- tion. The National Register does not include properties important solely for their contemporary impact and visibility, and it rarely is possible to evaluate historical impact, role, or relative value immediately after an event occurs or a building is con- structed. The passage of time is nec- essary in order to apply the adjective "historic" and to ensure adequate per- spective. To be a useful tool for pub- lic administration, the National ter cannot include properties of only transient value or interest. The pas- sage of time allows our perceptions to be influenced by education, the judg- ment of previous decades, and the dispassion of distance. In nominating properties to the National Register, we should be settled in our belief that they will possess enduring value for their historical associations, appear- ance, or information potential. Fifty years is obviously not the only length of time that defines "his- toric" or makes an informed, dispas- sionate judgment possible. It was chosen as a reasonable, perhaps popu- larly understood span that makes pro- fessional evaluation of historical value feasible. The National Register Crite- ria for Evaluation encourage nomina- tion of recently significant properties if they are of exceptional importance to a community, a State, a region, or the Nation. The criteria do not de- scribe "exceptional," nor should they. Exceptional, by its own definition, cannot be fully catalogued or antici- pated. It may reflect the extraordi- The interior of the Drafting Studio at Taliesin West, Maricopa County, Arizona, illustrates the unique method of architectural training available at Taliesin West, which had exceptional influence on post -World War 11 architectural design in the United States. (Courtesy of the Taliesin West Foundation, 1964) nary impact of a political or social event. It may apply to an entire cat- egory of resources so fragile that sur- vivors of any age are unusual. It may be the function of the relative age of a community and its perceptions of old and new. It may be represented by a building or structure whose develop- mental or design value is quickly rec- ognized as historically significant by the architectural or engineering pro- fession. It may be reflected in a range of resources for which a community has an unusually strong associative attachment. Thus a complete list of exceptionally significant resources cannot be prepared or precise indica- tors of exceptional value prescribed. The following discussion offers guid- ance for the reasoning and evaluation applicable to properties that have achieved significance in the past 50 years. It also offers direction on pre- paring Statements of Significance for National Register nominations (Sec- tion 8 of the National Register regis- tration form, NPS Form 10-900) of such properties. Submitted into the public -ccordfor it m(s) 1511L City Clerk As the home of the American Bandstand program from 1952 to 1963, the 1947 WFIL Studio in Philadelphia, Pennsylvania, is exceptionally significant in the early development of the television industry. (Susan Shearer,1986) 2 Submitted into the publ' record f r ite (s} \L, 13 on �/ City Clerk II. HISTORIC CONTEXT All National Register nominations should be based upon an understand- ing of the historic context with which the nominated resource is related. Historic context refers to all of those historic circumstances and factors from which the property emerged. Knowledge of historic context permits us to understand the relative impor- tance of the resource in question. Evaluating a property within its his- toric context ensures accuracy in un- derstanding its role and in making comparisons among similar resources. As defined in Webster's dictionary, context is comprised of the "interre- lated conditions in which something exists or occurs." An understanding of the context of a historic resource is based on knowledge of the time, his - The primary innovation of Radburn, Bergen County, New Jersey, was the separation of pedestrian and vehicular traffic. Radburn, planned by Clarence Stein and Henry Wright, was placed on the National Register in 1974 because of the exceptional influence its plan has had and continues to have on the planning of suburban communities. (Louis Di Ge►onimo, 1974) torical theme, and geographical area with which the property is associated. This involves understanding, among other things, the social, political, eco- nomic, artistic, physical, architectural, or moral environment that accounted for the presence of, as well as the original and current nature of, the re- source. Historic context will vary with resources. It may be as simple as sites associated with the lumber in- dustry in a particular county in the late 19th century, or as complex as the development of a national railroad line which was created by one set of physical, political, and economic forces, yet had different economic, so- cial, political, and architectural im- pacts on local communities and geo- graphic areas. A thorough under- standing of historic contexts for re- sources that have achieved signifi- cance in the past 50 years is essential for their evaluation. In evaluating and justifying exceptional importance, it is especially critical to identify the prop- erties in a geographical area that por- tray the same values or associations and determine those that best illus- trate or represent the architectural, cultural, or historical values being considered. Thus the first step in evaluating properties of recent signifi- cance is to establish and describe the historic context applicable to the re- source. 3 Si itted i to public record f%gr itc 1(,) on 1/1. ltR . QL,13 City Clerk III. SCHOLARLY EVALUATION A case can more readily be pre- sented and accepted for a property that has achieved significance within the past 50 years if the type of archi- tecture or the historic circumstances with which the property is associated have been the object of scholarly evaluation. The scholarly sources available to assist in evaluating prop- erties from the post -World War II era are becoming plentiful. Journals of architectural history, social history, landscape architecture, landscaping, industrial archeology, and urban de- velopment offer solid scholarship on many kinds of resources likely to be encountered. Previous National Reg- ister nominations may assist in estab- lishing appropriate context and addi- tional scholarship. Papers presented at conferences may contain research and analysis useful for resources of recent origin. In short, the application of scholarship —not popular social commentary —does not demand the presence of a published book. A wide and growing array of scholarly inter- est in historic properties can greatly assist evaluation of recent properties. G. Milton Small & Associates, Raleigh, Wake County, North Carolina, built 1966. Designed by architect Milton Small, this small office building shows Small's mastery of the language of architectural expression developed by Mies van der Rohe, a dominant force in American building in the 1950s and 1960s. (Bill Garrett, North Carolina Division of Archives and History,19941 4 Submitted into ' P. pub is cord f9r iteln(s) IV. FRAGILE OR SHORT-LIVED RESOURCES Built in 1912, the AFRICAN QUEEN did not achieve fame unti11951 when it played a starring role in the hit film of the same name. The vessel is currently located in Monroe County, Florida. (Arthur Lemon, Wisconsin Center for Film and Theater Research, 1951) The Baltimore -Washington Parkway in Anne Arundel and Prince George's counties, Maryland, was constructed between 1942 and 1954 as a component of a national r parkway system. (Sara Amy Leach, April, 1988) Some resources acquire historical qualities before the passage of 50 years because they either were not built to last that long, or, by their na- ture, are subject to circumstances that destroy their integrity before 50 years have elapsed. Such resources are viewed by scholars and by the public as "old" even before they are 50 years old. World War II frame temporary buildings were often constructed to meet temporary, intense demands for housing or office space and were not constructed to last long. While they tended to be viewed as automatically expendable, many in fact did survive for decades after the war. Mining structures in the Rocky Mountain West region have a short life -span both because the effects of weather and because entrepreneurs did not in- vest much in their construction in or- der to maximize gain and/or limit fi- nancial risks. Federal tax laws, com- petition within industry, changing transportation routes, and shifts in consumer tastes have jeopardized many early motel or motor court com- plexes, shopping centers, and other roadside buildings. Their rate of sur- vival with integrity from the post - World War II era is very low. Many highways from that same era have un- dergone "improvements" that result in the loss of historic engineering qualities and original materials. The fact that a resource is jeopardized by a specific pro posed project does not, in and of itsnj , render that resource more historically important than if it were not threatened. But one may evaluate whether a type or category of resources —as a whole —has faced Loss at such a rate that relatively young survivors can be viewed as excep- tional and historic. 5 V. TIME S' bmit�ttcd ' c� 13 or1/ ZS/ l) Ci C k There are several specific issues re- lating to time that should be ad- dressed in evaluating a less than 50- year-old property. The 50 year period is an arbitrary span of time, designed as a filter to ensure that enough time has passed to evaluate the property in a historic context. However, it was not designed to be mechanically ap- plied on a year by year basis. Gener- ally, our understanding of history does not advance a year at a time, but rather in periods of time which can logically be examined together. For example, events that relate to the Cold War can best be evaluated in relation to other events or properties from the same period. This means that our ability to evaluate properties moves forward in uneven leaps of years. It should be determined whether the period under consideration calls for a routine historical evaluation or whether the period needs to be viewed in the context of exceptional importance. Without such a determi- nation, certain properties which have just passed the 50-year point might be given greater value, and those just less than 50 years old might be inap- propriately ascribed less importance, when the resources should have been evaluated together to determine their relative significance. Several such pe- riods have been examined since the National Historic Preservation Act was passed in 1966. The 50-year pe- riod at that time did not yet include World War I. Soon after the law was passed properties related to the First Nuclear Energy, sculpture by Henry Moore commemorates the first controlled low nuclear chain reaction. The site, on the campus of the University of Chicago, was declared a National Historic Landmark in 1983. Chicago, Cook County, Illinois (Blanche H. Schroer, National Park Service, May 1975) World War were evaluated but that evaluation only made sense when ex- amined for the entire war, not on a yearly basis. Similar leaps have been involved with the "Roaring Twenties" and the Depression and the Federal government's response to it. During the past 20 years we have been able to evaluate and list properties, in many categories, constructed or achieving significance during those years, in- cluding: Federal projects during the Depression and World War II, the de- velopment of air transportation, Art Deco and the International styles of architecture, scientific advances, and sites related to numerous political and social events and individuals. There is now sufficient perspective to enable an evaluation of a number of properties related to the post -World War II era. Some topics for evalua- tion under Criteria Consideration G include post -World War II develop- ment projects; the growth of subur- ban subdivisions, shopping malls and commercial strip development; the expansion of educational, recre- ational, and transportation facilities; the Civil Rights movement; the ad- vent of the United States space pro- gram; the Vietnam War; and the im- pact of historic preservation on American cities, towns, and rural ar- eas. An evaluation of some of these categories of resources before others might be possible, either because spe- cific scholarly studies are available, or there exists general historical knowl- edge about the period or the signifi- cance of the resource. A second con- sideration regarding time is that the appropriate date from which to evaluate a property for exceptional significance is not always the date of construction, but rather, the point at which the property achieved signifi- cance. The significance of an architec- turally important property can be charted from the time of its construc- tion. But the significance of proper- ties important for historical associa- 6 lions with important events or per- sons should be dated from the time of the event or the period of association with a historically important indi- vidual. For example, Flannery O'Connor's home, Anadalusia, in Milledgeville, Georgia, is significant for its association with O'Connor. She was renowned as a short -story writer of the post -World War II generation, who used the Southern landscape as a major force in shaping her fiction. The period of significance dearly begins in 1951 when she moved there, rather than the early 20th century when the complex of buildings was con- structed. Thus, although a property may be more than 50 years of age, if it is significant solely for a reason that dates from within the past 50 years, it must be exceptionally important to be listed in the National Register. Third, the more recently a property has achieved significance, generally, the more difficult it is to demonstrate exceptional importance. The case for exceptional importance is bolstered when there is a substantial amount of professional, documented materials on the resource and the resource type. A property listed in the National Reg- ister 10 or 15 years after it has 11111W achieved significance requires dear, widespread recognition of its value to demonstrate exceptional importance. For example, Dulles International Airport Terminal, Loudoun County, Virginia, built in 1962, was deter- mined eligible for the National Regis- ter in 1978. That action was based on the ability to evaluate the buil • compared with other modern d- ings and recent airports. Dulles Air- port was immediately recognized as one of the most important post -World War II American architectural master- pieces and one of the most innovative airport designs. A 1976 American In- stitute of Architects' poll selected the building as the third most significant building in the Nation's first 200 years. The building has been widely recognized in professional publica- tions as exceptionally important in the history of American architecture. Sub itted into the publj. cord f r ite (s) on \!LS / 1'? . City Clerk Associated with author Flannery O'Connor's productive career,1951-1964, Andalusia, Milledgeville, Baldwin County, Georgia, is where O'Connor lived and did most of her writing. (fames R. Lockhart, Georgia Department of Natural Resources, June, 1979) 7 VI. COME'ARATIVE EVALUATION OF THE SIGNIFICANCE OF A PROPERTY After determining the theme and appropriate time or chronological pe- riod with which a property is associ- ated, the geographic limits of the property's context must be estab- lished. Exceptional importance does not necessarily mean national signifi- cance; rather, it is a measure of a property's importance within the ap- propriate historic context, whether the geographic scale of that context is lo- cal, State, or national. In other words, is the property best understood within the framework of a commu- nity, a river valley, a region, the State, or the Nation? In evaluating and jus- tifying exceptional importance, it is critical to identify the properties in a geographical context that portray the same values or associations and deter- mine those that best illustrate or rep- resent the historical, architectural, cul- tural, engineering, or archeological values in question. The scope or level (local, State, or national) at which this evaluation is made is directly related to the geographic level or "scale" of the property's historic context. For example, properties whose impor- tance relates only to local mining ac- tivities need only be compared to oth- ers found in that locality to determine their comparative value. 8 Submitted o publ'c cord f r ite s) Yt.1$ . Ci y Clerk VII. ASSOCIATIONS WITH LIVING PERSONS On rare occasions, properties asso- ciated with individuals still living have been listed in the National Reg- ister. However, the nomination of such properties is strongly discour- aged in order to avoid use of the Na- tional Register listing to endorse the work or reputation of a living per- son. Periodically, however, sufficient scholarship and evidence of histori- cal perspective exist to list a property associated with living persons whose active life in their field of endeavor is over. In these instances, sufficient time must have elapsed to assess both their field and their contribution in a historic perspective. For example, two properties in Columbus, Ohio, as- sociated with the folk artist Elijah Pierce were listed in the National Reg- ister even though the artist was still alive and had achieved significance within the past 50 years. It was dem- onstrated that Mr. Pierce's body of work was widely recognized as being exceptionally important within the realm of folk art. The buildings (his residence and barbershop/art gallery) were the only extant properties associ- ated with the artist and that association was long standing (30-40 years). At the time of the nomination Mr. Pierce was 92 years old, and it was unlikely that he would produce additional works which would require a major re-evalu- ation of his contribution to folk art. One of America's preeminent folk artists, woodcarver Elijah Pierce, b. 1892, worked in this barbershop/art gallery and lived in the adjacent residence in Columbus, Franklin County, Ohio, for more than thirty years. Because of the exceptional importance of Pierce's work, the EIijah Pierce Residence and Gallery was listed the National Register while Pierce was still living. (Kojo Kamau, July, 1982) For further guidance on this topic see Guidelines for Evaluating and Documenting Properties Associated with Significant Persons. 9 VIII. PROPERTIES IN HISTORIC DISTRICTS Under the National Register Crite- ria there are two ways that a property that has achieved significance within the past 50 years can be eligible for the National Register. First, as dis- cussed above, a property can be indi- vidually listed if it is exceptionally important. Properties can also qualify if they are an "integral part" of a his- toric district that qualifies for Na- tional Register listing. Properties that are integral parts of a district do not need to be individu- ally eligible for the National Register or of individual exceptional impor- tance. An explicit explanation must, however, be given as to how they qualify as integral parts of the district. This is demonstrated by documenting that the property dates from within the district's defined period of signifi- cance and that it is associated with one or more of the district's defined areas of significance. Properties less than 50 years old may be integral parts of a district when there is sufficient perspective to consider the properties as historic. This is accomplished by demonstrat- ing that: (a) the district's period of significance is justified as a discrete period with a defined beginning and end; (b) the character of the district's historic resources is clearly defined and assessed; (c) specific resources in the district are demonstrated to date from that discrete era; and, (d) the majority of district properties are over 50 years old. In these instances it is not necessary to prove exceptional im- portance of either the district itself or of the less-than-50-year-old proper- ties. Exceptional importance still must be demonstrated for districts where the majority of properties or the major period of significance is less than 50 years old, and for less -than 50-year-old properties that are nomi- nated individually. Historic districts with less-than-50 year -old properties that share ele- ments of historical and architectural significance of the districts illustrate the policy discussed above. For ex- ample, some historic districts repre- sent planned communities whose plan, layout of the streets and lots, and original construction of homes all began more than 50 years ago. Fre- quently, construction of buildings continued into the less-than-50-year period, with the later resources result- ing from identical historical patterns as the earlier buildings and represent- ing a continuation of the planned community design. In instances where these later buildings make up only a small part of the district, and reflect the architectural and historic significance of the district, they can be considered integral parts of the dis- trict (and contributing resources) without showing exceptional impor- tance of either the district or the less- than-50-year-old buildings. While some districts have a unified historic and/or architectural develop- ment, it is important to recognize that integral does not mean that a district must have homogeneous resources or significance. Districts can also include diverse resources that represent the area's development over time. A commercial or residential area, for ex- ample, may form a unified whole, but have resources built in a variety of styles over a long period of time. In such a context, a post -World War II movie theater or recreation facility may have increased significance be- cause these are important buildings and represent that period of the district's history. Thus such buildings often are integral parts of districts in which they are located. 10 Submitted into ' public cord f r ite (s) �t4 13 1%,5 / . City Clerk IX. JUS 1'IFYING THE IMPORTANCE OF PROPERTIES THAT HAVE ACHIEVED SIGNIFICANCE IN THE PAST FIFIY YEARS The National Register nomination documentation for properties of re- cent significance must contain deliber- ate, distinct justification for the "ex- ceptional" importance of the resource. The clarity and persuasiveness of the justification is critical for registering properties that have gained impor- tance in the past 50 years. The rationale or justification for exceptional importance should be an explicit part of the statement of sig- nificance. It should not be treated as self-explanatory. Nominations must make a persuasive, direct case that the grounds —the historic context —for evaluating a property's exceptional importance exist and that the prop- erty being nominated is, within that context, exceptional. This justification must address two issues at the begin- ning of a nomination's Statement of Significance. The first section should contain, as described in How to Com- plete the National Register Registration Form, a straightforward description of why the property is historically sig- nificant —with direct reference to the specific relevant National Register Criteria. Detailed guidance on this topic is contained in Guidelines for Ap- plying the National Register Criteria for Evaluation. The second section should contain the justification as to why the property can be determined to be of exceptional importance. It must dis- cuss the context used for evaluating the property. It must demonstrate that the context and the resources as- sociated with it can be judged to be "historic." It must document the exist- ence of sufficient research or evidence to permit a dispassionate evaluation of the resource. Finally, it must use the background just presented to summarize the way in which the re- source is important. The Onondaga County War Memorial in Syracuse, New York, was erected in the post -World War era as a "living memorial" to those who served in the armed forces. It is an exceptional example of contemporary concrete thin shell vault construction. (John H. Fooks, 1949-1951) 11 Submitted into public ord f r ite (s \?) on 1 / 7.5 / City Clerk X. EXAMPLES The following properties, whose period of significance extends to less than 50 years ago, have been listed in or determined eligible for the Na- tional Register. The list is not exhaus- tive, but is intended to illustrate the range of such National Register prop- erties. The thematic approach, that is, studying all or most of the properties related to a historic theme in a given area may be used in nominating groups of historic properties associ- ated with the post -World War II era. The Multiple Property Documenta- tion Form is an excellent way to evaluate and nominate groups of properties. While all properties must meet at least one of the National Reg- ister Criteria, many qualify for more than one. Criterion A recognizes properties that have made a signifi- cant contribution to the broad pat- terns of our history. Criterion B al- lows the listing of properties that are associated with the lives of persons significant in our past. Criterion C recognizes properties that are archi- tecturally significant. And Criterion D applies to properties that have yielded or may be likely to yield in- formation important in prehistory or history. (See section XIII. National Register Criteria for Evaluation.) Under National Register Criterion A, properties associated with a variety of exceptionally important historic events have been listed. For example, the inception of the American space program can now be viewed in a his- toric perspective. Properties in the National Register associated with the space program include research cen- ters, such as the Propulsion and Struc- tural Test Facility at the George C. Marshall Space Flight Center in Huntsville, Alabama, and the Zero Gravity Research Facility at the Lewis Research Center in Cleveland, Ohio; launch sites, including Cape Canaveral Air Force Station in Florida, and Space Launch Complex 10 at Vandenberg Air Force Base in Lompoc, California; flight control fa- cilities, such as the Apollo Mission Control Center in Houston, Texas; and space vehicles such as the Saturn V in Huntsville, Alabama. The Fleischmann Atmospherium Planetarium in Reno, Nevada is ex- ceptionally important under Criterion A for its role in scientific research and education in Nevada. It was the first planetarium in the nation to feature a 360-degree projector capable of pro- viding horizon -to -horizon images, and through time-lapse photography, show an entire day's weather in a few minutes. In another example, the Stu- dent Center of Alaska Pacific Univer- sity in Anchorage, Alaska, served as the site of the 1971 Alaska Federation of Natives conference, which led to the momentous Alaska Native Claims Settlement Act of 1971. This act repre- sented the largest compensation ever paid to Native settlement claims. This property was evaluated as exception- ally important under Criterion A. In Topeka, Kansas, the Monroe School, now known as the Brown v. Board of Education National Historic Site, is significant as the property as- sociated with the 1954 landmark United States Supreme Court case, Brown v. Board of Education. In that decision, a state's action in maintain- ing segregation by providing "sepa- The Titan II ICBM Missile Site 8 (571- 7) in Pima County, Arizona, was listed in the National Register in 1992. This view shows a simulated vapor detection check by propellant transfer technicians. (David K. Stumpf, 1992) 12 rate but equal" public facilities was found unconstitutional. As a result, the 21 States with segregated public schools were forced to desegregate them. In 1994, the property was added to the National Park System. Under National Register Criterion B, the homes of exceptionally impor- tant persons, representing many fields of endeavor have been recognized. The Charlie Parker House in New York City is significant as the home of Charlie "Bird" Parker, creator of a jazz genre known as "be -bop," be- tween 1950 and 1954. During his resi- dency at the house, his career as a jazz master and prominent recording artist was established. The Silver Spring, Maryland home of Rachel Carson was designated a National Historic Land- mark. Occupied by her from 1956 to her death in 1964, the house is where she wrote Silent Spring which drew public attention to the poisoning of the earth and catapulted her to the forefront of the environmental protec- tion movement. Carson designed and oversaw the construction of the house to provide the domestic environment she needed for writing. Under National Register Criterion C, properties of recent vintage have been shown to have an exceptional impact at a variety of scales. The Le- ver House building in New York City, constructed between 1950-1952, is ar- chitecturally significant as one of the country's first corporate expressions of the International style in post - World War II America. The Norris and Harriet Coambs "Lustron House" built in Chesterton, Indiana, in 1950 is of exceptional architectural impor- tance at the local level as a rare and intact example of a significant manu- factured housing type employing an unusual building material. The Lustron House was constructed with a steel framing system to which por- celain enameled steel panels were at- tached. The house fits into the prefab- ricated housing tradition well estab- lished by firms such as Alladin and Sears in the early 1900s. The Onondaga County War Memorial, constructed in Syracuse, New York, between 1949 and 1951, is of excep- tional architectural importance at the local level as an early example of a "living memorial" erected in the post - World War II era to commemorate duty in the armed services. UST }. ►3 f �� City Clerk Important feats of engineering con- structed within the past 50 years also have been recognized in the National Register, such as the Gateway Arch in St. Louis, Missouri, designed in 1947 and constructed between 1963 and 1968, and listed under Criterion C. The 1956 Solar Building in Albuquer- que, New Mexico, was listed in the Na- tional Register in the area of engineer- ing because it was an early solar -heated commercial building, the equipment for which survived largely intact. It was constructed when active solar -energy systems were still considered experi- mental. It is often challenging to evaluate ar- chitectural properties of the post -World War II era one at a time. Several States have effectively used a thematic ap- proach and the Multiple Property Documentation Form to evaluate and nominate groups of properties that usually qualify under Criterion C as examples of particular architectural styles or methods of construction. The National Register listed several resi- dences in North Carolina nominated under the name `Early Modern Archi- tecture Associated with North Carolina State University School of Design." Completed in the spring of 1950, this pre -fabricated, all -metal Lustron House, Porter County, Indiana, was considered by many at the time to be the house of the future. (Beverly Overmeyer, April, 1992) 13 Dating from 1950 to 1968, the nomi- nated buildings employed structural innovations, were publicized widely in national and regional architectural periodicals, and form a distinctive body of work with identifiable traits from the beginning to the end of the period of significance. In a similar fashion, the State of Iowa prepared the "Iowa Usonian Houses by Frank Lloyd Wright MPS." Constructed between 1948 and 1960, the nominated properties grew out of Wright's second great productive pe- riod in his long career. The Usonian house "offered the hope that middle - income families could build afford- able homes of great architectural qual- ity during times when Americans faced unprecedented demands for af- fordable, single-family housing." The properties share the physical qualities of "a rigid geometry, horizontal de- tailing, warm colors, 'natural' materi- als, and a solid, sheltering character." The Iowa Usonian houses illustrate Wright's creative approaches to cost control through standardization and use of common materials. Sites nominated to the National Register under Criterion D, because they "have yielded or may be likely to yield information important in prehis- tory or history," are also very difficult to justify if they are derived from ac- tivities of the past 50 years. Scholarly information sufficient to determine the comparative value of recent ar- cheological sites tends to be very lim- ited. It is especially difficult to deter- mine what kinds of information can be derived from site remains as op- posed to that available in written records, oral testimony, and photo- graphs. This cautionary point does not constitute a prohibition of all such nominations, but it does illustrate the need for justifying and documenting the exceptional importance of recent archeological sites. 14 „„,XI. SUMMARY Submitted into the public record for it ^ _ (s) yL.11j on 1. %, 5 City Clerk The National Register Criteria for Evaluation encourage the listing of a property that has achieved signifi- cance within the past 50 years only if it is of exceptional importance or if it is a contributing part of a National Register eligible district. While that language sounds restrictive, the crite- ria are general principles that are ap- plied in specific contexts. The criteria discussion of recently significant properties is not intended to bar con- sideration of many resources that can be judged unusually important in the recent development of American his- tory, architecture, archeology, engi- neering, or culture. However, the cri- teria and National Register program require that nominations for such properties demonstrate that sufficient historical perspective and scholarly, comparative analysis exist to justify the claim of exceptional importance. 15 Subn °t d o : pubK L `� recoil f r itcin(s) on � %l� City Clerk XII. SUGGESTED READINGS Albrecht, Donald. World War II and the American Dream: How Wartime Building Changed a Nation. Cam- bridge, Mass.: The MIT Press, 1995. Jackson, Lesley. 'Contemporary': Archi- tecture and Interiors of the 1950s. London: Phaidon Press Ltd, 1994. Jackson, Michael. "Preserving What's New." APT Bulletin, Vol. XXIII, 1991 (special issue). Jackson, Michael, editor. Commercial Archeology Bibliography: Resources for the Road. Washington, D.C.: The Society for Commercial Archeol- ogy, 1995. Kelly, Barbara M. Expanding the American Dream: Building and Re- building Levittown. Albany, N.Y.: State University of New York Press, 1993. Longstreth, Richard, "When the Present Becomes the Past," in Past Meets Future, Antoinette J. Lee, edi- tor. Washington, D.C.: The Preser- vation Press, 1992. Luce, W. Ray, "Kent State, White Castles, and Subdivisions: Evaluat- ing the Recent Past," in Preserving the Recent Past, Deborah Slaton and Rebecca A. Shiffer, editors. Wash- ington, D.C.: Historic Preservation Education Foundation, 1995. Rowe, Peter G. Making a Middle Land- scape. Cambridge, Mass.: The MIT Press, 1991. Shiffer, Rebecca A., editor. "Cultural Resources From the Recent Past," CRM, Vol. 16,1993 (special issue). Shull, Carol D. and Beth L. Savage, "Trends in Recognizing Places for Significance in the Recent Past," in Preserving the Recent Past, Deborah Slaton and Rebecca A. Shiffer, edi- tors. Washington, D.C.: Historic Preservation Education Founda- tion, 1995. Slaton, Deborah and Rebecca A. Shiffer. Preserving the Recent Past. Washington, D.C.: Historic Preser- vation Education Foundation, 1995. Frank Lloyd Wright's Marin County Civic Center, Marin County, California, completed in 1958, is an ideal government complex in a beautiful suburban setting. (Aaron Green, Woodbridge,1990) 16 XIII. NATIONAL REGISTER CRITERIA FOR EVALUATION The National Register's standards for evaluating the significance of properties were developed to recog- nize the accomplishments of all people who have made a contribution to our country's history and heritage. The criteria are designed to guide State and local governments, federal agencies, and others in evaluating po- tential entries in the National Register. Criteria for Evaluation: The quality of significance in American history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, de- sign, setting, materials, workmanship, feeling, and association, and: A. that are associated with events that have made a significant contribu- tion to the broad patterns of our history; or B. that are associated with the lives of persons significant in our past; or C. that embody the distinctive charac- teristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and dis- tinguishable entity whose compo- nents may lack individual distinc- tion; or D. that have yielded, or may be likely to yield, information important in prehistory or history. Criteria Considerations: Ordi- narily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed his- toric buildings, properties primarily commemorative in nature, and prop- erties that have achieved significance within the past 50 years shall not be considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: a. a religious property deriving pri- mary significance from architec- tural or artistic distinction or his- torical importance; or b. a building or structure removed from its original location but which is significant primarily for architectural value, or which is the c. d. e. f. g• surviving structure most impor- tantly associated with a historic person or event; or a birthplace or grave of a historical figure of outstanding importance if there is no other appropriate site or building directly associated with his or her productive life; or a cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design fea- tures, or from association with his- toric events; or a reconstructed building when ac- curately executed in a suitable en- vironment and presented in a dig- nified manner as part of a restora- tion master plan, and when no other building or structure with the same association has survived; or a property primarily commemora- tive in intent if design, age, tradi- tion, or symbolic value has in- vested it with its own historical significance; or a property achieving significance within the past 50 years if it is of exceptional importance. Subn i record on into the public or it m City Clerk 17 XIV. NATIONAL REGISTER BULLETINS The Basics How to Apply National Register Criteria for Evaluation * -uru on Guidelines for Completing National Register of Historic Places Form Part A: How to Complete the National Register Form * Part B: How to Complete the National Register Multiple Property Documentation Form Researching a Historic Property * Subr into the public or item(s) Z► t �J City Clerk Property Types Guidelines for Evaluating and Documenting Historic Aids to Navigation Guidelines for Identifying, Evaluating and Registering America's Historic Battlefields Guidelines for Evaluating and Registering Historical Archeological Sites Guidelines for Evaluating and Registering Cemeteries and Burial Places to How to Evaluate and Nominate Designed Historic Landscapes Guidelines for Identifying, Evaluating and Registering Historic Mining Sites How to Apply National Register Criteria to Post Offices * Guidelines for Evaluating and Documenting Properties Associated with Significant Persons Guidelines for Evaluating and Documenting Properties That Have Achieved Significance Within the Last Fifty Years Guidelines for Evaluating and Documenting Rural Historic Landscapes * Guidelines for Evaluating and Documenting Traditional Cultural Properties * Nominating Historic Vessels and Shipwrecks to the National Register of Historic Places Technical Assistance Contribution of Moved Buildings to Historic Districts; Tax Treatments for Moved Buildings; and Use of Nomination Documentation in the Part I Certification Process Defining Boundaries for National Register Properties* Guidelines for Local Surveys: A Basis for Preservation Planning How to Improve the Quality of Photographs for National Register Nominations National Register Casebook: Examples of Documentation Using the UTM Grid System to Record Historic Sites The above publications may be obtained by writing to the National Register of Historic Places, National Park Service, 1849 C Street, NW, Washington, D.C. 20240. Publications marked with an asterisk (*) are also available in electronic form on the World Wide Web at www.cr.nps.gov/nr, or send your request by e-mail to nr reference@nps.gov. 18 • Sub1-1)114, ] 11110 tl?C ,nuuh?!c n r :ccoid is r'i^?ttt`;) vA on '1/1,4) /1. City Clerk BERCOW RADELL FERNANDEZ & LARKIN ZONING, LAND USE AMC' ENVIRONMENTAL LAW MEMORANDUM TO: Mayor and City Commission Members, City of Miami FROM: Jeffrey Bercow, Esq. Carli Koshal, Esq. Emily Batter, Esq. CC: Victoria Mendez, Esq. SUBJECT: Zoning History of the Brickell/Point View Area within the City of Miami as it relates to the Babylon Apartments DATE: January 19, 2018 The following memorandum provides a summary of the zoning changes in the Brickell/Point View Area within the City of Miami (the "City") as they relate to the Babylon Apartments (the "Babylon"). The Babylon property was platted in 1914 as part of the Amended Plat of Point View, recorded in the Official Records of Miami -Dade County at Plat Book 2, Page 93. Further, the Babylon was designed under the 1960 Comprehensive Zoning Ordinance, which was in effect until 1982 (when the Babylon was completed). Design Shift. The Babylon was designed to comply with the City's R-5 zoning district regulations. It was not representative of a shift in building typology in the Point View area. While it is true that the Point View area, now Brickell Bay Drive, was initially developed with large single-family homes, and over time the area was developed into high -density residential; this transition was well -underway by the time the Babylon was designed and constructed. Five (5) of the six (6) multifamily buildings along Brickell Bay Drive today were constructed prior to the Babylon, and all are significantly taller. See Map Excerpt, below. 1 cLl ';le public d or iteffl S) Z' V� Ci y Clerk 1 Number Address Name Year Built 1 1450 Brickell Bay Drive Costa Bella Condo 1977 2 1440 Brickell Bay Drive Brickell Shores Condo 1978 3 1430 Brickell Bay Drive Point View Apts / Bayshore Co -Op, Inc 1961 4 1420 Brickell Bay Drive Bayshore Place Condo 1973 5 1408 Brickell Bay Drive Brickell Bay Tower Condo 1964 6 1402 Brickell Bay Drive Commodore Bay Condo 1994 240 NE 14 Street Babylon Apartments 1982 There was no residential neighborhood south of the Babylon that needed protecting from scale and massing at the time the Babylon was built. The Babylon is, and has been, overshadowed between much larger structures, and is not emblematic of shifting development trends. Accordingly, more than cultural, political, economic, or social trends, the Babylon's design is reflective of its odd parcel shape and its zoning. Use Shift. The Brickell area was in a state of transition during the late 1970s and early 1980s. During this time, as described above, the Point View area was characterized by mid -rise multifamily buildings. In 1982, the City replaced the 1960 Comprehensive Zoning Ordinance with Ordinance 9500. The zoning of the Point View area reflected the 2 Submitted into the pubic tecc,, >_'"L,1� on \/75 / City Clerk multifamily residential character of the area. However, in 1983 several owners of property along Brickell Bay Drive sought a rezoning to permit office uses in this typically residential area. In 1983, Brickell was becoming an increasing prominent location for offices and office -related uses. The residents feared that if office uses were permitted on the Babylon, the residential character of the Point View area would change. Accordingly, the rezoning for the Babylon to permit limited office uses was approved subject to a Covenant (the "Covenant"). The Covenant was intended to provide the City and the neighbors assurance that Babylon would not become wholly commercial and change the character of the neighborhood as it existed at the time.1 However, in 1990 the Babylon property was rezoned by Ordinance 11000 to permit office uses entirely as of right; and in 2010 the Babylon property was rezoned by Miami 21 to permit mixed uses entirely as of right. While the Babylon's 1983 rezoning was contemporaneous with the Brickell area's growing pains, it's important to note that Babylon was already constructed by the time the rezoning and transitional concerns related to the Point View area arose. The Babylon's design did not change as a result of the change of permissible uses in and around the building. Accordingly, as the Babylon is not representative of a design shift within the Brickell area, it is also not representative of the shift in permissible uses of the area. 1 The Covenant contained two "burn -off" clauses: one related to the permissibility of increased FAR and one related to the permissibility of office uses in the Point View area. Both conditions precedent for the relief of the Covenant have been met. 3 Submitted into s pub *c cord or itgm(s) 11 ?� on City Clerk BERCOW RADELL FERNANDEZ & LARKIN ZONING, LAND USE AND ENVIRONMENTAL LAW DIRECT LINE (306) 377-6220 BMAI4 ]BercowObrzoninglaw.com VIA HAND DELIVERY January 19, 2018 Victoria Mendez, Esq. City Attorney, City of Miarni 444 SW Second Avenue, Suite 945 Miami, Florida 33130 a3AI333a RE: Request for Relief Related to the Declaration of Restrictions for 240 SE 14 Street Dear Ms. Mendez: This law firm represents Babylon International, Inc., the owner of the property located at 240 SE 14 Street, Miami, Florida (the "Property") within the City of Miami (the "City"). We respectfully request relief in the form of an Affidavit or Certificate from the City Attorney as described in Paragraph D of the Declaration of Restrictions related to the Property recorded in the Public Records of Miami -Dade County at Official Records Book 12000, Page 2469 (the "Covenant"). Property Description. The Property is located between SE 14 Terrace and SE 14 Street in the Point View area of Brickell. Miami -Dade County's Property Appraiser has assigned the Property reference Folio Number 01-4139-068-0001. The Property is approximately 15,000 square feet in size, and is improved with a five (5) story structure with thirteen (13) residential units. The structure was designed in the late 1970s under the City's 1960 Comprehensive Zoning Ordinance, to comply with the R-5 zoning district regulations. The Property has been rezoned a number of times: • 1982- Rezoned by Ordinance 9500 to the RG-3/7 zoning district, • 1983- Rezoned by private application to the RO-3/ 6 zoning district, • 1990- Rezoned by Ordinance 11000 to the 0 zoning district, • 2010- Rezoned by Miami 21 to the T6-8-R zoning transect. Request Relief of Covenant. The Covenant was proffered in connection with the 1983 private rezoning application ("1983 Rezoning") and was recorded on December 16, SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE eeo • MIAMI, FLORIDA 33131 PHONE. 306.874.6300 • PAX. 305.377.11222 • WWW.IRZONINOIAW.COM Submitted into the pubic record for itgm(s) Z1 \ 3 on City Clerk BERCOW RADELL FERNANDEZ & LARKIN ZONING). LAND USE AND ENNARONMENTAL LAW DIRECT LINE (305j 371.6220 EMAIL: ]BeroowObrzoninglaw.com VIA HAND DELIVERY January 19, 2018 Victoria Mendez, Esq. City Attorney, City of Miami 444 SW Second Avenue, Suite 945 Miami, Florida 33130 03AI3338 RE: Request for Relief Related to the Declaration of Restrictions for 240 SE 14 Street Dear Ms. Mendez: This law firm represents Babylon International, Inc., the owner of the property located at 240 SE 14 Street, Miami, Florida (the "Property") within the City of Miami (the "City"). We respectfully request relief in the form of an Affidavit or Certificate from the City Attorney as described in Paragraph D of the Declaration of Restrictions related to the Property recorded in the Public Records of Miami -Dade County at Official Records Book 12000, Page 2469 (the "Covenant"). Property Description. The Property is located between SE 14 Terrace and SE 14 Street in the Point View area of Brickell. Miami -Dade County's Property Appraiser has assigned the Property reference Folio Number 01-4139-068-0001. The Property is approximately 15,000 square feet in size, and is improved with a five (5) story structure with thirteen (13) residential units. The structure was designed in the late 1970s under the City's 1960 Comprehensive Zoning Ordinance, to comply with the R-5 zoning district regulations. The Property has been rezoned a number of times: • 1982- Rezoned by Ordinance 9500 to the RG-3/7 zoning district, • 1983- Rezoned by private application to the RO-3/6 zoning district, • 1990- Rezoned by Ordinance 11000 to the 0 zoning district, • 2010- Rezoned by Miami 21 to the T6-8-R zoning transect. Request: Relief of Covenant. The Covenant was proffered in connection with the 1983 private rezoning application ("1983 Rezoning") and was recorded on December 16, SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, BUTTE 860 • MIAMI. FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINOLAW.COM Subi vtt: d'Elto the public record for i1 m(s) ,.1_') on )/1_,< JI e City CiLrK Victoria Mendez, Esq. City of Miami, City Attorney January 19, 2018 Page 2 1983. See Exhibit A, the Covenant. The purpose of the 1983 Rezoning was to allow some commercial uses on the Property, while maintaining some residential units. It appears that the then -Property owners, only one year after construction was completed, were having difficulty finding tenants for the thirteen (13) residential units. The intent of the 1983 Rezoning was to provide some flexibility in the permissible uses on the Property. The Covenant was intended to provide the City and the neighbors assurance that Property would not become wholly commercial and change the character of the neighborhood as it existed at the time. The restrictions in the Covenant also include prohibition of structural modifications to the building; limitation to only residential, limited office, and banking uses;1 and limitation of all signage to the SE 14 Street side of the Property.2 The Covenant contains specific modification and release provisions, but more importantly, also provides automatic and ministerial relief clauses in the event of changed circumstances. First, the Covenant provides that "if the permitted FAR applicable to such area increases above the presently permitted, the subject property shall be relieved of the limitations contained herein which are more restrictive than the new district or regulations." See Exhibit A, pages 2-3. At the time the Covenant was executed, the Property was in the RO-3/7 zoning district and zoning Ordinance 9500 applied. See Exhibit E, 1983 Rezoning and Backup. Review of the floor area regulations of Ordinance 9500 indicates that for mixed residential and non-residential uses in the RO-3/7 district there was a maximum floor area ratio of 0.58 times the gross lot area. See Exhibit F, Ordinance 9500 Excerpt. The current Floor Lot Ratio ("FLR") in the T6-8 zoning district is five (5), with the option of an additional twenty-five percent (25%) through the Public Benefits Program. See Exhibit G, Miami 21 Excerpt. The "permitted floor area ratio applicable to" the Property has increased over the floor area ratio permitted in 1983 and the Property should be relieved of the limitations described in paragraphs 1-12 of the Covenant as all limitations are more restrictive than the present Miami 21 restrictions on the Property.3 1 Limitations are found in paragraphs 1-12 of the Covenant. 2 The Covenant also specifies that exterior modifications to the building require approval by Iry Korach, as representative of Point View Association, Inc., and in his absence someone appointed by the Association. According to the Florida Department of State, Point View Association, Inc. is an inactive not -for -profit corporation, and its Articles of Incorporation do not contain a successor organization. See Exhibit B and C, Point View Association, Inc. Information. Additionally, Point View Association, Inc. is not registered with the City Neighborhood Enhancement Team Downtown-Brickell Office. See Exhibit D, Downtown-Brickell NET List. 3 Even prior to Miami 21, Ordinance 11000 increased the Property's applicable floor area ratio above the 1983 limit. The floor area ratio for the Property under Ordinance 11000 was a maximum of one and seventy- two -hundredths (1.72) times the gross lot area. BERCOW RADELL FERNANDEZ & LARKIN ZONING, LAND USE ANCD ENVIRONMENTAL LAW Submittal into thpublic `n lit J/ I O City Clerk Victoria Mendez, Esq. City of Miami, City Attorney January 19, 2018 Page 3 Additionally, the second relief clause provides that "if the zoning district or the regulations applicable to all the properties on South Bayshore Drive [now Brickell Bay Drive] between S.E.14th Street and S.E. 15th Road should change to permit any structure within such area to be used totally for offices, banks, or commercial uses, or combinations thereof...the subject property shall be relieved of the limitations contained herein which are more restrictive than the new district or regulations." See Exhibit A, pages 2-3. As previously indicated, the area along Brickell Bay Drive between SE 14 Street and SE 15 Road is currently in the T6-8-R zoning district. According to Miami 21, the T6-8-R zoning district permits commercial uses through the City's Warrant process. Therefore, it is permissible for any structure in the area to be used totally for commercial uses, and the Property should be relieved of the limitations relieved of the limitations described in paragraphs 1-12. These two relief clauses in the Covenant are connected by an "or," and therefore, either one can be satisfied to allow for relief of the Covenant. Here, both are satisfied because the current FAR has significantly increased from what was permitted at the time and commercial uses are permitted in the specified area. The Covenant specifies that relief of Covenant limitations can be accomplished via an Affidavit prepared by the City Attorney. The Affidavit should acknowledge the changed conditions of the City's zoning code and be recorded in the Public Records of Miami -Dade County. We have taken the liberty of preparing an Affidavit relieving the Covenant limitations as provided therein, and we are enclosing it with this letter. Accordingly, we respectfully request that you relieve the Property of the limitations described in the Covenant. Should you have any questions or comments, please do not hesitate to phone me at 305.377.6220. Sincerely, Jeffrey Bercow Enclosures cc: Barnaby Min, Esq. Mr. Devin Cejas Melissa Tapanes Llahues, Esq. BERCOW RADELL F ERN,ANDEZ & LARKIN ZONING. LANE) USW AINO MNVIRONMQNTAL LAW 4 Su;bmittcd onto the pull rc.clor Dv's) 1(6 City ltrk Aso Ec18 P$z!1O _93N57085 r°'e 120b ;0246g e , DECLARATION OP RESTRICTIONS KNOW ALL MBN BY THESE PRBBBNTS that the Undersigned being the owner of the Following desoribed property, lying, being and situated in Dade County, 7lorida, to-w tt Lot 5, Blook 2, Point View, according to Plat Book 2, Page 93, of the Public Reoorde of Dade County ("the•.property"). in order .to assure the City Commission of the City of Miami, Plorida, that..the representations made to it by thu.owner will be abided .by, volUntarily makes .the Following Declaration of ReetriotiO a covering and running with the property. Notwithstanding the toning olaaaitioation of the propertyt 1. The building presently existing on the property shall be preserved and shall not be structurally modified exoept as is necessary both internally and externally to convert said stru t - tura into a building with a combination of oflioe and residential uses, or to improve the landscaping or parking thereon, however, in all instances any modifioation must comply with all testric-- tiona set forth in•this Declaration, .2. The property and the building say be used only for the following uses! residential; offices (not selling merohendise on the premisee),'banks and Savings and loan associations, eubjeat to the additional restrictions contained herein, • 3. The top floor of the building shall be used for residential uses only.`•' 4. The first, (ground) floor of the building shall be used for parking only. 5. No medical or dental offioea or clinics shall be per- mitted. 6. Only that portion of the building may be oaoupied for which there is adequate parking as required or permitted by the Po 3/7 zoning olasaifiaation as determined by the reepeotive uses within the building. • W11Spo11.1' 7. There ahal.l be a maximum of one (1) bank teller on the property, which ehail be looated within the building. 'h S. There shall be no drive-in tellers, automatio or meahaniaai teller�t2 qural ens, 9. There hall be no signs on the South eayehore Drive t side of the building or on the south side of the building. Signs and lights therefrom shall be limited to the B.H. 14th Street side of the building or property. -� 10. All exterior modifications of the building, including structural changes and eigne, must be approved by IRV RORACH, ea a representative of Point View Asecoiation, ino., or, in the event of his inability to nerve in euoh oapacity, another person to be designated by the Point View Assooiation, Ina. No'exterior modifioations•of the building may be made unless approved in writing in advance. Iry Koreoh or hie successor ma re•uire a e,J he oolor of the exterior of the •u dr more n 6li G!i`th4nti ewer 'g" i ital `ll ` 9 �.. tors'trlN1 rpreF "h�" `ii� a nree When the preliminary and final designs for the Exhibit A .t rtr'1zoo0 PC24TO 'Th exterior modifications have been submitted to MR. SORACU, or his sugeY., inu$t....pa..._aammanxad . upon ..and approved ' gh41d F.. . .4aeg�ARk.r_.._. �h is�aiiproved.. mithinL.flu dayir:I thareaftet::... Failure to make. bubh. domments within auch,period:ehall'establish a odnolusive presump- tion of approval of•suoh proposals by the Point View Association, Inb. 11, The landsoapinq of the property along South bayphOte Drive shall. be improved end maintained et a level at least con» aistent with the landaoaping at the existing Point View area •residential buildings, r . .•• •,1 _ . • 12, • 'hhe• owners of ,the property will contribute the aum bf $10,000 for: a neighborhood traffic •atUdy to be performed by professional traffib• engineers to beebkosen by the Paint Vibw ° ` AeaooLation,. Ino.,"which sum mayy 'also be utilized to impleiitant the recommendatlone of such study. The owners shall also do•- erate with Point view Aasooiation,'Inv. by providing -in ormation relating to the saes at the property and will cooperate i seeking to••aocoaplish the reoommendations of the study, w e specific understanding';% however, that the owners shall have no additional expensee in connection therewith. Purthermorei •.. • ; A . It, is understood and agreed by the undersigned' that any official Lnepeotor of the City of Miami Building De4Ar;xment or Boning Department, or any agents ,duly authorized• by'', the Director of. those Departments may have the privilege at any ;time during normai'working'hours of entering and inveetigatin:j the 'use of •the premises• to determine whether or not the requirements, of the building and zoning regulations and the conditions herein agreed to are being fulfilled. • B. These restrictions during their lifetime shall be a reetriotion••and limitation upon, all present and future owners of the above -described real property and for the public welfare, and shall be enforoeabLo• by property owner& within 375 feet of the uubjeot property, property owners on South Bayshore DOA between South East 14th Street and South Bast 15th Road, Miami, PloX.ida, specifically including those who may be farther than 375 NM'of the eubjeot property/ any condominium association in the above - described areas,: the Point View Association, Inc., •a dot fbr- profit Vlorida Corporation or its successor, or by the City of Miami. , lY•,% • : ,. : C:••: !rh a •'AWreetaent shall .constitute a .covenant, running with the land, shall be recorded in• the Public Records of Dade County, Florida, and shall remain Ln full force and affect and be binding upon the•unders'igned, its successors and' assigns until such time •aa it is modified or released in the manner provided herein. D. These coVen'anta•are to run with the land and shall be binding on all parties and all persona claiming under them for a period of 30 years from.thb date of raoordation, after which time they shall be extended automatically for successive periods of ten years, unless an instrument signed by a majority of the then owner(,) of the property has been recorded which ohangee or releases the covenants in whole, or in part, provided that the oovenants have been released or the changes approved by the City of Miami Commission after a public hearing. If the toning district or the regulations applicable to all the properties on South Bayshore Drive between S. H. 14th Street and S. V. 15th Road should ohange to permit any structure within such area to be used totally for offices, banks, or commercial uses, or combing. tione thereof, or if the permitted PAR appLioabie to auoh area .. 2 • .P ' `M 41( 1 , 1 4 Subi 1itt Ci into t11P j)ti.�jii record t+ r i1Gri(s) ia'I 20013;c247 1' increases above that presently .par,mitted,, the pppject property �1? 3,lzka riT�v_e _p .: klie_ 1�m kattl.Qos_nonta`.ne&.be.rein which are more., restrLotive than the new district;, oK regulations. the recordation emdng,the etiblia Records —of Dade County, Florida, of an'Affid'avit or Certificate from the City Attorney of the City of Miami that auob changes in the City of Miami ordinances have bean made will be.eufflaient.to plena all persona on notice that such ch'an•9as have modified these covenants. • R. This 'Declaration of Restrictive Covenants may be modified, amended oc released as to the land herein described, or any portion thereof, by a written instrument executed by the then .,.owneye.of, the .fee simple title to ,the,•.lands,to bs.•affeoted by ",'?`!' such .modification, amendment or release, provided that the Gams hie neat been approved by., the Point..Vi•ew.Association, Inc., and .,,; ' ,theA 15y the city Commission after.pubZio hearing. ',P1/,' Should this beolaration Of Res ttigtive•Covenants be so ••.y ; • modified'; amended or released,, the Director of the City of Miami Building a Zoning•Department, or'hie suooessor, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. 0. . Enforcement shall be by action et law or in equity againnst any .partiee or...persons violating, or attempting to .v. olete any covenants, either to reatrain•violation on to recover dam'agee. . If' any suit ., be,,, brought• for such, enforcement the enferoing'party, if successful,, shall be entitled .to recover,.in addition to costa and dieburedmanta allowed by law, such sum as the' Court•may adjudge to be reasonable for the services of his attorney. • ,• ® S. Invalidation of any 'one of these aovenanta, by judgment or Court, in no.wise shell affect any•of the other provisions rihioh shall remain in full forge and effeot. • IN,g2TNB98'•wHERBOP, the owner has caused these presents to be exe used and signed in Lte name by its proper officers, and 1.tb, eorporate seal to be affixed hereto •end, attested to by its 8eoratary'•the day and year eet forth. W3TNL88E9r _ CDCQeA, Byt DATS - t. RA C• s A,•Pres •ent ATTEB 3 •• . o (Co •orate Sealy rona :acre ary City Clerk 9 f59••t.. N.N.t h• • Submitted into the publi record fpr itetp(s) ' Z, \?i on \/ "L,S / 1 `], . City Clerk 1,12000 Po2472 -Ml STATE OF FLORIDA ) ) *SS COUNTY OF DADS CtIR I MUM CRIMPY that on this }bi^ day of 1,30+i. r 1083,, before me personally appeared RAY CORONA and RI C DO CORM, President and Searetary, reepeotively, of CUCU8A, INC., a corpo" ration undhr the laws of the State of yloride, to me known to be the persona who signed the foregoing instrument as such officers and severally acknowledged the execution thereof to be their free lot and deed as such officers for the uses and purposes therein mentioned, and that they affixed thereto the official seal of said corporation, and that the Bald instrument is the Aot and deed of said corporation. / • Ifurl+.. WITN888•my hand and off total seal the day •and syear last aforesaid. r.. My Commission ppiresi ��4i•; 9 Cl�. ? •v •l v ItQQ*ii�//�, l}IO�ORM� AND CORRflCTNE88t e •• • irl�r.. 4". •t i%��%I J{h t• Lenore Cooper, Attorney J AW ,OFr/CEa or JANET L.' COOPER •Sui`kes,1020 .16g,'EastFlagter Street 'Milurit 1' orida 33131 OTARY PURL C STAxS 04w 1QR1DA AT PJAR • J •}� •• i• his•.• • 1.1 !•� :•7":lil .t : •.., r ^ • v . 4..... •- 4 - ?�. .• • el• ,.t • S se'•. ;c.• *Y or 1.? ..• •1"� . b: pf". Si 04 011 • 0 •. . • •r • • 1 ,, .MY or/WI And/ ZWer.p. 'wv aa'w.r &ntar sr rd r4.rr /taptrn.tmal Armu% /I OWA 31. Ir •111M November 9, 1983 Corporatrr Records Bureau Division of Corporations 1 epnrtment of State 280& Ponce De Leon Boulevard Miami, Florida IAA ?3 01:6 CGa L I GGG 06'4I WON gg CU6 UGet IV/CO/a? Contiamens Unclosed Is the original r.u! one oapy of the Articles of incorporation of the Point View Association, Inc. Enclosed is my trust account check number 156 in the amount of $33.00 to covert Filing fee $30.00 Registered Agent Certificate $ 3.00 Certified Copy TOTAL $ 5.00 $38.00 Submitted into the public -- on r• Exiubit B 1ntv4� memoir 3'4-ring 'r. i1•rt !•G� 900307188209 Please hold the certified copy at your office for pick up on Monday, cf., November 14, 1983. s,. �Y d Sincerely yours, f bMY OFFICES OF JANET L. COOPER. ~•� ent ii�•wT'-::J;.��,tsr;:r73'.e1•$ #177//Fic • • awn r+ — • r— • ;;1-- • :r • • • •yam •rjva •td� +ri':V 1 Submitted into the puh1 C accord 'or its n(s) ' , 1 on 1/ :),5/. City C irk ARTICLES O[? LYE' NAPORATION ..».-.....• The undersigned, in order to form a corporation not for profit, for the purposes hereinafter 'stated, under and pursuant to the Laws of the State of Florida, hereby execute and acknowledge these Articles of Incorporation. Thr and of this Corporation Not for Profit shall be POINT VIEW ASSOCIATION, INC. • Submitted into Ole publi record fG%ts� on ARTICLE li Tlr{kt OP EXISTENCE Corporate existence shall commence upon tha tiling of these Articles of incorporation by tho Department of Stoto, The existence of this Corporation shaft be perpetual. ART>Crl.Pzp! , ,�1J City Clerk . PURPOSry OBJECT AND SCOPE ........,....�„. The general purpose, object and scope of this Corporation, limited only by the requirements of Section 501(c)(3) of the Internal Revenue Code, shall be generally, all purposes allowed by law, and specifically, to defend and advance the Interests of the area within and surrounding Point View ln• Miami, Dade County, Plorlda, with respect to all problems and concerns of a common nature. ARTICLE IV FORM OF O.EGp.J ATION This Corporation is organized upon a nonstock basis, and shall not issue shares of stock. Membership In this Corporation may be evidenced by a Certificate of Membership which shall contain the statement, printed prominently upon the face of tiie certificate, that tills Corporation is a Nonprofit Corporation. iA b •i �4yyf,�� • i 14Y/ �4•,y • �, • tiff 1.6 .,._ • WPM t Wive 2 • .I� • R., _a r • Submitted into the publi i record ffrsr ;lc u(s) L. 1 J on .%L,51ilc 1. . City Clerk • ARTICL&V CORPORATP POWERS Pamtraph l� • The corporate powers and the natuno of the business to tits ttpnsbcted by the Corporation may be any activity or business pernilltod:undor the Laws of the United States of America and the Statoi;q!'Merida, including but not limited to the power tot (1) Have succeuton by Its corporate name foE the.per ed set forth In its Articles of Incorporation, '• (2) Sue and be sued and appear and defend In all actions and proceedings In Its corporate name to the same extent as a natural person, (3) Adopt and use a common corporate seal and alter the yi • same; provided, however, that such seal shall always contain the words "corporation not for profit", (4) Elect or appoint such officers and agents as its affairs • shall require, . . (S) Adopt, change, amend and repeal By -Laws, not .. ` • inconsistent with law or Its Articles of Incorporation, for the :.:; admlydstratlon of the affairs of the Corporation and the exercise of Its corporate powers, f iY • (6) Increase, by a vote of Its members cast as the By - Laws roily direct; the number of Its DIrectors, managers or trustees ir • •ice L emassm- 4 Submittal is;io the publi record for on 1l1, �1 City Clerk s4.', f": - ter- r...e �.�-•'• , I. 1 q• • •• I*• •, • •' • ti• I..• r•• F t • so that the number shell not bo less than three but may be any numbor In excess thereof, (7) Have and oxcrcls° all powers necessary or convenient to effect any or all of the purposes for which the corporation is organized. Paragraph 13 No dividend shall he paid, and no part o[ the incomc`•'bt this Corporation shall be distributed' to its mombara, Directors, or • officers. This Corporation may pay; compensation in a reasonable amount to its members, Directors, and officers for services • tendered, may confer benefits upon its members in conformity with its purposes, and upon dissolution or final liquidation, may make distributions to its members as permitted by the court having jurisdiction thereof, and no such payment, benefit, or distribution shall be deemed to be a dividend or a distribution of Income. Paragraph C Notwithstanding any other provision In these Articles, or any of the powers given to this Corporation by the Laws of the State of Florida or the fly -Laws of this Corporation, the following limitation of powers and purposes shall apply and be paramount: (a) This Corporation Is organized and shall be operated exclusively for charitable, educational or civic purposes. (b) This Corporation shall not carry on propaganda or otherwise attempt to Influence legislation. 4 • • • •i 4 .j • s Suhmit tat i2to the ptNic 7 17, .; • • • • • .f.'"•:,,; . • , ,* :!•:' • :;)-„ • ‘ • • "•;'•• ti • e. • • • • • ."..• .1 . . . . , • • 11.k:: • . I.: • P. believes to be in the best interosti of this Corporation, and with such care As an ordinarily prudent penal/ In a like position would use under similar circumstances.. Paragraph 13 The Board of Directors shall hold meetings at such time. place, and in such manse as prescribed in the By -Laws. essom. ! • Paragraph E My action required to be taken at n meeting of the • Directors or committee thereof, may he taken without a meeting Ma consent In • writing setting forth the action so to be taken, signed•.by all the DIrectorti or all the members of the committee, as the case may be, if Wed In the minutes of the proceedings of the Board or ol. the committee. Such consent shall have the same effect as a unanimous vote. ARTICLE IX AMENDMENT OF ARTICLES These Articles of Incorporation may be altered or amended In the manner prescribed by the Laws of the.State of Florida. ARTICLE. X DISSOLUTION This Corporation may be dissolved by either (I) following the 7 ' • • - • • • • „ ?•„. • . • t• ft41), • . t,ft#40thp Ygt. ••'1,;:t/PeAtrig"4""'. • • • 4 " • A. ••••••• •,•i• •••• •• . • t t,•,... • ,„., ••••:•.• •': .:. • • ••• ••• ••• •••••• ' •Ak t• • ummi.ml • • • 1711111M tcd :to tlJe. )2) tTh." Ckk 17!.:12.;ia '47 ''••••-• in."?.t e X • ' - • • r• • • • ti • . • a I.:. • II Thls Corporation she't n.ti :4* • *ate in, or intervene In (including tho publication c.• ;Imo nloo 0.1 statements) an) political campaign on behalf of any candidate Cot public office. Att,TICE.11 V. mEmBegstitp Tho qualifications for membership and the manner of admission of members shall be as set forth In the By -Laws of this Corporation. ARTICLE VII REGISTERED OFFICE AND REGISTERP AGENT The street nddreas of the Initial Registered Office of this Corporation 1st Apartment 1114 1450 South Bayshore Drive Miami, Florida 33131. The name of the Initial Registered Agent of this Corporation at the Initial Registered Office 1st Barnard Kopel. S O ARTICLE VIII IIIRECrrORS Paragraph A The affairs of this Corporation shall be managed by its Board of . • Directors;▪ whiCh shall_consIst of not fewer than three (3) Directors. • 3 2. • • • - !/,• • • • • ' • •• - ; r • • • ' • . —a 3.. • !. • .• . Submitted into the public,_ Y-::eoyd r ite ,l(s) C• 1J on 5 City Clerk ,. • Paragraph 11 The Initial Board of Directors shall be comprised of five (5) Directors. The names and addresses of the initial Board of Directors, who, subject to the provisions of those Articles of incorporation, the By-laws, and the Laws of the State of Florida, shalt hold office for the first year of this Corporation's existence, or until their successors are elected and shall have quailtted, are the followings William 1. Scandolla Apartment PH-2 1420 South Bayshore Drive Miami, Florida 33131 Edward 1. Solares Apartment 11410 1440 South Bayshore Drive Miami, Florida 33131 Irvin Korach Apartment PH-4 1430.South Bayshore Drive Miami, Florida 33131 Evelyn Fellowes Apartment 913 1408 South Bayshore Drive Miami, Plorlda 33131 Bernard Kopel Apartment 1114 1450 South Bayshore Drive Miami, Florida 33131 Paragraph C Each Director shall perform his/her duties as a Director, including I • his/her duties as a member of any committee of the Board upon which he/she may serve, In good faith, In a manner he/she reasonably r •1 6 • a. • Submittal d into the public record J i' Iic. n(s) �t, A) 1/ 6 ! City Clerk procedure as aet forth In tha laws of Uw State of Florida, ar by (2) tiro Board of Directors with a required two-thirds vote of all members and Directors, after the Secretary has notified till metnbors In writing at least fifteen days beforo a meeting. In the event a two- thirds vote is not obtained at the meeting, consent to dissolution In writing by two-thirds of all members shall constitute compliance with this section. in the event of dissolution by the non-judtclat method, the residual assets of this Corporation will be turned over to one or more organizations which themselves are exempt as organizations deicrlbed In section 50L(c)(3) and 170(ci0) of the Internal Revenue Code of 1954 or corresponding sections of any prior or future Internal Revenue Code, or to the Federal, State, or Local government for exclusive public purpose. ART1C . X1 OTHbRPRt2VI51ONS All other questions of rotes, regulations and procedures shall be governed by provisions of the By -Laws of this Corporation or the applicable provisions of the Laws of the State of Florida. ART1C1.4.X11 1NCORPQRATOR5. The incorporators of this Corporation aret Submitted into the public record fior iif m(s) �/1 1 !) ou 1/j5 / 1 g City Clerk- 3. Scandaip Apartment N1t-2 1420 5Quth Dayshore Drive Miami, Florida 3)131 Edward 3. Solaras Apartment 410 1440 Sauttt Dayshore Drive Miami, Florida 33131 Irvin Korach Apartment PH-4 Miami, Fluid* 33131 Evelyn Feilowes Apartment 913 1408 South Dayshore Drive Miami, Plarlda 33131 Bernard Kopel Apartment 1114 1430 South Dayshore Drive Miami, Florida 33131 THE UNDERSIGNED, being the original Incorporators of this Corporation, POINT VIEW ASSOCIATION, INC., A Florida Corporation Not For Profit, by subscribing these Articles of Incorporation for the purpose of forming a corporation not for profit and to do business both within and without the State of Florida, do hereby make, subscribe and file the Articles of Incorporation of POINT VIEW ASSOCIATION, INC., hereby declaring and certifying that the facts herein stated are true gnd, accordingly, have hereunto set their hands and seals this day of November, 1983. • • L 1, 1; aDarARl -BERNARD BEFORE ME, a Notary Public authorized to take acknowledgements in the State and County sot forth above, personally appeared BERNARD KOPEL, known to me and known by me to be the person who executed the foregoing Articles of Incorporation, and he acknowledged before me that she executed IN WITNESS WHEREOF, I have hereunder set my hand and affixed my official seal, In Dade County, Florida, this MI,.. day of November. 1983. Jr • I • REINSTATEUUNT S. cus ry.1 glIGITBRED AGENT -•OVERPAYMEINI •,• s.; , . • 421 Priv:Liege Tax •,••••: 73 'Annual Report • • 74 Annual Report - 75 Annual Report, 75 Annual Report 77 Annual Report ikiinual Report ' 79 ;Animal Report . ).80 Annual. Repoit- 19.-Arindal Report Annual P...aPort ArinUal Report Ark yiu a I Reli.o.it. 2-43 •TOTAL . UPDATER Xcj PRINTOUT SENT LLTTER „IENT I 03 isn III COS SENT rAILLI.C.1,11.0..slArtst R rIORIOA TATE 0•Qa•an-C-6--cult-Ar". tl. REINSTATIWRIT FILED I spv I NVO UINTA R DISSOLvCD NAME AVAILABLE 019 3570 1/09/et Oa 30713 1/09/115 NCO, 1111.1.1• REINSTATED BY OJ. :auk Opt, .. • • .. UPDATER VER/FVE tfL*8 JAN 0 3 IF " • ,„ a . • .. . . % • :041 .'i....; Z".... . • ..• ... ... : . • '''': ". : : • ; • ‘:1• .. g. 'All. .4 ... . ••.•:14. . • ..._ ......,._ ...._. .. ,.., . .•...,. v.........,.. _..___...•.-- .-r.....1_,2:-.t--• • - 2 • • • ..72: :57 •• :....:12. • • • • • . •.=.t14....e'•1: . .-:.7. -.•. • "•• ' '••. •: :"• •• . --".. ' "•. .7:::. • • - .••.• . .7 ••: , " :..41r../.f•t4„7i:. . 7 '''A•'1 .I • . • .; . ••••:tt r Si recuru on into the publiR orit--m(s) City Clerk • • ,. • ON PATE ON OR 7.rr1 - JAIWATI, T C Irtv(Iell ATTCA Jour t %) t.sr`.r• rtiA71 CGRPORATION ANNUAL F1EPO°( L • 1884 Ir t te r_ 11:1N1,1A-sr•.a1Vf Y' •.•°f•a.- w orer • ,el..• 'r•.•/Afn It'pi. •• br3,01. ar ::•rr0+.f•.'rv..� 1 jh.Ia;, ��lrt ,ita ...� .,.� Row No0ce end um:actions on dllltf aw• !Mors M•ftr 1). S/ r 1.031D,1 Finn g Foe ct a10 Required — Make Cnucks PeyobIa T'' Svcrdta/y at Srtle 1. flame and Add.e.e Of thwaa•atfe.I Par C.aal OR.,•C •r INC. 33131 +r.y, enter l/•A c ,r.at and,q , 7 k "a- VIof P . bf,ot. • 1 j./J.•.t%•• • M.e•oo 0. •. r ^. U. Nov.,A s+. . 'ar.• S.'•ea,r ♦� a ` �/l Po1Ni" QrT.0 ASSOCIATION, 1450 S. BAYSHORE DRIVE APT • 1L14 HIAMI, FL ' sr .esW .dOr.sr :l l.•id•reil el any In Ilsm 2 Include tip Coda. ac rt. r11 - ` Mari I•a Cote 3.Oftpine0rppf.l.dor0•1fllyd 1/1 I/10'83 .. oad.1a1Emplo,, Afp1lED FOR • TO DO' IfWoos, In Fl.gdA ',.mine shoo Nun m a 0nof Latl Sport & N.mt• and Street Addnls.s o Eloh (sinew and 0110Q1e,. a. of Oren»., 31. I%a3 _-... _ , , _.•, ^..- R_.•..•...•-•••••••_ Wm.; al Offw•Is •• Ltd .�•tlt S,Rs: Add,es, of Escn..... Riga an QuIefel too Hot t:t. rift 0.,a. 4.1, Num,�lr wt. + l t �u6 3574 I %��% � SCArDELLAI WILLIAM J• SOLARES. EDWARD J. 1ORACH, IRVIN FELLOWES, EUELYN KOPELs BERNARD 3 (VP 1,1E3 S. SAYSHORE DRIVE 1440 S. BAYSHORE DRIVE L430 S. BAYS/SORE OR,IVE 7.408 S. UAYSHORE DRIVE 1,4513 S. BAYSHORE DRJV£ �t�t �6.0:: MII7►111I7jLt/09/9:i 20.0^ H . L MIAHI• FL HIAMI. FL MIAMI, FL . • • • Regletarhi Pant Information 7 Marta asMA,_ tr. Of 7.9uent•ne9tUer.b Aq.nl „, , a uan•e Ana AoOrosf kd Non r...ggla.ea istnI • NOPEL, BERNARD APARTMENT 11.01 .•1450 S•.BAYSHORE DRIVE • HIAMI, FL 33131. Narca -Sous Morons lMi\4T04.;Fry so; Number, elf., 51114 and1.O Cada ...-. ,. • • .: st Pdfitm.1 to Om ido.Ialata ul baau(ws 107034 sod $07037. F loflaa Smoot ow onorro.00too corbuedd an• • ftriNnas this stn►l.rnt or th. pu..esa ul.,Ifl i lry do replsa•I,d .Ilf.ct• or 1.q.stwtd .pr,t. or Aar•. In It.. sw. t • -eucb charter leaf *UMwP.03 by r ndWar.4 Jr* aepted by Rv bewail, Wooten...... . _ . _•___,, r• • p0snsrta uM•r trio la.*s at lhr Mitt el Flatd; Or yala•Ide -....,..,•_,.,•,,..,,.,.,,,..._,. . . _, (111Trta.d Agent AoceptIna Aepdnt.s,roa 33.00 additions! fan required for Rbpiatatad Agent changes. • • • tit. See ,yea*hnr natnel/ene mast lnatMPOna e7,e.e.11. inf. 0, a+.a rate j 1 Cef lly Mr I Ant Ad Whew a, 0 4 Co poranon. 140 'mow of Trevor lrpaw.nt ro Lydda!? MS Arena as IMM.•rd by t. syta 60► yS r ,.::ttggker Cali/ Mit I Unnde.st ddVs Maui's:. On 7Ms Repay Ship Moe tnr• Slre Wag (Irecrf 4s 11 Vile Unlit 0un - .... r...... S,pM,i•re. • t ' ,: • • - - �Orrf /1�91� 1 Typed N0(ne a nrny ont(r a,e BERNARD KREEL rrr.. PR e.CTOR 7 r.rronane l,•...,e,+ (395) 35B-0139 �`.1.f,(.61;allfaloo•df,le. e•0na(/(e40aI1t caept 1A4 wa byre!. Irti I0CtGae Inans. a/w,aa ss t73 our, eeay.•ay►+rnl. ,•AtAddaaorly.4.'f/IP«wlrlu,l4-!e}i2(<ite , t Ifi-.LY5r•t AI Ni V �: �•t/Vc..4;! i.S 4.'4�' -P,•.)6, zj^il•`:•f. . r• .• , .• a• R TL I • �, • 0: frt.. • . • • • ." • • • ,• • . . ;December 17, 1984 • ' • •it;, • • '• Reinstatements, DIv17.kin of Corpqraticats •Ser.rotary of State •••• • • P. O. Box 6327 Tallahassee, Florida 32314 •• • 'Rai Point View Association Inc. Numbtr 77186 Dear Sir of Madam' ow amen Aid 'OW 2020 OUPGWI morn No int ici.ciat th stow 1,fc4,4 fitehiDA xtoi•axte 1.2 u ; ,r Id, I -J City Clerk 1,(LtPKON1 MOO Vs-45ail .• aamlf...mo•mm••••••••al •••.....• • NE". •• • ••% • Enclosed Is my check number 543 in the amount of $13 as fee for reinstatement of the above referenced corporation. • .• • Also enclosed Is my trust account check number 185 in the amount of $20 as filing fee for the 1984 Corporation Annual Report. Kindly reinstate this corporation Immediately, and notify me when done. Thank you for your attention to this request. Very truly yoUrs, • • . .•• . . , • ••• *. LAW. OFFICES OP JANET L. COOPER a•elihelet. . e-4121ela. As3A14ET 1.,..COOPER• • • • • • . 31..CeVp ; • ,• • . • ." e41.1•7.1?"4-.•-••• %Y:-.13-1$3-1 • • • • • ..:BerhArkl .1°15e1 • • . • • • • . • • . • v • . • . • • • • • • - . • • • • •• • ••• • L. .••••• . . A • • • • • • • < : • •• .. 5.* • 01-$ i"1"" :.-' • • :,•i;,1.:-.*:•::44.•••./. .• • . . • -•-‘44r4,!etz-k;?-4;:"Tei4A9*, ;i1,-;;;:•,•••••!•-••.' : • - . • • I • 11.••••• • •ir . • • .• ovmr-- . • ,• tau— ' . • ••=MMO Submitted into the public record for iti n(s) i)G, \ 5 e n 1/ 1, S l i City Clerk ...,_ uw oNyCL9 -47 710//24, Adzes, tamoutorrrauKf( ! C...7$' taautrruolraamraut:cr vfl�� -� Mlnau, aowon aat314 o4 • .:.S.eptember 16, 1983 • 'Nectetary of State - Division of Corporations e. O. Box 6327 Tallahassee, Florida 33214 • • Attn: Non -Profit Amendment Section • • Res Point View Association. Inc. Charter Number 77186 . ...Dear Sir or Madams rtl rPHONf: 05)31445911 006 0621 9/19/85 5.0 0am0.i2 I 9/ 19/ R5 15.000 12 6 a • . Enclosed are two originals of Articles et Amendment and two originals of Re ted Articles of•Inoorporation for the point View Association, Inc. Please Me one original obt5a certify the other original of each and return the certified copies to me In thelo t.•IV• • . • ' I have er closed m yL. Trust Account cher umber 203 in the amount of $40 as juaymeszt• •..ry -.. 1.• CD, of a fees as to ows. »_ •:Filing PrticlesofAmendment 15.00 c• S� •i.' •"Plihi�g•Restated Articles of Incorporation 15.00 !ern N 11.-.: /.:+� 'Cerfiflec copy•ot Articles of Amendment 5.00 a _;,:: • Certified Dopy of Restated Articles of:Incorperation 3.00 ;, iliank you;>lor your prompt attention to this matter. : Very'trutyy,. Ors; ! .: . • . •. ...-_.._....... • ,-.,:`,• •;I:AW'OFFICF .OF ANET L. CO — :AP►NE't 1-:C•0OP>rft:�..:7 ...:_ . ' Y• • ',Mile ' • •: Avallabilliy'..A.�p f �5 dgctlnie' [ • Examfh_d1 IJpd;�tor ��' Aelsn 4/.10get• iK-••I 1.9 P,� (Igit�yer s; • • Fif:34�+ -n 1— m v CiNO 1 2. COPY 3. A. f[ E.... . . . t e ;•OPY SraReit %MP coihnlittod into the public fior in(s) L. 1ft,",/1) . City Clerk res s, r - • TALLEC:S: r • „ I 411 0 2. . .* .• 4 • *Z.! ,kkErlIff=COMMINEWANT nto Atair...1„ES- Crir ILLCORPORATION of PIDINTWIEW A.55QCINTION, INC. 0.11 ••••• 9. P. • •19 • . ° ealtstann no the aeniffeadibsgsterliilons of Chapter 617, Florida Statutes, the undersigned fiampusidinnallbgatattizeftd1bwiligAVetbbleuif Amendment to Its Articles ot Incorporation. - TIMM AchentumellftheasurpsastierilelFOINT view ASSOCIATION, INC. SRICE1118b01TheAilbsvikgannandrrientsztolthe-ArtIcles of Incorporation were adopted by the mammal Otlifeilit.32341:1D ia* • !Ile gerund regassrh edlOgivasdils!ospe at thls Corporation, limited ktailptilheosswi1onnentsaSfSetttlenlitiger0 of the Internal Revenue Cede, elia'Ibe genassitty,an*orgasm *Rowed by law, to promote • ..."" • Sada wildfnans amid ineallesilly, toLudJ, advance and promote the •-',1••• ":"-• -.1mistailtaprain' men gtesii,emil ',gemmed wnittare of the community and ••• , - the strevetede and surroundlogIPOIrttWlew In Miami, renwoct to 411 4neib1eoo! mad concerns • - , • • . -75c ".• • „ •- , Dade County, of .a .common i� • rccorcd r itr(s) on J Submitted into the pubic ?Z,12) 1 1SCity Cicrx ARTICLE v cottpoitA•rl; POWE: ? Paraeraeh C, Notwithstanding any other provision In these Articles, or any of the powers given to this Corporation by the Laws of the State of Florida or the By -Laws of this Corporation, the following limitation of powers and purposes shall apply and be paramount: (a) This Corporation Is organized and shall be operated as a civlc league, not for profit, exclusively for the promotion of social welfare. (b) Thls Corporation shall not conduct activities directed to exterior maintenance of private residences. (c) This Corporation shall not directly or indirectly patttcipate in, or Intervene in any political campaign on behalf of or In opposition to any candidate for public office. • (d) Thls Corporation shall not have as Its primary activity, the operation o1 a social club for the benefit, pleasure, or recreation of its, members, or the carrying on of a business with the general • p'ttallc .1n a manner similar to organizations which are operated for profit. • • ARTICLE X DISSOLUTION • ' •This Corporation may be dissolved by either (1) following the `•pr'ocedure,as'set forth Ip thb Laws of the State of Florida, or by (2) the' Boar; of: Directpcs 'with a required twn-thlyds vote of all i•..incrgliery,dnd•D'irectors•,after. the Secretary has notified all members h;?! • is • Subrnitt: d into the publ• rcce d #or ite •i.(s) ,L, \ , on \ I tC / , City Clerk In writing at least fifteen days before a meeting. In the event a two- thirds vote Is not obtained at the meeting, consent to dissolution in writing by two-thirds of all members shall constitute compliance with this section. In the event o1 dissolution by the non -judicial method, the residual assets of this Corporation will be turned over to one or more organizations which themselves are exempt as o:ganizatlons described In section 501(c)(4) of the Internal Revenue Code of 1954 or corresponding sections of any prior or future Internal Revenue Code, or to the Federal, State, or Local government for exclusive public purpose. : THIRD: These amendments were adopted by The Board of Dltectors on the • . AKBtt37- 1985. _• • •POLIRTH: The above amendments were approved/"by a majority of the members of the ,w corj ration on the IS." day of„_ /r_ f.$8,1I-1T- AS-#4 day of 'gated . . rnf.•G £t.$ T ' • • • 4i1{„r t ': • • yam'•�! ��••i,�.`•`. #•(•f• • ' to ;'':.•. AS' 1,9 • —. POINT VIEW ASSOCIATION, INC. ri dward 7. Solares • Secretary • •r UMW '•1 • • • • .i 1• t �• u• ri ,,rI 1�1,1 STATE OF FLORIDA ) ) SS.: COUNTY OF DADE ) 8W)Mb Koper. pht)b Before me, the undersigned authority, personally appeared GbWA•R•A . •50t•4 'S to me well known to be the person(s) who executed the foregoing Articles of Amendments to Articles of incorporation and acknowledged before me, according to law, that he made and subscribed the same for the purposes therein mentioned and set forth. IN WITNESS WHEREOF, 1 have hereunto set my hand and seal this 1317I day of Attscisr ,190. .r r •4' .... -�.'a 17'.72—.r_-. r • 1 h C'suaf. Notary Public My Comm/Satan expires: Meaty Pollack Stare of Pardo el o "Y dIteu 76� Maynard �4Ag;ncy • • • Q • s • ; >ol .• • •. • September 16, 1.985 • • Secretary of State • •DivIsion of Corporations P. O. Box 63V • • Tallahassee, Florida 33214 Attn: Non -Profit Amendment Section .' 'Res Point View Association, Inc. , — • . ••• Chaster Number 77186 • ' pear Sir or Madams •••••t'.. •••• nclosed are two originals of Articles of Amendment and two originals of Restated Articles • .of Incorporation for the Point View Association, Inc. Please file one original of each, •'1' certify the other original of each and return the certified copies to me in the envelope • '• r • enclosed. . . LAW OP ACES ,OotedZW' 1020 DUPON: WADING 169 EASr fLAGLAR MEE! MAUL FLORIDA J.213t-I201 ••• . • I have enclosed my Trust Account check number 203 in the amount of $40 as yijy.:Ipett .... tv.1:::•:-. ... • :of the fees as follows: P., . • - . xi•-i-n tn• •'3c.:.::!.... - • • •FIllniArticies of Amendment •`•'....„... -'' '''',....• : Finn Restated Articles of Incorporation 15.00 !•11.Y.t'. ;77 - . Cert led copy of Articles of Amendment 15.00 5.00 ...-- .P. Certified copy of Restated Articles of Incorporation 3.00 ....tin 1..., Cr'.* • '11121tik;YOU for your proOnpt attention to this matter. _ r4 „a-- mr.. CP Xao ..Pe truly yours,. ° • • i..:AlrOFFICES OP ANET L COOPER • • • • • ..11••• Subr.littod into the fbr iiirn(s) L. 13 01__ILLS, . C. - lty Clerk rEL8PRORM pa* sP44.899 006 0621 9/1!thii 006 0621 9/19/05 006 0621 9/19/86 ••• t.• A Fre r :v • . . ti• `'?..••••/. . 4-74rVia.i!A.• : • •4,. • • ' • 'A:A .."11';?)." t"';' . • . • • • • 15.011 12 5.00 6 40.00 TL -n rrt mibone•mo. • 4, • . SlibrlittOd illi0 the rYLVAC.,, FCC id fpr lie en )/ City CLii: RESTATED .ARTICLES OF INCORPORATION OF POINT VIEW ASSOCIATION, INC. (A Florida Corporation Not For Profit) Adopted in accordance-wIth the provisions of Section 617.0201 of the Florida Not For Profit Corporation Act. PILED 24 r4;4.1'. F.A.r.; Sen:: - • .. 8 4S The undersigned, Point View Association, Inc., a Florida Corporation Not For Profit, by its President and Secretary, does hereby certify as follows: The name of the Corporation Is and always was Point View Aisociation, Inc. The original Articles of Incorporation were filed with the Department of State on November 10, 1983. The charter number of •this corporation is 771186. These Restated Articles of Inoorp9ration. Were duly, adopted by the Board of Directors In accordande .w1th the provisions of Section 617.0201 of the Florida Not For:Pr:Alt' .C.iirPoration Act, and only restate and Integrate the • pre4lotillyidopted. Articles of .Incorporation and Amendments theretb;1. rictdo.not 'further •amend them. There Is no discrepancy ' • : " . • • •• • • 'hetvoa-enthe Articles of Incorporation as heretofore amended and the bf.thetia.Ratited.ArtIcleis of Incorporation. • •... 41% • 4 -••• • • • . • ••. 7 • .ibt•i-••111g7;,45.:*.I0 of • locorpoyatIon of the Corporation, as heretofore .• . : : • . arehreby restated to read In full as follows: •••11•- ... 74 44,tCh- " Civ.kte•C`t.•0•* drf' 17-VR".•kifs • 14A404444 • •.. .1 , , • • • • ' '• . - • • • • rt. 111••0•1.1 mn•••••••-•--- 101IL=.- • • Su:!,,-d into the pub c rcef..i H. ii ' -,;..` ir 1,, 3 1 7 rS ii. _._. C i ty Clerk The undersigned, in order to lam) a corporation not for profit, for the purposes hereinafter stated, under and pursuant to the Laws of the State of FlprIdas hereby execute and acknowledge these Articles of Incorporation. ARTIc.i.g1 NAME The name of this Corporation Not For Profit shall be POINT VIEW ASSOCIATION, INC. ARTICLE II TERM OF EYISTENCE Corporate existence shall commence upon the filing of these Articles of Incorporation by the Department' of State. The existence of this Ccrrporrition shall be perpetual. AffTICLE 1U. PURPOSB. OBJECT AND SCOPE . ' • .. • . p . • 0 • •• .1' .1 r .6. The. s,enprel phrpose, object and scope of this Corporation, limited , ,%• . . only by Ie requiremerts of Section 501(0(4) of the Internal Revenue -• el : • • • • • *Coslisf;:sliall be generally, all purpose s allowed by law, to promote • % • .• ;. And .sptcifically, to defend, advance and promote the OritiT.Ws.ts,!corrirrioil: Fled, and general welfare of the community and ii?area-v4th!riand 'surrounding Point View in Miami, Dade County, ,..!esp.ect to all. problems and concerns of a common •••••••:•:,i.1•;••••-..n.e.t.‘4;.i.4-... ' .1,'• - " ••• s. •••••;1•••••••K•f viiAtuf e:: • • - • `:•• ,•' • • ...siNift'.1;:hiz. ... •!•-. • .it'•: ':- P:,;:if41:1,7yttr.:4;4:".5itA,-.•;:, ::...A.•• • ! . *•; :. :7. • : •,-. • - tr4.144•7"11•*••Alti-.K.n ---,••••••••1.-- • ::_:_ 1,44,i, ,.,,41,-.k_,.. .....t.:.-z,:,%:•••• 1,110. ••:•••74t; , If -- • • ? v t- .,.. rl• .."Ai• ..'1:0'• 2:.3. -4....,40":: ' •"i.-1•7;.4 • 0.. ,. `•*.i.r4r Vt.,414.4 •114:-4q..11.•• ,..1'.• '..4...e. • • t.t,.. '''•••7 =1:..A..t.....4.7.111....-,(,•e•3--s,':...q. •• 5: .1 •• .7 •• .' • • • 74.1frrip•i'-'•40:::V•;.i.3:4•9'..' -• ..,-; , •:•.... ::. :.• f - . N',....,. .1.. :....417Kvit-:, .4,1,-,-.1....,•:. ,72.,r c;":•.".. •• :s .:.. .:`,... . • . I. •••••••, •••• •••=, Imm• • • • . _ • - in'?o p1.1h1: iiv C!crk •4 • • ,... •. a. • ARTICLE lY FORM OF ORGANIZATION This Corporation is organized upon a nonstock basis, and shall not Issue shares of stock. Membership In this Corporation may be evidenced by a Certificate of Membership which shall contain the statement, printed prominently upon the face of the certificate, that this Corporation Is a Nonprofit Corporation. ARTICLE V CORPORATE POWERS Paragraph A The corporate powers and the nature of the business to be transacted by the Corporation may be any activity or business permitted under the Laws of the United States of Krnerlca and the State of Florida, including but not limited to the power to: • (L) Have succession by its corporate name for the period set forth in its Articles of Incorporation, • • (2) Sue and be, sued and appear and defend In all actions • and pLo'ceedings in its corporate name to the same extent as a natural peach;. , 1: iZ 13)• Adopt,and use a common corporate seal and alter the haittyl prb'1ded, however, that such seal shall always contain the "'wdrd !{corobratton not for profit", ';'• $ j(0) :Mkt or appoint such officers and agents as its affairs • Il•rgijulre;_ ••' '.().`,.•AdpQt,. change, amend and repeal By -Laws, not t jW+.tT,.y.Eyt�• ::iLlt: D; 'mot ti' Sa 4 Tt %i x'�f:, ,,,r.:= •��'• ear }c �i jhl<fMc"-1 r.!•"11,�,' i,'`��•t r•al. �• •. : �. .�.•rSi;.°a�:•��d!'!�•:f+�e, Submitted into the pub is ]� I'CCCr i Ior i '�'n_i(s) Vl_i \ :J en IJLSJig r, ,C l,;k Inconsistent with law or its Articles of incorporation, for the administration of the affairs of the Corporation and the exercise of Its corporate powers, (6) Increase, by a vote of its members cast as the 8y- I,aws may direct, the number of its Directors, managers or trustees so that the number shall not be Iess than three but may be any (7) Have and exercise all powers necessary or convenient to effect any or all of the purposes for which the corporation Is organized. No dividend shall be paid, and no part of the income of this Corporation shall be distributed to Its members, Directors, or officers. This Corporation may pay compensation In a reasonable amount to Its members, Directors, and officers for services rendered, may Folder benefits upon Its members in conformity with Its purposes, and 'Upon dissolution or final IlquIdation, may make dl;triliilticns to% Its members as permitted by the court having jurtsdlctlah thereof, and no such payment, benefit, or distribution shall be deenjed to be a dividend or a distribution of Income. •J Slilmitted into the ptzlic ij for itpiii(s) 111,3 / I a civic league, not for profit, rixdusively for tha promotion of social welfare. (b) This Corporation shall not conduct activities directed to exterior maintenance of private residences. (c) This Corporation shall not directly or indirectly participate In, or intervene In any political campaign on behalf of or In opposition to any candidate for public office. (d) This Corporation shall not have as Its primary activity, the operation of a social club for the benefit, pleasure, or recreation of Its members, or the carrying on of a business with the general public in a manner similar to organizations which are operated for profit. ARTICLE VI MEMBERSHIP The qualifications for membership and the manner of admission of .• members shall be as set forth in the By -Laws of this Corporation. . • ARTICLE VII . ••• REGISTP40.9.M.Cenr-luggeo AFL • • '• • . • • • stie et address of the Initial Registered Office of this Corpora- . - • • • • ▪ 141 " Apartment ILI4 ' , :" ' • • • • ' 143P South Bayshore Drive • • • ' • •• • • . • Miami, Florida 33131. % • ifttfit•of the4nIgal.Registered Agent of this Corporation at the ; • • • . • ; , • • . : - • 1. • • Eitiptd Kopel. • • . _ • - •• . . • • - . • I • •• • • • • • . .-••• " •. . ": • • , ••• • • ' r g ▪ E • • e • " 1• ,..) • • .. . • . .J • Subunittcl into c. pu73!ic record ir iiyrn(s) Of) City Clerk ARTICLE VIII DIRECTORS Paragraph A, The affairs of thls Corporation hall be managed by its Board of Directors, which shall consist of not fewer than three (3) Directors. ParagraohI3 The Initial Board a Directors shall be comprised of five (5) Directors. The names and addresses of the initial Board of Directors, who, subject to the provisions of they. Articles of Incorporation, the By -Lai is, and the Laws of the State of. Florida, shall hold office for the first year of this Corporation's existence, or until their successors are elected and shall have qualified, are the foliowingt e • ". • • " • • William 3. Scandella Apartment PH-2 1420 South Bayshore Drive Miami, Florida 33131 Edward 3. Solaces , . Apartment #410 ' 1440 South Bayshore Drive ' • Miami, Florida 33131 • . Irvin korach , . • ... Apartment PH-4 . ..1430 South Bayshore Drive ., . , . 4. • Mlami, Florida 33131 . , Evelyn V ellowes ; .. Apartment 913 I.:;.!....,"- • •.. /40S South Bayshore Dr,..., • ::.• :• . Miami, Florida 3313 ••%•1 ••• " t .. " .... te....4,,i,.....i. •• . .. ,: .. Bernard Kopel ./... ,:.;. ". ;,:.... ....,..,2 ,••• ApartMent 1114 i•• ...*•..c.....": . .: ::. ... • 1456:South Bayshore Drive re:: Miami& Florida 33131 •,„ , . f.a -. .. : .. . • •. • . ... .• :„ 'ci ' . : •.• 'te .. • . • r; ; • • ; ...;•7, :: fail'', •.,. . ....... :: • . "J&?.'•;.'• .1. :•'''•••7 :1;•11i • : ' .• - .."....' ',1 5 • ••.f.'si:T•!& T. . • — • •• • t-,6 •,, ' • •• .• • .. -.'":C.7.ri,.. • :, ? .• if ....•••••••.•ie. ....;.: ...: • , . ,,, • .. . ........ . . , .. . . • . . • • .;:+lt.::,c.,:it'ix-•...-1'2.-'!. ; :2 ..,'.A:',"••'" ..-;•/,`.:.:-' :: • . 2 ....'. '....:',. ... •`: ill10001 MICE' • . . • rm.. m---- .1.1111•••• WFIL oar— iarmary Submitted into the pub record for it mO 7,, 1 on City Clerk Paragraph C Each !Director shall perform his/her duties as a Director, including his/her duties as a member of any committee of the Board upon which he/she may serve, in good faith, In a manner he/she reasonably believes to be In the best Interests of this Corporatlnm, and with such care as an ordinarily prudent person In a like position would use under • similar circumstances. Paragraph D The Board of Directors shall hold meetings at such time, place, and In such manner as prescribed in the By -Laws. Paragraph g Any action required to be taken at a meeting of the Directors or cotnrhlttee thereof, may be taken without a meeting it a consent In writing Setting forth the action so to be taken, signed by all the Directors or all the members of the committee, as the case may be, If filed In the minutes of the proceedings of the Board or of the committee. ,Such consent shall have the same effect as a unanimous vote. ARTICLE IX ??., AMENDMENT OF ARTICLES •1 te `y : These- AiACi.es' of incorporation may be altered or amended In the `7' " •'' manner preltci'ied by the Lath of the State of Florida. sts .:• •,•,• •:•.•••• • • r h: '•••.. • - • • SlIbrd jilt() Ii1C ft2C(1jd )2) on ARTICLE X DISSOLUTION This Corpciration may he dissolved by either (1) following the procedure as set forth in the Laws of the State of Florida, or by (2) the Board of Directors with a required two-thirds vote of all members and Directors, after the Secretary has notified all members In writing at least fifteen days before a meeting. In the event a two- thirds vote Is not obtained at the meeting, consent to dissolution In writing by two-thIrds of ail members shall constitute compliance this section. In the event of dissolution by the non -judicial method, the residual assets of this Corporation will be turned over to one or more organizations which themselves are exempt as organizations described in section 50110(4) of the Internal Revenue Code of 1954 or corresponding sections of any prior or future Internal Revenue Code, or to the Federal, State, or Local government for exclusive public purPon- ARTICLE . OTHER pgQyz1oN3 , • •• • • All . other fluestidns of rules, regulations and procedures shall be : ..• governed by provistons of. the By -Laws of this Corporation or the . • ,' • • : " • • .itpplicable 'provisions orthe Laws of the State of Florida. 4-:•.;g1 .• • : • ' '• i •-••••• • • • • • r• • • • • • 1N_gbRPORATORS • ARTICLE XU •,••••••., ;•••- • ° :Ipcok•p7ii-Atciiv4d,tlii,orporation are " • .:. • City Clerk • I =in irard.,; WITS.Mr. • • William 3. Scandella Apartment PH-2 1420 South I ayshora Drive Miami, Florida 33131 Edward 3. Solares Apartment 410 1440 South Bayshare Drive Miami, Florida 33131 Irvin Korach Apartment PH-4 Miami, Florida 33131 Evelyn Fellowes Apartment 913 1408 South Bayshore Drive Miami, Florida 33131 Bernard Kopel Apartment 1114 1450 South Bayshore Drive Miami, Florida 33131 THE UNDERSIGNED, being the original incorporators of this Corporation, POINT VIEW ASSOCIATION, INC., A Florida Corporation Not For Profit, by subscribing these Articles of Incorporation for the purpose of forming a corporation not for profit and to do business both within and without the State of Florida, do hereby melee, aubacribo and file the Articles of Incorporation of POINT' VIEW ASSOCIATION, INC., hereby declaring and certifying . .that•.the facts herein stated are true and, accordingly, have hereunto • s•et 'their hands and seals this , ¢ay 9Z Np" ember, 1983. • initalAti r SCANneit. t • .ED1i�AD 3. SOLARES ,9. • • • • • • • - .• • • • !: • 'l• • STATE OF FLORIDA -.. • :•;•.• COUNTY OF DADE • • • : • • • • Si ibin i tod into the publi rcco d 'or ii.-m(s) on MA* IRVIN KORACH signed EVELYN FELLOWES I ed ERNKOPEL BEFORE ME, a Notary Public authorized to take acknowledgements in the State and County set forth above, personally appeared BERNARD KOPEL, known to me and known by me to be the person who executed the foregoing Articles of incorporation, and he acknowledged before me that she executed satne. IN WITNESS wHeRgov, I have hereunder set my hand and -affixe:d. my official seal, In Dade County, Florida, this 3 day of 'No'iariater, 1983.. • ••••••••••••• • . • • started • ••; - NOTARY PUBLIC • • CotoriflasIon•Rxplrdss %. . • " • ••• ' . • • • . : • • 131;;Y1TNP....i.S WHOEBOY, the undersignedCiipoiiti4n; by 044.4.of..pirestpis; tiS day 'adopted these Restated Articles of .:" • .• • 10 . • ; .•••;".h• •• • ;•i,•• • g 0.••t .01 IncorporatIon In accordance with the applicable provisions of Ch. 617, Florida Statutes, and has caused these Restated Articles of Incorporation to be executed In Its name by Its President and Secretary, this f51dayof UST t 1985. POINT VIEW ASSOCIACTION, INC. By flte Ecluar o . tares, ecretary STATE OF FLORIDA COUNTY OF DADE BEFORE ME, a Nota.ry Public authorized to take acknowledgements in the State and County set forth' above, personally' appeared BERNARD KOPEL, known to me and known by 'ma • to be the person who executed the foregoing ArtIcles of . • . . IncOrpbratIon, and las acknowledged before me that he executed ' :•15itthee • '-• WITNESS i/HEREOF, I have hereunder set my hand and • • . ' affixed MY. official sea11 In Dade County, Florida, this t•r/4 day of ••••:.; 1985. f•• .;:•• ••;" .• • • ‘A • •••. 1)2 •‘, ▪ • s• • • • • NO it•RY PUBLIda.""q11 . CC • n . . . • • •• thgazoi;b4Putrso, Stele of Portda .:s • -.4•1>ti..?;.-. • thiu Mecyris.rd Bowing ApLal . ▪ •.. • • • • • ExPtlas Aorn 4, le enay it•tr, t', • ... • •• ia.4k4";1,4!•:e-! •- • " • , -944 • I,. • . •• .• • • • as3,r90,7•04 ii,vyt:c.:s, t..., — 4, • • " • • " • • • i • •-••••: Submitted into the puli,c cord for itgm(s) on Ill/ City Clerk ORPORATION ANNUAL REPORT 1985 E0 DAY NOTICE or INTENT TO DISSOLVE Memo.. ovum we n OF S FA re 0.o5).Proton. Secretary of Orate ONISION OP CORPOnAYIONa • 4 Bead Notice and Inshuct)onb an Other Stde Betore Making Entrtee pa. • Filing Fee of $20 Required —• Make Checks Payable To: Secretary Of' ttale 1. Nam and Mdntas of Corporation Pnnelpal Office: rPONTIi%b7,86 4 1 3ar15FiSV RgAYSHOREIDRIVEp INC. , ' • APT . 1114 MIAMI, FL 33131 L. . ._ .. .. J. If above address 1s Inconect In any nay, enter the correct address In item 2.4nctudo Zp Cod,. 2, Enter Change of Addpni.el carooraaon Ponopat ' s Mae. PA eor Numbn Alone is NUT Sulhctent' Street Address xi I.O. Sas No. n City end State a bp God* r 3.• oetefneorporatdor Queelted / / 98 s To Do ausitafilit Florida 4. Federal imatoyer Identlheetton Humber (PEIN) S. Datoot 12/21/1584 Lost thread 5. Masks soli Wee) Addresses of filch Oaken and Cheater, as al Chamber SI. tttsa • • i�ir)ws of Olnara t • and Drreaton Title a BttOlat Address 1 h a tto NOT Use Post 04lto. no, Nwnbers} Cty. Slate and zip Code ' s 5LANU4.LLA. WILL 1A11 J. SOLARES, EDWARD J. 1056.06 IRVIN FELLQHES. EVELYN K'OPEL•,, BERNARD U 0 0 D P/D 14r:U 5. BAYbHURE UR1VE 1440 5. BAYSHORE DRIVE 1430 Si. BAYSHORE DRIVE 1408 S. BAYSHORE DRIVE 1450 5. BAYSHORE DRIVE tilAlt1, FL MIAMI, FL MIAMI, FL MIAMI, FL NIANI, FL . Registered Aged Infarmelll} • • • t. Nuns an¢ Address of Oaten Registered Ag tit - _ , S. Name and Address of New Registered Agent .• .kOPE•E:,• 13ERN*�lp P• ,. ,. .. }�ppAA RgT HE MT 1.L1 Y •• E450.S. SAYSHORE DRIVE. }IIANI • FL 33137. Nair. at _ ,_. Street Address (Oo NOT Use P.O. Box Number) as City and state es up code ea • ;0IPtasuagltotMProvts 'lansof eiectsona601,03, and 501.031.FtoddaStatutes, lhoahoy .•nam.,dcorpora lion. orgenlo dunder Melewsofthe Stat.otFtarlda•aubrata Ohio ata't.menl for the putpcoe of changing i e t.g:tlered ofdu of registered agent ar troth. in the slate or Florida, -, t, Fbo g. was authorised by notation duty adopted by its baud al directors an: . ,I hatabif aoeept the appointment of reolstond seen. l am Cannier with, and adept the obligations et. Section emits P.$ l'it, nATE ' ,t , .. • tReolsiere.AosntAcuPttnoAopotntment) i =; ; :. '• ...1 •$ JIO additional tee required for Registered Agent changes. :;;1. ,,, ,, .. • _ . .r,'• . " "'. 8a. alenshno risldeoone ender tnarnrcrlonson lives. aide of this fomr, • 4•% .� CartlN•Aal l•Am An blltcar of the CorpOratlor+, U1,,Rar:.Iret Or Tnrataa Empow.nd to Eaeeuter This RepaA as Rswtrsd by Chapter tiaT Y.S. ,r F• fulthar Thai I Understand My Stgn.twe On la Report Shall Hasa the Same Lsoor edicts Al 11 tAedp Undo; OWt. i :`Ot1Ift..10n)r mtii(blatialltsloc0. . -_.... _. . . f,Pglta �`J r .t, si:.. k:: �' `. • �'yt1t:' ' Dale 7 �y ••• ,r:•'• 1t{ 14i titokt{ii�a,.Otq r.•: Z1 1R ''�. : ,t''` _; `• : TtteL Tsl,plton. Numb . • .• " .es1bafNr . 0 3S�t--o/3p pt td ailso... r f: • Wsttii try k -a .' ., : tr - yq lt� Vq �r r5, 1,��dryt `r:a R°: ... • emyr c.A'Te OF STATUB0 s SO .z t�S'n *,. '` 6t•.x_h11„ .iiialoiii ktt.�et�U:i/d'for 4 Cer)i7lw,q or Statue - • YYYYYY 2t e Submitted into the PUb,kC record /}i;r i1 m(s) L.1) on )(J ✓1/)'g . city clerk Z1U� BATE ON OR AFTER JANUARY 1 DELINQUENT AFTER ,JULY 1 OF EACH YEAR - CORPORATION Ew�ay,� ,•ao (1-111::FLORIDA DEPARTMENT Of erATE ANNUAL REPORT ,tee:57. Moms et Srete 1986 p� � DIVISION OF OOIfPORATIONS L rwz umtr tt.,I«e **ACC •r ' • .• )f' r • 1. 1 `/ li¢oi1; tt6 IcC;Qritf IndliuclidriiVti'O,Ihoi SIdd.Bo ore `1;!.: ,,, ,Flllnrj o of;$20;tiequlrets :Mluxe iShe ks;'aybb. r t hliie Ftilifdi . 4 ►: "' •( !•,: ` To: S8ciafary'ot Sfftd;,r >r ?. ,• 7 Entpr Change of Addraaa of Catpl i on Pro,olpsl Otllce, P.O, got N_umbrr Afono 1a NOT 814hc,ant - } 1. Name Ind Address of Capp/anon Pflnelpal Office: rn.i 4 POIT1T VIEW ASSOCIRTICN, INC. 14$O S. aWslioRE DIVE. PT. 1114 KIWI. FL. 33131 "' 11 abate address Is me0naet In any way, enter the wnett addles) ingem 7,Incfude2lioCade. _ _ .,�.,�_. .ee.�a,..aa:_.r.•._ SUM AdcI 21 , , P O. Bar No. 22 - - -- — • • • • Gay and sum is - - Ito Cod.2a _ _ "--09/13/19135 __ 2. oat* Itcotpo+atedarOuatlnrd 11/1D/1983 a retinalEmpoyet 5 D4tr0f To Do Badness in Panda tdenUlleallon Nuetbar VEIN) Lill Report 0, Names) and Flraat Addresril5. pl €041.91(Ig}r•ip4A,ptalor, at.0,1 Daumbor,3it ISO,' „ _ _•• ' Mama 01 Officers r minond Claxton . - ....._,fOQNOTIIse?Jtat011tc9BasNattberat 2 Tithe Street Arldrili d Eaah 3 O(Ireaend Ofrecfa . CBYsod SW■ 4 •--•. • . . . S taDI DELLA, WILLIF<'( J. 90L1'1FESr ° EDWfRD J. 14:1f*CF4, TRVxt4 FELLax.r.% EVELYN D D 0 0 Pin LAM S. BAYSI-cRE DRIVE 1440 S. SAVS14ORE DRIVE L433 S. E Y•P51-IORE DRIVE 14Ce 9. 6AYSNORE DRIVE 1450 S. BAYSi-IOFC DRIVE filair. FL MIMI, FL hIF41I. FL ►MIAMI, FL MIAP1I. FL 4QFO , RIERWIRD i '-.il. ' r 7. •ne_Pn0 A9.lir!tESt- - JAtL2 REGISTERED glsllnd Agont AG£NT• . - -, -.— INFORMATION a. Name and :.AIR1 t'. r '? Alarm RL:1Klteglsterad Agent , _, PPTrIFNP 1L14 1450 S. BAYSWORE DRIVE MI.IINI. FL. 33131. °. . �- ._. .__.._ .._� Nemo SI ,. Street Address (Do NOT Use P.O. Bos NUmter) a2 _ --.. .. .. - t City and Sut. 67 '" -.. .^. ��:... Zlp Cade 84 • 9. PWawmt 101he provision* of 8aedoas I07.004 and 60T,MI FlOdde Statatee. the abolre•nmud corporation. Incapontod Lynda the lawn al the Stale of Tlatkle. aubmdc* Ihfs statement for the Steepen otchm glop Rsettnatstsd allh:er of ieg(teredegenl. or boll lathe Bete et I'fonde. • .5uth the/wove s sedhaAsed lty nsoludandlAp adopUd byUs baud 01 dbemto a _ • I hereby eoaepc the appoudm tt of raglatet.d igen/ 1 em (amnia vrhlb and eceapl In* obllysllone of. Sagan 0p7.32S P.8. t . • SIONATUBE • (RagLalered *goneAces:ung Appafnlmenfl ,r53,q.-enitilticriolce.icquliedfai:Pc{psteiodAgotileti:itgee:tT!! : t, -.; 10. ass NSnelme marrffons under Hutme nt.. on rawrre AA, of thle fwm. • .. I Cl;dly that 1 Am M O4Rear pi the OorporalIon. the Receive; or Trustee Ernpowe.ed to Eaeoute The Reparl as Requfmd by Chapter607 F.S. I•'' 1 (yQrther Certlty Thal I understand My Signature On Thla Papolt 6hag Have the Same Legal Erleau As II Made Under Oath • r (Ol(eer 11 Y roust a Iistsd In stock 0). a yn:tur ••• ,..•. • Dade / ra Typed lmyy41�1.514��•I,,00 pp) .:. •::t;L�:: `p5dth� . .. . Tide - csc edr. _. . •- - --- Telephone by 374. ( 6Y 5+ fi R rdgliRetlabi:oi' t t:l!!11.-atP nI.SttIUv dt (IMP K, W/lirar 9 U;FES. ECIZRD J. 1Q,RACH6 IRVIN FELLOWS. EVELYN scot 1, ernrxRo FILE NM! CORPORATION ANNUAL REPORT 1987 ANNUAL. RRT t.OR1DA DCPARTst#NT of sere Osage Megan,/ ttecRgrr of Stale DIVtgiOh OP C014PORATlON3 J';;•:%--.',-,:�i: jiCiJ 1�pilc.,u�d bliiUelfgne'Ofi�Oti)�7, 61J4AP19fo fl.h�4 k� �ef: ••:�� `a:ieia ;_ Flllnq ie� of $2,:4gltlrGtl;•, Mp1.d'CE+eckg;Pb�rap(o Fo;spitotai.af;$fafus: 1. Nemo AfM Address ul Corporation Pnnclpal Ott'ca. 7?1186 .POINT VIEW AGSOCIATICN. INC. 1450 5.SAYSACRE. DRIVE PAT. 1114 MratI, FL X3131 4 tl',bode whim, a n,ewr0er .n env Way 9401 MI. Cana adstneS Submit cd i to ` publii1c cord for itfein(s) L. 6 �`� Clcrk DELattQUENT IE1gR a1lF4O'Y } A rJ TNf117i}/M115VACt FILED I98T RAR 18 PII Its 30 '-.;;ATE Cei:F a?A; •; i L 9SIO'1 6ntn, cn.noe of Andean, r Co po.,han Pr,0urot Once. P 0 0*A Humber NOD .s NOf em11717nt -: SOW Aadie.s its • P O Don No 22 r•Ity and State ?2 —_•~ •• Z•n Coos 2e in 4am 2 include Zip Cod', - - 0. Oat. Incorporated w Ow¢ped 1L.1Q/19gb a r•de'at C•+Ct+yar 5 o,to at C1,.28/1tJ8li TO DO OUf1Raq rn fldr,da tWM.lreafron Numbtle .fEiN) __- last Papyri 8 Names and Street Addrej.etoLE,arh arucu Ana AIractae.`s_et wco giber rlf , ..-,. ,.•,�• : tom' ; Nem',f of Officals Stan Alarms of f.ch and On -actors Y.ae OGe, and O. attar .•` ' 0 �O N01 Vse.• n . •1011_ (lox VumbclD . BAYS DRIVE 0 0 0 1420 S. 1440 S. RAYS) -TORE CRIVE 1430 S. SAYSHORE DRIVE 1408 S. e:A SHORE CRrvW 1450 S. RAYSI-II E CRIVE EetSTF.'"D'ARkPLT.INfORMATIO,N_ ;,' 04,.:! Tlm , Ne �aa.Addus_s dtafJJn) Reg.(Irted {fgant itqm... ammo FPARTtENT 1114 1450 S. t3f±1' i•CRE cRIVE MIFi II: Ft. 3zu131 Fqy ano stale e= Nam 81 d_ Nam and MIAt•R. t1 num. FL. ni>am. 1XFv1r. ^_ fflI q, FL .:4e and Slate Lte•.egndA•on. • . SUM Address 1 /Oa N0 W o P 0 sox Numu.71 82 .,.,,...ti T.•. I, S4m Address 2 tUUm NOT . P n.a 0 nlr Nuer) 83 it AtrYwnt to Me ods/oea el Seebona R3700a and GOT OW. Planda SrshDtw Ion .ba.e•ran•.d •=4po.a►on meatnomW under W Sims of the Unto el PIOnO. submits Ihlt sktoMunl lot Us purpose of ehap5blp.b Rtq`atOad *Ike Or toyrete+Nf aperd m bath. in Me Suu 01 Hands Nib&chchaopwesa sed t(4i Ad by43000paoral v • • e e naeopt the moo Aimed e. reolle,ed agent 1 am ram tar wdl and award the fib:matrons al So boa ear 828 P s •8Id11(j%7Hti .. ._., ,• , • 1 • _ Plftz • . 'N • :-fr:7t:, • r►M• • :. ":l • Iiiiialstew Aim accopdnly Apopilrmlenil S9.aq'dditia'r;ei ico'tgnitliod 1�13ieglslSreiS;A9Snf;ciiapber.' b 10. .,e signature nslikriera undo Irslasgbntra on MPS, We Or lira e0,m, • • rCeRily That 1 Am An Oitrcar of IVO Ca5Orab,,l, the Reeatie, o, TNftaa Empar.ared 'POP. * Tb.a ReptM of Rqubed W C7401$ 60T P ;1 WO80Cartlly That 1 Understand My 3.7inatw• On This Repon 88.su Moraine Some loyal 614eIr Ae If Made Under OW, :,'(Qlhces sldnlaa matt In listed ln'Plda 6). ....urn •n,. r T•Yp►d•1•Vit 41 etd)lhro :,tf:'sryoultiotlaa)th.eanrhex�tt91tut jibo • .:: - • N. iiYd �`�•�73i .. '�.•w:i: of �'..•�� lN5•.{.LiT=•... t'j..t. sTe .,: • •:-.141.51Y7WW' ►'ni' • Dale ,3/r1/i 7 TqI pee N..A$ac ace• •,• 'EJ: 1 ite On.OIC11�,S 1 �� S1 h -Cu into the publ'c 13 City Clerk r.. . t ::J VIT4 NOW1_ {NNUAL REPORT DELINRUENT AFTZ1 JU,p4, 1&._ ;ij' . L`•:; 44.0 '> PIonto xtMn+rn of sure Jr• S,a0 .. .4 vCRPORATON L hrlaeury a 71ats • _". ifr••,• 'DNNION OP CGIPORtM10T4S I. :„� 'U,cls0Qh' rk� .1..Q, i,9lii`�r.bfH'i!Q 604'.IS29fi2 04. ijlplyON):04tihlii.T .SecCi. ,I.SDI riiiiWi io'LIailarptt ryYCo+o*,ii,dt pr.r.upai j 1 ? Olbcs. PO Doe Iamb*. None 4 WI Suits gnt • 9:1186 Bade P rlrrels2l . ANNUAL REPORT 1988 1. Nemv etel Addna. of CapraNn P/:lgvl pr4a POINT VIEW ASSOCIATION, INC. 1450 8. DAYSHORB DRIVE APT. 1114 HIAMI, FL 33131 . C.eiin1Dtaiu21 V otosu PAPAS% di *:Cdrdtl N Ally way aMPr Ire 401441 VAMP, ., ,.m ? rn4ude 7.p r'ou. ....2. _..s •.....�_.. ..r.•as'.•....N.+*re,.•+,•_,r�_r`._a�,-�_.1_....—_.,•1...., r.__.p.•. Y.•.,• 3 Onto Uloagrtal.y w aukRW I a kajCI,AlTin,(MY _.. 6 Paled oCofu;vwuAANode 11/10/1983 Iduro.rc.tatllumearULt4 tA117laI I 03/18/1987 r!s ..r.-ierr ca-,•ro,-+.nrxar+. -ass ..ewes...• .3v. .r jv_v s." '''' &4.511A,4'. '�,: rt a.: 0. narnea 0^IssodaM4,tstos lJ E.vh r„Ig I, eld Uretuse. o d Dete,nuo, it I,la7 .4 -.--...--.-- Igayl al Onwrf l s*n:�•a%ass o�Cacn ----" WI Mai*UIIe Ut•:r, dM C' clor 1 Mr and &Lo •e�,•.r.rr_--r...f?.._.-..r- .1. 'LP, \`Ol VAN Put10'Icn 90t llmo04?, __�ra ----r-- 5 1420 8. !IN/SHORE DRIVS MIAH1, FL WQAYNEI, HARK yS KORACH, IRVIN FBLLON88, BVBLYN KOPBL, BERNARD •KOPHL, APARTMENT 1114 1450 8. BAYSHORE DRIVE MIAMI. FL 33131 S. 9AYSHOPE DRIVE D 1430 S. BRYSHORS DRIVE 0•"ff�• 1408 8. 9AYSHORB DRIVE //a 14S0 S. RAVSHORE DRIVE Items a1 Moot 4ddns; 1 tOo P101 Usa P 00s }l40TIar, el j 6b0i1 Mdt.fi i 10o MOT Vso PO Box 1Iu.v 1r183 MIAMI. FL HIAMI, FL MIAMI, FL MIAMI, FL FL. Zip Code 01 ;•r '.L - •: 0brPoi wuannttlo�Ud�tdarnvAatf�cr000fSaai607 0344rd66v7. o?..oF+dom%ru.. o+Aawl•w +padclrfirs+al.r.mpnsdt. oavoo erthetansaaw0drlonie.womaseaspawners i•'_ t' . CN+Jt�Ow du*WasayDlafmfEf t6onA/Ya DOWWOWrddd Wboth,00on Solo eFama • ( A.,.gIMeppoke.A.4ten0:wedsetvtTamTimJitWI. Zoo l Rit .ons�i. '007StIF4. • 52010• • • 't +mod Agt i Ao io0n6 SPpocar„ort4 .'1111 • J1 i kh7 t cdwra*t!4 da% N.1 ro,na4.d Eul:nofa N Fbr 11 ......... , ` ..-. ,.r __: Sal s)gtlaAav edictklvur ton, sanction,er on ins kde of ttif tom iCort.. t TM t Am' .Olroat a Outdo, a Ouerr» Cc.puado% Pw c Te Rao«o as Ewa * c nd Id E.oc& .e T .e Aga!n Rau tred by Our*607 FS ••1 1 biVldt t'tpW'1• j)h$1 Undendentl Mt 6,praw ed On Tel' flagon Shad I lava No Same Lr9tl ERrtti MI 4 Mad* Undo, 0YS.. Kite flo•a adb *to rivet:, Foam i? MAR) g-I15r✓nl `-1.. turrr eAT,Vcr STATUS DESU EO Nerphe ad, PaAed 3 9s b • • -.Cet66cdt0'19 Status ANNUN.r... EBBORT DELruclUENi• AFT gR JUL :„ .1.919140RATION -ANNUAL REPoFrr 1989 fl*mosad Addles* of Corporation Norval Olke: ZIP + 4 771186 4 POINT VIEW ASSOCIATION, INC. 2.460 8. BAYS/108$ DRIVE APT. 1114 MIAMI, FL 3.1131 P1.01110.4 OHPARTMINT OF sum Jiro Irrille ifffooforY al Raw DIVISIONOF CORPORATIONS POrqati.of Safa 11 &Savo 616,44.4 .1 =coact ul any 7 int one( Ur cartel 4d:44a ind.40 70pC040, '3. 0•16f frtoonfOr671.. 0741664 To0offlfanoWnnoll _1141°..11P83 t6 .04:1m0 and Surat Af6fitualo_gar,o_91A4( god Sneftst. 61•01 oatotio4 *" *""AVV"..r.IVIIT•1"!7"P • • PIO P/0 turro s of 016:ars aro Minton P X- GA42o ARE, BOLKER SDRACH, IRVIN FELLOW'S. EVELYN Kant., EIBRNARts Wm, A44,461 or 674n Mar 44440473,6 3 (0e2tr g1/40 1.1÷ tivisinn.$ _ 1420 S. RAY8HORE DRIVE 1430 S. BAYSHOR8 DRIVE 1430 8. !AMORE DRIVE 1408 3. BAYSHORE DRIVE 1450 S. BAYSHORE DRIVE 7001••• t )UAMI, MiAMI, FL MANI. FL MIAMI, FL MIAMI. FL • WAn . • • • • Meat 676 asa tDo NOV us• PO. 87, Nnon77N 62 `11(13PSLi BERNARD '0•4 APARilligtiT I (14 14E0 8, BAYSHORIE DRIVE tHisIAHI, Ft. 33131 ° Suter Aria,e4s iffo NOT Use PO Da Numtat 04 514714 Co47 65 '•igti•41reknit.=•e4 Saga* 007.03i and807 0.17, Float SWAY illa algoknaawd a-v*1RM ecaDolsiod gni, Pe saws d Mt Stntt at MAU. utornts • re.6 sles..rtua atr t't agrediffivi *Pa Mrecit 19#04 atorcasA ve tun ce Pa. 4 • svot ndS 3.010•ruKITS;Sch.030,501A, --,_ .11tIVIrt•Xt•xs-tisig•-••--•••• ^, • •c-tr-r ' :1.. It '' ''' ' ' ‘ ,;•••11 INefty.,Scc.rnI 44 4 pectto/Ot of nut•taert spent. 1101410*r %Vt. MI nosm Inn 00 pawn s. a, 574ron WM* I S. •L'.:, 1•::: ,....' 1 S•i*P111E • . . . • .4.....•• ,,..60.4..„.., om,1%..it•,.....,..tadtiz*,-. — - tereS.- ••••••••- -1,_ 4, • • : • ' ; •.'. • Poi` WAS AM% kosizim0 0.09:nywn."4 .7f....ACLC-:::••••711V•e• .4: • • :-;•,111••7µWW-010"!•-• W37-• • ' . r • F.' i• .. V Aria 1irs.a.f43 kl '..„10- • A. . Sat PgnaPire lomat Ornalorinouslan s en mtors. so, iii Al *NT% . • That t,siI101101bnof o, °peat ottbr.cotporaby.. lin P7•13614 of 3u01oa Erno0477ed to 660.3.47 Ma Report 4511730e° Of Cnagoe e07 KS Slut lik04444pd * WAYS D. TOX TWA Slut )4x4 trk sin% Imp/ 46x1'. As 111.460 Una,' ow, t 67160 fgor.664, ° • ....,...... +ass. ,...,.•••",•••••••,•71•••• -. ...tr.:: t-,41101131=0:="1,01tC•X:'.•• ': .'..t [ Ade( i fraff frillm4ts044 0000034 44 S140.10 CR, tgl..1 1140 SiThnitted inlo the public 1,1_13 receid for ite s) } City • . • ‘4.,74.7: • °3'r rgA F4r1; • • 2g "-: • • 2 Enldv ct;ango of Andress 01Cof poratt n fitnas at 017:e. P.O. 8o4 Number None Fs N91' of 51.70L fkidfear 21 Pa 80.110 22 I -Wry a no Sudo 23 t3'17 Ono. 24 • 5 oai. 02/23/1088 kfenthC4624 1 et ;FEIN LoN Repel Mir Submitted into the publi record f br itc .1(s) City Clerk MAY 16, 1989 DIVISION OF CORPORATIONS NOTICE OF INCOMPLETE ANNUAL REPORT 771188 4 POINT VIEW ASSOCIATION, INC. 1450 S. BAYSHORE DRiVE APT. 1114 MiAMI,1133131 Your 1989 Corporation Annual Report has been received by the Department of State. Sec- tion 607.357(1)(d), Florida Statutes requires you to Include your Federal Employer Identifica- tion (FEI) number when thing the annual report. Our coriputer record Indleates this information was not included on the above named corporation's annual report th'_=eta' it Is considered In- . • complete. Please insert your FEI number in the tower portion of this, notice and return to• Division of Corporations P.O. Box 6327 Tallahassee, FL 32314 '417,7- % ' There Is no additional fee to Include the FEI number in the corporation's r• rmanent record. • DOCUMENT NUMBER: 771186 4 % iti ▪ y. • • CORPORATION NAME: POiNT VIEW ASSOCIATION, INC. IFORAL EMPLOYER INDENTIFICATION NUMBER:may - Lit 2, z� 'FEDERAL EMPLOYER INDENTIFICATION NUMBER AP: UED FOR: YES • t.; NO • IF YOU DO NOT HAVE AN FEI NUMBER, GIVE EXPLANATION: +, ▪ r'r , • NOTICE: THIS FORM MUST BE COMPLETED AND RETURNED PRIOR TO • ;} • DULY 15, 1989 OR THIS CORPORATION'S ANNUAL REPORT WILL BE CONSIDERED INCOMPLETE AND INACCURATE. Arr w1s s.— • FILE NOW THIS ANNUAL CORPORATION ANNUAL REPORT 1990 flOp1:1131. , 11, cA_ . City Clerk REPORT WILL BE DELINOIJENT AFTER JULY 1ST ‘e asattesa 4 WC. W3 .111.5 tru.C£ • n.coto ouvan.tatarr or Siva Jvn Smith Otott4ty0 31.10. MI$CH Or ocapep,o 31tS ''''" • t••••...f.-477.0sf•Iallitc.i.) fwmantw•Ak;cli0aF7,5;iiiabc.10/0.1,5:napfujc, '1,t- Falai§ Fe0 of 435 Rotralicti•- Mak° Clie00 Pay013 0 To .1eCogory ut Slate. .1 • Him And Audi ess �cceptra.:n Printva orke 771186 4 27P + 4 PRESORT POINT VIEW ASSOCIATION, INC. 1450 S. OAYSHORE DRIVE APT. 1114 MIAMI, FL 33131-3612 r aim* alclrebi,S•Atorwl .1. VI an, rms. tPs Lm. n 4on. ; Z.p Gus* 1.53,3,fpR F, • . II, le ' • .• • •:- (- 2-1(421 fiVo. • r, 0507.1 JotInt 36 t•Ccv. P 0 Aviv 4 NO' 6.e...iv( Ma NA1.2 t‘f an,. crq rg41 4..b qr.; Atrrvnielbot . . .13 63,41; e.)11 I • .1;;,14,4. •••" • I ••• •• • • ' 3 Cm 'Wm. 5).4V4,1 if 0 983 N.01,1301 AWNS AP el — .--4c.nZ• • r," . tai. • T4 De r• • Ill t4lc":4. 59-2427470 1•41.1.4. ••• trimaran* su.ar A.r.vi.Ta a a* a...ch Oka. D,r .131 tA= . nowt= 'inn .1:r4. .4.:4.4.11.,44. • 41 V.14. %war 0 0..0.1 • • NE • ! D Agli:11913E ;.T* RX•e:41 • • • • — • -116A-6(1-64°.4411 r —1430 S. •trAYSii0REDRIVE MIAMI, FL c 4. Pip ; FELL S, EVEL'iN. 09, 14.011061110 a ' •• . . k3.1STERE6 '30"1 • kflPE'L—BERMRO * APAR4ET-144+ t4f4-,S,-4AVVORE-DRIVE MIrtilfr-F-L-384,9÷ I 0+10 rem. caw ari• 0.144.1 .. 1 . g 1 D 1420-S. DAYSHORE DRIVE -1,071771. 1430 5. RAYSHORE DRZVE• FL • 1•••••• 4. • • • •• I•4 daMMW • • • • . rm... • •• • • .1. ••• am • •••• 11...==. NOR S.-ITAYsiibit bid* "—RN r, FL 1450 S. RAYSHORE dRIVE • • • • OM. - UM -.....--.. • ••-1 .....4.:m.t.::.casioakitudouris.Um. • • SNNI•v.i.ls-s.. 7., KIT Urn PG Eln. Itt..ncor DJ, . .......". • • A• ri 0 q I.3 : ..--s....;,4;:r.E., i.41.:,-,1;kr.:;;;;;..,-.7.7,: -..i ift s' 5 • DAysme4e:par/-6:" ........... .:,,,• • s..... , z.-0....,-1 iti r 4 Pti ti-ofe /.1)A1 FL. : .3.-3/./i . a mamma la ft.: am*" a firaors 6I12 WI itirl ear 010' Floe& Stib.ens 2+1 b..104 "are.: -rrobwe ••,rn.r•bo.- .‘cso *es,- .r.- r•-•-•:. "-•„- •was**Aro auramwra - 'attar JINN:490F 04•9,7j 41. *SWIM Crlt 01 rt90..V4 VW*. C. DV pgii GINLNOG14.3..nio.uaci ell rota -eat ogr Jo= I Wt. ••vl :I a"exn '•••• • • - - • - ...... .....-• ..-- .......- • -..__ ._ ..________ I natty at 47 14 enr oi rib wt., •svnew +rm. 4..2 4:-.-vci 1.....filbrarer. J 5.....Yott .54, 13 . S . . ALOC•rertrbb . . as, *sx riorns.ro. 74.444 a. 7* 47141 •44.7t v, 1..e.L.4.443:L»nrutal a. b..* aril rbrebr -b,1 74 "b. 404•01,VG tr.bCrLe4Inb 'axt bmt t ewes rn,azr, CpalhrhJr.br reMly V•al I Art On cros CAW cr P,wp I. '0.04, .1.1, ;Kra 14z,17d Grylecta CCM f .t • 4- .441.4,...• ".•••••"0-1.1. rk,;;---j; r ' 'Water ow .• Aca..lam sma.lara..7.----,"a4.1 "77' . ••• • . " Chltnncate cfEaprus maim, • s core on the publ�� r itcyn(s) ,1 City Clerk rr,l:x.•;7�: !'w.+'• !; Fk"Y•:Fi �:{'ih`' !.li.� t'.' LiL" ny �i'. ° :'F �k Nair ioReOPAT S.TAT s f e �. •. l• • ,} • az I ..4 • 44 3 ? ' 6t •I• •6 1. 4 t' •. . • • . lec.8OP ETAY1:J ia:)r�o Cr1PUl1�T104S xl.. 1ALLANASSee, Pl.,. . ALSO . CONWORMiNnwar•ACE , .,`•.; O©APORAT1ON .ti`Ap . : .... . •. F.',7; F FR01l7EnkiidMOFArme .•i.. `.•.,f• •• ).•,.; Y.. ' itNNPA1:-140'0RT. 'arto r•2• wArei loNordayyRamm ' ,1' R l9rnstrorlrn u*tIlu a9B:;u). I,t,mgrt, -- :-i...::' .FlLINC' I E $6i ,25 MakR.IN3yabic-To ,Secre0ry;of Sfate_ ;y. ';t:Nxmytidryl nd6i•P IWrir..od.• bOCUMENT:#77111I 6 .{4) ie• • • • ,14.•,,rr,:, t• • _. .... FOitM•VIE r:'�.ssperAtioN, (NC. ' . MO: S. • DAY¢HORE 'DRIVE, APT 11913 C/0 E. FELLOWS • :—MIAMI MIAMI FL 33131-8866 uabove addtesaucoa. tnu,nanyway, lino through lh.btteurheiwW ormasonntrma.aaobou+.Pea*2 2 IIAd�mNaArkl,rvtq,ncon.etaanytray.too Uln ne. . B m, 4 ace.mAw+ T1rsIWtt.1t Ne a=tt, c.N6Wv3�al:O rret•di one ne SI Malec, Address - . ... 42 P.O Bon No 23 City ardslate 44 Zia Cads 3. aw trouparaud 'ifOu$46so w roelmnenvlPwnd 11/10/1983 . kir-pala•a t.44 goat -. . 4.•PEI41aer' • - ••• FE1I'orbtrAFpyed FCr 6 ' % AiUdo ui,reeky-Nil/cm.,: • • ' ; nl ;' 03/22/199i 59.24274TO AT FSTA,t, Erw6D;•I•, fE17A.r1,atNotAoa(cabsa C4'Plifs`GTEOFSTATUSOESifltb[� .r•�p�. O. Nampa and SlopeAdd astof— OTE*Cii d Yid Ok*Clor WO not ilt4 Ant CotRCt,Ort SA G It . Saler trlfCY+ R �' - • ' • • • • TRia . � Names alPfbcan S< and Madam Racal Adams 08oar100'recoorff - 3 Manor the WWcc�frlc. Bo. neerwsi --. Cry Sala •----• 4 ;D/S GREEN, LORN 1420 S. BAYSHORE DRIVE MIAMI, FL 0-008033AFREERE R.��cey 1430 S. BAYSHORE DRIVE � MIANI, FL,131113t D OARCELO, GLADYS 1450 S. BAYSHORE DRIVE MIAMI, FL P/D FELLOWS, EVELYN 1408 S. BAYSHORE DRIVE UTAMI, FL .0 DIAZ, FRANK 1440 S. BAYSHORE DRIVE MIAMI, FL .ilEilSTERED'AGENT INFORMATION _ do ;hr.e slit) C '7.Ntans and AddamsofConant nettle 'ad Agin, • • - -' .. FELLOWS, EVELYN ' -31r.et Atxj-..t • 109riot ua. r 0 • it..-ceri 1J'oi 5 asvisweRE.D.e- q,,- P J.a7' •1408 S BAYSHORE DR as sl..r AOQ•es,z teok:A. ur* e e 13.4•I1,}ru.tt MIAMI, FL 33131 °' c^' i �� r FL. s' '°a Copan 3313) _ _ �..r��yM R. Hnrrunttoat; Proova:Tel3td10nf607t1klieodid/7506esittRi6 usee 07r 7• i'k'J+iJ:.kr..04F i d jir�f�uiY&r.liriii rat.l.ert . • for theptrpvs.o)Minorn*q �4 reasttredolfera mortared a1,nl. a ilo;h•a 1.e Szd'e Cl Ftr,• *s.d: C...pe Asa * I;8s r3 0. t•y,rme..t••n s gotta a dre0,0r ( hoary .teea010ts odpodw08t .sr*j1tcIcdvent I .in lure x tA4I. OM aged C@'0 oom" r• 4, .c-. 037Ci0d •"t-...IraA.:Sr YYpp !s10tLtiUR6 �W r_tau._h.. r. .1 A tRearat.iad ant Aeon g ,tl . — _ _ _. . . •10. Tti$s cotporadon hss bee% for intangOb to., under S 199 O Z Pe gultiatt+es (es ; Ftry , I.r•'u uP.r *le y p.mfp M xttlrr{ ve lay )�, •- rr.•eaws.oeer um • a4 r.m_...r1,11rerSOW.h4 i:SnLf. • w♦ 1 8 11. I cail.ty that Ma4Narmoilon.ad e*ted an 0*0 Irma! report or si.oftenMai'dt .•r'n0• repeat isoaf 31 8cursta and or •..f .•gout. Vale Nat., d V uroo lanai *Nett.{ it • Marla under oath 1IuAMi eaWith•ll am an *Rua or dnega oftg.cara_•daareyf roomer or n,.00I. amoevie•sutr,u•ate t1.7 wok, as mooed to Ctalpaet 607a , : Cttaples 617. Rodd* Sutrt.& trio wi s WOG a 41 B'*Ct 5 re at e owrn.0 NCl an aurora. SIGN ATURE ' �• 4a� a • 3 7� 'T a ,: Typedf�arnsdRlp+vtp - r,A. --• ,'• •f:•.'d.6b.)Af 1 t LI7t $ i TiR&s, DeAt/ •"t:GPrd•a m _ ( 3_f) .377`.?9C0 '. tT.,Shou o you Wish td ContAbutq 4o ins E8e tgr1 Clfl7pargct Frrm.crng Trust Ftnld chefs: the bet and include an add6onW 5500 to the Meg be. �i1 ti�:lct. •t. � ...r4 si'.,;.:A .. :} :+•{'1..,!.. L � . .. .__ .. .. _ ... . _._ J..•.1•,•_ A s • Ste NoW. Flflng Fee after May Vs $.223.00 . . • CORPORATION ANNUAL REPORT 1993 S. Mona orkiMalso Adritas of Coops:Wow it(-1 into t!uc ilff1)(;) City Cler;-• • - ' ."4 • _ . • `• • '•".11:0 • noinriA DEPAntwair OF STATE Jos &rah SUesoltey 01 MOS 084010,4CPCORPORVIONS • , • Z.., •••.• 4•-• ---'• ! POINT VIEW ASSOCIATION, INC- 1408 S BAYSHORE DR-al C/0 E. FELLOWS WAN FL 33131-3888 DOCUMENT # 771186 (4) Sabato :mina Idtkos5 nuunNi qttratiqs ZSOu‘i, r4Aui1o'wdMa oxotattE17107, „ MING FEZEi_ffltt1AkRP33t.31.23 VP/4M WM-FEE MAO MAKE C.._ P.AYAELE PEPIMMIEWNE _ M;l1A117s8...434 st... Apt. i.ortc. 721 AP7- oyeei aly MO "61 4/g 4;2/ P-1-• „,... Sufic am, 2. 110. 2i (*SSW, -2-111 2:4* &miry biS 141 3a140...a 6 731 3/120 a" 11) • 0, NUMMI Adtr70.1.W CntK0gti101*d Ant* FELLOWES, EVELYN 1408 S BAYSHORE DR APT 1007 MIAMI FL 33131 " ":' :."1"..7F-- • ..mr110YEE (7' SYATIF '..11:if KINN 17)V. • • - • 4:-A11.1"."IrE.4•L1. 4.r.; I.V -7. Daus Iscorporsted or MOW I/ PO/1M 4. Fel trfrbs: 92427470 s.c..soksulsigtia=r-d- DOHIYIVAMEIMIIMAPPACE 3a. Ws oltssl Avail WSW :99g Ansisd fo. Rot Af4A071757 4.- • • • -N.,- eACtiC. I Compatn FIntslenti 7:4: Puna COrttnIzOtn 1%unuy SI 12 Narna $.5.00 stay Bo ' ' Added Ss 'Rat 7. Nano:04%M g isiAii) ri $13825 Sum:mental Tax Emma Status Fro Not Iteltiot S. nu corporation Ku tot unahot•ba WA wad A.. 7•92.ft• Z. Fwd.) Salutes .. - la. Nara!, NMI Adgial_2( Reda NI ItireiVatnt &test Addi ass tP.0. Bo+ titapice: 111i-a Atolo• -stAs; • 13 • KU- Tot Zip CoXfs 50 COOntr; M. PI: u. : „a on:Moons orrocions-graZ 4;Z 80. ii SOS or Section 817.11= and d IL Md. Nada &Mutts. 12* aber.r-named Seeponsb00 subasts ass sisl000nt tor . , • , aa SI SW:PM 411 :assisted othoece regshatad tt1.1.•botry. rt Ina SW* cs Moth. suji oeta.09.555astuntod by fa* caporal:Ws tom' of amen. a. 1 lusslyi sc. :Is thy ns 4.) am •qq with ond Pease thr otAi bons a Slam wows. fwd. StaiNos 3GNA1/11/0 .1 ---_•:-..svaaroaemes .06.72,1,22.4. /9 -.4 •noacess .1,4 'Or W ......VIII • ...An ,. ... j ... -.POI • • • . ,..., ..,:woorm4sINSINK V".9:14r..* Itg..- . '. t , ..: _' ^13.- • • - - - OF MESS ,..JV Vaagart.gHAR3Z5 12. 4.; 1.214:4,41 1.7SOCRESS Orre.111.- ZIP 2.1 STU 72 HAWS 23 ACorsESS 2,4 art.a.z. LOAN 1420 3. 84YSHORE DRIVE 01,4111 FL 0 •88444944118AN4 MO S. 0,41,'SNORE mum 01,4111 F( 0 BAncELO, CLAMS 140 3. DAYSNORE DRIVE Mg FL V3, EVELYN inton 1403 S. BAYSNORE DIME WA(11 FL DIAL FRANK 1440 3. 84113086 DIME MUT FL 0 • • - . ss fur I 11 AA 12n:411 t 1 ACCPCSS 4 Cmc Sr 31 mu 7 soq.a , 1 3 ICOKSIS 3-g unt I irla .1 7 USIA 4 3 mit:* SS • OYY•ST.IF• 3: mit 1314)51. • ACIT42-S3 sit•r: 11.45 n • utu :. *7 44JOSI38 - S.40(17:11,421. 14. IOW*/ that thtsWoute‘on Wiz:SAGA trs2 Irnuskrepod 04 suPeloments: arrikat 1 sPOANS uus me ocorotsw0 WI m: synatu • au& ra.o11.414.1m4 4g.11 Owl as 4 rn..ida lode, ... .:=. , + Vi... Vart-4 UT. .. • P i ,.. •...,........, that I tan *akar es•Shcctes ai Me Garparesca es Du meow os austest ffspostesed to *Acute OvV a:at as e*Cattocl IN 0140.1-: 044 es C71o2.: el I .F41404 SZ 134 Chnli 0, On or sitoetanont WO. an -Akkess. . • ': • - --.1= .....1., ' 7' . ,-.. ,•---#45-&-l30/kil itir•P 71 - 4 -:--' oarytInt DOWVYle i .• ....‘.‘ (.34r1 _ a-r? •-7 p•St .. • . . .... • si.......4... - - - 14-43c. z- giodte 1)4 ilia Ivy, F2_ -a GM. Subm; I into the publit cord f r ite 1(s) City Clerk • . • .. • •• . • .. - .. . . ;•WP1..e.T. ••• ^ - •• '..: :t.';:5% -.072:2..c.•..e•SPOt ',:s'Et.X :ti'Vz.../ ; . -). : . fe:'••• -.I''./N% -.Ik 5 %Lk 146iir. FiLltiGi Ve Aftla3;t1tKrii:1S.1.225 OD' • • : 1 . . 6.t.^?*'Srqtr,•Tailirq•;,ixte ...... ...- ,.. : . : ,.;., _. • • : ..r4_ ...•••... .+i--.11.:.rimpm„ - .•..4 .•-•. .:•• r..„..,___:._. 00F1P0f1ATIoiti • A.4 .1r, 4t ty•,...aa.4 OltaAniestelf CC STA= ANNUAL. IRFP011T 1? ; W14.1 • JO Sa•-11. '•...4.4.4.,' treol1W, Pi 31m • "'I" 1994 ar4OON DT CrI MP•NIAKVIS , . FILED• 94 JAI; 27 Dr . . An II: 27 . . ..- • • • -...., .....---Ifew ...- ....;.--..7T.-..r•r - a. Caram...t. N4..e.• An' PEW ASSOC:00k WC. • • . DOCUMENT # 711188 (4) - pECRETARY OF STATE TALLAIIASSEE. FLORIDA I . .._-• • - - • - patina AJ3ose Pave:a ruco ot Dustioes . 1107 & BAYSHORE Dmvo. APT P100/ 1400 a BAYSHORE DANE API II00t CIO E. MIMS C/0 E. FaLawES 11144FL 311910:14 1/1/14 FL 13130664 00 :0- yimae tN DIA SPACE a mAsertfili•vP..., rx.casq ex•I‘Nts•rn°Z•234p pr-slai-taim.r.f2olsei.casseek-- .0,yds°,,,.. ... 3. ano Incapayosio; Cluag43 iii:ox.t, Lad 04MA . 11/10/1983 ... 1 Q3/09 1993 , 51.• MO Intl Allwico - -iq - . 2°. Pm` aast Soca of austicse Tel 4. MI Mort* 592427470 ..... _ ky.ted Fa mold.poscadia aita. Aos .. cc. 34 . • Wt. Apt. 0. dm 27 S. Ced.f.cater at Satin Dowd $6,76-Adjanichri Ct. 'TATti 0 I. ion un Prtrtrae:11:4 El 01.14 Stole 331 My a Siert -. 331 . cocwott &Arndt • n . 76 Surrimlesuct Fe. $6.00 ilia BO AMR! to Fete r.7 Ill CatneY iir EV• - COuldy - 6. Thai anotatoliTat tisliy Ic; nuris Honda Slitul as U Yet 1E-`1.) . . .. - .... . . . tat wow S; 166k02. . g, Emig imijigthg; siztulat aggiitesK1 Awl . - . . - -I ---- - 1W9. NSIsELAtidttitst.H.tw nealvemi /42en I 6% tewne. 02 1408 8 8AYSHORE DR Saul Atilaws S..3. MIA tesoutO• Is Mat tkca^taSt • .. APT 1007 03 MIAMI FL 33131 te Csv FL Iasi 50cod* 1 t. Parowl I° ihr. at...4*u at 1Q.yas Bkilai-12 ;;r807.. sae o. SeclIons St zoo= and a 7 t HA fSona. &AAA. litoolxr.s.n.s•nsore-op;aia-. 'WW1 la ra Wat0M1011 Of in° gpsix.au C4 0-.. wig 42 mosterts3 cfra• i,1 rOgetered agent. a WA. n 67s Stitt at f )ontla. Sushi Chrteit Agg 040*I032*121,1 0:70.2tt4etri. Maxi at docuri. 1 .,,b, jtc gyp ope gopubippor,1 op tg9itaed agont I am bms.v val. cod axea ato otAgetera ei. Socha° w7 0-606 a ili 7 .•-.1.ket..a.Siek....... . , moat= . - .. --- • -,.:....."1",fioak...:.;---- -., l',........r. ..... Ar...--....s;""i---'... ....treire.. • • ...-,. ..--, ,.•-• • .........PlaPir•ICW..M1r.i.. i .. 7,.• , 1.-"t."-"r 12. -Pf-nr.411341/1P 0.214ST044-.. 3. .- . .. --- CHAN9345,1:11CriC1F4 MO P9X-0113119 at 19 . i nu 144,44 1 I son. H...k.ss iv:U.414# DIS GREEN, LORN 1420 8. 1%780011E DRNE mvii,9 FL - • • - ..-.....,- . - -- 11 WO Isaga , I SW:. 412 FS° mi •• INI• .:. 1-, - - - . ....- - LI 11111 V, tax »Wilt 40•1174 7403•• .10 D CASTRO JUNE 1430 S. RAYSHORE ORM MIAMI FL ,x_....,...,.., _ 1' ",:l ((WV, -,.:149 • C4•4!..% "IA?: VL-itt - I t 'Mt 31 tatie 3 3 I'M ' gtmEV. 3 a co- .41 r." 0 SARCE10, GUM'S 1460 8. MYSHORE DRIVE WAN FL _ - , ,.piot -vr...:....-,.. 4.111P1 I 1 WPM 4/ mit tvus teiln.q• /4 PID EFJ.LOWES, EVELYN 1408 S. BAYSHOSE DlINE FL .. • ‘, . 4. p.peta.... ,.........!,. z•___p. . . . . . . . ....-... tn...t ...k sow: 404 v. $ loft ..0.1.. NIAMI OW. FRANK 1440 S. BAYSHOIIE ORM him FL ...._ _ . ... . •.....v.. s .1.11li. , •,,,,s wan . si0-.41: .....-.:. I a C,f141 :.7 .- , ....... . ....a .. • - • • -Ix:, 'wow` ,.. soir :1,,,,..a......; *i.e."... ...17.. '-' . - 7.---I.:+i-mo..”7: .41-0.7:- \ PrVW • ktkrd•••• .1S. In* 13.3514. WOO NV RA •111X1431:PIt WJA ti.4 SIN it .7:ga0ae..ttrnotrd 44,:: • 1,4 le : O. t.t4 '4: ::..*•r“rta: 0.'0*11.5..c:ar 1:1:1•1114%°. 31211.141 i Amu° 1.4 1.1054.1 10 00110rAfil Dorn an.. tooth .4....catlia-.......s% Steven 4 19...1:47."'.... ms,.. Isar: Ow r.• ...i.,.‘...w. striae(' -a Oesnott 0....1lt An, pt1.0 eztets. I rival.. cc*/ • :. SW I 1 enlonsaK•1.1,11,--410,. 11* Viva% mart Or 2fVea..00 ana......ar,n 4 two .ra ay.. ie.. 1'4 rat ,,, sendtatt Weft r.s.t Ine 14.48 'att.; ateci At I trio* un.los calm 114Z lin; a WOW a 30Sottra concanho ...octant:Kg mowed In hlet .7 i 7 .r1C•t11${e..-,r, Mat O. 410<ell Ca Aolhltt tet*.•014•44 re a 1,6 .4-0.4. tt buitea .. • nrtranseal in e•CCute thi Mcritt v.: nqt•tOP bp C. 141 07 t. rAtiutor G Cr, natl.. ...•..tee 4,11,...! r t. ...fr.', 1. cedri r, E•to..:1 ,. Ir.v- 1, 0:10.11,00d. 01 al an, ..t..-frwract IA Dade OVI , ..... U.7.1r2 I.I N'T/ MC. .......A...Z./...1.• _ • PL:- i .1 il.e. 1120/94 3777 • °wadi°. - •• - ' - - . • •••••••-•• - • • • •2.2:81::12--- • -3.triai•akia ••••., • - rti • • 'J....., ' ;1 - : 410..fr-- • \•.:.. . 7 ^ • •Antount: • ;; - ' ..1•36•7•5 . : • - ...2. e . , . . • . .t, *. wIlttldh . ..eap . ts ' =were I ' veld. Soto h* . State reseaury subjeot to eafund, and bo . • . e _ * substantiate turn abate the fallowing Coots as, sahaitteds . .'. 1 ..* Ralson Cos s twerp/spool* z. 771186 . '.... 4=7 ...'.• r....4..--. goutiona A/a cz„h, 8. Touer , 'Do. E.,@„,„41, 01••••31-94 *f.— ., . ..... • 1 :.4 C.Zit.211=1.C61712 MID mann= this /716 do/ 016 4/7-1141441 . . :-.• . , 1p /IL . • .. .. if .. •., . • a. ..111% t t XI W" • . e.. t7. (boa AGE= VSE 01=1 (t) Arnow totoosaads denial. of above olalo based 04 tha ..1 r.incIndlog itabutoc$ ankhoelt$ Cot ooLtectinos I. . • I . "?. (2) hganny ' ttaxemends apscovat oC. *bona clahm and 'submits thn Cottoning .. 7; .ingosaatI, :Abet subabsetiets sunbathe. V the soonot xemomandad $ 08-73 _ • — s :•• .IIZ itt . 1 .;;;; Thu amount Esqueskad above sou ntigloatly despoiled nVo the re Shlte 'feman,. State Ctessuret.s Receipt I 90399/037gated 01—i27-94 • "... 116141 ph= CY 14.ococatri i- s _ . .... ..,t- . . • • • . . . .. 4.,,,,,:-* :••:. :, v : APPUCAtOr 1srAm OF FLOillbA • 1- 1 . • ' . .: . . .,. o...• m: *fus'ausnb to the provisions QC @tie 3 au 0034 at4tutest x hogsby spp).; retut.4 and request that * licitebetranNt is drams LW Comer oil i .ov . Name: . Finn VIM, ASSOCIATION. INC. — •-•1—• "..s It• • • .1... • .•—• \-7 AddfillISt 1406 S. 1.4YSKORE pItIVEk,AFT. egsyl ri . irrAla; FL '33131.-3666 • • . • . /alloying • —aa It Is tognested that mama NI node Close luul!p or =mar • • • , • 1 71 • • • pi• Ca:ski:led Sane and Co ttttt th ot nbatel Oiv. at C0E00CiVinn AgenGy + 53,100 000000010.0 _ .stitutery Antbority Coe Collantion 607.36. 415 2101211. • • • 1•1„,shltil. gised with the tro.tier, except ae al:heroism provided hand n • 6141414 ] Peat* liparts `apt.' Icabloa 104 Ea [Una Aba provided hp this section thh fliht to setae." Abel/ lorre eentuRd else audit .sight Assnbe hatred.' Meg *****aamooting 'three peers teem the date . 6C 06764661 lobo • the '; ....••. , ;I. :*` • lonetare an isata. Detail by Entity Name Florida Department of State cubmit ed into the public d or it m(s) r if )'ij \I 1 S / I X City Clerk Page 1 of 4 Exhibit C' DIVISION OF CORPORATIONS 1911f�JJr-ii ?' ;111.112f-2i ��I C -00 l i Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity Name Florida Not For Profit Corporation POINT VIEW ASSOCIATION, INC. Filing Information Document Number 771186 FEI/EIN Number 59-2427470 Date Filed 11/10/1983 State FL Status INACTIVE Last Event ADMIN DISSOLUTION FOR ANNUAL REPORT Event Date Filed 09/22/2017 Event Effective Date NONE Principal Address 1450 BRICKELL BAY DR 2001 MIAMI, AL 33131 Changed: 05/01/2015 Mailing Address http://search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetail?inquirytype=Eutity... 1/19/2018 Detail by Entity Name 1450 BRICKELL BAY DR 2001 MIAMI, AL 33131 Sl1''n. fitted into the pub' ;"! ?C 'i41if s) 11,) r City Clerk Changed: 05/01/2015 Registered Agent Name & Address PEREZ, JOAQUIN 1450 BRICKELL BAY DR 2001 MIAMI, FL 33131 Name Changed: 02/21/2006 Address Changed: 05/01/2015 Officer/Director Detail Name & Address Title DP PEREZ, JOAQUIN 1450 BRICKELL BAY DR MIAMI, FL 33131 Title DVP DURAN, CHELIN 1440 BRICKELL BAY DRIVE MIAMI, FL 33131 Title DS POWELL, SARA Page 2 of 4 http J/search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inqu irytype=Entity... 1 /19/2018 Detail by Entity Name 1430 BRICKELL BAY DRIVE MIAMI, FL 33131 Title D HEVIA, JORGE, ESQ. 1408 BRICKELL BAY DRIVE MIAMI, FL 33131 Title D McCAFFERY, MARGARET 1420 BRICKELL BAY DRIVE MIAMI, FL 33131 Annual Reports Report Year 2014 2015 2016 Document Images Filed Date 09/04/2014 05/01/2015 04/29/2016 04/29/2016 — ANNUAL REPORT 05/01/2015 — ANNUAL REPORT 09/04/2014 — ANNUAL REPORT 04/29/2013 — ANNUAL REPORT 09/28/2012 — Off/Dir Resicmation 04/09/2012 —ANNUAL REPORT 04/18/2011 —ANNUAL REPORT 02/16/2010 — ANNUAL REPORT 04/13/2009 — ANNUAL REPORT 04/21/2008 — ANNUAL REPORT fitted into the publ'c _i for itetn(s) y 1J,13 City Clerk View Image In PDF format View image In PDF format View Image In PDF format View image in PDF format View Image in PDF format View image in PDF format View image in PDF format View Image in PDF format View image in PDF format View image in PDF format Page 3 of 4 http://soarch.sunbiz.org/Inquiry/CorporationSearch/ScarchResultDetail?inquirytype=Entity... 1 /19/2018 Detail by Entity Name 04/24/2007 — ANNUAL REPORT 02/212006 — ANNUAL REPORT 04/19/2005 — ANNUAL REPORT 02/09/2004 — ANNUAL REPORT 04/07/2003 — ANNUAL REPORT 04212002 — ANNUAL REPORT 02/26/2001 — ANNUAL REPORT 01/20/2000 — ANNUAL REPORT 03/03/1999 — ANNUAL REPORT 02/03/1998 — ANNUAL REPORT 02/18/1997 — ANNUAL REPORT 03/12/1998 — ANNUAL REPORT 02/01/1995 — ANNUAL REPORT 11/10/1983 — Filings Prior to 1995 Sty 'flitted into the public record f»r itein(s) VT,, on j / Z S / ! City Clerk View Image In PDF format View image in PDF format View Image In PDF format View image in PDF format View Image In PDF format View Inge In PDF format View Image In PDF format View Image In PDF format View Image In PDF format View image in PDF format View Image In PDF format View Image in PDF format View image In PDF format View Image In PDF format Page 4 of 4 Florida Department of State, Division of Corporations http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDotai l?inquirytype=Entity... 1 / 19/2018 NEIGHBORHOOD ASSOCIATIONS DOWNTOWN / BRICKELL NET Contact District 2 Co'ntict Name Location 3500 Pan American Dr. Miami, Fl 33133 Phonr (305) 250-5333 Email $nrssetiamiamleov.corn The Honorable Ken Russell Downtown NET Office William Plasencla, Administrator 1490 NW 3 Ave, Suite 112 B Miami, FL 33138 (305) 372-4550 wotasenclapmlamirov.corrt City of Miami,Pianning Department Warrant Coodinator 444 SW 2 Ave 3rd floor Miami, Fl 33130 (305) 416-1473 Dade Heritage Trust Christine Rupp, Executive Director 190 SE 12th Terrace Miami, FL 33131 (305) 358-9572 chtisadadehe tazetrustore Bridcell Homeowners Association Natalie Brown, Communications Director P.O. Box 45-2403 Miami, Ft 33145 (305) 448-3350 ltlitentatEffiliMOMMELEtaal Downtown Development Authority Alyce Robertson 200 S. Biscayne Blvd. #2929 Miami, FL 33131 (305) 579-6675 (305) 371-2423(fax) Roberbionglanianadda.com Downtown Miami Partnership Terrell Fritz 25 SE 2 Ave. Suite# 240 Miami, Fl 33131 (305) 379-7070 (305) 379-7222(fax) Infotadowntownmlaml.net CRA Jason Walker, Executive Director 1401 N. Miami Avenue Miami, FL 33136 (305) 679-6800 iwalkerfarniamiiov.cont The Palace Condominium Deirde Ashe/Property Manager 1541 Bridcell Ave. Maiami, Fl33129 (305) 858-1151 menaoere; lcortdoCbelisouth.net Venetian Causeway Neighborhood Alliance Jack Hartog , President 1505 NE 13th Place Miami, Fl 33139 (305) 418-6808 (305) 416-6887(fax) Brickeli Area Association Mercy Perez, Administrative Secretary 1395 Stickel! AVE Suite *108 Miami, Fl 33131 (305) 877-8687 (305) 903-0672 yaa*brickellarea.com Miami Entertainment District Assn. Michael Slyder, President/Tiffany Eaton Esq. 225 South 21 AVE Hollywood, FL 33020 (954) 921-1121 (954) 921-1621 (fax) theacovelaw.mnl 500 Bricked James H. Novak, General Manager 55 SE 6th Street, Suite* 1104 Miami, FL 33131 (786) 270-2500 (788) 270-2501 fax mpnaeereS00brickellmaster.corrt One Thousand Venetian Way Condominiums, Inc. Robert Zimmer man,President 1000 Venetian Way, Miami FL 33139 (305)374-5074 (305)403-4399 fax vlctor.matas01000venetlan.cgm North Miami Avenue Preservation Association Christopher Macleod, President 1035 N. Miami AVE #401 Miami, FL 33136 (305) 970-9797 )nfotanorthmlamlavenue.or8 Fininvest Simon Karam, President 6255 SW 133 Street Miami, FL 33156 (305) 858-6395 (305) 85646394 fax The River Front Master Association, Inc. Michael Dubas 92 SW 3rd Street # 100 Miami, FL 33130 (788) 453-3220 trranseerOriverfrontmaster.com Spring Garden Civic Association Emie Martin 1000 NW North River Drive #114 Miami, FL 33136 (305) 325-8730 emestmartin22440email,com Miami River Marine Group Bruce Brown 3033 NW North River Drive Miami, FL 33142 (305) 637-7977 fnarkballevimiamirivermarineeroun.org Miami River Commission Brett Bibeau 1407 NW 7th Street, # 2 Miami, FL 33125 (305) 644-0544 brettbibeautamiami(ivercemmission.ora Updated on 12/5/17 v I J-83-651 11/30/S3 Submitted into the publi record for itejn(s) on ORDINANCE NO.= 9 7 5 8 AN ORDINANCE AMENDING THB BONING ATLAS OF ORDINANCE N0. 1500, THE BONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION 09 LOT -37"Bf Z, PoniT-Vr�W-r2=93r EWWAMI, ?LORIDA, FROM -3 7 Au rR„ � 1CAt7'" % iTATtit �'A� � N6 _ , NECESSARY CHANGES ON PAGE NO. 37 OF RAID BONING ATLAS NADI A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SICTION 300, vitiator, CONTAINING A REPEALER PROVISION AND A SEVBRABILITY CLAUSE. Z,1 City Clerk WHEREAS, the Notion of the Niami Boning Mart', at its meeting of July 11, 1983, Item No. 5, following an advertised hearing, to RECOMMEND DENIAL of a change of zoning classifica- tion, as hereinafter set forth, failed by a 3 to 2 vote, therefore constituting a RECOMMENDATION OF DENIAL; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NON, TREMORS, BB IT ORDAINED BY THE COMMISSION OF TH8 CITY OF MIAMI, FLORIDA; Section 1. The Boning Atlas of Ordinance Mo. 9500, the zoning ordinance of the City of Miami, Florida, is hereby amended by changing the zoning classification of Lot 5, Block 2, POINT VIEW (2-93) of the Public Records of Dade County, Florida, from 10-3 703NERAUMAIMIgfL to NO-3/i RBSIDZITIAL'P -OFFICE*. Section 2. It is hereby found that this coning classi- fication changes (a) Is in conformity with the adopted Miaml Comprehensive Neighborhood Plan; (b) Is not contrary to the established land use pattern; (c) Will not create an isolated district unrelated to adjacent and nearby districts; (d) Is not out of scale with the needs of the neighborhood or the City) (s) Would not materially alter the population density pattern or increase or overtax the load on public facilities such as schools, utilities, streets, eta.; Exhibit E • • Submitted into the pubt c reco, d or its rt s) L, j � City Cl erk (f) Is necessary due to changed or changing conditions) (g) Will not adversely influence living conditions in the neighborhood) (h) Will not create or excessively increase traffic congestion or otherwise affect public safety) (i) Will not create a drainage problem) (j) Will not seriously reduce light and air to adjacent area) (k) Will not adversely affect property values in the adjacent area; (1) Will not be a deterrent to the improvement or develop- ment of adjacent property in accord with existing regulations) (m) Will not constitute a grant of special privilege to an individual owner as contrasted with protection of the public welfare) Section 3. Page No. 37 of the Zoning Atlas, made a part of Ordinance No. 9500 by reference and description in Article 3, Section 300 of said Ordinance, is hereby amended to reflect the changes made necessary by these amendments. Section 4. All ordinances, code sections, all parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 5. Should any part ar provision of this Ordi- nance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSBD ON FIRST READING BY TITLE ONLY this 27th day of October , 1983. PASSED ON SECOND AND FINAL READING BY TITLE ONLY this 18th day Of NovemLer , 1983. RA LW(t G. ONGIE City Clerk PREPARED AND APPROVED BY) hkiAlt4\..B A Assistant City Attorney GMM/wpc/096 Maurice A. Perre MAURICE A. PERRI, Mayor APPROVED AS TO FORM AND CORRECTNESS:, SE dARCIA-PBDROSA ity Attorney ro r -4 • i On ZONING FACT SHEET LOCATION/LEGAL Approximately 185 SE 14th Terrace and Approximately 200 SE 14th Street Lot 4,5,6,7,8 and 30 less the'E 5' of lot 30 Block 2 POINT VIEW (2-93) OWNER/APPLICANT Seaplane Realty Investments, N.V. c/o A.R. Scott 100 North Biscayne Blvd. Miami, Florida Phone N 371-3592 Cucusa, Inc. c/o Ray Corona, President 6240 Sunset Drive, .Miami, Florida 33143 Phone N 666-6874 Polntvlew Towers°of Curacao, Inc. c/o A.R. Scott • 100 North Biscayne Blvd. Miami, Florida Phone 0 371-3592 Gary Held (Attorney for Applicants) 1401 Brickell Avenue • Miami, Florida Phone 1579-0609 ZONING R-5 (High Density Multiple)/ RG-3/7 (Residential General) REQUEST Change of Zoning Classification to R-CB (Residential -Office)./ SPI-6 (Brickell-Miami River Residential -Office District). RECOMMENDATIONS ° — 'PLANNING DEPT. 'W. • APPROVAL OF LOTS 6, 6, 7 AND DENIAL OF LOT 4. the majority of the lots race S.E. 14th Street and property which 1s zoned SPI-5. Lot 4 is the first lot facing the water and should be maintained residential with the rest of the sites facing the water along South Bayshore Drive. It is understood that the structure on Lot 5 will be retained with residential use in the upper portion and this will serve as a buffer between the residential and non- residential zoning districts. The existing residential area should be preserved to retain the concept of needed housing close into the downtown area. ..d • •t on Subn-ittcd into the pub!} rccoid t r ite 1(s) \/7,c 1 \i? City Clerk PUBLIC WORKS ZONING BOARD This will contribute to a Portion of our sewer system already designated 'overloaded" by (SPI-6). It will further overload this system. It may have a detrimental effect on downstream trunk . mains which survived the initial SPI District. If this is considered as a trend spreading south along Bayshore it will have an overloading effect on 18" Intercept in Bayshore. • At its meeting of July 11, 1983, made a motion to recommend aenlal which failed by a 3 to 2 vote. there- fore constituting a recommendation of denial. (Ord 6871) At its meeting of July 11, 1983. made a motion to • recommend denial which failed by tl 3 to 2 vote, there- fore constituting a recommendation of denial. (Ord 9500) S,.....bliittod into the public record fcyr itcyi(s) Vtt \ APPROX. 185 S.E. 14 TERR AND APPROX. 200 S.E . 14 ST. _ • P,IeG • i ' D 0 0 JP l 0 E i PM , jr m a 4. CITY OF MIAMI PLANNING DEPARTMENT am i Submitted into the c pub? record f-.r ite n(s) VI �,_1 1 On 11� / I n ''vric * _ 1•MSe1ilai4440,.'i0g.ie i=A.q, ,XY.s:ayv • fool rt' '{' Vli`1tl 'tit•^ .+.•...isrljw ri,- .. ...•••. .:.W....t? 'r• .;"4":KX • .: ' ;• Lit • 1 f r' • .....• •4. Yss: r.: •:11•; •tit • :.- : s:. gin. ..:i+ti.".: % •:•s; t, °s$.Yr..s,IQy+ far} 1it • . C� C ZONING FACT SHEET LOCATION/LEGAL Approximately 185 SE 14th Terrace and Approximately 200 SE 14th Street Lot 4,5,6,7,8 and 30 less the E 6' of lot 30 Block 2 POINT VIEW (2-93) * .OWNER/APPLICANT Seaplace Realty Investments, N.V. c/o. A.R. Scott 100 North Biscayne Blvd. Miami. Florida Andresix, N.V. c/o Ribero 61 SW 9th Street Miami, Florida Pointvlew Towers of Curacao, Inc. c/o A.R. Scott 100 North Biscayne Blvd. Miami, Florida 'Phone # Phone d Phone # Florence Robbins (Attorney for Applicants) 1401 Brickell Avenue Miami, Florida Phone #579-0609 ZONING . R-5 (High Density Multiple) REQUEST Change of Zoning Classification to R-CB (Residential -Office). * * RECOMMENDATIONS PLANNING: DEPT. DENIAL, Based on the following reasons: 1) the change would constitute an encroachment into the stable high density multiple residential area, creating a precedent for further rezoning; 2) The change would be in conflictwith adopted - City Comprehensive plans for the Brickell area; °3) The change will adversely influence living conditions in the residential neighborhood, since the intensity of development is higher and the traffic congestion will increase even more along SE 14th Street; 111111.11111111111.1.1.11MIIIIP \.1 z .3 )1 It • • . 1 • S • hil*Nitgit611*34144i9Wer.t.':!..a.nikkatiliek•.•4•44-rits-e-Ytur.lotlew•wavita00•01#0.41pataWavellitW•wwle:#40.1*.if491014 .• • .1.•. :".6.1.•", . • : ".:$:*-••••• • *- - • . •*:•••. ••••••z• .s.::••••:• • • 41***(450,064ivikiiiiPaiiiiskyikorniN)kwiww*avaidA•woh•Plwe'vrettowitrom.wt.vii-pie-rioalki*Iiiki . . • ....•••.;;:.4•44:;:400.1.." • c• • • •- .. . • ••••• .• • 4) The change Is out of scale with the needs of the neighborhood and the city. since there is sufficient land all along Brickell Avenue toned R-CB. PUBLIC WORKS No dedication Is requested. * SEE REVISED FACT SHEET SHOWING REVISED LIST OF OWNER/APPLICANTS .. • ** SEE REVISED FACT SHEET SHOWING REVISED RECOMMENDATIONS AND ZONING BOARD • ACTION. • .• • S7.11)miticd i + L.\�)) record c,r It; n-ii si Yi4iThdoYie+1.YCJaI,'hl!u/Y•M•nP/r0...M.o4ePf✓!/.?AwV!o.WN+H•ndl.Hri.•orsv.i+G•AikSiiiS0. 14410 i. ..�!?lae:�Y`i•M;ltiai'�::�:i:r •;;a`:z tik 0° 21 APPROX.185 S.E. 14 TERR AND APPROX. 200 S.E . 14 ST. "'AG, : 79. 4-9 0 ElE1 ex/X job EZEI IYU PA' err OITY OF MIAMI PLANNING DEPARTMENT on 1%1."---) %) }7, oRntNANcg No. 9 7 9 1 Sul.)r ittcd into t':: .. {} ?C(.:0 dfori1e,-1(s,)Y�.. 'AN .b1tOtNANf1E AMENb2NG THE ION/NO ATLAS OP"' ORDINANCE NO. 9500, THB BONING ORDiNANCB 0P ' THE CITY OP MIAMI, PLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 6, 7, SAND 30 "G6�J8 THB OAST 5' OP LOT 30, BLOCK 21 POINT c• .{ , VZEW . (2-93) OF THE PUBLIC RECORDS OF DAOB• CdbOMYi— FLORIDA FROM" RG-3/7 GENERAL RESIDENTIAL TO R0-3/6 RESIDENTIAL OFFTCB; 8Y MAKING ALL THE NECESSARY CHANGER, ON PAGE NO. 37. OF , RAID ZONING ATLAS MADE A. PART OP ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN •ARTICLE 3, SECTION 300, /HER130t+) CONTAINING A REPEALER PROVISION AND A BEVERABILITY CLAUSE. WHEREAS., the Motion of the Miami Zoning Board. at itc' meeting of duly 11, 1983, Item No. 5, following an advertised hearing, to RECOMMEND DENIAL of a change of zoning classification from RG-3/7 GENERAL RESIDENTIAL to 8PI-5 BRICKELL-"MIAMI RIVBR RESIDBNTIAL OFFICE DISTRICT failed by a 3 to 2 vote, thereby, r . amtituting a RECOMMENDATION OF DENIAL} and ` WHEREAS, the City Commission, at its meeting of November l8, ),983, referred the consideration of the change of zoning ,clnssi- fiaatiop,as set forth above to the Planning Advisory Boardt. and,_ .£.p..,.WHERBAB,.the Planning Advisory Board, at its meeting of December, ,7, 1983, considered the change of ,honing claseificati<on r ens ,Aorth above and RECOMMENDED by a 4 to 0 vote approval of a change of .the zoning classification of Lots 6, 7, 8,ai►d•3,0,_legs . the E 5' of rat 30; Block 2, POINT VIEW (2-93) of the Public Record's of Dade County, Florida, from.1W-3/7 GENERAL RSdiDBNFIAL to Ro-3/6 RESIDENTIAL OFFICE, 'and RECOMMENDED DENIAL'of' a'•cfign'er ;:• .': of Roiling alasaifioation of•Lot 4, Block 2, POINT VIE)4_J2�•,��1�•,gt4... , �4 the Publio'Records of Dade County, Florida from RG-3/7 GENBRAIr::. • EVOIDENTIAr• to BPI-5 BRiCKEI,L - MIAMi RIVERABIDENTIV,: O Fi'4 r,.... Submitted into the pubic rceord Jr it :nr: ' 7,, \ 25._ on __ Vitc 1S • .! 'theC1 conininsion, at its meeting of December Ili:, ....40)3\iiiiferred• to ctinsideratieri of the change of •••••lida41.111 kapat c•fth,.e.boi,p)....tm the Miami Zoning Board fOrair+ • • the toning 'Board, at ita meeting bf Vaba/102 .,•t •• • • - . • , ; 445 rep 1984,.IiierdlidditiOnal testimony but took no formal aceiont • and ..)‘ • • • • • 1:4% . WiteRBAWthereity'Commission after careful consideration of; this Metterolidems it advisable 'and inthe liesi interiat' or' th:theit •CitY' of Miami and ita inhabitants bO ilraAt • claShification as hereinafter'set'fOrth, " :,-"416W7'THEMPORE,:1311 IT OBDAINEb-Bi THE COMMISSION OP THE CITY • • OF. MARV, ttORIOA; • •otio1.' The toning tlea of ordinance No: 9600,'Ithe •6iit ordinan6e of the City of Miami, Florida, is hereby amended • j14 •• by. atiinUnq the zoning° alhadification of Approximieeli:185. 860iiiaii0lAthTeirace and apOroiimately 200 'EltimEheade:1:4fi • • . • il'e;Adw30 leas the B 5' of Lot 30, Block 2, POINT VIEW (2-93) cif' - the Pib1ia Riitordi of 'Moe county; •Fiorida; fi"Oni ,':::-RiSIDENTIWto-R0-3/CRESIDENTIAL OFFICE. • 1 herebi-fablid " • '1 .(a) Is in conformity with the adopted MismiComprehenive Neighborhood plan; . : •;j: ; • • (b) Is not contrary to the established land use patterew. • Mi-gv;••1: • . . (c) niii .not create an isolated district unrelated.., . - more particuldrly-deiOribeii Lite%r8. :• ..ad5acent and..nearby districts; ''! • .. .14.,,,,.;,st,........,.;,,z.,.,..y..,......... :'.... • _ • . • • .._ - t—qol 4.xlv not out of 'maid with the needs of the neighkOrhoO 'Of =-\9"or the City; . 1 .4' . •• ,; ' ' • Le): JO 24,,ppX_Jmaterially alter, ,tilp .point,reol, 3I't1"-° liatVeirn'Or increase or iivaitex 'Nes '1. 40.:Jon.- .... • 1 fe0.144es such es Schools, uyilitip, ateget. watild.to le.Ai4i- ACE,,.. ....e.,..'a.pailltoeCessary due -to obangeperItIFIIII.,081gA4 . . :........ mik.v.ifliiir ow not AdverlielY infliAnCe.1.141iViconOtiOiiiit:i. I neighborhood: , :".01001409iiiill not create or oxoonnivoly. .infir.4.144.:34 riontiontion or otboriAne nefnot • . .. • ioi...••••••'"'",. • • . • h'.1VL-er . • t, Submitted into the public PaoQ 7,, 1.1) (lcrk , • ': .':%1.-A •nance'be declared by a court of competent jurisdiotion to be ' •••••,.:,..4;;14, '.. -. • -ill .......ij1.4•4,.•.,the sync shall not affect the validity of-:the-..ordimappe.,-"%. • ' •• r 4:41. 0.•::'•?. " •• .. • '• " - • • . - . :acia,s.whole-b .. :.• . . . . ' • ''-'` . •! 3, .4 Pqt.) vl .2. r.' : 'Plh-dEisi.: D.(ll•. P.I.R.I ST'RSADING BY TITLE ONLY this 27th; _ f t.t:i s9atobei ....:: • .. , • 1983. -• .-- I. • . ... ., , • ••.; .,,,. ....n.,:t:.•. .e.i..• • : :,i.t• • •., 1:,,'•••,.•••:4•k..! 14...•:• "•••api...p.•.A•r1S1:•; .. ; .: ... ..:, . . ' ' 1 h ...ipAssso.,.ON..SECOND:AND EINAL.:READING BY TITLE•ONLYetiiia).-:12dthk-Itti.-' • . giver. . • .'. .•• :.•: ;••••. - ..•• ,, r....-17,...-: .2......,.•. id-tiXf..?;.,-.. 404 Pt* u itanuaiy1; t ' : : I 1984..*.. .. - • !,-.7 -. •••• •,.. ,..e.re.. 1 ': ,,:;.!, i:eriei :, 4: • • , • .• • i t :- • - • .• ! --1 • '•MativitittAv Furs.. -4.''..... ••• •: - MAURICE N. ?ERRE. mayor •'":...-•,.nT.,.,.t.,,,,., ATTESTi up ty, Clerk II) Will not Create a drainage problem) .() Will not seriously reduce light and air to adjacenA areal ' • • '. .(k) .Will not adversely affect property values in he . adjacent area, ••• r (1) Will not be a deterrent to the improvement or develop--; merit of adiaoent property in accord with regulations) (m) Will not constitute a grant of special privilege to an individual owner as contrasted with protection of the. public welfare; .• EleatiOn 3. Page No. 37. Of the Zoning Atlas, Made a paYt 4: • • 41:414 • • • OM. Ordinance No. 9500 by refarenoe and deaoription in Article 3, • 4.•‘: li6tion 300 of 'wad ordinance, is hereby amended to'reflecit ohOhges-msde necessary by these amendments. • Section 4. All ordinances, code sections, all parts - 'i ';`,.•:,,..•., 4rOf in• contact herewith are hereby repealed insofar as they ., ..1. e: - • :-. • . • Are: in' conflict, 7. • •• .*:••"; '. 4- .,- 1", . i4,......,,,.,,,'„:,....:.....)5,04ion .5. .... Should any part or provision of this Ordi,.-......:4-",:..,;„,:,,,,k, f.:-.:•" :• 1. "••-• ; • . . • . . . . ..f;:..': PREPARED AND APPROVED EU '• t" ' • 4 , m? kairsi) • • .y ... !iv, P np • . • ' • •-4.--........0..,-• • , - .• 1.•:• :,,, , ..-.,.1;•..pat. -..,• • ..-- . .. • 0. :SZRIAN .MAER • Aseistant City Attorney 0;04$ rip-ROPA9810 ••;7.%”:, y.Attornef,..j r;..,..:.; J. ,I:":4.11.;•...)..-.4 . - . •s: ,j, :2‘. i;..;:.: . . ' • • ..". • ' :i.,. ..r.;., , -0k/wpoY199 ,- • •••• . ... ., : .. ' .1-Ab41•4`::N,MS,C.Vg.7•:...1 34:,"•:••7•• •,rt.•44 • . .. .. . , ........,......... :.. . .• • td - Subrnittcx1 into the public reeo;-cl t r ite,m(s) on _ 1_51_16 City Clerk 1 valormA4oug4040.0140014MOOR*OW01% vit • • • • • ..1..(12"‘;'04:1:•!, r -%e • fsi!V:•••PAT itaitatlIngiTialiM.,;,14!.:Ariraki;11.Via•KiZ,014•Wit*titi4.014:40:04.wea4;;•ti-ZrigiAtAtak, .7. • • • • • . • • • • `•:•\17t•- . •••• 1.• . • - • . • . • 'Lc 7143 and 30 less••the"E-1' • • .. • • r . . - •• • • • ',• . ... Pt:lot:30 .....'••• ...:• •• ': • • • • ? 'Block 2 • • 1.1...*:. — : • •• , ' - •••,p0Iyi VIER (2-93) ,.: . " • .. • •••• •• • • -.''‘ •••- ' f .., • • . Mil •./.• 1.: .i.,1 -• --k.....::-.: ..... • . CORIER!APPLICANT • '1841 ace hal Beatty InvestmentWid. ' ''''-'•i•i• ..Z' t• 1:•:' :;,• • , , ";?:''.(ir.t4 ; , ' •• : • : REVISED "..; ee •• 4 • .• ...• • . • : • :•• : • ZONING FACT SHEET. • •• ,; - ".' . - • , , .c." , 1.•:, • • ' LOCATfON/LEGA.L . • • Approxima tely 200 SE 14th Street. • - - • • 1:::; • A.A: seatt • ari dr. ..'• I. • • , ; : • .' •,* . „ • •••. ..;• • s10(1.liorth. Bi scayne. vd. , ::.1••, ;;;.1:••1; ***- •• 2 • • , • • • • . •• • •• • • ! ••• 111 Vr.).00.1 • • • ki.;• • • 1.12, oryslpr,e Dr.i.ve.i , • , • •••i:f I. A • ..v. Ily.•••••••••1:: 2*** ' Allen Bliss • " , • i•••:#4 . . • . . • • irt. NI ; Al • : • 1)1001; • ' • ." . . • *.•V):*"..:41 '.:AAV:130 ▪ : • ; ' • . • ., . .43. .31•...; • ••••• - • ' Phone i35Br2589 ..• . ' -,, r , :...,:. • ... 1. • . . • • • • : .. . , Cucusa Inc. . • ' . .. . „;•.; • .'i:% ..e/o1114-'terdni.' Iiiisi &Wit ' "': ''' ,); "' IA.:4 ' ,:t4"1".... ' t•V •• 6240%S6hiiit." Dri ;4.-4- - ''' - -1 '; ` '''''''-'' C1.-'4"‘.1114.i: — '-- •141aini Frail dii: 4;3' .1:lionce,;i1,64-,U61117-1.1);01.:•41,!.1;A:Z4.. ;)" ;•-• • •••• - - • • • ' P°1 ntl." r • 1 • mi.. 1"• 18., • • ?AA` 1.14 r da; • • • ••••• ph- • ' . • 1." ••'• i • •.,4 tin 37 t•359Z t•gi (.1.c cAPA.j ti "r 10P3ioah • . . . . orneY- o Applicantsi • 1401 Brickell pantie • fr • • 1 'ow; -Jr ,A•::.‘• 9, 111(Hgh (RelVitilititr ea • eharige -Zoning• Classificatioe.to. •.: l R-CES (Residenti al -orrio) /1P1-5 (1frickal,r1444k iva Residential-Offie District). • ••:••-• • . • . • • .• • . . . • ' • •• • ••• *•: ; • SEE) REVISED) PLAWillai• RECOMMERDA '".-,-APPROVALW.LOTS 5, .6. 7:ANDAENIAV0PLOW4r, • int moony, or the lots raca.:40.‘": SNP and property Oiciftilone4,51%*:.;39;i. • first lot facing the 1iatarand:sheeltmi* , water-aloOnliuth;64y14/01,11*-• Ati . that thb.ttrgature.-4.40,1411110.-.0 . .*.rotioliti41.01310:01pApparl its91190 t -'-400400tia14g110014trik. aT11341,4-.13-Cpreitrv0,40104,4 '09 .1)11:$1 "ln t7tJi, ••• 47 ni • • , 4 •.• L 4,1441141•61.•:)&4 Submitted into the publ'c record Or itr(s) on 07-)ip.11-kV . _ • •••• eir. • • I., 11 • t • • .• •••! 4.4.%1.• •••-, • ;A••••13:..kiii."0,t4viqQtinklitifft.l.'-1:4•%•*.W:ttr.'4'singr•••-t1.47,14.*Vey City CIL: PUBLIC WORKS , ' t ZONING BOARD • • .. • • ••• ••• • . • •:, • cm. c0t411.1sp ION, • • UPIAAT ..ZONING BdAtto ,d(cIRestoi4LN*: 101 . . . • - • •• Piall'AISKi .111r- This will contribute to a Portion of our sewer system alresdy. designated "overloaded" by (SPI-8).. It will furtker. overload 'this system. It may have,. sa detrimental. 'effect .on d.ownstrenn trunk mainswhich .sOrviVed the al 'BPI District. If th;fs..13. constdeild as .14 'trcuid • Weeding south along tiayslicire WW1 11. havi-kii•Overldading effect on • 18" intertept in Bayshorq. - • • At its itieetilig of Illy I I. 1983, made a motion to • recomend. ciente!. which f ad by a 3 to 2 vote, there- fore cohstitUtTnw°14 rabliantehditiar bf denial. (Ord eqii, . . At its' &siting of 'Jury 411F-1983, made a motion: to .• • recciSifibch denhl"Which failed by S 3 1611.4/otel, there' fore cqnstttuting a reconnendation of denial (Ord:9500). . . .Grailtdd• Chinfe.,of. Zoniqg on 11/18/83 on Lot 8; Block- on1/7101ed1hailair9758. • • ' • • ?!:4;n:., 4‘. •• ' At •'';iii1,1,1V"piltetlilb on Otiadlitbdr 7(141983; • the Planning .., ,..i,, ••.:4-,t4.i. Adi.i,sgrj4: Bparli•-;recommanded approval of a change of t zonftigAig „4 ,, We, - reqltt frills. RO?V7lo'10113/6 on Lots 0, 7 ;-1.8 'Anti-..3D °,1eislIF 34, the • -V' of Liit'30 and denial of Lot 4 ti9ea/4 io 0;:iiiitr fi:A!: , - • : • •:°.:.4'4.:-., Thik,itept!Rafe.ficred t.q„-the Zoning Board for further'.;:.:,*-4 stud1an rporP 4y,i4ot•lbri 13-1173. adopeel tiy..114.c.i.ti.:,,' ' considered' att•th-ii City. Conti sAi on . meettaili.4e-t-tes4M: Co* 411(in.'13016peritbilP1 5. 19,33. - ' Thil,.pasi; vglij4ei.:•..f. t -'•d•p'-, :r-..ii!'-'..''' Joni; ary, 1 9.84 aftr, Q0 .pat.- (Ordinance4.9540;:,..:1 •:°,2• Section .3511) V:4.":1. %‘'1••qi e• . • , . • • ; p„....*. 4. • ••••••..1.. • l'4......ti f ' 1 \ ''' ‘ 'JO' 1,5 • - ' •.: - .1" • ° At; ts, nleptipAphf4aguay....)8V.1904, . the' Zoning..O4K1 • • heard" additi onar t e'sti inbni° • Wit took no . action oli::.e. .the item. A transcript Is AV al 1 abl e.,whiAlf•gtAeS'.4".: each members thoughts and feel 1 ngs.." .•.:•••,•••;,.-"-•' Y;II•Nni..-:.'21='!..2-4sa.:kfianilflillill'ai. • . • - ' "'''''r . i.••••••,..r4 tt: f i.m'atc) t t„, sicsf4 t :tir„ 1 t illttAPS ..t•9••• I r. .etur4r.i. . • t- . .1 .1 ' i "dr.. to te.•41 rl 5:1k0e1:.tft:44 ...ettit2en*ot pl /6% " ;hi. • sri I isiiwg::,•1113,. . ::•fttt 1%. i tict,t rig,4#14,,At .14:4.• • IV ‘41it V!. 1,01):"‘ t‘'y ,010.44114i1 -!, 'one 144:Aft ..1/41.ttj.4VC • • I ••,. • . -• • Submitted into the pubtic record for itern(s) City Clerk =•''';'!i?r••••• • ••••:;•..?...;•••,,-,:.:•:•••• : • ' ::• • ••... ••••••,, . ., ,. ik$0044, • ,. . , •;.::i.v.Ittzef.:.?e.til.re-Lh,44....14:3g41:, ....,.......; ..1...: :441.(••%•••••.;,,.:.,,,,,,..4..4.•,%,,,r4,1,1,,,,,.;41,,i:Actli;;.,:ii,),.b..„!,0,4;.,. . .• . •• .t .t 044V - t •), - _A.N..'••C';'••••• ' • .• • •• • '. ZONING FACT SHEET • -4-•:..,..n . I , , • .. , • • • it • I. LOCATION/LEGAL Approximately 185 SE 14th Terrace and ' Approxiniately 200 •SE ••14th ,Street '• •. :. .. .••-` . . . • . . • ' Lot).4;5047,8"pnd -10 :less the El'.. •••-...• , • • ,... • • .. • • • . of !WOO ''• ' •' •"••• i ". ' at : • • • 1.... •... i.•;'::7:i..• .. . ••• j • •; • % • tlinfitk(2••• • e. .. ••••• :".•, I) ' e •1. • • . . .. ' ". Y POINT VIEW (2-93) • ' • .• . . • 1., „„.•„, ;IgigkRIAPPLICANT -; SeliP1 eeb 'Realty:Invest:mnts , N.V. i . . ' '''• .: ' .... ':..t.1) ,,i, • — . ,; , . '• •:•.•: •t ....;•*141 ' al ' • : c/a A.R. Scott 4 • •• .t.. • • •••:!, , -...• ....K...141 Oi;',',......'• ',.....• . ' : • • A i)!. ' • % • ' .° ..' 100 North Biscayne Blvd. • .. ., • • . :. - • . ''.4.-.."' - ' " • . .' .: ' '. '...• • •= Hi inii . '‘Florida • • Phone : e• '. • ..• •••• 4. ';••••':..,.• f4v.), ' ' ' •'; • " no; .. . . • • BS "ill", VIVI•au.g . h.!. .. ,': AndOkkiici: '01 %:-.1 . I ...h.- (.1..4A A.41.:1.41 J. • • .i. ,-.: ..... ... • ..st,: ,. " y . •• . • i . ' •• c/a Ribero "•'- • : ' • ', '. . , •.• '0'.. :., -.'.1'•....:','!.... '•••• " 16.,!....,,,,, sot: . its.terto-.11•M •(,' si:::161!;8W,(9th AtTPW ...1.';,y; "All:AI-WM /BO zOttitte nitOinl;RIP:i-:?•:, : to end , °Florida :• • •••• ' • ..-• pnone: r • - , , ::,,.`..',.3. • ,A514014. , • • •• • ...Pointvibw lobar, Curacao. •.• • -• • • efii :A R. Scott • • • . , • ; .••• 100 North Biscayne. Blvd. • . ' • is • • ' Miami, • • . ' Phon4 : • • • :. : t, : 4'4' .. • • . *1 eranCe Robbins ' •• • ' • •• ' ' • • ' e • . • ' " f: : ' • : • t .1 k It . (Attorney for Applicants) , •• • '' • • ,I, „ . '1401 OH stall •Avenue ' ; • • . ‘• • ...:.•,•••-•:-.? ''' '-'''•• •`••• • : lit.: • ' • ' literal, .01 Orid a. R-6 (high, Density. Multiple) ''' • •• • • • ' •'•• •'" - .. . , . Change of. Zoning .Clissification .0. ••• *. • R-00 (Residential -Office), - .. •i • . "•••• • •••• OfiittC• REUEST •• COME0101PHS t.:11!iV;IPT. • • • • .7 't • • • •'; • • ' • • • psed no 11- the Cherie. vesti,COni);tl44ri;4114411i;c) • • • into. thb: stiihie ;hi g.ttVlensit.P.:01AiM1111kA residenti el . , -0Y . • furtherretorifill n ................... -• zr The. heOili!i..wolilk.tiri,;16.;i0ntlici, tb.r • • : • ti ty • COgtprehelifei ye? t,lut h gri:011. Adi4r3P1 111! • :. ... •.:: PL.litittincit.4.114$416 ' i•-••• •:•1,.....• -'-'• ' •••rt• th*!‘1,1174.404.010t74e ho4r4i0-..4 , telt • .......,. ...- .. • ., 1190g ,....e.i , . . :1,t.:... • - -• ..; '' '"0 '• "s.'Phoile'.6579-0609, Submitted into the pub!i record or ite (s) ofl at. rit -1 �ry;;Mvcrt<Ir.:h:• `.4y9.r+:Y•, +lsn•`ilIV,/'r/•�,..,•,I,r..11eayw ♦:V'4%."11 •tro-.f•�.tirrbw•rt7+: ,r r.ti,x' Wr;�... ;Ifli•.:•;V'i� .:.�f43.. l,• 141 • • .•._• • •.: . i;t • h' d; : �.;�u' : • r.:ii:.° 5 , :%lda<••_a . •..ayi t . - i i ; I .� pi0n.. J iq nd oqi oiu! p3j.jltwgins -•-- .,:,,A.,,,rz. ... ,k„k• ftrFACI tittiter?..11v-,;, EqjsfCi. Is 74r , a -w.-• . •:., Jr. . • v., . f.... , . , ut.44,1 subriittcd into ot, public Acse- eitV riCrk 1,:-:C1.) i•C; fc;I: i i Cn 1 --', ) / 1 • .ci441014 wK.errss•-ovv rAthitn.,waa yia . . :.'3{'a WRilg.10ffi t °Rb y ftk • • ,•;+�� •7 L ^ p, �lpl��Dy Z8 1.16.84 IDS $1 14 Torr. 6 20 Si 14 Street 97'91 r, .._.i j�•VFIsi±S!F+j GRJ�i - i SCHEDULE OP DISTRICT REGULATIONS MIAMI, FLORIDA Sae Are u.N.ae..1.Ordinance Tart. PardoIllsrls Article 34 Om../ And s. .t.e, s.N.w.. Ar.d Arddei Or s.d.e..Id.em.a nr.... For OM nd.I.lat. e.. A.W. u mesa. 1011.014...tl UM Arco arum -rams vaI IOT .K®.al..r. ..ua. e.� ..r.s.... .IDO.ARA 11110M1M/ r.esao Me. ..i/.LL.LA K= ....=er..saa MAMt erra.r till.. ..16 . InN..a.mmr a.O..Om.. rr•••l.r.ra..v. 2.1i1r.......4 ?fl AL0110 uo. .,_ _ n.. .0Y1.e...Y....R.dLrmrT . ARfa.D'.RUm a.mlretloe0 ...ns..rs.... 'LOCOMILTed- 'll.at Ai.»M ti ....rill et.ve.ml.lern..rr I.m47�OlOm. ..1.1w4410•Mam...ur Ilt1P� e. am.a.er.l.aa Oee..am\l Mta. r:.er.s. W 1M& MikeffiaBIA•TMe•LP•Mar Vrol.1.11...J1r... rreL a a .mmtsmara.m r.m.a. r.W..Rn ON. rmn>nase+ura r191111•11•ZR..C4MI R r....a.rnraasw..ea ..e.........i+ell 0.....a..Y...M ._.wWw.r..�.w .Ide I.................rLM1..r.._......aJ..a , r..r..."'^r_Y.tai r�..w.....1.....r.a .a81••r4•..41=1. �...w� r '� lr.. r......... .� ��rr .++mot rr.ar•.rrr..... r r.r�r.•�+..�'.� wYrr. M_r �.+�4� r.�in� � ea rrr W ...... r. +.•.�—f +i w...w WNW. mamaYrr • .._ w .� a`rT.J ............ w.r r • - - - - - -rr..Y.�..n...r� ... r- samara.. •a ..r y.. .. r.r...._ _r .....r...r. v .i away. .. �.� ...a.-� rr.a rrr rr..e..w...r ,...., _......+ ...r...ta..+ �.ar•.r rt'= tea.-`.. .7 ..` _ter .r.= .r.r . ...� ..._.. ...:.......r.... ' ram....-....... :...^.r'�t` S ea ..—." `......ear ....«....... . — .......,.............T . ► a r"t....._� .,..e a... ... ... • r�� ..+.da .. it n rsr�.. r—. .....••••••.....mm......mm•rimr••• ...=.1......r ram........ �1 ORNEi ALLY ON SPECIAL PERMIT .•e articles 23--38. L1 re a i Ars a in. c• FLOOR AREA RATIO Bee sections 2000.1.1 'tted into e public ord for itet (s) Q Z II) M.. statism 2012 bk BU1LDtNO RPAC I[NO (No section 2013). 9.. ale. City Charter, 8.etian 2141(b). ;s moray -re OlT rlhli- bolt, wire lab ayde i en imorranlelg sflry only Istr4rt, nide rsa4isWl et fled le width dome slie ywierMs whom Mile oo. wookell b ma peroolikei b ometal'..it adpr, IN Wont, older, Mtn oigda M on 4.l..trl44 ably only. 1► WnMrial doariel. soh M 1111 hoof v ellytk thane Vim whin depth ern wi 4p ems rr.ttl•il poor :I rink snip, no Tent M nswd otter .sw*Yeen se *.row diaviM shell apply me side w rest tromillasal VOA MIIIIIMIVITIAL. wells. .�- pr,drlo web * few instatit t■ awls MIS mille.11Mt 110-1, >t RA/TDM1R'tAl.o►t11Ct Ow. add eo.fiwwwde drdlMot.- Net let arms CM Di P. Nee la ern d•etiley emit 1,1441 an 0 lot width fe ft. N. IM bars•hor .eNed eiwiA home • width d Ins• Ikon M Art, sops that e M he • mooklenseleed Memnon M i. otslletdd M prowl& . eeibwlswses lot with of fd Iietfw welt snit, we no mhorwtop.w► widod be section MA Any poet we wibdl,iid shell tbwesher be mod .oly fir the on he shish ou Wt vied imam roemblwd with •illiraaol /ee'ory n f r 11 • bpi of dodwsw dtew.•i.r r.yskd Ow other pwwUbad swat A irarAdt dwstlt her frees Y .ma tb. rstspg owl* Pb 41411114, and Won Oros Ml once .,.10 own loot 00 ha wide When brdivld.•I i6 on pwridai `attewhol Anvil less, e+ieln+sm width dwell be I IP% fort. sdmileosen mot Ids arm 1100 Mars hot Uadtotisoo we row d Me w wbNeY•d eba0 be no M ur sal ow lowtly dwelling lath w An ,,sailed wooer 114Uvatip i saw atructuno t.l width. oil ono M Ores let new a'em ifs WNW Voitilloope NON Ulcer ens melt. Ingmar_ wrr mind nolilloolldsittrr mennol i dine set. Ile, tf b IOW* slow Impose aarrsi edteed r.. ladttitls M bag • trams a amill..tid amid et blocs ill potent unreel Vito ewe, wa.._rea Awe was ties alit a mad lams A bide ewe not mod: hies Ilea LdtDWMTlAILOMell T)tlsT>tp('TIt OI17411R. ALLY AO sw,, bdtdis. oprrI Yorke d&I low heeaaed .s woswwy to moo ewelw.,omeato d unties WO, open •.el WNW. opoehm." e.• the M1Mling ruler rw pirw+w est Arab thwrde dean corers dblawnee boteeeno bsllisgn w portion thereof whin were shoo see oink b4Ylwe is on eMd on a IM flono d nod*L•h, reran etiron loollaenok on* bw)sad oewiws► libraries. •r.denswa, .od the Ma: Pe. M Mot leNrbe tlds. rear welrAMwt, wleisdaw 1d. morose Ilollellpe sew portions of bulWge as the sereri it AO be oeyrmW by at Moot • hat Yards kw Mb non skin ion rwpirmd r he Arido ttal saea (AG i. VOL 1111111b1DRIALOIPVICII 110e .used T*`Youily) �f/MMIIY VAS AND IVILDINO SPACIPN1 (WWI ar e/'th 4 Oa*. w .pp1M•bid >iaeid.oniol sea yore of *Alm el hrins ?not dhet issrhr di w•aeriewt, gob.laesrs Ike •*cream inset. wean KAMM! LOT COVIINA(li lbn/s.wen aA ter _.crags by MI bihlroire slweil not .cried pot lot nag.. onelliplind by MIMMVN UVASILI'TY SPACi ldistwwne linollenity spew at yrowd hod pr•.Md es sbs Ise obeli am he hew sine oft eel moo areMipiid•by tAilmbod leffa t/M rADOi AJIO iftliattiM0 Magi tweak 'sr ipb ha bd. r .ppYs•YN I1ssNsettd um, me, r mien d kir Pont d brit Wier roes Mast. adsirno M. aw.otge LL.L roar C'i.tt'1 lit• -.. J y mr _ SO et 44 01, r and Qssbsrl FLOORAte, ItIRINVI4 mac MVAIMIfl7 MICE AMD fNlM SPACX ttstsiitl fit As.r ow of sionnt r.O1111p Nov so._- r w. imillamdlp ono Awl io • dame Iw'l 1s, Moe neon dal r tnysM rs r mioil old itoorossii amowuliti hlii ape. --M- wrap elapses ism gm ail hoe B ' 1 Alm I Ink dim me ill bo OD rs wagWee aid Submitted into the publi xord fpr itei (s) y 7.. 01 1/7,5. City Clerk MIAMI 21 AS ADOPTED - MAY 201T BUILDING DISPOSITION LOT OCCUPATION e. Ld Ara 6,0O0 1.1. aim; 40,000 cl. mac b.IdWide 60In n. c Lai Coven0a •r-6glades 00%mar. -AbeaaPPuy 1 lops a`Rmu. Feed* Pet Raided. A Lodpin0 30.000 sq. S. mar. Fbmplale for Office 6 Caamardal d Hoar Id Ri0o (FLR) 6125% Wakes( Pubk boa a.Frontage alkat Saba* 70%rah L Open Space US Id Haas ask O. Daas0y 160 Mee sue.' BUILDING SETBACK a.PdncbalFiord 10 IL nen.; B3 fL dn. abed PStory b. Secondary Front 10 R ndn.; TOR vein. don &Story colds Otwit: 70Lde. Mom IPMoly I. Rest 0Lmkt; 30Lrah above $Slay a.AbeirgSale 0Reer7S OIL min. ldIwo* 60Vary 10 IL mit IP enough rSEory 30 L net above M story Akin SNeor RestT4 SLmhtoMVO PWary 26 L min. shove 6"Sory Mad WeoRear T3 10%elLeldepth" mi. Peddle 2"Story 24Ra16t. Videglt r Story 41 L mh above EPSlay BUILDING CONFIGURATION FRONTAGE a. Coded Lain podded b Pads 4 Fans prohibited c Time orL.C. praldltad I. Forecast wad a. Slap panned 4. Shaded pemdOed (TS-O L ane TH O only) V. 43411my wade try Spode Ana Flan h. Arcade eenellN by SpedN Ara Plea BUILDING HEIGHT chit Mehl 2 Modes b.Max.Need 0 Modes c hhd. Sled lard 4 BodaAMdh>, d Tome* taus mead T3 ' Ora menet le Diagram, Exhibit G ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-8) BUILDING PLACEMENT PARKING PLACEMENT BUILDING HEIGHT wlletaet1E11Ea RLa0lQ0 mmuaT u 11 10 4 V.29 RtU imu811lM io Mak a a e 1 POURNIUSSRP010 'Moll did Sidi Minerem 0em itrdeep nblk1061raho Wasp Submitted into the publ record f . itc_ (s) L. cn V /t J�I . City Clerk STATE OF FLORIDA COUNTY OF MIAMI-DADE AFFIDAVIT OF CITY ATTORNEY BEFORE ME, the undersigned authority personally appeared Victoria Mendez, Esq., the City Attorney of the City of Miami, who, being by me first duly sworn, deposes and states under oath as follows: 1. My name is Victoria Mendez, Esq., and I am the City Attorney of the City of Miami (the "City"). 2. I am over the age of twenty-one years old. 3. I have reviewed information related to the property located at 240 SE 14 Street (the "Property"). 4. I have reviewed the Declaration of Restrictions related to the Property recorded in the Public Records of Miami -Dade County at Official Records Book 12000, Page 2469 (the "Covenant"). 5. The Covenant contains two relief clauses in the event of changed conditions related to the Property. 6. The first clause for relief from the Covenant relates to an increase in the permissible Floor Area Ratio ("FAR") for the Property above the permissible FAR at the time the Covenant was executed. 7. The Covenant was executed in 1983. At that time, Zoning Ordinance 9500 was applicable and the Property was in included in the RO-3/7 zoning district. 8. According to Ordinance 9500, for mixed residential and non-residential uses in the RO-3/7 district there was a maximum of Floor Area Ratio of fifty-eight hundredths (0.58) times the gross lot area. Ordinance 11000 increased the Property's applicable Floor Area Ratio to a maximum of one and seventy -two -hundredths (1.72) times the gross lot area. Pursuant to Miami 21, the Property's current Floor Lot Ratio is five (5), with the option of an additional twenty-five percent (25%) through the Public Benefits Program. 1 of 3 Submitted into the public record fl5r ite i1(s) IL, 1� on \f J) x . City Clerk 9. Due to the significant increase in the permissible FAR, the first relief clause is satisfied and the Property should be relieved of the limitations described in paragraphs 1-12 of the Covenant. 10. The second clause for relief from the Covenant relates to the permissibility of commercial uses in the area along Brickell Bay Drive between SE 14 Street and SE 15 Road. 11. The specified area is all within the T6-8-R zoning district under the current Miami 21 Zoning Code. 12. The T6-8-R zoning district permits commercial uses through the City's Warrant process 13. Due to the permissibility of commercial use, the second relief clause is satisfied and the Property should be relived of the limitations described in paragraphs 1-12 of the Covenant. [SIGNATURE PAGE TO FOLLOW] 2 of 3 Witnesses: Submitted into the publi record for ite , (s) O?1 \ t 11I City Clerk FURTHER AFFIANT SAYETH NAUGHT Signature Victoria Mendez, City Attorney Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Sworn to and subscribed before me on the day of , 2018. Affiant is _ personally known to me or _ has produced as Identification. My commission expires 3 of 3 Notary Public, State of Florida Submitted into the pupil record f9r ite (s pupils �3 n 1/ �� City Clerk • BGRCOW RADELL FERNANDEZ & LARKIN ZONING. LAND USE AND ENVIRONMENTAL LAW DIRBCT UNE: (305) 371- 220 EMAIL: JBeroowebrzoninglaw.com VIA HAND DELIVERY January 19, 2018 Mr. Devin Cejas Director of Zoning, City of Miami 444 SW Second Avenue, 4th Floor Miami, Florida 33130 RE: Request for Relief Related to the Declaration of Restrictions for 240 SE 14 Street Dear Mr. Cejas: This law firm represents Babylon International, Inc., the owner of the property located at 240 SE 14 Street, Miami, Florida (the "Property") within the City of Miami (the "City"). We respectfully request relief in the form of an Affidavit or Certificate from the City Attorney as described in Paragraph D of the Declaration of Restrictions related to the Property recorded in the Public Records of Miami -Dade County at Official Records Book 12000, Page 2469 (the "Covenant"). Property Description. The Property is located between SE 14 Terrace and SE 14 Street in the Point View area of Brickell. Miami -Dade County's Property Appraiser has assigned the Property reference Folio Number 01-4139-068-0001. The Property is approximately 15,000 square feet in size, and is improved with a five (5) story structure with thirteen (13) residential units. The structure was designed in the late 1970s under the City's 1960 Comprehensive Zoning Ordinance, to comply with the R-5 zoning district regulations. The Property has been rezoned a number of times: • 1982- Rezoned by Ordinance 9500 to the RG-3/7 zoning district, • 1983- Rezoned by private application to the RO-3/6 zoning district, • 1990- Rezoned by Ordinance 11000 to the 0 zoning district, • 2010- Rezoned by Miami 21 to the T6-8-R zoning transect. Request Relief of Covenant. The Covenant was proffered in connection with the 1983 private rezoning application ("1983 Rezoning") and was recorded on December 16, 1983. See Exhibit A, the Covenant. The purpose of the 1983 Rezoning was to allow some SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 880 • MIAMI, FLORIDA 33131 PHONE. 305.874.6800 • FAX. 805.877.0322 • WWW.BRZONINQLAW.00M Submitted into the public t� record fpr itern(s) , on Mr. Devin Cejas City of Miami, Zoning Director January 19, 2018 Page 2 City Clerk commercial uses on the Property, while maintaining some residential units. It appears that the then -Property owners, only one year after construction was completed, were having difficulty finding tenants for the thirteen (13) residential units. The intent of the 1983 Rezoning was to provide some flexibility in the permissible uses on the Property. The Covenant was intended to provide the City and the neighbors assurance that Property would not become wholly commercial and change the character of the neighborhood as it existed at the time. The restrictions in the Covenant also include prohibition of structural modifications to the building; limitation to only residential, limited office, and banking uses;1 and limitation of all signage to the SE 14 Street side of the Property.2 The Covenant contains specific modification and release provisions, but more importantly, also provides automatic and ministerial relief clauses in the event of changed circumstances. First, the Covenant provides that "if the permitted FAR applicable to such area increases above the presently permitted, the subject property shall be relieved of the limitations contained herein which are more restrictive than the new district or regulations." See Exhibit A, pages 2-3. At the time the Covenant was executed, the Property was in the RO-3/7 zoning district and zoning Ordinance 9500 applied. See Exhibit E, 1983 Rezoning and Backup. Review of the floor area regulations of Ordinance 9500 indicates that for mixed residential and non-residential uses in the RO-3/7 district there was a maximum floor area ratio of 0.58 times the gross lot area. See Exhibit F, Ordinance 9500 Excerpt. The current Floor Lot Ratio ("FLR") in the T6-8 zoning district is five (5), with the option of an additional twenty-five percent (25%) through the Public Benefits Program. See Exhibit G, Miami 21 Excerpt. The "permitted floor area ratio applicable to" the Property has increased over the floor area ratio permitted in 1983 and the Property should be relieved of the limitations described in paragraphs 1-12 of the Covenant as all limitations are more restrictive than the present Miami 21 restrictions on the Property.3 t Limitations are found in paragraphs 1-12 of the Covenant. 2 The Covenant also specifies that exterior modifications to the building require approval by Iry Korach, as representative of Point View Association, Inc., and in his absence someone appointed by the Association. According to the Florida Department of State, Point View Association, Inc. is an inactive not -for -profit corporation, and its Articles of Incorporation do not contain a successor organization. See Exhibit B and C, Point View Association, Inc. Information. Additionally, Point View Association, Inc. is not registered with the City Neighborhood Enhancement Team Downtown-Brickell Office. See Exhibit D, Downtown-Brickell NET List 3 Even prior to Miami 21, Ordinance 11000 increased the Property's applicable floor area ratio above the 1983 limit The floor area ratio for the Property under Ordinance 11000 was a maximum of one and seventy- two -hundredths (1.72) times the gross lot area. BERCOW RADELL FERNANDEZ & LARKIN ZONING. LAND USE ANO ENVIRONMENTAL LAW Submitted into the pub!ip record fpr ite n(s) o� 1 ZS . city Cie; Mr. Devin Cejas City of Miami, Zoning Director January 19, 2018 Page 3 Additionally, the second relief clause provides that "if the zoning district or the regulations applicable to all the properties on South Bayshore Drive [now Brickell Bay Drive] between S.E. 14th Street and S.E. 15th Road should change to permit any structure within such area to be used totally for offices, banks, or commercial uses, or combinations thereof...the subject property shall be relieved of the limitations contained herein which are more restrictive than the new district or regulations." See Exhibit A, pages 2-3. As previously indicated, the area along Brickell Bay Drive between SE 14 Street and SE 15 Road is currently in the T6-8-R zoning district. According to Miami 21, the T6-8-R zoning district permits commercial uses through the City's Warrant process. Therefore, it is permissible for any structure in the area to be used totally for commercial uses, and the Property should be relieved of the limitations relieved of the limitations described in paragraphs 1-12. These two relief clauses in the Covenant are connected by an "or," and therefore, either one can be satisfied to allow for relief of the Covenant. Here, both are satisfied because the current FAR has significantly increased from what was permitted at the time and commercial uses are permitted in the specified area. Although covenant issue are currently primarily handled by the Department of Zoning, the Covenant specifies that relief of Covenant limitations can be accomplished via an Affidavit prepared by the City Attorney. The Affidavit should acknowledge the changed conditions of the City's zoning code and be recorded in the Public Records of Miami -Dade County. We have taken the liberty of preparing an Affidavit relieving the Covenant limitations as provided therein, and we are enclosing the draft Affidavit and a separate letter to the City Attorney with this letter. Accordingly, we respectfully request that you review the Property's zoning history and coordinate with the City Attorney's office to relieve the Property of the limitations described in the Covenant. Should you have any questions or comments, please do not hesitate to phone me at 305.377.6220. Sincerely, Jeffrey Bercow Enclosures cc: Melissa Tapanes Llahues, Esq. BERCOW RADELL FERNANDEZ & LARKIN ZONING. LAND USE AND ENVIRONMENTAL LAW Submitted into the public record f r it9rn(s) 0,, 11) on 11 tf /) `. City Clerk BABYLON APARTMENTS STRUCTURAL CONDITION SURVEY 240 SE 14th St, Miami FL 33131 Prepared for: Ms. Viky Leiva, Esquire Bilzon Sumberg 1450 Brickell Avenue, Suite 2300 Miami, FL 33131 Prepared by: 1 PE GROUP CONSULTING ENGINEERS, INC. 6135 NW 167 Street, E26 Miami, FL 33015 305-655-1115 (COA # 6661) PEGroup File #: 16-096 •,g/Ili„,,,� '��' sOHN pA ��' •\ �LICFN• AF9_ At _ s 50 otpl LFfinveloot5073 "^"'A(....27, 2016 P '( I' PEGroup Consulting Engineers, Inc. - TABLE OF CONTENTS — TAB 1. STRUCTURAL CONDITION SURVEY A. PURPOSE B. DESCRIPTION OF BUILDING LAYOUT C. STRUCTURAL SYSTEM OF BUILDING D. SUMMARY OF UNSAFE CONDITIONS E. SWIMMING POOL AND ROOF F. APARTMENT FLOORS G. GROUND FLOOR H. CONCLUSIONS I. CLOSING TAB 2. REFERENCED PHOTOGRAPHS APPENDICES Babylon Apartments PEGroup File # 16-096 record cor ��• °1-1 11 L-5�l' • Ci-l- C1e;k • APPENDIX A — Miami Dade Ordinance — Unsafe Structure • APPENDIX B — Miami Dade Tax Appraiser — For One Apartment • APPENDIX C — Pictometry Aerial Photographs • APPENDIX D — Photograph Logs and Inspection Photographs • APPENDIX E - CD(s) Containing All Inspection Photographs and Complete Report in PDF Format Submitted into the public record f r itei >(s) en . `I) 'I 1L. City Clerl:. PEGroup Consulting Engineers, Inc. Babylon Apartments PEGroup File # 16-096 BABYLON APARTMENTS - STRUCTURAL CONDITION SURVEY A. PURPOSE: PE Group Consulting Engineers, Inc. was retained to make a structural condition survey of the subject property. The purpose of our inspection was to determine whether the building is unsafe in accordance with Miami -Dade County unsafe structure ordinances which is attached in Appendix A. The highlighted sections indicate problems noted in the building. Our inspection was conducted April 25, 2016. B. DESCRIPTION OF BUILDING LAYOUT: The building layout is as follows: 1. Ground Floor parking, surrounded by partial retaining walls on all sides. Ramps led down from the street level to the parking. 2. First floor apartments. 3. Second floor apartments. 4. Third floor apartments. 5. Fourth floor apartments. 6. Roof, mechanical rooms and bottom of pool structure. 7. Upper roof and pool. We were informed the building construction was started in the late 1970's and stopped for some time before it was completed and that the building was first occupied in the early 1980's. But this has not been verified by us. See Appendix B for data from the Miami Dade Tax Appraiser for one apartment See Appendix C for Pictometry aerial photographs C. STRUCTURAL SYSTEM OF BUILDING: For the purpose of this report, the front of the building faces east. We do not have the structural drawings and make the assumptions of the structural system based on visual observation and where the structure had been exposed by corrosion, failure of fmishes or vandalism/theft removal of copper wire and other items. The foundation system is unknown to us and was not evaluated. No obvious visual problems exist. The floor systems, with the exception of the pool deck, stairs, landing, parts of the front wall and possibly some hidden small concrete members are primarily composed of Epic steel deck floor system spanning east -west (front to rear) between concrete walls and/or beams taking the loads to walls or concrete columns and then down to the foundations. The cantilever balconies on the north and south sides of the building were cantilevered Epic steel deck with concrete fill and additional steel in the top extending into the cantilever. A small closure dropped section existed at the edge of the cantilever with one rebar paralleling the edge. Page 1 of 4 PEGroup Consulting Engineers, Inc. ;.,to the publi Rabylon Apartments PEGroup File # 16-096 Most of the apartments had sliding glass doors full length from east to west, with wood headers above them and wood jambs attached to concrete columns. Plywood was used around the doors to sheath the gaps and stucco with wire lath was applied over both the columns, headers and jambs. Aluminum railings were used at the edges of the balconies, stairways and other areas were falling was possible. Multi -ply roll roofing was the main roofing type used. D. SUMMARY OF UNSAFE CONDITIONS: Illustrations of many unsafe conditions and their general extent on each floor are listed. The photographs document the unsafe conditions in more detail. We classify them as follows from top to bottom. E. SWIMMING POOL AND ROOF: The swimming pool main members were badly corroded with major reinforcing exposed with extensive spalling. (Pool P 39, 42) The pool railings were removed. (Pool P 6) At some time in the past the bottom of the pool was cut out with concrete saws and removed. (Pool P3) Cracking of stucco was extensive in masonry walls. (Pool P 21) What appeared to be improper construction of the masonry/wall interface was noted with expansion joint filler placed between the concrete elements. The attachment between the walls and slab above is unknown. Cracking on the outside wall stucco mirrors the expansion joint material. (Pool P 46, 51, 53, 54) F. APARTMENT FLOORS: Extensive rot was observed in the headers over the sliding glass doors on the balconies at all floor levels. The same was also seen at the jams adjacent to the concrete columns. These conditions were caused by water running off the balconies and down the wall face. In addition, termite damage was observed at locations of rotted wood. (4th FL P 17, 20) (314 FL P 12, 14) (2FL P 10. 15) Rotted wood was seen at the window jambs. (4th FL P 48-49) At some time in the past, gutters and downspouts were added, which while assisting in gross water run off from the balconies, appeared to have allow water to enter into the wooden header jam areas. (4th FL P 50) (3FL P 26, 32) Where it can be seen without demolition, the wood headers and sliding glass door jams have become structurally damaged to the point that they can no longer carry the required wind loads and could fail in Page 2 of 4 PEGroup Consulting Engineers, Inc. any wind event, even non tropical winds. Submitted into the publi rite=rp(s) City Clerk Babylon Apartments PEGroup File # 16-096 The Epic steel deck is badly corroded at many locations at the outer edges of the balconies and above the sliding glass door headers. This corrosion further renders the headers unable to take the design loads. Vertical load and horizontal load from railings is also compromised. (3FL P 17, 20) (2FL P 21, 39) The Epic steel deck had corrosion inside the unit, visible where the ceilings had been removed. (3FL P 33) The 3`d floor balcony appeared deflected. (314 FL P 3) There were many locations where corroded reinforcing bars had spalled their concrete cover and were continuing to rust. There were many more locations where "cosmetic" type repairs were made, and the steel condition between these areas was questionable due to the poor quality nature of the repairs. (2FL P 27) There were areas of broken floor tile that indicated steel corrosion and concrete spalling beneath the tile. (1' FL P 12) There were large areas of "repairs", particularly on the 2nd floor, where the damaged soffits and headers had merely been covered with backer board to conceal the structural damage. (2FL P 7-8) The exterior walls had large areas of repairs at cracks and delaminated stucco. (3FL P13) Most apartments had been stripped of copper by opening the walls and taking the material from the wires, plumbing and A/C units. Holes had been punched in walls, ceilings and pipes. The appliances and cabinets were gone in many places. (4th FL P 1, 36, 40) G. GROUND FLOOR: The ground floor damage mainly consisted of corrosion of the Epic steel deck. Some areas had extensive corrosion and concrete spalling and others only had rust that needed cleaning and painting. (GRFL P 13, 14, 22) There were cracks and concrete spalling along the edge of the slab above from corrosion of the embedded reinforcing steel. (GRFL P 20, 29) There were some stucco cracks and spalls in the columns, beams and other concrete elements. (GRFL P 6-7) From the ground, the extent of damage and prior repairs was visible at the edges of the balcony slabs on both the south and north sides of the building. (GRFL P 16, 30, 32, 35,) Page 3 of 4 PEGroup Consulting Engineers, Inc. H. CONCLUSIONS: Submitted into the publjc� 1� record fqr iterp(s) ��ll City Clerk Babylon Apartments PEGroup File # 16-096 Based on this inspection with the items noted above, it is our opinion that this building is currently an unsafe structure in accordance with the Miami -Dade County unsafe structures ordinance. This was based on the extensive rot and deterioration to the exterior walls, headers and jamb elements that carry the wind loads to the foundation, as well as other items noted. In addition, there was evidence of improper or poorly executed engineering design and construction based on the stucco wrapped columns and headers that deteriorated from water intrusion, what appeared to be a lack or proper drainage off the balconies, and block walls that had missing mortar or poorly tooled mortar joints. In addition, the wood headers above the sliding glass doors appeared to have insufficient structural capacity and connections for transferring the applied wind loads to the foundations even when new. Many of these conditions created extensive maintenance related problems related to unsightly stucco cracking and water intrusion into the walls and interior. In its current condition, it is our opinion the building is unable to sustain the loads required by both the South Florida Building Code in affect at the time the building was constructed and the Current Florida Building Code, 5th Edition which is now in force. In the event of a significant wind event or winds less than hurricane force, the walls of the building are unstable as described above and may cause flying debris that would endanger the Public as well as adjacent buildings. Due to the extensive demolition and repairs required, it is also our opinion that the reconstruction would exceed 50% of the value of the building. I. CLOSING: The opinions expressed herein have been made within a reasonable degree of engineering certainty. No other warranty or guarantee is expressed or implied. We reserve the right to amend our opinions should additional pertinent information be provided. Page 4 of 4 S. , ,:: ,p into ti publif �3 ._:ord for itejn(s) s on 1 / 1.5 / I K City Cl PEGroup Consulting Engineers, Inc. Babylon Apartments - Report Reference Photos PEGI File # 16-096 4-25-2016 1FL P 12 2 FL P 08 2FL P07 2FL P10 Submitted into the publi record r ite (s) V1 , 0on / City Clerk PEGroup Consulting Engineers, Inc. Babylon Apartments - Report Reference Photos PEGI File # 16-096 4-25-2016 2FL P15 2 FL P27 2 FL P21 2 FL P 39 Submitted into the pubic record or itepn(s) \1 L� 13 on } t5f/ • Ci Cler PEGroup Consulting Engineers, Inc. Babylon Apartments - Report Reference Photos PEGI File # 16-096 4-25-2016 3FL P 03 3FL P 12 3FL P • Subn it • into the pub record r ite s) P Li \j on \ I1, 5 / 1 City Clerk PEGroup Consulting Engineers, Inc. Babylon Apartments - Report Reference Photos PEGI File # 16-096 4-25-2016 3FL P 20 3FL P 32 3FL P 26 3FL P 33 • PEGroup Consulting Engineers, Inc. Babylon Apartments - Report Reference Photos PEGI File # 16-096 4-25-2016 4FL P 01 P 20 4FL P 17 4FL P 36 Subrd ed into the public record fpr item� s) 212) on City Clerk Subm'tted into the pubic record for iterri (s) �,, V)) on l / t5 / I City Clerk PEGroup Consulting Engineers, Inc. Babylon Apartments - Report Reference Photos PEGI File # 16-096 4-25-2016 4FL P 40 4FL P 49 4FL P 48 4FL Subm' I ' : pub 'c recorditc� (s) t i' on City Cle PEGroup Consulting Engineers, Inc. Babylon Apartments - Report Reference Photos PEGI File # 16-096 4-25-2016 GR FL P 01 GR FL P 07 GR FL P 06 GRFL P13 Sub into the public :cord fpr itcrp(s) Q 7, \ 3 on 1 /'L 5 / . City PEGroup Consulting Engineers, Inc. Babylon Apartments - Report Reference Photos PEGI File # 16-096 4-25-2016 GR FL P 14 GR FL P 20 GR FL P 16 GR FL P 22 Sub d into the pub is record or ite (s) Z, \ on � / I (� y PEGroup Consulting Engineers, Inc. Babylon Apartments - Report Reference Photos PEGI File # 16-096 4-25-2016 GR FL P29 GR FL P 32 GR FL P 30 GR FL P 35 Subm t into the public record f�r erp(s) 9 t. 6 on // City Clerk PEGroup Consulting Engineers, Inc. Babylon Apartments - Report Reference Photos PEGI File # 16-096 4-25-2016 Pool P 03 Pool P 21 Pool P 06 Pool P 39 Submit , ` : o the public record r ite (s) on Ci Clerk PEGroup Consulting Engineers, Inc. Babylon Apartments - Report Reference Photos PEGI File # 16-096 4-25-2016 Pool P 42 Pool P 46 Pool P 51 'oaI Submitted into the public record iQIr it(.(s) on 1CZ,3 J IS • City CIc-k PEGroup Consulting Engineers, Inc. Babylon Apartments - Report Reference Photos PEGI File # 16-096 4-25-2016 Pool P 54 PORTFOLIO Srquitectonlca International Corporation • All Rights Reserved Certificate of Authorization: AAC000465 PORTIMILIO SEARCH CONTACT US OFFICES CAREERS BROCHURES ubmitted into the ..1 ` record fQr itetp(s) on 1, :-i I_ —_ City Clerk zto the public ord f r ite (s) (�, vt5 ig . City Clerk 500 BRICKELL CONDOMINIUM • MIAMI, FLORIDA AGRICULTURAL BANK OF CHINA HEADQUARTERS + CONSTRUCTION BANK OF CHINA HEADQUARTERS- H►`lNasHAI, CHINA AL MANHAL MASTER PLAN ii,DU T HABI, 17NI TED ARAB EMIRATES AL MASHTAL MASTER PLAN • AB U tt1 :E 1 :J 1ITED ARAB €M RATES ALBA CONDOMINIUM • GAlFt NH ILL RISE, SINGAPORE ALONZO & TRACY MOURNING SENIOR HIGH 'IIA.r,Ia, FLORIDA AMERICAN BANK CENTER ARENA+ CONVENTION CENTER - CORPUS CKRISTt. TEXA5 AMERICANAIRLINESARENA ' ? MI. FLORIDA ARQUITECTONICAHEADQUARTERS • 0:~EU f GROVE, FLORIDA ARTECITY • MIAMI BEACH, FLORIDA AVENTURAGOVERNMENT CENTER. Alm"_, t '; FLORIDA AXA+ AIA LANDMARK EAST • KWUI t TONG, KOWLOON,, F-IONG KONG, CHINA AXIS CONDOMINIUM MIAMI. FLORIDA BALLET VALET PARKING GARAGE & RETAIL CENTER- ail BEACH. FLORIDA BANCO DE CREDITO HEADQUARTERS MA, PERU BANCO SANTANDER HEADQUARTERS, JK IGUATEMI MALL + WTORRE PLAZA. SAO PAULO, BRAZIL BANCO WIESE • LIMAS PERU BANQUE DE LUXEMBOURG EXPANSION LUXEMBORG t to the pub is recora for ite ts) V L. \?, a , / L5 / 1 . City Clerk BANQUE DE LUXEMBOURG HEADQUARTERS " LUXEMBOURG BBVA / TORRE BEGONIAS BEB BEIRUT BELCORP HEADQUARTERS LIMA, PERU BENTLEY BAY CONDOMINIUM I !JAM] BEACH, FLORIDA BISCAYNE LANDING MASTER PLAN "''iAMI, FLORIDA BLUE CONDOMINIUM • MIAMI, FLORIDA BM MINERAL HEADQUARTERS " SHANGHAI, CHINA BMG OFFICE BUILDING < 3EVERL HILLS, CALIFORNIA BRICKELL CITY CENTRE • !1IAMI_ FLORIDA: USA BRIGHT DAIRY GROUP HEADQUARTERS SHANGHAI. CHINA BT HEADQUARTERS , PARIS, FRANCE BUBNY INTERMODAL CENTER ''RAGUE. CZECH REPUBLIC CANYON RANCH HOTEL, SPA AND RESIDENCES • MIAMI BEACH, FLORIDA CAPITAL CITY CONVENTION + TELECOM CENTER 'JACKSON, MISSISSIPPI 111 CENTER FOn INNOVATIVE TECHNOLOGY DULLES, VIRGINIA CENTRAL PARK RESIDENTIAL COMPLEX - SHANGHAI. CHINA CITY OF DREAMS - MACAU, CHINA CITY OF LAKES MASTER PLAN HENYANC. CHINA COLOMBUS BAY MASTER PLAN IvIONTE CHRISTI, DOMINICAN REPUBLIC CONEY ISLAND URBAN REVITALIZATION PLAN BROOKLYN, NEW YORK CYBERPORT + LE MEREDIAN HONG KONG, CHINA DIJON CONFERENCE CENTER / DIJON PALAIS DES CONGRES DIJON, FRANCE DIJON PERFORMING ARTS CENTER DIJON, FRANCS DIJON REDEVELOPMENT DISTRICT MASTER PLAN DIJON, FRANCE DISCOVERY SCIENCE CENTER gANTA ANA, CALIFORNIA EAST HOPE GROUP HEADQUARTERS SHANGHAI, CHINA EAST LOS ANGELES COLLEGE PERFORMING & FINE ARTS SCHOOL EASTPORT • DALIAN, CHINA •ENEIDA HARTNER ELEMENTARY SCHOOL MIAMI, FLORIDA City Clerk EQWATER OFFICE sum DLNG FESTIVAL WALK Fie, hi G iAON=.. 1111 FLORIDA INTERNATIONAL UNIVERSITY SCHOOL OF INTERNATIONAL & PUBLIC AFFAIRS ..1 FLORIDA TURNPIKE TOLL PLAZA MIAMI, FLORIDA FRANKLIN COUNTY COURTHOUSE COLUMBUS, OHIO GRAND HYATT CONVENTION HOTEL SAN ANTONIO, TEXAS HAIYAMEGAMALL & RESIDENCES SHENZHEN, CHINA HAIZHU PLAZA (HENDERSON CENTRE) HARBOUR CENTER AT AVENTURA ' ' FLORIDA HIGH SCHOOL FOR ARCHITECTURE . QUEENS, NEW YORK HILTON AMERICAS HOUSTON CONVENTION CENTER HOTEL • HOUSTON, TEXAS HUDSON YARDS MISTER PLAN • NEW YORK, NEW YORK ICON BRICKELL CONDOMINIUM + VICEROY MIAMI MIAMI, FLORIDA ICON VALLARTA CONDOMINIUM PUERTO VALLARTA, MEXICO IMPERIAL CONDOMINIUM FLORIDA INTERNATIONAL FINANCE CENTER+ CONRAD SEOUL SEOUL, SOUTH 14C9I7EA IRVINE VALLEY COLLEGE PERFORMING ARTS CENTER IRVINE, CIIIN J.W. MARRIOTT HOTEL & AT&T OFFICE TOWER • LIMA, PERU JORGE CHAVEZ INTERNATIONAL AIRPORT LIMA, PERU KING GLORY MALL SIgEIVZHEN YN°INA LATITUDE MIAMI, FLORIDA LE MERIDIEN HOTEL HONG KONG, CHINA LINEA • SAN FRANCISCO, CALIFORNIA LONG ISLAND UNIVERSITY RECREATION & WELLNESS CENTER - NEW YORK, NEW YORK LULU ISLAND MASTER PLAN ABU DHABI, UNITED ARAB EMIRATES LUMINA AID! FPak!fl rr, CALIFORNIA LUXURY COLLECTION - PARACAS ""ARACAS, PERU . LUXURY COLLECTION - URUBAMBA • URUBAMBA, PERU MALL OF ASIA MANILA, PHILIPPINES MANGROVE WEST COAST • SHENZHEN, CHINA FLORIDA record fpr- itcrpds) �11� " _ \ '� r . City Clerk MARINA ®LLJ • MIAMI, FLORIDA MARQUIS + ME MIAMI • rniAR1L FLORIDA MARRIOTT HOTEL & OFFICES • PRAGUE, CZECH. REPUBLIC MARSEILLES BLEU CAPELLETE MARSEILLES, FRANCE MAZARS LA DEFENSE • PARIS, FRANCE MENARA KARYA OFFICE TOWER, aRTA, INDONESIA MIAMI BEACH CONVENTION CENTER MASTER PLAN • MIAMI BEACH, FLORIDA MIAMI CHILDREN'S MUSEUM „ FLORIDA MIAMI CITY BALLET FA; I SEACH, FLORIDA MIAMI INTERNATIONAL AIRPORT CONCOURSE E ;. FLORIDA MICROSOFT EUROPEAN HEADQUARTERS FRANCE MIRANOVA RESIDENTIAL & OFFICE TOWERS' COLUMBUS, OHIO MISSION BAY RESIDENTIAL BLOCK SAN FRANCISCO, CALIFORNIA MISSISSIPPI TELECOMMUNICATIONS CENTER IACKSON, MISSISSIPPI NASA COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER DOWNEY. CALIFORNIA NEW ERA MALL _ E`,TRIET, SHANGHAI, CHINA NORTH DADE COURTHOUSE P1I uF+11, F I QR1DA NOVOTELCITYGATEHOTEL , LANTAU ISLIDI 0, 11-+Orq iotrliNG SAR, CHINA ONBOARD MEDIA OFFICE BUILDING MIAMI BEACH, FLORIDA ONE BRICKELL CITY CENTRE s MIAMI, FLORIDA, USA ONE MIAMI MIAMI, FLORIDA ONE ROCKWELL MANILA, PHILIPPINES ONEE-COMCENTER MANILA, PHILIPPINES ORCHARD SCOTTS HOTEL & RESIDENCES - SINGAPORE PACIFIC PLAZA TOWERS . — u-- PHILIPPINES PARAMOUNT BAY. MIAMI, FLORIDA PARQUE EL GOLF LIMA, PERU PHILIPS ARENA ATLANTA, GEORGIA PLAZA DEL SOL LIMA, PERU - PLUSTOWERS BEIRUT, LEBANON On City Clerk PORT CANAVERAL CRUISE -TERMINAL • PORT CANAVERAL, FLORIDA 0 PORTA NUOVA CONDOMINIUM • MILAN, ITALY PURDY AVENUE GARAGE & RETAIL MIAMI BEACH, FLORIDA QUEENS WEST - NEW YORK RAFFLES HOTEL & RESIDENCES MANILA, PHILIPPINES RANCHO SANTIAGO DIGITAL MEDIA & FILM SCHOOL • SANTA AN A. CALIFORNIA REGALIA CONDOMINIUM • SUNNY ISLES, FLORIDA RENAISSANCE HOTEL = ; Ar;IGFLUiG DISTRICT, SHANGHAI, CHINA REVEL RESORT +TLANTIC CITY, Non JERSEY RITZ-CARLTON RESORT & RESIDENCES FORT LAUDERDALE BEACH, FLORIDA ROCHE PHARMACEUTICALS OFFICE BUILDING • LIMA, PERU SAN JUAN CONVENTION & TRADE DISTRICT MASTER PLAN JUAN. PUERTO RICO SARASOTA HERALD -TRIBUNE HEADQUARTERS & SNN CHANNEL 6 TELEVISION STUDIO SARASOTA, FLORIDA SAVANNAH COLLEGE OF ART & DESIGN • ATLANTA, GEORGIA SHERATON CONVENTION HOTEL PHOENIX. ARJZONA SKY RISE MIAMI MIAMI, FLORIDA SLS BRICKELL HOTEL & RESIDENCES • SM BAY CITY DISTRICT MASTER PLAN • MANILA, PHILIPPINES SM CITY NORTH EDSAMALL EXTENSION & REFURBISHMENT MANILA, Ipl'IILIPPorIES SM MALL OF ASIA ARENA • MANILA, PHILIPPIN H SM MEGAMALL EXPANSION & RENOVATION MANILA, a-sii 1•Fl-'INEti SM XIAMEN MALL XIAMEN. SMARTCITY liCASOLI, MALTA SMX CONVENTION CENTER MANILA, PHILIPPINES SOUTH MIAMI-DADE CULTURAL ARTS CENTER +F i;• a FLORIDA STANDARD CHARTERED BANK HEADQUARTERS- MENARA SATRIO JAKARTA, INDONESIA SUN LIFE STADIUM MIAM), FLORIDA TAIKOO HUI GUANGZHOU, CHINA :^"^RTA.INDONESIA OVANEADQUARIERS• MIAMI BEACH, FLORIDA 1,1) n 1! t City Clerk THE ATLANTIS r.IIAMI, FLORIDA THE BRONX MUSEUM OF THE ARTS • FI EW YORK. NEV4 YORK THE COSMOPOLITAN OF LAS VEGAS LAS VEGAS, NEVADA THE GATE ABU DHAB1, UNITED ARAB EMIRATES THE GOLDEN MOON HOTEL & CASINO CHOCTAW, MISSISSIPPI THE HILTON BENTLEY BEACH HOTEL MIAMI BEACH, FLORIDA THE INFINITY CONDOMINIUM - SAN FRANCISCO, CALIFORNIA THE LAGOONS MASTERPLAN t UNITED ARAB EMIRATES THE LONGEMONT HOTEL & OFFICE TOWER SHANGHAI. CHINA THE PALACE CONDOMINIUM • ' 1 < ' FLORIDA THE PINK HOUSE • MIAMI, FLORIDA THE RITZ CARLTON RESIDENCES SUNNY ISLES BEACH, FL THE ROYAL PALM SOUTH BEACH HOTEL MIAMI BEACH. FLORIDA THE WESTIN LIMA HOTEL + CONVENTION CENTER • LIMA, PERU TORRE CIURLIZZA CONDOMINIUM PERU TOUR AIR' OFFICE TOWER ARIS, FR.ANCE TRINITY PLACE a:•[a r.CISCO, CALIFORNIA UNITED NATIONS PEACEKEEPERS MEMORIAL • NEW YORK, NEW YORK UNITED STATES EMBASSY ,. UNITED STATES FEDERAL COURTHOUSE FLORIDA UNIVERSITY OF MIAMI — STUDENT ACTIVITIES CENTER • CORAL GABLES, FLORIDA VELA TOWNHOMES EDGEWATER, NEW JERSEY' VISIONCREST CONDOMINIUM UNGAPORE W SQUARE RETAIL & OFFICES HONG KONG, CHINA WARNER MUSIC LATIN AMERICA • •MIAMI BEACH, FLORIDA WESTIN HOTEL TIMES SQUARE NEW YORK, NEW YORK WHIRLPOOL HEADQUARTERS• BENTON HARBOR, MICHIGAN WILLIAM MORRISAGENCY OFFICE BUILDING .I1IAMl BEACH, FLORIDA WILSHIRE VERMONT APARTMENTS & TRANSPORTATION CENTER LOS.ANGELES, CALIFORNIA WTORRE PLAZA + JK IGUATEMI MALL Submitted into the publ record it iteti(� � . \ t'— ,} -- 1� 1 city clerk YOUNG OAK K1M ACADEMY LOS ANGELES, CALIFORNIA Z OCEAN HOTEL - SOUTH BEACH • MIAMI BEACH, FLORIDA ZENDAI FORUM DEVELOPMENT SHANGHAI. C -I t ;- rubmittecl n to the public p., f r it ( City Clerk