HomeMy WebLinkAboutStaff AnalysisCity of Miami
Planning Department
Historic Preservation Division
ANALYSIS FOR SPECIAL
CERTIFICATE OF APPROVAL
APPLICANT: Ethan Wasserman, Greenberg Traurig FILE ID: PZ-19-3159
PROJECT ADDRESS: 2167 S Bayshore Dr ZIP: 33133
NET OFFICE: Coconut Grove HEARING DATE: 7/2/2019
COMMISSION DISTRICT: District 2 (Ken Russell)
STATUS: Individually Designated TDR ELIGIBLE: No
A. GENERAL INFORMATION:
REQUEST: Pursuant to Section 17-33 of the City Code of Ordinances, as amended, the Applicant
is requesting a Special Certificate of Approval for site improvements at a public parks and
recreation site located on a parcel zoned T3-R "Sub -Urban Transect Zone
The subject property is an individually designated site, known as Villa Woodbine. It is located in the
John T. Peacock Estate and the Coconut Grove Net Area. The site is approximately the third parcel
located on the northeast tercile of SW 22 AVE and South Bayshore Dr. (Complete legal description
is on file with Hearing Boards)
Folio: 0141150100111
Lot Size: Approximately 145,553 sq. ft.
B. BACKGROUND:
On September 12, 1974 the City of Miami passed Ordinance 8301 (Attachment "A"). The Ordinance
created a new section of Code allowing for the environmental preservation of areas with extensive
tree canopy, scenic routes, unique geological formations and other significant environmental
features; and providing for special review procedures and outlining a process for publicly identifying
and preserving environmentally significant sites or areas.
On April 11th, 1975 the City of Miami designated Environmental Preservation District — 60, which
contains 2167 S Bayshore Dr. (Attachment "B")
On November 17, 1976 the City of Miami passed Resolution 76-955. This Ordinance declared South
Bayshore Drive from Alatka Street to 27th Avenue in the Coconut Grove area of Miami as a scenic
transportation corridor (Attachment "C")
C. COMPREHENSIVE PLAN:
The subject property is located within Environmental Preservation District — 60, the South Bayshore
Drive Scenic Transportation Corridor, and the John T Peacock Subdivision. Pursuant to Goals NR-
1 and NR-1.3. of the Miami Neighborhood Comprehensive Plan, the City will maintain, preserve,
enhance and restore the quality of natural resources within the context of the city's urban
environment by reviewing development and redevelopment to determine any adverse impacts on
adjacent areas with significant native vegetative features.
The Applicant is requesting demolition, restoration, alteration, and new construction. The request is
found to not be in accordance with the Comprehensive Plan.
D. PHOTOGRAPHS:
Current Design
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Proposed Design:
WAIN
Landscape Plan:
SYMBOL LEGEND
Tree to Relocate
• Tree to Remain
• Tree to Remove
Q Tree to Remove (Prohibited Spades)
Fruit Tree to Remove
n Fruit Tree to Remain
0Tree protection zone
Silver Bluff Detail:
410
E. NEIGHBORHOOD CHARACTERISTICS:
ZONING
Subject Property
T3-R: Sub -Urban Transect Zone
NCD-3
Surrounding Properties
FUTURE LAND USE DESIGNATION
Single -Family Residential
Maximum of 9 D.U. per acre
NORTH: T3-R: Sub -Urban Transect Zone Single -Family Residential
NCD-3 Maximum of 9 D.U. per acre
SOUTH: T3-R: Sub -Urban Transect Zone Single -Family Residential
NCD-3 Maximum of 9 D.U. per acre
EAST: CS: Civic Space Zone Public Parks & Recreation
N/A
WEST: T3-R: Sub -Urban Transect Zone Single -Family Residential
NCD-3 Maximum of 9 D.U. per acre
F. ANALYSIS:
The following is a review of the request pursuant to Section17-33 of the City Code of Ordinances. The
General Information and Comprehensive Plan section of this report is hereby incorporated into the
analysis and its corresponding criteria by reference:
Analysis: The Applicant is proposing demolition, restoration, alteration, and new construction. The
subject property is located within Environmental Preservation District — 60 and the South
Bayshore Drive Scenic Transportation Corridor.
Environmental preservation districts are geographical areas, parcels or corridors, which
have been or may be identified, are established by the city commission as significant natural
or manmade attributes in need of preservation and control because of their educational,
economic, ecological and environmental importance to the welfare of the general public and
the city as a whole. Scenic transportation corridors are those roadways identified by city
commission resolution as having a unique landscape, an expansive tree canopy and/or
unique landscape features that is of substantial environmental or scenic importance to
residents and visitors. The subject property contains environmentally significant features.
The significant features of this property, protected by the Environmental Preservation District
and the Scenic Transportation Corridor, are the Historic Coral Rock Walls, the Silver Bluff,
and the trees.
As part of the Applicant's proposed plans they are requesting to remove one -hundred -and
thirteen (113) trees, alter the historic coral rock walls in multiple points on -site and cover the
Silver Bluff with a deck overlooking the proposed pool.
Historic Coral Rock Walls:
There are coral rock walls fronting S. Bayshore Drive and Tigertail Avenue. Sections of the
coral rock wall at the entrances will be dismantled and rebuilt to allow for the required
visibility triangles. This alteration can be supported by Staff as the alteration is minor and all
materials will be reused in the proposed design.
Two coral rock walls run through the site. A section of the southern wall will be demolished
to allow for access to the auditorium building. This proposal can be supported by Staff.
The application proposes the demolition of three sections of the northern coral rock wall.
Demolition of the easternmost section can be supported by Staff as this is required for
vehicular access to the drop-off point. Demolition of the remaining two sections appears to
be proposed to accommodate two projecting sections of the new main building. Coral rock
walls are a character defining feature of the site and should be protected and their removal
to accommodate a new structure cannot be supported. The proposed new main building
shall be redesigned to allow the retention of these two sections of the coral rock wall.
The demolition plan indicates that all coral rock removed from walls will be salvaged and
reused on -site.
Silver Bluff:
The Applicant is proposing to place a deck connecting from the proposed auditorium building
to the pool. The new deck is depicted as covering the Silver Bluff. The Applicant depicts a
cantilevered deck that is to cover the Silver Bluff so that the foundations do no disturb the
Silver Bluff.
Sec. 17-36 of the City Code of Ordinances, as amended, provides review standards for
development activity in environmental preservation districts. These standards state that
development should
1. Preserve the natural environmental character of all sites, insofar as practical, by
minimizing removal of trees or other significant environmental features.
2. Preserve or enhance existing topography and natural land features wherever
possible.
5. Maintain the continuity of landscape material and spacing characteristic of the
surrounding area or scenic corridor. If the development occurs along a designated
scenic corridor, the principal natural landscape or manmade elements which form
the visual boundaries or enclosing space of the corridor shall be preserved, insofar
as possible.
Staff finds that the proposed plan to cover the Silver Bluff would be in violation of Sec. 17-
36 of the City Code. The deck would obscure the Silver Bluff from view and thus would be a
detriment to the existing feature and the intent of the Environmental Preservation Districts
and Scenic Transportation Corridors.
Trees:
As seen on plan sheets L-01 and L-02, the applicant is proposing the removal of one -
hundred -and -thirteen (113) trees. Each of these meets the criteria to be considered a "Tree"
as defined within Sec. 17-2. Of these trees, fifty-two (52) are categorized as a "Prohibited
tree species" as defined within Sec.17-2, which must be removed from the site upon
development, as mandated by Sec 17-37(b). The remaining trees slated for removal are
either listed as being in poor condition, or are located within the footprint of the new
development. These reasons are in accordance with Sec. 17-34.
Of the proposed removals, twelve (12) meet the criteria to be considered a "Specimen tree",
as defined by Sec. 17-2. Excluding any hazardous trees, The Tree Preservation Ordinance,
Sec 17-34(b), imposes conditions that permit applicants must consider when developing a
site, as it relates to specimen trees
1. The applicant may be required to redesign the project to preserve specimen tree(s)
or any other tree determined by the historic and environmental preservation board
to be of substantial value due to its species, size, age, form and/or historical
significance, provide an alternative plan, when feasible, which shall include the
preservation of such tree(s) and design alterations within the scope and intent of the
initially proposed plan.
2. The applicant may be required to redesign the project to preserve specimen tree(s)
or any other tree determined by the historic and environmental preservation board
to be of substantial value due to its species, size, age, form and/or historical
significance, provide an alternative plan, when feasible, which shall include the
preservation of such tree(s) and design alterations within the scope and intent of the
initially proposed plan.
Staff finds that the plans do not provide any information regarding re -design efforts or
relocation efforts as it relates to any specimen tree proposed for removal. Additionally, there
are several specimen trees that the applicant would like to retain onsite in very close
proximity to significant construction activity, namely, trees number 460, 415, and 296.
Findings: Not Consistent
G. NEIGHBORHOOD SERVICES:
Code Compliance No Objection
Building No Objection
NET No Objection
Environmental Resources N/A
Art in Public Places No Objection
H. CONCLUSION:
The application has not demonstrated compliance with Chapter 17 entitled "Environmental
Preservation" of the City of Miami Code of Ordinances. Staff finds the request does not comply with
all applicable criteria and is found that the proposed site improvements do adversely affect the natural
environment and importance of the subject property.
RECOMMENDATION:
Pursuant to Section 23-6.2(4) and Section 23-6.2(h)(1) of the City of Miami Code of as amended and
the Secretary of Interior Standards, the Planning Department recommends continuance of the
Special Certificate of Approval.
Warren Adams
Historic Preservation Officer
Attachment "A"
ORDINANCE NO. 8301
AN ORDINANCE REPEALING CHAPTER 64, ENTITLED
"PROTECTION AND REMOV2:,L OF TREES" OF THE
CODE OF THE CITY OF MIAMI, FLORIDA AND •
ENACTING A NEW CHARTER 64 ENTITLED'ENVIRON-
MENTAL PRESERVATION"TO PROVIDE FOR THE
ENVIRONMENTAL PRESERVATION OF AREAS VITH
EXTENSIVE TREE CANOPY, SCENIC ROUTES, UNIQUE
GEOLOGICAL FORMATIONS AND OTHER SIGNIFICANT
ENVIRONMENTAL FEATURES; PROVIDING FOR SPECIAL
REVIEW PROCEDURES AND OUTLINING A PROCESS FOR
PUBLICLY IDENTIFYING AND PRESERVING ENVIRON-
MENTALLY SIGNIFICANT SITES OR AREAS; PROVIDING
THAT IF ANY SECTION, CLAUSE OR SUB -SECTION .
SHALL BE DECLARED UNCONSTITUTIONAL, IT SHALL
NOT AFFECT THE REMAINING PROVISIONS; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH.
WHEREAS, this ordinance was proposed by the Planning
Advisory Board of the City of Miami, Florida to update Chapter 54
of the City Code, entitled "PROTECTION AND REMOVAL OF TREES";.
and
WHEREAS, this ordinance will provide for the preservation
of areas with extensive tree canopy, scenic routes, unique
geological formations and other significant environmental features;
And
WHEREAS, this ordinance will provide for special review
procedures and outline a process .for publicly identifying and
preserving environmentally significant Sites or areas;
•
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. An ordinance entitled "ENVIRONMENTAL PRESERVATION
OF TREES," is hereby enacted to read as follows:
-1-
(b) To require the debign and construction of all development
activity be executed in manner consistent with the -
preservation of trees and other significant environ-
mental features to the greatest' extent possible.
(c) To provide guidelines and review procedures for controlling
development activity which may alter, destroy, or be detri-
mental to existing trees, significant environmental
.features and scenic areas.
(d)_ To provide the framework and legal mechanisth for publicly
identifying and preserving environmentally significant
areas or sites:
Section 64-3. Applicability of Chapter:
The terms"and provisions of this Chapter shall apply to real
property as follows:
(a) All vacant and undeveloped property.
(b) All property to be redeveloped.
(c) A11 property where there is to be any addition or
alteration.
(d) All public or private rights -of -way.
(e) The street yard areas of all properties developed with
. •single-family and two-family dwellings and the yard areas
of all other developed property.
(f) All property within a designated environmental preser-
vation district.
Section 64-4. Environmental Preservation Review Board:
(a) There is hereby established a Board, to be known as the
Environmental Preservation Review Board of the City of
-Miami, Florida. The Board shall consist of five (5)
members, to be appointed in the following manner:
(1) One (1) member shall be a registered landscape
architect appointed by the City Commission from a
list prepared by the Florida Chapter, American
Society of Landscape Architects.
(2) One (1) member shall be a nurseryman appointed by
the City Commission from a list prepared by the
Dade County Chapter, Florida Nurserymen and Growers
Association.
(3) One (1) member shall be a registered architect
appointed by the City Commission from a list
prepared by the South Florida Chapter, American
Institute of Architects.
OL-
(4) One (1) member shall be a member of ar..environmental
,organization such as, but not limited to, the Environ-
mental Quality Action Committee of the Greater -Miami
Chamber of Commerce, the Beautification Council of
South Dade, Friends of the Earth, the Sierra Club,
Survive, and Tropical hudubon Society; members shall
be appointed by the City Commission from lists
prepared by, but not limited to, the above -mentioned
organizations.
(5) One (1) member shall be a ].ay citizen who is interested
in environmental preservation, The member shall
be
appointed by the City Commission from lists prepared
by neighborhood organizations.
(6) Two alternate members sha1] be appointed and shall
be available at the request of the chairman to serve
on the Board in the absence of a regular member. An
alternate member shall have full rights of partici-
pation and voting when serving on the Board.
(b) RESPONSIBILITIES:
The Environmental Preservation Review Board with the
assistance of the Administrative Assistant shall.be
responsible for maintaining a record of unique environ-
mentally significant lands or sites within the City of
Miami. The Board shall serve as the quasi-rodi ialfoinstrument
$or granting or denying certificates of app
removal and development activity wi.thin.those areas
identified and established as Environmental
ofPreservation
Districts under the terms and p
(d)
.Members of the Board-sha.11 be appointed for a two-year
term. Allmembers steall serve without compensation.
The Board shall select from its members;a chairman to
:serve for.a one-year term.
(d)- -A11 decisions to approve an application .or to reverse a
decision. of the Administrative Assistant'regiire the
affirmative vete of four members. Four members shall
.constitute a quorum.
(e) The Board shall Meet at least once per month with
all meetings open•to the public. The.members of the
Board shall, adopt rules and procedures guiding the
conduct of the meetings and attendance policies.
(f) Processing.and recording of all forms,. applications;
And minutes shall be the responsibility of the Building
Department.
(g) Members and alternate members of the Environmental
Preservation Review Board may be removed for cause by
a vote of not less than three members of the City
Commission. Cause for removal may include excessive
absences.
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Section 64-6. ENVIRONMENTAL PRESERVATION DISTRICTS:
.Certain geographical areas or sites may be designated
as Environmental Preservation -Districts by action of
the City Commission recognizing the need for preserv-
ation and protection of such areas because of their
-education, economic, environmental or ecological
importance to the welfare of the general public and
the City of Miami. Environmental Preservation Districts
are intended to provide for preservation and protection
Of trees and other significant environmental -features
and to encourage,design and developmentactivity which
is sensitive. to the natural landscapecharacter of the
site. Sites with significant trees and landscape materials
may be selected aa;Envi.ronmental Preservation Distric:s
because they provide important environmental functions for
the welfare of the community which include the following:
Stabilizing the soil, preventing erosion and excessive
run-off; giving shade and cooling the land; providing
protection from forceful winds; using their leaf surfaces
to dilute gaseous pollutants and trap and filter out ash,
dust and .pollen in the air; absorbing a high percentage
'of carbon dioxide and returning oxygen to the air;
alleviating noise pollution; increasing the value of
Property and adding to the natural scenic beauty of
the City of Miami. All regulations and review procedures
provided for Environmental Preservation Districts are
intended to protect the significant environmental features
'against needless destruction and to present guidelines
which will lead to the continuance and enhancement of
those features, while at the same time recognizing
individual rights to develop property which is not
prejudicial to the public interest.
(b) The following natural or man-made environmental features
may be designated as Environmental Preservation Districts
when one or more such features are located in a geographical
area or lot.
(1) Clusters of trees with extensive tree canopy, natural
hammock areas and mangrove areas. Land areas which
include one or more clusters of trees which will
total 10,000 square feet of tree canopy may be
designated Environmental Preservation Districts.
Smaller areas or lots may also be designated as "
Environmental Preservation Districts if the site
contains at least one "specimen tree," which is
defined as a tree having substant,ia.1 educational,
economic and aesthetic value because of its size,
type, age, outstanding characteristics or other
professional criteria set forth by the State of
Florida Division of Forestry.
(2) Exposed geological formations such as natural rock
outcroppings; caves, sink -holes, and significant
natural topography of the Coastal Atlantic Ridge.
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Scenic transportationi corridors. Those roadway
areas which have a unique landscape character.,.
extensive tree canopy, and are.of substantial
environmental importance.to the residents of
Miami as well as to visitors. Dimensions and
extent of scenic transportation corridors shall
be determined for each specific area so designated
based upon an analysis of the corridor by qualified
professional staff of the appropriate City depart-
ments-. The boundaries of the Scenic transportation
corridors may be determined by the following:
a) the extent of roadway right-of-way area;-
b) all established yard areas fronting on the
transportation corridor;
c) significant natural features such as trees,
geological features which are not within the
right-of-way or street yard area, but are.of
value as a part of the scene;
d) principal natural landscape or.man-made
elements, which form, the visual boundary or,
enclosing space_ of the corridors
6) area from which there is a unique scenic
view or vista of historical'or,significant
structures or of water bodies such as the
Miami River or Biscayne Bay;
f) unique botanical features such as rare, exotic
and valuable trees or plant life or. examples
of excellent landscape design.
(c) PROCEDURE FOR DESIGNATION OF ENVIRONMENTAL PRESERVATION
DISTRICTS:
(1)
Areas or sites to be considered as Environmental
Preservation Districts may be recommended to the
Planning Advisory Board by private individuals and
organizations, all city departments, the Envirop-
mental Preservation Review Board and the City
Commission.
(2) All areas to be considered must be evaluated by
the Planning Advisory Board, with the appropriate
recommendations conveyed to the City Commission.
(3)
Notice to Property Owners. A letter or invitation •
shall be delivered to the owners of all property
within the boundaries of the proposed Environmental
Preservation District, with a full explanation of
the reasons for the environmental significance of
the property, the effect of the proposed classifi-
cation and the process by which Environmental
- B -
Attachment "6"
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MEA
4/11/75
RESOLUTION NO. 75-370
A RESOLUTION APPROVING THE APPLICATION OF
ENVIRONMENTAL PRESERVATION DISTRICTS TO
SPECIFIC PARCELS OF LAND WITHIN AN AREA OF
THE CITY OF MIAMI BEGINNING AT BISCAYNE BAY
AND S.W. 27TH AVENUE EXTENDED, NORTH ON S.W.
27TH AVENUE TO BIRD ROAD, WEST ON BIRD ROAD
TO WEST CITY LIMITS, NORTHERLY ALONG WEST CITY
LIMITS TO S.W. 22ND STREET (CORAL WAY), EAST
ON S.W. 22ND STREET TO S.W. 32ND ROAD, SOUTH-
EASTERLY ON S.W. 32ND ROAD TO SOUTH DIXIE
HIGHWAY, EASTERLY ON SOUTH DIXIE HIGHWAY TO
S.W. 26TH ROAD, SOUTHEASTERLY ON S.W. 26TH
ROAD TO BISCAYNE BAY, SOUTHWESTERLY ALONG THE
BAY TO S.W. 27TH AVENUE EXTENDED, AS PER
EXHIBITS "A", "B", "C", "D" AND "E" ATTACHED
HERETO AND MADE A PART HEREOF ALL IN ACCORDANCE
WITH ORDINANCE NO. 8301; AUTHORIZING AND
DIRECTING THE BUILDING DIRECTOR TO MAKE THE
APPROPRIATE DESIGNATIONS ON THE OFFICIAL MAP
MAINTAINED BY THE BUILDING DEPARTMENT.
WHEREAS, the Miami Planning Advisory Board, at its
meeting of November 20, 1974, Item No. 3, following an
advertised hearing, adopted Resolution No. PAB 52-74 by a
5 to 2 vote recommending the application of Environmental
Preservation districts as hereinafter set forth; and
WHEREAS, the Commission has reviewed the recommenda-
tions of the Planning Advisory Board and finds that in
accordance with the provisions of Ordinance No. 8301 certain
parcels of land should become environmental preservation districts;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The application of environmental
preservation districts to specific parcels of land within an
area of the City of Miami beginning at Biscayne Bay and S.W. 27th
Avenue extended, north on S.W. 27th Avenue to Bird Road, west
on Bird Road to West City Limits, northerly along West City
Limits to S.W. 22nd Street (Coral Way), east on S.W. 22nd Street
to S.W. 32nd Road, southeasterly on S.W. 32nd Road to South
Dixie Highway, easterly on South Dixie Highway to S,W, 26th
36
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4 Road, southeasterly on S.W. 26th Road to Biscayne Day,
5 southwesterly along the Bay to S.W. 27th Avenue extended, as
6 per Exhibits "A", "B", "C", "D", and "E" attached hereto and
7 made a part hereof all in accordance with Ordinance No. 8301,
8 be and the same is hereby approved.
9
10 authorized and directed to make the appropriate designations
11 on the official map maintained by the Building Department.
12 PASSED AND ADOPTED this 22. day of ,?PRIL
Section 2. The Building Director is hereby
13 1975.
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18-ATTESTi
19 1, 1,SOITiE )
CITY
LERK
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l ,d .
22 MICHEL E. ANDERSON
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PREPARED AND APPROVED BY:
Assistant City Attorney
'-r1IlfTCF 11. FFRRF
APPROVED AS TO FORM AND CORRECTNESS:
k-
HN S. LLOYD
City Attorney
MAYOR
"DOCUMENT INDEX
ITEM NO.... °...
2.
CITY COMMISSION
MEETING OF
APR 221975
RESOLu1IUN NOS % - _) !1U
REMARKS:
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Attachment "C"
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MEA
9/27/76
RESOLUTION NO.
76-955
A RESOLUTION DECLARING SOUTH BAYSHORE DRIVE
FROM ALATKA STREET TO S.W. 27 AVENUE IN THE
COCONUT GROVE AREA OF MIAMI AS A SCENIC
TRANSPORTATION CORRIDOR (THEREBY BECOMING AN
ENVIRONMENTAL PRESERVATION DISTRICT) AS PER
CHAPTER 64 OF THE MIAMI CITY CODE, AND DIRECT-
ING THE PROPER OFFICIAL OF THE BUILDING DEPART-
MENT TO INCLUDE SAID PROPERTY ON THE OFFICIAL
MAP MAINTAINED BY THE BUILDING DEPARTMENT
DELINEATING ENVIRONMENTAL PRESERVATION DISTRICTS.
WHEREAS, the Miami Planning Advisory Board at its
Meeting of September 15, 1976, Item No. 1, following an advertised
hearing, adopted Resolution No. PAB 24-76 by a 3 to 3 vote
(2 members absent) (a tie vote constitutes a denial) recommended
denial of the consideration of designation of the property
hereinafter set forth as a scenic transportation corridor; and
WHEREAS, notwithstanding the recommendation of the
Planning Advisory Board, the Commission, after careful
consideration and due deliberation finds that the property as
hereinafter described meets the criteria of a scenic transportation
corridor as provided in Chapter 64-6 (b)(3) of the City of Miami
Code;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. South Bayshore Drive from Alatka Street to
S.W. 27 AVENUE in the Coconut Grove area of Miami is hereby
designated as a scenic transportation corridor (thereby
becoming an Environmental Preservation District) as per Chapter
64 of the Miami City Code.
Section 2. The proper official of the Building
Department be, and he is hereby directed to include said
property on the official map maintained by the Building Department
delineating Environmental Preservation Districts.
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•
PAAgbb ANb AbOPTED this 27 day et OCTOttR
1976,
MAURICE A, ER
MAY MAYOR
MICHEL E. ANDERSON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
0-iii`C-L)Ni\k /IL-3'1)
FRANK H. WESTON
ACTING CITY ATTORNEY
2.
L