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HomeMy WebLinkAboutR-25-0141City of Miami Resolution R-25-0141 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17249 Final Action Date: 4/10/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY SIDLEY AUSTIN, LLP ON BEHALF OF ICONBRICKELL CONDOMINIUM NO. TWO ASSOCIATION INC. ("APPELLANT") AND AFFIRMING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DECISION, PURSUANT TO SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, REGARDING AN AMENDMENT TO THE HISTORIC DESIGNATION REPORT FOR THE INDIVIDUALLY DESIGNATED SITE KNOWN AS THE FIRST PRESBYTERIAN CHURCH LOCATED AT APPROXIMATELY 609 BRICKELL AVENUE, MIAMI, FLORIDA, 33131, WITH FOLIO NUMBER 01-0210-030-1010. WHEREAS, on June 17, 2003, the Historic and Environmental Preservation Board ("HEPB"), at a duly noticed hearing, considered Item number 1. pursuant to Section 23-4 of the Code of the City of Miami, Florida, as amended ("City Code"), and approved the application for the historic site designation and an amendment to the Official Historic and Environmental Preservation Atlas of the City of Miami ("City") for the First Presbyterian Church, located at approximately 609 Brickell Avenue, Folio 01-0210-030-1010 ("Property"); and WHEREAS, on July 2, 2024, HEPB, at a duly noticed hearing, considered Item No. HEPB 1. pursuant to Section 23-4 (c)(8) of the City Code — the preliminary evaluation of an amendment to the Historic Designation for the individually designated site known as the First Presbyterian Church located at approximately 609 Brickell Avenue ("Preliminary Application"); and WHEREAS, the Historic Preservation Officer recommended that the request for an amendment to the boundary to the historic designation report for the Property be denied; and WHEREAS, the Historic Preservation Officer recommended that the request for an amendment to the designation as it pertains to specifically classifying the School Annex and parking lot at the property located at the Property as non-contributing be approved; and WHEREAS, the Historic Preservation Officer found that additional research by the First Presbyterian Church ("Applicant") could address the question of the potential for the resource to yield information important in prehistory or history; and WHEREAS, the Historic Preservation Officer found the request for an amendment to the historic designation report partially complied with, and merited further review in accordance with, the applicable criteria pursuant to Chapter 23 of the City Code; and WHEREAS, at the conclusion of the hearing, a motion to approve with conditions the preliminary evaluation application resulted in a unanimous vote of six (6) of the HEPB members, constituting an approval of the preliminary evaluation application and resulting in the adoption of City of Miami Page 1 of 3 File ID: 17249 (Revision: A) Printed On: 8/21/2025 File ID: 17249 Enactment Number: R-25-0141 Resolution No. HEPB-R-24-013; and WHEREAS, on December 3, 2024, HEPB, at a duly noticed hearing, considered Item No. HEPB 4. pursuant to Section 23-4(c)(8) of the City Code, the final step to approve or deny an amendment to the Historic Designation for the individually designated site known as the First Presbyterian Church located at approximately 609 Brickell Avenue; and WHEREAS, the Historic Preservation Officer concluded the request for an amendment to the historic designation report complied with the applicable criteria as provided in Section 23- 4 of the City Code; and WHEREAS, the amended boundary being drawn to encompass only the Historic Church Property which contains the sole structure that meets the City's criteria for historic designation as provided in Section 23-4(b) of the City Code and the amendment of the historic designation boundaries gives prominence to the First Presbyterian Church building and distinguishes it from later, non-contributing additions and site improvements; and WHEREAS, pursuant to Section 23-4 of the City Code, the Historic Preservation Officer recommended approval of the request for an amendment to the historic designation report for the property located at 609 Brickell Avenue known as the First Presbyterian Church; and WHEREAS, at the conclusion of the HEPB hearing, a motion to approve with conditions the amendment of the designation and the boundary resulted in a unanimous vote of eight to zero (8-0) of the HEPB members, constituting an approval of the amendment and resulted in the adoption of Resolution No. HEPB-R-24-032; and WHEREAS, Lawrence D. Silverman Esq., on behalf of Iconbrickell Condominium No. Two Association Inc., filed a timely appeal to the Miami City Commission pursuant to Section 23-4(c)(7) of the City Code; and 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, for the reasons stated on the record during the public hearing, the City Commission denies the appeal and affirms the decision of the HEPB and Resolution No. HEPB-R-24-032; 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 herein as if fully set forth in this Section. Section 2. The City Commission denies the appeal and affirms the decision of the HEPB as set forth in Resolution No. HEPB-R-24-032, pursuant to Section 23-4 of the City Code. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' 1 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. City of Miami Page 2 of 3 File ID: 17249 (Revision: A) Printed on: 8/21/2025 File ID: 17249 Enactment Number: R-25-0141 APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C1ty ttor -y 4/29/2025 City of Miami Page 3 of 3 File ID: 17249 (Revision: A) Printed on: 8/21/2025