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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 6981 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY THE CONVENT OF THE SACRED HEART OF MIAMI, INC. AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL PURSUANT TO CHAPTER 17, ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROVAL FOR DEVELOPMENTAL IMPACT TO SIGNIFICANT ENVIRONMENTAL FEATURES ON A PROPERTY LOCATED AT APPROXIMATELY 2167 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, WITHIN THE ENVIRONMENTAL PRESERVATION DISTRICT— 60 AND THE SOUTH BAYSHORE DRIVE SCENIC TRANSPORTATION CORRIDOR. LOCATION(S): 2167 S. Bayshore Dr. [Commissioner Ken Russell — District 2] APPLICANT(S): Ethan Wasserman, Esq., on behalf of the Convent of the Sacred Heart of Miami, Inc. APPELLANT(S): Ethan Wasserman, Esq., on behalf of the Convent of the Sacred Heart of Miami, Inc. PURPOSE: Appellant requests the City Commission reverse the HEPB decision. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Motion to approve on December 3, 2019 resulted in a tie vote of four to four (4-4). City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6981 Final Action Date:9/23/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY THE CONVENT OF THE SACRED HEART OF MIAMI, INC. AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL PURSUANT TO CHAPTER 17, ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROVAL FOR DEVELOPMENTAL IMPACT TO SIGNIFICANT ENVIRONMENTAL FEATURES ON A PROPERTY LOCATED AT APPROXIMATELY 2167 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, WITHIN THE ENVIRONMENTAL PRESERVATION DISTRICT— 60 AND THE SOUTH BAYSHORE DRIVE SCENIC TRANSPORTATION CORRIDOR. WHEREAS, the Convent of the Sacred Heart of Miami, Inc. ("Applicant")1 applied for a Special Certificate of Approval for developmental impact to significant environmental features ("Application") on a property located at approximately 2167 South Bayshore Drive, Miami, Florida ("Property"), within the Environmental Preservation District — 60 and the South Bayshore Drive Scenic Transportation Corridor, pursuant to Chapter 17, Article II, Section 17-33 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, on December 3, 2019, the Historic and Environmental Preservation Board ("HEPB"), at a duly noticed public hearing, considered the Application, Item No. HEPB. 2, pursuant to Chapter 17, Article II, Section 17-33, of the City Code for a Special Certificate of Approval for developmental impact to significant environmental features on the Property, within the Environmental Preservation District — 60 and the South Bayshore Drive Scenic Transportation Corridor; and WHEREAS, at the conclusion of the evidence, there was a motion to approve the Application which resulted in a tie vote of four to four (4-4) of the HEPB members, constituting a denial pursuant to the HEPB Official Rules of Procedure and resulting in Resolution No. HEPB- R-19-061; and WHEREAS, on December 13, 2019, the Applicant appealed the HEPB's decision to the City Commission pursuant to Chapter 17, Article II, Section 17-40 of the City Code; and WHERAS, the Appellant's appeal alleges that the HEPB's decision was not based on substantial competent evidence and the decision fails to follow the essential requirements of the law; and According to the Letter of Intent, the Applicant is under contract to purchase the Property from Coconut Grove Holdings, Inc. WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, there is competent substantial evidence in the record to reverse/affirm/modify the decision of the HEPB denying the Application; and WHEREAS, for the reasons stated on the record and at the public hearing, the City Commission grants/denies the appeal and reverses/affirms/modifies Resolution No. HEPB-R- 19-061 as it pertains to the appeal of the Application for the Property; 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 grants/denies the appeal and reverses/affirms/modifies the decision of the HEPB as set forth in Resolution No. HEPB-R-19-061 and denies/grants the Application. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. 2 APPROVED AS TO FORM AND CORRECTNESS: 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.