Deny appeal and affirm historic preservation board decision on First Presbyterian Church

CITY COMMISSION FACT SHEET File ID: 17249 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING OR DENYING THE APPEAL FILED BY SIDLEY AUSTIN, LLP ON BEHALF OF ICONBRICKELL CONDOMINIUM NO. TWO ASSOCIATION INC. (“APPELLANT”) AND REVERSING, AFFIRMING, OR MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD’S APPROVAL, PURSUANT TO SECTION 23- 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF 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. LOCATION(S): 609 Brickell Avenue APPLICANT(S): Iris Escarra Esq., on behalf of First Presbyterian Church, 609 Brickell Avenue APPELLANT(S): Lawrence D. Silverman Esq., on behalf of Iconbrickell Condominium No. Two Association, Inc. PURPOSE: Appellant requests the City Commission reverse the Historic and Environmental Preservation Board decision to approve an amendment to the historic designation report adopted pursuant to Resolution No. HEPB-R-24- 032 (16921). FINDING(S): PLANNING DEPARTMENT: Recommended Approval of Amendment to Designation with Conditions. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Motion to Approve on December 3, 2024, passed by a unanimous vote of eight (8-0). City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City of Miami Legislation Resolution File Number: 17249 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING OR DENYING THE APPEAL FILED BY SIDLEY AUSTIN, LLP ON BEHALF OF ICONBRICKELL CONDOMINIUM NO. TWO ASSOCIATION INC. (“APPELLANT”) AND REVERSING, AFFIRMING, OR MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD’S APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF 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 Ordinances of the City of Miami, Florida, as amended (“City Code”), approved the application for the approval of 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 7, 2024, HEPB at a duly noticed hearing, considered Item No. HEPB 1, pursuant to Section 23-4 (c)(8) of City Code, the application to Approve or Deny preliminarily 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 located at 609 Brickell Avenue known as the First Presbyterian Church be denied; and WHEREAS, the Historic Preservation Officer recommended that the request for an amendment as it pertains to specifically classifying the School Annex and parking lot at the property located at 609 Brickell Avenue known as the First Presbyterian Church as non- contributing be approved; and WHEREAS, the Historic Preservation Officer found that additional research by the 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 application resulted in a unanimous vote of six (6) of the HEPB members, constituting an approval of the Preliminary Application and adopted 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 City Code, the final application 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 (“Application”), and WHEREAS, the Historic Preservation Officer concluded the request for an amendment to the historic designation report complied with applicable criteria as stipulated 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 distinguish 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 hearing, a motion to approve with conditions the final application resulted in a unanimous vote of eight (8) of the HEPB members, constituting an approval of the Application and adopted 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 23-6.2(e) of the City Code; and WHEREAS, for the reasons stated on the record during the public hearing, the City Commission grants/denies the appeal and reverses/affirms/modifies Resolution No. HEPB-R- 24-032 as it pertains to the Amendment to the Designation for the Property;

NOW, THEREFORE,

BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance 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-24-032 and denies/grants the Application. Section 3. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.1 APPROVED AS TO FORM AND CORRECTNESS: 1 If the Mayor does not sign this Ordinance, 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 Ordinance, it shall become effective immediately upon override of the veto by the City Commission.