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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #6401 Date: 08/21/2019 Commission Meeting Date: 10/24/2019 Type: Subject: Requesting Department: Department of Planning Sponsored By: District Impacted: All Resolution Ad Valorem Tax Exemption - Historic Property 528 SW 9th Avenue Purpose of Item: This resolution will grant an Ad Valorem Tax Exemption for Historic Properties, as per Chapter 23, Article II, to property owner Husa LH JF, LLC, for a property located at 528 Southwest 9 Avenue. Background of Item: The Historic and Environmental Preservation Board at its meeting on July 07, 2015 adopted Resolution No. HEPB-R-15-054 recommending approval of the ad valorem tax exemption for historic properties Part I. Subsequently, the Historic and Environmental Preservation Board at its meeting on June 04, 2019, adopted Resolution No. HEPB-R- 19-030 recommending denial of the ad valorem tax exemption for historic properties Part II. The HEPB is now requesting denial from the City Commission as required under Chapter 23, Article II of the City Code under Section 23-22(a) which states: The city commission shall grant or deny the tax exemption based on the recommendations of the board (HEPB). A vote of the commission shall be required to adopt a motion. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Item has NOT an Expenditure Total Fiscal Impact: $135,780 (ten years) Department of Planning Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Reviewed B Jessica Iturrey Fred Pericles Christopher M Rose Nzeribe Ihekwaba Nikolas Pascual Valentin J Alvarez Amber Ketterer Barnaby L. Min Victoria Mendez Todd B. Hannon Department Head Review Budget Analyst Review Budget Review Assistant City Manager City Manager Review Legislative Division Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 09/03/2019 11:09 AM 09/09/2019 10:44 AM 09/13/2019 2:33 PM 09/16/2019 1:07 PM 09/16/2019 2:19 PM 09/16/2019 6:38 PM 09/17/2019 12:42 PM 09/17/2019 1:04 PM 09/17/2019 4:59 PM 09/26/2019 9:00 AM City Commission Legislative Division Office of the Mayor Office of the City Clerk Office of the City Attorney Office of the City Attorney Office of the City Attorney Office of the City Clerk Maricarmen Lopez Valentin J Alvarez Mayor's Office City Clerk's Office Amber Ketterer Barnaby L. Min Victoria Mendez City Clerk's Office Meeting Legislative Division Review Unsigned by the Mayor Completed Completed Completed Signed and Attested by the City Clerk Completed ACA Review Completed Deputy Attorney Review Completed Approved Form and Correctness with Modification(s) Rendered Completed 10/24/2019 9:00 AM 10/24/2019 8:37 PM 11/04/2019 5:38 PM 11/04/2019 6:27 PM 11/07/2019 9:55 AM 11/07/2019 10:02 AM Completed 11/08/2019 4:25 PM City of Miami Legislation Resolution Enactment Number: R-19-0427 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6401 Final Action Date:10/24/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE HISTORIC AD VALOREM TAX EXEMPTION, BASED ON THE RECOMMENDATION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, FOR THE OWNER, HUSA LH JF, LLC, OF THE HISTORICALLY DESIGNATED PROPERTY LOCATED AT 528 SOUTHWEST 9 AVENUE, MIAMI, FLORIDA WITHIN THE RIVERSIDE HISTORIC DISTRICT. WHEREAS, Chapter 23, Article II of the Code of the City of Miami, Florida, as amended ("City Code"), authorizes the City Commission to grant tax exemptions to owners of historic properties within the City of Miami ("City") under specified conditions and for a period of up to ten (10) years; and WHEREAS, Husa LH JF, LLC ("Owner") owns the historic property located at 528 Southwest 9 Avenue, Miami, Florida, as more particularly described in the legal description attached and incorporated as Exhibit "A" ("Property"); and WHEREAS, the Owner has submitted an application for a tax exemption for the Property pursuant to Chapter 23, Article II of the City Code; and WHEREAS, the City's Preservation Officer, upon review of the application materials, determined that the Property complies with the requirements of the City Code and has recommended in his report, attached and incorporated as Exhibit "B," that the application be granted; and WHEREAS, on July 7, 2015, the Miami Historic and Environmental Preservation Board ("HEPB") adopted Resolution No. HEPB-R-15-054, attached and incorporated as Exhibit "C," which approved an application for an initial ad valorem tax exemption (Part I) for the Property in accordance with the City Code; and WHEREAS, on June 4, 2019, the HEPB adopted Resolution No. HEPB-R-19-030, attached and incorporated as Exhibit "D," which recommended a denial to the City Commission of the application for the ad valorem tax exemption (Part II) for the Property; and WHEREAS, the HEPB's determination of an ad valorem tax exemption (Part II) is only advisory to the City Commission who ultimately determines and decides whether the work done was in compliance with the renovation, restoration, or rehabilitation described in the preconstruction application, subsequent approved amendments, if any, and the Secretary of the Interior's standards for rehabilitation in accordance with the City Code; and WHEREAS, the City Commission has considered the report of the City's Preservation Officer, attached and incorporated as Exhibit "B," that recommended approval of the ad valorem tax exemption for the Property to the HEPB in preparation for the Agenda Item pertaining to Resolution No. HEPB-R-19-030; and WHEREAS, the City Commission considered all other information contained in the record of this hearing; and WHEREAS, the City Commission finds that this work was performed in accordance with the City Code and in such a manner that this Property is eligible for this tax exemption; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby approves the ad valorem tax exemption for the Property described herein pursuant to the Chapter 23/Article II of the City Code. Section 3. Any approval that is granted is conditioned on the execution by the owner of a covenant, in substantially the form attached as Exhibit "E," that shall be recorded by the City's Preservation Officer in the official records of Miami -Dade County, Florida, with the cost of such recording being paid by the Owner. Section 4. Any tax exemption granted herein shall remain in effect for ten (10) years. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 9/17/2019 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City.