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Home My WebLink AboutSubmittal-Vice Chair Russell-Legal Opinion regarding Villa WoodbineSubmitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Warren Adams, Historic Preservation Officer, Planning Department FROM: Amber L. Ketterer, Assistant City Attorney y/ALK DATE: June 24, 2020 RE: Villa Woodbine, 2167 S. Bayshore Dr. Matter ID No. 20-1269 You have asked for an informal legal memorandum on substantially the following issue: Does the language in Section 2 of Ordinance No. 10494 and/or Section 2 of Ordinance No. 11876 contain required review criteria for current the Special Certificate of Appropriateness and Special Certificate of Approval applications for the site located at approximately 2167 South Bayshore Drive ("Property")? Brief Answer No, the language is Section 2 of Ordinance No. 10494 and Section 2 of Ordinance No. 11876 does not contain review criteria for the current Special Certificate of Appropriateness and Special Certificate of Approval applications for the Property. IL Facts In 1988, the City Commission adopted Ordinance No. 10494, attached and incorporated, which amended the Zoning Atlas of Ordinance 9500 by applying the HC-1: General Use Heritage Conservation Overlay District to Villa Woodbine, 2167 S. Bayshore Dr. ("Property"). In 1999, the City Commission adopted Ordinance No. 11876, attached and incorporated, which amended the Zoning Atlas of Ordinance 11000 by adding the Historic Preservation Overlay District to the Property. Ordinance 9500 and Ordinance 11000 are the previous zoning codes of the City of Miami ("City"). In addition, it appears that the property owner applied in 2001, under Ordinance 13114, the current Zoning Ordinance of the City ("Miami 21 Code") to for a Certificate of Appropriateness and conditional use for a private club. On December 3, 2019, the Historic and Environmental Preservation Board ("HEPB") denied a Special Certificate of Appropriateness for alterations and new construction and denied a Special Certificate of Approval developmental impact to significant environmental features on the Property as it is located within an Environmental Preservation District. Both HEPB decisions are currently under appeal. Neighbors have raised the above -referenced ordinances. III. Discussion Section 2 in both of the above -referenced Ordinances states that "[i]t is hereby found that this zoning classification change..." Emphasis added. What follows below that language are findings Page 1 of 2 Doc. No.: 1355299 6981 6982,› Submittal -Vice Chair Russell -Legal Opinion regarding Villa Woodbine Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk made for those specific development approvals, for example, that the approval is in conformity with the Miami Comprehensive Neighborhood Plan, is not contrary to the established land use pattern, will not create an isolated district unrelated to adjacent and nearby districts, etc. The findings were merely stated on the face of the development order to indicate that criteria was considered and the approval met them. They do not constitute review criteria for subsequent development applications. IV. Conclusion According to the plain language contained in Section 2 of Ordinance No. 10494 and Section 2 of Ordinance No. 11876, the statements contained therein are findings that the City made when approving those ordinances, not conditions or review criteria that are currently applicable to the Property and development thereof. The language contained in those Sections are not review criteria for the current Special Certificate of Appropriateness and Special Certificate of Approval applications for the Property. This informal legal memorandum is strictly limited to the facts contained herein, and the request for legal counsel on the express question posed. It shall not be construed as a general pronouncement. Page 2 of 2 Doc. No.: 1355299 J-88-461 5/24/88 Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk ORDINANCE NO. 10494 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY APPLYING THE HC-1: GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO VILLA WOODBINE, LOCATED AT APPROXIMATELY 2167 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 45 OF SAID ZONING ATLAS. WHEREAS, the Miami Planning Advisory Board, at its meeting of May 4, 1988, Item No. 1, following an advertised public hearing, adopted Resolution No. PAB 29-88, by a 9 to 0 vote, RECOMMENDING APPROVAL of the request to amend the Zoning Atlas as hereinafter set forth; and WHEREAS, the Miami Heritage Conservation Board, at its meeting of April 19, 1988, following an advertised public hearing, approved by a vote of 6-0, the herein historical designation; and WHEREAS, the City Commission, after 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 amend the Zoning Atlas as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Zoning Atlas of Ordinance No. 9500, the Zoning Ordinance of the City of Miami, Florida, as amended, is hereby amended by applying the HC-1: General Use Heritage Conservation Overlay District to Villa Woodbine, which is located at approximately 2167 South Bayshore Drive, Miami, Florida, and more particularly described as Lot 25 less the westerly 100 feet lying northerly of Lot 0 and less TAYVIA SUB (Plat Book 66 at Page 130 of the Public Records of Dade County, Florida) and easterly 25 feet of Lot 0, and the southwesterly 40 feet of the northeasterly 65 feet of the southeasterly 130.5 feet of the northwesterly 235 feet of Lot 0, all lying northwesterly of South Bayshore Drive of the JOHN T. PEACOCK ESTATE, as shown in Plat Book 2 at Page 12 of the Public Records of Dade County, Florida. 10491 classification change: (a) Is in conformity with the adopted Miami 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; (e) Will not materially alter the population density pattern or increase or overtax the load on public facilities such as schools, utilities, streets, etc.; Will not adversely influence living conditions in the neighborhood; (g) Will not create or excessively increase traffic congestion or otherwise affect public safety; Will not create a drainage problem; Will not seriously reduce light and air to adjacent area; Will not adversely affect property values in the adjacent area; Will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; and (1) Will not constitute a grant of special privilege to an individual owner as contrasted with protection of the public welfare. Section 3. It is hereby found that the subject property is eligible for this historic designation under criteria 3, 5, 6, 7, 9 and 10, as set forth in Section 1604.1 of Article 16 of Ordinance No. 9500, the Zoning Ordinance of the City of Miami, Florida. Section 4. Page No. 45 of the Zoning Atlas, incorporated in said ordinance by reference and description in Article 3, Section 2. Submitted into the public record for item(s) PZ.8 and PZ.9, on,06-25-2020, City Clerk It is hereby found that this zoning (f) (h) (i) (j) (k) -2- 10494 Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk Section 300 thereof, is hereby amended to reflect the herein zoning changes. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 6. If any section, part of section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. PASSED ON FIRST READING BY TITLE ONLY this 27th day of September , 1988. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of October , 1988. ATTEST: MATTY `1 " I X IER L. SUAREZ CITY CLERK YOR PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: ,.1. g x_ '1JOEL E. MAXWELL ASSISTANT CITY ATTORNEY JEM/db/M323 JO'GE L. FERNANDEZ CI Y ATTORNE -3- 1.0494. APPLICANT PETITION REQUEST BACKGROUND Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk PLANNING FACT SHEET ,City of Miami Planning Department: April 6, 1988 1. Villa Woodbine, Approximately 2167 South Uayshore Drive Lot 25 less the westerly 100 feet lying northerly of Lot 0 and less TAYVIA SUB (PB 66-130), and easterly 25 feet of Lot 0, and the southwesterly 40 feet of the northeasterly 65 feet of the southeasterly 130.5 feet of the northwesterly 235 feet of Lot 0; all lying northwesterly, of South Bayshore Drive. JOHN T. PEACOCK ESTATE (2-12) P.R.D.C. Consideration of recommendations concerning an amendment to the Official Zoning Atlas of Ordinance 9500, Zoning Ordinance of the City of Miami, Florida, to apply Section 1610. HC-1: General. Use Heritage Conservation Overlay District to Villa Woodbine, 2167 South Bayshore Drive, as described in the designation report, and retaining the underlying zoning district. To apply the HC-1 overlay to this historic site, as described in the designation report. Villa Woodbine is one of the few intact historic estates that remains along South Bayshore Drive between S.W. 17th Avenue and Aviation Avenue. The majority of estates have been subdivided and/or their historic houses have been destroyed. Villa Woodbine is currently for sale and is subject to intense development pressure. Although the property for sale also includes two additional lots that flank the historic house, the constraints on the development of the site are great because of its configuration. PAB 5/4/88 Item #1 Page 1 1Q494_' ANALYSIS RECOMMENDATIONS HERITAGE CONSERVATION BOARD _ PLANNING DEPT. PLANNING ADVISORY BOARD CITY COMMISSION Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk Villa Woodbine is eligible for designation under criteria 3, 5, 6, 7, 9 and 10, as set forth in Section 1604.1 of Article 16 of Ordinance 9500. Because of its historic significance, every attempt should be made to preserve Villa Woodbine, its unobstructed view to South Bayshore Drive, its limestone bluff, and the major trees on the site, while allowing sensitive development at the rear of the property and on adjoining lots. The City should work closely with a potential buyer to explore every alternative for appropriate development under the Zoning Ordinance. An HC-1 zoning overlay district will maintain the existing zoning, requiring only the review of physical changes to the property. Approved by a 6=0 vote at the meeting of. April 19, 1988. Approval. At its meeting of May 4, 1988, the Planning Advisory Board adopted Res. PAB 29-88, by a 9 to 0 vote, recommending approval of the above. One opponent and 21 proponents were present at this meeting. Eight replies in favorand one objection were received by mail. At its meeting of June 23, 1988, the City Commission deferred the above for 90 days. At its meeting of September 27, 1988, the City Commission passed the above on First Reading. 10494 ' PAB 5/4/88 Item #1 Pace 2 'i Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk PAB 4 May 88 10494 ' AS - 45 Item #1 Approx. 2167 S. Bayshore Dr. AP-K-25 (Villa Woodbine) \ yi Ks PAB 4 May 88 AS - 45 Item #1 Aeorox. 2167 S. Bayshore Dr. AP-K-25 nUVUD.ilic- Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk Coconut Grove Park Inc. % John Scurtis P. 0. Box 331428 Miami, FL 33233-1428 Mr. Sergio Rodriguez, Director City of Miami Planning Department P. 0. Box 330708 Miami, FL 33233-0708 RE: Villa Woodbine 2167 S. Bayshore Drive Dear Mr. Rodriguez: I am the owner of the property listed above, and I am aware that the City of Miami Planning Department has recommended that this property receive local historic designation pursuant to Article 16 of City of Miami Zoning Ordinance 9500, amended. I approve of the designation of my property as a historic site. I do not approve of the designation of my property as a historic site. ,S•i'gnature of ?T pLrty Owner /7- ./"" J Date 10494 ' Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk VILLA WOODBINE 2167 SOUTH BAYSHORE DRIVE Designation Report • City of Miami 10494' Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk REPORT OF THE CITY OF MIAMI PLANNING DEPARTMENT TO THE HERITAGE CONSERVATION BOARD ON THE POTENTIAL DESIGNATION OF VILLA WOODBINE 2167 SOUTH BAYSHORE DRIVE AS A HERITAGE CONSERVATION ZONING DISTRICT Prepared by Accepted by Historic Preservation Planner n airman, •er age Conservation Board Designated by the Miami City Commission Ordinance No. Date 3 ,i,-f �� e Date 10494 .. Submitted into the public "record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk CONTENTS Page I. General Information 1 II. Significance 4 III. Historical Information 6 IV. Architectural Information 7 V. Planning Context 10 VI. HC Zoning Elements 11 VII. Bibliography 12 10494 1 GENERAL INFORMATION Historic Name: Villa Woodbine Current Name: Villa Woodbine Location: 2167 S. Bayshore Drive Miami, Florida 33133 Present Owner: William A. Siekman 940 E. College Avenue Appleton, Wisconsin 54911 Present Occupant: Unknown Present Use: Residential Present Zoning bistrict: RS-1.1/1; SPI-3 HC Zoning Overlay District: HC-1 Tax Folio Number: 01-4115-010-0111 Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk 10494' 1/ Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk Boundary Description of HC Zoning District: Lot 25 less the westerly 100 feet lying northerly of Lot 0 and less TAVIA SUB (PB 66-130), and the easterly 25 feet of Lot 0, and the southwesterly 40 feet of the northeasterly 65 feet of the southeasterly 130.5 feet of the northwesterly 235 feet of Lot 0, all lying northwesterly of S. Bayshore Drive, of the plat of JOHN T. PEACOCK ESTATE, as recorded in Plat Book 2 at Page 12 of the Public Records of Dade County, Florida. HC Zoning Classification: Historic Site Dade County Historic Survey Rating: Architectural Significance - 1 Historical Significance - 3 Contextual Significance - 1 -2- 10494 ' _VILL _WOODBINE..... 2167 SOUTH BAYSHORE DRIVE Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk site plan 10494 t3 - 3- Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk II. STATEMENT OF SIGNIFICANCE Villa Woodbine is significant as an outstanding example of Mediterranean Revival style architecture and is noted for its design, details, materials, and craftsmanship. Designed by one of Miami's most prominent early architect, Villa Woodbine is a visual landmark in Coconut Grove. Villa Woodbine is also significant as a reflection of the development trends in Coconut Grove during the early twentieth century. Villa Woodbine was designed by Walter DeGarmo, said to be the first registered architect in the State of Florida. DeGarmo came to Miami in 1904 and designed many of the early public buildings in Miami, Miami Beach, and Coral Gables. He is best known, however, for his residential architecture. DeGarmo worked primarily in the Mediterranean Revival style, adapting each house to its surroundings and the local climate. DeGarmo continued to design in that style into the 1930's, and Villa Woodbine is an outstanding example of his work from that period. The fine detail and craftsmanship of the house are particularly evident in its arched opening details, wrought iron grille work, and decorative detailing. The building's central courtyard design, wide overhangs, and tall openings represent a significant residential adaptation to the area's climate, while the symmetrical composition and location on the bluff reflect the formal character of the site. Villa Woodbine also reflects the development trends of Coconut Grove during the first three decades of the twentieth century when wealthy industrialists from the northeast and midwest purchased large tracts of land along Biscayne Bay and built winter homes there. Traces of that era, when large estates lines the bluff along S. Bayshore Drive, has almost disappeared. Villa Woodbine is therefore an important reminder of that, period in the City's history. Villa Woodbine's location on the limestone bluff that follows Biscayne Bay is an area of archeological sensitivity. Both the Ih ian and early settlers favored this natural feature because of its location near the sea and its protected elevation. The site is therefore likely to yield information important in prehistory and history. Relationship to Criteria for Designation: Villa Woodbine is eligible for designation under the following criteria for designation: -4- 10494 7� Submitted into the public ,record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk Exemplifies the historical, cultural, political, economic, or social trends of the community. Villa Woodbine reflects the developmental and social trends of Coconut Grove during the early twentieth century when wealth northern and midwestern industrialists bought large tracts of land along Biscayne Bay and built their winter estates there. 5. Embodies those distinguishing characteristics of an architectural style, or period, or method of construction. Villa Woodbine is an outstanding example of Mediterranean Revival style architecture and is particularly noteworthy for its arched openings, wrought iron grille work, and central courtyard plan; as well as for its unaltered condition. 6. Is an outstanding work of a prominent decigner or builder. Villa Woodbine was designed by Walter C. DeGarmo, one of Miami's most prominent local architects. Villa Woodbine is one of Miami's most outstanding examples of his residential work. 7. Contains elements of design, detail, materials or craftsmanship of outstanding quality or which represent a significant innovation or adaptation to the South Florida environment. Villa Woodbine is particularly noteworthy for the excellence of its craftsmanship and detailing, embodied in such features as its arched opening details, wrought iron grille work, and decorative detailing. Its central countyard design, wide overhangs, and tall openings represent a significant residential adaptation to the area's. climate. 9. Because of its prominence or spatial location, contrasts of siting, age, or scale, is an easily identifiable visual feature of a neighborhood or the city and contributes to the distinctive quality or identity of such neighborhood or the city. Villa Woodbine's prominent location on the limestone bluff overlooking S. Bayshore Drive has made it a visual landmark of Coconut Grove. 10. Has yielded, or may be likely to yield, information important in prehistory or history. Villa Woodbine is located in an area of archeological sensitivity and is likely to yield important prehistoric and historic information. -5- 10494. Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk III. HISTORICAL INFORMATION Date of Erection: 1931 Architect: The architect for Villa Woodbine was Walter C. DeGerme, one of South Florida's most prominent early architects. A native of Illinois, DeGarmo received a BA degree in civil engineering from Swarthmore University and a BA degree in architecture from Cornell. He worked in New York with John Russell Pope before moving to Miami in 1904. Builder/Contractor: The St. John Company, Inc. Historical Context: Charles S. Boyd was one of many midwestern industrialists who built winter homes in Miami. Born on November 27, 1871, in Appleton, Wisconsin, Boyd was the founder of the Appleton Coated Paper Company. The company was organized in 1907 and manufactured coated paper. During the early twentieth century, it was the only plant of its kind in Wisconsin. Boyd served as the company's president until his death in 1952. When Boyd built his winter home in Miami in 1931, he named it after a grade of paper called woodbine enamel. Villa Woodbine is presently owned by William Siekman, Boyd's son-in- law. Siekman married Boyd's daughter Martha in 1946, and the couple spent winters at the estate. Martha Fiekman died in 1981. -6- 10494 Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk TV. ARCHITECTURAL INFORMATION Description of Building: Villa Woodbine is a two story 0-shaped structure featuring an open courtyard flanked by symmetrical wings. This concrete building is faced with a smooth stucco finish, and its wings are topped with low- pitched hipped roofs covered with mission tiles. A gable roof connects the two wings at the rear. The southeast facade faces S. Bayshore Drive and features a series of round arched openings on the first story. Three openings, enclosed by wrought iron grille work and embellished with decorative keystones, lead into a loggia and central courtyard beyond. Each flanking wing contains one arched doorway composed of wood French doors and multi - light sidelights, and transoms. Above these doorways are wood casement windows that open onto wrought iron balconies on the southwest wing and a cast concrete balcony on the southeast wing. The main entrance is recessed and is .located on the northwest corner of the home. The northwest facade also contains a central entrance embellished with a decorative cast concrete surround. A pergola is located on the northwest corner of the house. Decorative features on the building include exposed rafters under the wide overhanging eaves, a wrought iron balustrade enclosing the second story open porch, and decorative chimney caps. Description of Site: Villa Woodbine is located on an irregular shaped lot approximately 125 feet wide and 500 feet deep. A 12 feet easement provides access at the rear to Tigertail Avenue. The house is sited high on the limestone bluff overlooking Biscayne Bay and S. Bayshore Drive and is set back a considerable distance from S. Bayshore Drive. An oolitic limestone wall surrounds the property. The site, which is heavily wooded on the sides and rear, is accessible through a driveway that abuts the southwest property line. A small building is located it the rear of the property. -7- 10494 Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk Villa Woodbine 2167 S. Bayshore Drive Southeast (front) facade c. 1932 Ptintr rnurt t, Ni a4n rival Awe...,: ar:.... _r 1.0434' to Submitted into the public record for item(s) PZ.8 and•PZ.9, on 06-25-2020, City Clerk V. PLANNING CONTEXT Present Trends and Conditions: Villa Woodbine is one of the few intact estates that remains along S. Bayshore Drive between S. W. 17th Avenue and Aviation Avenue. The majority of estates have been subdivided and/or their historic houses have been destroyed. Villa Woodbine is currently for sale and is subject to intense development pressure. Although the property for sale also includes two additional lots that flank the historic house proposed for designation, the constraints on the development of the site are great because of its configuration. Villa Woodbine is presently subject to the conditions of the Environmental Preservation Ordinance because S. Bayshore Drive is a Sceric Transportation Corridor. All development activity between S. Bayshore Drive and the front of the existing house, is subject to review by the Heritage Conservation Board. The intent of this review is to preserve trees, geological formations, and unique scenic vistas that are of educational or environmental importance to the welfare of the general public and the City as a whole. Conservation Objectives: Every attempt should be made to preserve Villa Woodbine, its unobstructed view to S. Bayhore Drive, its limestone bluff, and the major trees on the site, while allowing sensitive developmentat the rear of the property and on adjoining lots. The City should work closely with a potential buyer to explore every alternative for appropriate development under the Zoning Ordinance. These conservation objectives can best be achieved by maintaining the present zoning of the property. An HC-1 zoning overlay district will maintain the existing zoning, requiring only the review of physical changes to the property. However, if certain zoning bonuses are subsequently identified that would encourao the preservation of the house and surrounding neighborhood while allowing new development, a change in the HC classification should be carefully considered. -10- 10494 /9 Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk VI. HC ZONING ELEMENTS Boundaries: The boundaries of the HC zoning district have been drawn to include only that tract of land owned by William Siekman on which the house sits. Major Exterior Surfaces Subject to Review: All four facades of Villa Woodbine shall be considered major exterior surfaces subject to review. Major Landscape Features Subject to Review: The major landscape features subject to review shall include the natural limestone bluff, the oolitic limestone wall, and all trees that are subject to the requirements for tree removal permits as set forth in Chapter 17 of the City Code. All applications for tree removal shall be subject to the requirements for Certificates of Approval and shall be reviewed by the Heritage Conservation Officer and/or Heritage Conservation Board. Because of the potential archeological significance of the site, any development activity, excavation, or tree removal shall be preceded by a professional archeological survey. This survey shall be coordinated with the Dade County archeologist. If significant areas are uncovered, conditions for mitigation shall be included as part of the Certificate of Appropriateness. -11- 1049 „5ubmitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk VII. BIBLIOGRAPHY Ammidown, Margot. "Walter DeGarmo: Fantasies in Concrete.” Update, Vol. 2, No. 1, February 1984, pp 3-6. Dade County, Florida. Community and Economic Development, Historic Preservation, Division. Dade County Historic Survey, Site Inventory File for 2167 S. Bayshore Drive, Miami, Florida. DeGarmo, Walter. "Residence for Mr. Charles S. Boyd." Plans, April 15, 1931. Copy at Historical Association of Southern Florida, Miami, Florida. Dictionary of Wisconsin Biography. Madison, Wisconsin: State Historical Society of Wisconsin, 1960. Esquivel, Mary Ann. "Coconut Grove Estate'. Put Up for Sale." The Miami Herald (Neighbors), February 7, 1988. History of Outagamie County. 1911. Metropolitan Dade County. From Wilderness to Metropolis. Miami: Metropolitan Dade County, 1982. Nelson, C. C. Biographics of Prominent People of Appleton and the Fox River Valley. 1964. Roelofs, Vernon W., "The Appleton Coated Paper Company 1907-1957." Booklet. Appleton, Wisconsin, 1957. Sterns, Frank F. Along Greater Miami's Sun -Sea Area. Miami: Privately printed, 1932. -12- 10494• ' or r MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Wil!lams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 10494 In the X X .. X Court was publishes{ in said newspaper In the Issues of Nov. 25, 1988 Affiant further says that the said Miami Review Is a newspaper published at Miami In said Dade County, Florida and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami In said Dade County, Florida, for a period of one year next preceding the first •ubtication of the attached copy of advertisement; and ther says that she has neither paid nor promised any pars • rm or corporation any discount, rebate, commission pub • for the pur ose of securing thls advertisement for Ion In the1 f t :Irpw paper. • 1/ \\\\\t ffI • Q ,tn� Sworn.4o and suSacribed before me this 4►•qV [Lt/,A.D.19 88 •C9 82 • No. z *Dor,'Siate oa orida at Large v• (SEAL) �i (DR1D P ,`` My CommiseithillewirmilVde 21, 1991. MR 114A 'A(I �ieik 5 IN Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk 1 •'14 ti ti I�uh1 tF ft A d110 )0E AMEND1N0I1 HE+ 0 1 0! A b N + 95001 1 EAMENDED 1ZONiN4 bRDINX L OP M i; FLi5p1DA11+ �A Pl I GBNEI' LriUSE HERIt 4E 0ONBERVAT1bN ; Tb sT IOHN'A EA11 IST4cHUfwcHH L00A5 D MOREYPART CU001!RW.OEBORRIUEq HERpEIIN) NI INGS, AND,MAKING LL ECESS'A Y,CHANG( NUMBER 23 of SA) ONII 4GATLAS. "+ t i oi1DINA CEliO i ' - • - AN oRb1N s t MEN6.1NG1,114k ONE C1 ORD! ANOE ,t ;THEYtNl1+0O DNA iEL P MIAMI, FLORIDA,.AS AMENDED; BY APELYIN0'rHE GENERAL HERITAGE coNSERV TION°'OVERLA'e bis TD K TUCKYHOME • LOCATED A #APPROXIMATEL :I22i.t22T NO.11.(0 STttST�AVENUBf IAMI'1+FLORIDA (MORE, PA[ ICULAf1LY DESCRIBED HEREIN) MAKING FINDING$ aAND MAK NQ'ALL MEOESSSARY CHANQES'ON'PAGE4NUMBER 23t1 OFSAIDZONINGA1LAS. ORD14ANC NO AN_OND NANOE.AMENDING;THE.ZONING,.ATL. ORDINANCE NO 9540'TH ZONING ORDIN �ACE OP„TL OF MIA I FLORIDA,'AS AMSNDED SY APPLWNG TO'EBE�IEEZE41 METHODIST OHUVFY LOI AFED ATARqRO MATELY41042 NORTHWEST9RDGENt LUSE ERITqG CONSEAATEIbEOpVEIPLAiYb)N.FLORIDA A 1 (MORE PARTICULA)HLYFDESCF116ED HEREIN) AKING'FIND INGB AND MAkINO ALL'NECESSARY CHAN EB''ON PAGE NUMBER;23 OF SAID ZONING'ATLA3 ,: 's'K r +,i', 1 ORDINANCENO 10494 AN ORDINANCE9AMENDING';THE ZONINti�A LAS F), ORDINANCE NO 9500+TH€ZONINGORDINANCEOFTHEGITY OF MIAM ,'FLORIDA, ASAMENDED, EV APPLYING THE?HC•t c ! rU GENERAL',USEHE ITAQE.CONSERVATIONI`OVERLAVDIS`7'((1CTf'�%' TO VILLkVV00D0INE,iLOCATED AT1APPROXIMATELY 2107I 80U;f f {; BAYSHOREr`DRIVE)x,MIAMI,'FLORIDA.°(MORE' x' PAE}TICL7LARLIftDESCR )BED HEREIN), MAKING FINDINQS;LANba - MAIt1HGxALC NEGESSARV�CHANGES ON P GEiNUMBER 44 DFBA)DZGNINGATLAS L . -. s� f*�rsr c}axfit�� AN ORDINANCE AMENDING TH107.4ONING TL S� RDINANCE NO 9500 I`HE ZONING E O ORDINA E THE Cl r OF M AMI,FLORIDA' AS`AMENOEO BY;APP It4G`T,liE'N)O-fl r, GENERAL USEsHERITAGE CONSERVATIOMOVERLAY DISTRICT'a� ru TO 104Z ON BAPTIBT:CHURCH`LOCATED'AT API'ROXIMATELV' a1�301TNORTHWEST19TH4TREET' MIAMI'FLORIDAA..((FIOREz r' e,PAEDOpEARIt DESCRIBE EREIN) MAKING"FINDINGS AND'. t. MAKING i1LLNECESSARY CHANGES Ot+(1'PAGE NUMBER'23 zAOFSAIDZaONINGAT.LAS #7» aD. tNANCENoe,10499a;A: aF��. 1 t , A RbIN CE1,$ 1 Q THEa 9A,ING TaLAS OF . t�I}� �"I • N(IED, sY NANCEOFTHSC, b� of A ,FlE R1 A MENDED aeY APPLY(NGyTHE;H 1- Et ', GEN Ai SE HERITAGE CONSERVATION'OVERLAY3DISTRICT} TO CENTRAL BAPTIST CHURCH, LOCATED AT;APPITO IMAYELY+ 5D0 NORTHEAST "1ST'AVENL)E; MIAMI+FLO4 0440.10 r PARTICULARLY DESCRIBED HEREI14)t MAKIN.4 F140 G9 ANp a u MA GALLS NECESSARY CHANGES ON PAGE NUMBER sG OFBAIDZONINGATCAS�'t� `A�4 �'" Icy 1'1 . 1 im 1.�k• ^vim+ bRDINANCE`NO 10497 i tag a k. `..y r.°"'+� AN,O,RDINANCE AMENDINQ;,THE MIAMI,COMPRE NSIVE3 ' r Fac NEIGHBORHOOD PLAN AND ADDENDA(SEPTEMBER 1 ) FORS PROPERTY D, T LOCATEAPR}1OXIMATELY,;2101 NORmWEST 19�TERRACE MIAM FLOR)OA (MORE^PARTICUI'ARLY I DESCRIBED HEREIN) BYt,GHAN,GlNQ'T}lE"DESIGNATION OF THE SUBJECT, PRORERTY FROMtMODERATEtDENS1TY RES(DENTIALTO'MODERATE HIGH DENSIT)' RESIDENTIAIL, AND MAKING FINDINGS 'rT ANIORD*NANCE" AM ENDINIt G�THE�ZON$+IGrATLAB OFF; ORDINANCE NO 9500, THE ZONING ORDINANCE OF THE CITY " OF MIAMI, FLORID ;_BY CHANGINGaTHE'Z0NING CLASSIFI CATION.(SECTOR NUMBER -ONLY) OF APPROXIMATELY 2101 NORTHWEST I9TH„TERRACE; MIAMI'FLO.RIDA (MORE PARTICUR YLADESCRIREp'HERmi)OM .FR:Rq•214 GENERAL RESIDENT! To 110.2)5 GENERAL RESIDENTIAL BY,MAKING FINDINGS AND BY MAKING ALI THENEGESBARY CHANGES ON PAGE NO.2540Fr8AID ONINDL ATLAS':.ryIADE A, PART OF ORDINANCE,,Nb 9500. BY REFERENOE AND DESCRIPTION IN ARTICLE 3 .SECTION:300 THEREOFi CONTAIN NO A REPEALER PROVISION, AND A SEVERAB)LITY CIAUSE. , AN EMERGENCY ORDINANCE AMEN) NG THE CODE OF THE CITY. OF, MIAMI FLORIDA,tAS A MIEND.EDVCHAPTER 39, ARTI r ' CLE 11, ENTITLED ;?.!si pgwAt.,Wr AND., STREET VENDORS BY +; ;. ;REQUIRINQ,LIABIWTY,INSURANCE AND., IHDEMNIFICATiON PROVIDING DEFINITIONS AmENplNev. DISTANCE ANDTIMEr LIMITATION RE�TIVEt TO VENDOR$ AND SCHOOLS; UR F` THER, ESTABL;IS" ING A NEW.+t"COGONUT GROVE SPECIAL VENDING 018TR1CT1'<_FOR THE AREA GENERALLY KNOWN AS THE 000 pm v.:V.0F)OVE VILLAGE.OENTER (MOR€ ;'. PARTICULARLY DESCRIBED HEREIN), ADDING A NEW SECTION • 39.17,1 ENTITLED }LIMITATIONS WITHIN THE0000NUT.GRO'E SPECIAL VEND�NG.oISTRiCT RESTRIC7)NG ML)M@.glIts) VENDOR CA SAND ESTABWSH(I 0 PUSHCART D INN 01.E TERIA ANQ,IEVIEW ESTAOLI8HINNQ.SP<.€OIFICI I N ING - ZONES;'FROVIDING LIMITATIONSt PROVIDING A G AC ERAS LDLD11y LAAUSE: A D PR DING ANDEFFIEOTIVE DATE u8 ; Id' IS�01 E CIS' Submitted into the public ,record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk 1NANCE NO 10500 NANCE`AMENDINGr8ECTiON 41 20A(C} OF`THE R 01 I Y OF IAIrICI� LORIDA, AR AMENfo0Dc 76)DD AND OVE OERTAI PR SIONB DEALING WITH AUTHORIZED RTMENTG YANa UIDELINEB F6R INVERT ENT OF THE ` bF iAMI fitERR ANb pOLI6S t FFI8 S'' EMf N1 TRUST.rUND CONTAli4INQ A hEPEALE SIGN ACID SEVE6ffLITY CLAUSE ORDINANCE N0 io5111 AN ORDINANC AME �.I.'D�ING GRAFTER 1R, ENTITLED "FINANCE" ARTICLE III "SALE OF CERYIFIOAtES FOR DERN .: QUENT,LOCALIMPROVEMENTASSESSMENT leri ,;SECTION ,.OP THE :CODE OF `'HE CITY OP• MIAMi, FLORIDA., AS AMENDED, TO ,PROVIDE-THAT;T,HE I RAGTICE AND PROCEDURE PERTAINING O.THE SALE OF LOCAL,IMPROVE• MENT. ASSESSMENT LIENS SHALL,A'PPLY T6 THE, SALE, 0 ALL MUNICIPAL.LIENB CONTAINING A'REPEALER PROVIRICt AND SEVERARILIIY CtAUSEr ° r 5 ORDINANDE NO ,10503 N MERi ENfCY ORD NANCEI AMENDING SECTION "11 RDINAFICE�NO. 103d7,tiADOPTED NOVEMBER /AId08T; AS MENDEDTHE TIPIYALAPPROPRIATIONS ORDINANCE BY? ESTABGB ING 7NE PROJECT ENTITL ci "DUPONT''PLAZA- BAYIRIVERWALK IMPRbVEMENTS PROJECT NO, 3313d7, IN; THE-AMOUN1 ore'Ei00,000 FFlOM MARINAS T9 INED EAR INGS CONTAINING A'FIEPE`AI ER PROVISION, N0 r whi "'YI AUSEt ,�hi'ti '. da`��.�n.� ttRi x�, ORDFNAMCENO i0 0RDlNAI�CE ASMENDING ORDINANCE 9500 AS THE" ZONIN11�0(it11NAl�CE OF THE CITY OF M( MIkB AMENDI G4RTICL''EI0 GENERAL AND''S1PFLEMEpTAR,. EGULA b S SECTION 2003 ACCESSORY USES AND STRUCK TURFSS E ON2003$PERMANENTACTIVNRECREATION FACILITIES'AS ACCESSORY'USE81N RESIDENTIAL DISTRICTS, SPECIAL PERMITS, BY`!RESTATING THE SUBSECTION 70; REQUIRE A CLARSrC SPECIAL; PERMIT! Pow RS1 sR32 AND.; RG•1x DISTRICT$ ' ND SPECIAL EXCEPTION, APPROVAL. FOR=r: THE4RG•2fANDi0THERr018TR070lF'ACTIVE RECREATION;; :�rFACILim1ES-AREtL:OCATED3'AD,iACENT TO.�STREETS;fANDIOR. fi WHEREaSrtiEXCEED 20 PERCENT OF, NET NOT GROSS, L07 AREA BY AMENDING SEC7.ION'2005 GENER4L `rERM9, TDEFINED RELATED;, LIMITATIONS SUBSECTION 2005,1 LOT DEFINED dPROHIBITION'AGAINST DIVISIONS CREATING SUB „pTANDARD.L.OTS'"BF bEL NG,THE EXISTING DEFINITI yr&ND INSERTING IN°LIEU TH REOF A+LOT'DEFiNi1ION IDS. IC L VIWITH CFHAPT`ER 5 51 SUBDIVISIO :REGU TIONS 01 yT¢HE 017? CODE? ` ND RENCING THAT`CHAAPTER; BY} AMENDING THESCHEDUREFpE�LE DISTRICT REGULATIONS PAGE F 8 �,O`USES ANti STRUCTU RES: ACCE_SsORY USES AND �STAUC Lo%ES Tf3S1E RS ONEYFAMILY DETACHED 'RESIDENTIALUNDE ERMISSIBLE O8YNLY SPECIALPERMI1, PARAGRAPH 2,'BY.DELETINGCAI WHIOH,-HAD REQUIRED. CLASS 0SPECIAL:RERMUr FOR ACTIVEREGREATION;FACIL TIE$, EVEN IFNOLO TCATED,ADJACENT70tSTREETSiOR EVE. #F'LESS.TI-$AN 20"�PrERCENT'.OF GROSS LOT'AREA( B' RENUMBERING:IPAHENTHESIS AND BY; SUBSTITUTING GLASS 0 SPECIAL PERMIT'RATHER THAN'A SPECIALEXCEE„ TI0NkFOR ACTIVE RECREATION FACILITIES ADJACENT TO, '.STREETS , ND GREATER THAN 20 PpERCENT OF NET' NOT GROSS',LOT AREA; AND BY 601ENDINGIT ESCHEDULEiOF. DISTRICTREGU TIONSPA,G,E3OF8 USES ANDSTRUCTURES,; ACCESSORY USE AND STRUCTURES FOR 80TH R0,3, RO.4 RESIDE , Ti[[A�L•0„FFICE AND 9 I OFFICE-INSTITUTJONA,LUNDER" Kr USES PERMIITTEO G NERALLY;OR PERMISSIBLE BY,SPECIA" PERMIT;. F RA89APH'1;t'T0 CHANGE;"AN ERRONEOU REFFERENCEFROM,%Fo:1ION;•10203? 70.SECT'ION20037' CONTAINING A REPEALER'PROVISION AND A SEVERAOIL. AUSEt}kr Jiwa z ORDINANCE ND 10585 "ORDINANCE AMENDING -ORDINANCE NO„0500,"AS AMENDED THE ZONING ORDINANCE OF 111E CITY OFMIAMI, LOR FIDA, BYIAMENDING PAGE 1 OF THE;O FILIAL SCHED. kULE.;'0F4iDISTRICT;REGULATIONS IN PRINCIPAL USES AN STRUC'[URES,'"t,RO l GENERAI:'RESJDENTIAL(ONE ANDTWC FAMILY)" SPECIFICALLY.BY FRESTATINGtPARAGRAPH 3„UNDE; HE HEADING'rPERMITrEO�GENERALLY `TO LIMIT THL NUMF'BER OWLIN ELG UNITS TO TWO;+BY ADDING NEW PAR GRAPH 2 UNDER THE,HEADING ENTITLED PERMISSIBLE ONLY' BY SPECIAi '.PERMIT',TO PROVIDE FOR A°SPECIAL EXCEPTION F0,41119EE OR MORE DWELLING UNITS;'AND 8Y ENDING FMIfIIMUM L`OTREQUIREMENTSRG•i, GENERAL *` ESJDENTl!AL(CNErAND±'IWO•FAMILY);'<BY DELETINOAT'NE "; XCEPT'ION WHICH PROVIDES THAT SEMIDETACHEDSTRUC•,t' TURFSMAY,BE'ON MINIMUM LOT WIDTHS4OF 25"FEET,FORji R011 NIT oNTNING A REPEALER PROVISION AND A SEy �Saki and nancea may be inspected by the public at th Oftice of Ilia' Olty Clerk,`3500 Pan Armme6can Ddve, • Miami Florida, Motlday through �Frlday exc udin holl�ays, belween,the houro of ¢ 00 a m; and 5 D0 p,m. MATEY HIRAI CITY CI ERK MIAMI' FLORIOA 1I2¢58M'I 3-99-930 12/13/99 11876 11:47 No.011 P.02 Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 45 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY ADDING THE HISTORIC PRESERVATION OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 2167 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERAEILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Zoning Board, at its meeting of October 4, 1999, Item No. 2, following an advertised hearing, adopted Resolution No, ZB 1999-0212, by a six to zero (6-0) vote, RECOMMENDING a change of zoning classification, ashereinafter set forth; 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 add the Historic Preservation Overlay District as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 11876 Scanned with CamScanner Submitted into the public record for item(s) PZ.8 and on 06-25-2020, City Clerk Jan 2 _ Or 0 11:48 No.011 P.03 - Section 1. The Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Page 45, Article 4, Section 401, Schedule of District Regulations, is hereby amended by adding the Historic Preservation Overlay District for the property located at approximately 2167 South Bayshore Drive, Miami, Florida, more particularly described as a portion of Lot 25 and Lot "0," THE ESTATE OF JOHN T. PEACOCK SUBDIVISION, according to the plat thereof, recorded in Plat Book 2, Page 12, of the Public Records of Mimi -Dade County, Florida. Section 2. It is hereby found that this zoning classification change: (a) is in conformity with the adopted Miami 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; (e) will not materially alter the population density pattern or increase or Overtax the load on public facilities such as schools, utilities, streets, etc.; (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; Page 2 of 4 11876 Scanned with CamScanner Submitted into the public record for item(s) PZT on 06-25-2020, City PZ.9 Jan 11:48 No.011 P.04 (j) will not seriously reduce light and air to adjacent area; (k) will not adversely affect property value in the adjacent area; (1) will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; and (m) will not constitute a grant of special privilege to an individual owner so as to compromise the protection of the public welfare. Section 3. Page No. 45 of the Zoning Atlas, made a part of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by reference and description in said Ordinance, is hereby amended to reflect the changes made necessary by this Amendment. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective thirty This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this ordinance, it shall become effective immediately' upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 3 of 4 11876 Scanned with CamScanner • T Jan 2 0 11:49 No.011 P.05 t 4 (30) days after final reading and adoption thereof)/ PASSED. ON FIRST READING BY TITLE ONLY this 16th ,November , 1999. day of PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 14th day of ppcemher ATTEST:, , 1999: JOE CAROLLO, MAYOR In accordancu with Miwiit.:ccti:: Sec. 2.3s, strice the tilnyvr dk not loch:1Mo tippruvot ot Iegistation by signiq It in the desigr„ntati .tret.lomes effective with the elapse of ten (10) dayci cm the of COrT,rnia • *,:.. reo:ling same, without the Mayo:' • •ercis" a iv / 0- 4 r .adtpazh. VP • WALTER J. FOEMAN CITY CLER APPRO TTORNEY W7 6:YMT:eij:BSS CORRECTNESS e.# Wntt 1) City I▪ rk Submitted into the public record for item(s) PZ.8 and PZ.9, on 06-25-2020, City Clerk This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If. the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 4 of 4 11876 Scanned with CamScanner