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Home My WebLink AboutHEPB (5524) ResolutionCity of Miami HEPB Resolution Enactment Number: HEPB-R-19-012 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5524 Final Action Date:3/5/2019 A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, PURSUANT TO SEC. 23-6.2(4) OF THE CITY CODE OF ORDINANCES, DENYING AN APPLICATION FOR AN AFTER -THE -FACT SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE PAINTING OF MURALS ON A NON-CONTRIBUTING PROPERTY, LOCATED AT APPROXIMATELY 6789 BISCAYNE BOULEVARD, MIAMI, FLORIDA, 33138, WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD HISTORIC DISTRICT; FURTHER, INCORPORATING BY REFERENCE THE FINDINGS IN THE STAFF ANALYSIS ATTACHED HEREIN AS "EXHIBIT A". THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION WITHIN FIFTEEN (15) DAYS. Preservation Officer Date STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority, Wirer Adel MS Preservation Officer of the City of Miami, Florida, and acknowledges that s/he executed the foregoing,,yResolution. SWORN AND SUBSCRIBED BEFORE ME THIS 2l '-DAY OF NIG1Y, 2019 Stivia eVnrial.e2 Print Notary Name v v Nota Pu is State of Florida Personally know or Produced I.D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath SILVIAGONZALEZ ,. ' MY COMMISSION # GG 051561 EXPIRES: November 30, 2020 V;o arti,.•` Bonded Thru Notary Public Underwriters City of Miami Page 1 of 1 File ID: 5524 (Revision:) Printed On: 3/26/2019 ANALYSIS FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS APPLICANT: Joey Cancel PROJECT ADDRESS: 6789 Biscayne Blvd. NET OFFICE: Upper Eastside COMMISSION DISTRICT: District 5 (Kean Hardemon) PROJECT NO: PZ-19-653 ZIP: 33138 ' HEARING DATE: 3/5/2019 STATUS: Non-contributing A. GENERAL INFORMATION: REQUEST: Pursuant to Section 23-62(b)(4) of the City Code of Ordinances, as amended, the Applicant is requesting an after -the -fact Special Certificate of Appropriateness to allow for the painting of murals on a parcel zoned T5-0 "Urban Transect Zone" and T3-L "Sub -Urban Transect Zone". The subject property is a non-contributing structure located within the South Elmira Subdivision and the Upper Eastside Net Area. The site is located on the southeast corner of Biscayne Boulevard and NE 68 Street (complete legal description is on file with Hearing Boards), Folio: 0132180090010 Lot Size: Approximately 22,116 sq. ft. B. BACKGROUND: On June 6, 2006, the Historic and Environmental Preservation Board, pursuant to Ordinance No. HEPB-2006-59, designated the subject property located at 6789 Biscayne Boulevard, as part of the MiMo/BiBo Historic District. C, COMPREHENSIVE PLAN: The subject property is a non-contributing structure within the MiMo/Biscayne Boulevard Historic District constructed in 2009. Pursuant to Goal LU-2, 2.3 and 2.4 of the Miami Neighborhood Comprehensive Plan the City will preserve and protect the heritage of the City of Miami through the identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of Miami's historic and archeological resources. W. Adams 2/1412019 6789 Biscayne Blvd, Project No. PZ-19-653 Page 1 of 5 The Applicant's request for an after -the -fact approval for the painting of murals on a commercial parcel is in accordance with the Comprehensive Plan, Chapter 23 of the City of Miami Code of Ordinances, the Secretary of Interior Standards, and the Preservation Office Historic Design Guidelines, D. SUBJECT PRIOR TO PAINTING: FRONT MURAL: W. Adams 2/14/2019 6789 Biscayne Blvd. Project No. PZ-19-653 Page 2 of 5 REAR MURAL: E. NEIGHBORHOOD CHARACTERISTICS: ZONING Subject Property T5-0; Urban Transect Zone (MiMo/BiBo Historic District) T3-1.; Sub -Urban Transect Zone (MiMo/BiBo Historic District) Surrounding Properties NORTH: T5-0; Urban Transect Zone T3-L; Sub -Urban Transect Zone (MiMo & Bayside Historic Districts) SOUTH: T5-0, Urban Transect Zone T3-L; Sub -Urban Transect Zone (MiMo Historic District) EAST: T3-L; Sub -Urban Transect Zone (Bayside Historic District) W. Adams 2114/2019 FUTURE LAND USE DESIGNATION Commercial Maximum of 65 D.U, per acre Single Family Residential District Maximum of 9 D.U, per acre Commercial Maximum of 65 D.U. per acre Single Family Residential District Maximum of 9 D.U. per acre Commercial Maximum of 65 D.U. per acre Single Family Residential District Maximum of 9 D.U. per acre Single Family Residential District Maximum of 9 D.U. per acre 6789 Biscayne Blvd. Project No. PZ-19-653 Page 3 of 5 WEST: T5-O; Urban Transect Zone Commercial (MiMo Historic District) Maximum of 65 D.U. per acre F. ANALYSIS: The following is a review of the request pursuant to 23-6,2(b)(4) of the City Code of Ordinances, the Preservation Office Historic Design Guidelines, and the Secretary of the Interior's Standards, Analysis: On December 27, 2018, the Preservation Office received several emails and telephone calls informing staff that a mural depicting the Puerto Rican flag was being painted on the north and west elevations of the three-story structure located on the southeast corner of Biscayne Boulevard and NE 68 Street. A Certificate of Appropriateness had not been issued for these alterations. A Code Compliance Officer informed the applicant that a COA was required for painting and a violation for not having a COA was issued; however, the work continued and the mural, which includes the artist's signature, was completed. It was also brought to the attention of Staff that a smaller mural had been painted on the east elevation. Although this mural is to the rear of the building, it is visible from the right-of-way, W. Adams 2/14/2019 Section 23-6,2(h)(1) of the City of Miami Code of Ordinances states: "Generally, for applications relating to alterations or new construction as required in subsection (a) the proposed work shall not adversely affect the historic, architectural, or aesthetic character of the subject structure or the relationship and congruity between the subject structure and its neighboring structures and surroundings, including but not limited to form, spacing, height, yards, materials, color, or rhythm and pattern of window and door openings in building facades; nor shall the proposed work adversely affect the special character or special historic, architectural or aesthetic interest or value of the overall historic site, historic district, or multiple property designation. Except where special standards and guidelines have been specified in the designation of a particular historic resource, historic district, or multiple property designation, or where the board has subsequently adopted additional standards and guidelines for a particular designated historic resource, historic district, or multiple property designation, decisions relating to alterations or new construction shall be guided by the U.S. Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings". Special standards and guidelines adopted in the City of Miami are: 1. The Historic Design Guidelines which state: "Artistic murals or patterns are not allowed and require HEPB approval'. "Exterior paint colors should highlight the architectural features on a structure, but not detract from them, Appropriate paint colors shall be chosen for a facade based on its architectural style and historic context A successful paint scheme enhances the look of a structure, however when inappropriate colors are applied it can be detrimental to the architecture", 6789 Biscayne Blvd. Project No. PZ-19-653 Page 4 of 5 "Dark colors and bright hues are NOT allowed on structures, 2. The MiMo/Biscayne Boulevard Historic District Design Guidelines that include a selection of forty-four suggested color palettes approved by the HEPB on March 2, 2009 to provide possible color combinations that would be appropriate for the MiMo/BiBo Historic District. The murals do not comply with the above as, firstly, no HEPB approval for the artistic murals or patterns has been obtained as the work was undertaken without the submission of a COA application. Secondly, the paint colors and patterns, especially on the west and east facades do not highlight the architectural features but actually obscure and detract from them. Thirdly, the colors chosen for the murals are not consistent with the prevailing paint schemes within the historic district as they are not from the pre -approved color palette. Findings: Not Consistent G. NEIGHBORHOOD SERVICES: Code Compliance Required Building Required NET Required H. CONCLUSION: The application has not demonstrated compliance with Chapter 23 entitled 'Historic Preservation" of the City of Miami Code of Ordinances and the Secretary of the Interior's Standards, Staff finds the request does not comply with all applicable criteria and finds that the request for an after -the -fact Special Certificate of Appropriateness for the painting of murals does adversely affect the historic, architectural, or aesthetic character of the subject structure and the aesthetic interest or value of the historic district. I. RECOMMENDATION: Pursuant to Section 23-62(b)(4) of the City of Miami Code of Ordinances, as amended, and the Secretary of Interior Standards, the Preservation Office recommends denial of the after -the -fact Special Certificate of Appropriateness, If the application is denied, the Board may consider making a recommendation that the building be painted in a paint scheme chosen from the pre -approved color palette or, the applicant, while working with Staff and the MiMo Biscayne Association, may consider painting the building white and installing neon artwork depicting the Puerto Rican flag. W. Adams 2/14/2019 Warren Adams Preservation Officer 6789 Biscayne Blvd. Project No. PZ-19-653 Page 5 of 5