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Ord No 03-11-2076ORDINANCE NO. 03-11-2076 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by designating a commercial building located at 5875 Sunset Drive (aka The Dowling Building) as an historic site and by placement of an Historic Preservation Overlay Zone (HP -OV) over the existing zoning use district for this property; providing for severability; providing for ordinances in conflict; and providing an effective date. WHEREAS, Application No. PB -10 -039 was submitted to the Planning Department by the Historic Preservation Board , said application requesting to amend the official zoning map of the City of South Miami by overlaying an "HP -OV" Historic Preservation Overlay zoning district for property identified as 5875 Sunset Drive (aka The Dowling Building); and WHEREAS, the Historic Preservation Board at its October 25, 2010 meeting reviewed the Designation Report for 5875 Sunset Drive and recommended that the proposed site be designated historic; and WHEREAS, the proposed historic designation and rezoning is consistent with the goals and policies and the future Land Use Map of the City of South Miami Comprehensive Plan; and WHEREAS, on November 9, 2010 after public hearing regarding the application of the HP -OV zoning to 5875 Sunset Drive, the Planning Board recommended approval by a vote of 5 ayes and 0 nay; and WHEREAS, the City Commission desires to accept the recommendations of the Historic Preservation Board and the Planning Board and enact the aforesaid HP -OV zoning. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City's Official Zoning Map shall be amended by placing the Historic Preservation Overlay (I- IP -OV) zoning district over the existing underlying zoning use district for property identified as 5875 Sunset Drive (aka The Dowling Building). Section 2 . That the Designation Report for the building at 5875 Sunset Drive as prepared by the South Miami Planning Department is identified as Attachment "A" said document is attached to and made part of this ordinance. Section 3 The Design Review Guidelines set forth in the Designation Report for the building at 5875 Sunset Drive and the provisions contained in the Land Development Code pertaining to review of building permits, certificates of appropriateness, and demolition are applicable to the property at 5875 Sunset Drive. Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Ord. No. 03 -11 -2076 Section 6. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 4th day of January 201 1 . ATTEST: J �j APPR/OVED: 4,( , MAYOR Is` Reading- 12/7/10 2nd Reading- 1/4/11 READ AND APPROVED AS TO FORM: ANED SUFFICIENCY CITY ATTORNEY Attachment "A" Designation Report for 5875 Sunset Drive X: \Comm Items \2010\12 -7 -10 \5875 Sunset Dowling HP -OV Ord..doc COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: 5 -0 Yea Yea Yea Yea Yea 2 To: Via: From: Date: South Miami ptl•Ame�fcaGiN CITY OF SOUTH MIAMI ®' OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM zoos The Honorable Mayor Stoddard and Members of the City Commission Hector Mirabile, Ph.D., City Thomas J. Vageline, Director Planning and Zoning Departs January 4, 2011 ��iull Subiect An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by designating a commercial building located at 5875 Sunset Drive (aka The Dowling Building) as an historic site and by placement of an Historic. Preservation Overlay Zone (HP -OV) over the existing zoning use district for this property; providing for severability; providing for ordinances in conflict; and providing an effective date. The Historic Preservation Board at its October 25, 2010 meeting reviewed an historic designation report for a commercial building located at 5875 Sunset Drive (aka The Dowling Building) and recommended that this building be designated an historic site. APPLICABLE REGULATIONS The Land Development Code (LDC) provides that an historic designation recommendation must be enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is superimposed as an overlay over the existing underlying use zone. The procedures in the LDC require the Planning Board to hold a public hearing on all designations recommended by the Historic Preservation Board. (Section 20- 5.17(E). Following action by the Planning Board the designation is then converted into ordinance format and placed before the City Commission for final approval. DESIGNATION STATUS The City of South Miami has designated a total of 44 buildings as historic sites. Attached is a status report of historic designations in the City. It is important to note that 9 commercial buildings in the Hometown District have been designated historic. HISTORIC PRESERVATION BOARD ACTION The attached Designation Report for The Dowling Building was approved by the Historic Preservation Board at its October 25, 2010 meeting by a vote of 7 ayes 0 nays. DOWLING BUILDING HISTORIC SIGNIFICANCE The historic designation of the building at 5875 Sunset Drive is part of a series of downtown buildings recommended for designation by the Historic Preservation Board. It is important to note that the tavern building is identified in the "Hometown Plan" (1993) as one of ten "contributing buildings" having significant historic value which should be preserved. Two of those buildings have been demolished and the remaining eight have been designated historic or are in the process of being designated. It is important to note that the building at 5875 Sunset Drive is one of the City's first concrete•block structures, built circa 1914 and thus the oldest surviving building so far identified in South Miami. The Designation Report contains a detailed history of the building and includes photographs. The attached designation report describes the architecture of the building (pp.7 -8). The City's preservation. consultant determined that the structure meets four of the criteria for historic designation (p.9). STAFF OBSERVATIONS (1) The building at 5875 Sunset Drive is identified as a "contributing building" in the Hometown District Plan and Overlay District report. (2) The Designation Report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site designations. (3) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the City of South Miami Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources 1111....." (4) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval is made by the Historic Preservation Board, with any appeals to that decision made to the City Commission. The Designation Report contains a section entitled Design Review Guidelines (p. 10) which establishes architectural guidelines for the review of future certificates of appropriateness. (5) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's underlining SR(HD -OV) Specialty Retail, (Hometown District Overlay ) zoning district. PLANNING BOARD ACTION: The Planning Board at its meeting on November 9, 2010 conducted a public hearing and adopted a motion by a vote of 5 ayes 0 nays recommending approval of the historic designation. RECOMMENDATION It is important to note that the representative of the property owner has advised the Planning and Zoning Department that the owner supports the designation of the property as an historic site. It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 5875 Sunset Drive (The Dowling Building) be approved on second reading. Attachments: Draft Ordinance X (Comm liems1201111- 4- 111LDCAmend Historic Dowling CMReport.doc Designation Report Designation Status Report Planning Dept, Staff Report I1 -9 -10 Planning Board Minutes Excerpt 11 -9 -10 Historic Preservation Board Minutes Excerpt 10 -25 -10 Public notices 2 J, 'f \/ \ {« TABLE OF CONTENTS I. General information ............... ..............................3 (Location Map) II. Significance ........................ ............................... 4 III, Architectural Distinction ......... ..............................7 IV. Eligibility For Designation... ............. .......... 1..19 V. Design Review Guidelines ......... .............................10 A. Bibliography ........................... .............................11 VII. Photographs ........................... .............................12 City of South Miami Historic Designation Report 5 875 Sunset Drive Page 2 of 15 r0 5875 SUNSET DRIVE, SOUTH MIAMI 1, GENERAL INFORMATION Current Address: 5875 Sunset Drive (SW 72nd Street), South Miami (aka 137 -139 Sunset Drive, in street numbering System prior to 1952) Location: North side of Sunset Drive, second building east of U.S. 1 Present Owner: Sunset One Properties LLG Present Use. Commercial Zoning District: Specialty Retail- Hometown District Overlay (SR -HDOV) Tax Folio Number: 094025 -030 -0010 Legal Description: Lot 1, less the west 86.01 feet, and the west 10 feet of the south 80 feet of Lot 2, in H. D.Cooper's Subdivision, recorded in Plat Book 1, page 111 (amended in Plat Book 4, page 152) of Miami -Dade County Public Records. Date Constructed: 1914 -1926 Architect / Builder: Unknown Original Owner: John Opsahl Original Use: General store, enlarged by William M. Dowling in 1926 as the mixed -use Dowling Building / Geraldine Apartments. City of South Miami Historic Designation Report 5875 Sunset Drive Page 3 of 15 City of South Miami N Historic Site Designation (Dowling Building) Wa 5875 Sunset Drive s Feet 0 100 200 300 600 900 1,200 6121 SW 68TH ST 5940 N N n 6��$ 5998 y1g0 y1�2 a. .ors umi � ui ti o � v°'mi A� 0 6811 N s s1' 1yp i 6845 1f AXi� —� I 6001 � ( 5927 h�oo m gIAI 7nTU ST 7001 5950 5801 SW 74TH 5900 � rn 7420- o 0 7019 - "' 5959 r �n m sn o o i- SW 71ST ST 0 6075 rn rn 0 SUNSET DR 611 5955 J/�� 5950 sy���s 6022 >O 7410 - 7440 7500 75f5 7520 0 5991 5660 SUBJECT PROPERTY M 4/ m o 7230 m 59p6 5940 7331 7311 7310 = 7321 5850 5901 5875 5950 5801 SW 74TH 5900 5880 7420- 5838', 7515 0 U 7541 7532 fO to 4% M Uj 7663 7548 7540 7520- w � M O O ,{j 5875 5801 SW 74TH TER 5880 5838', 7515 7500. 7541 7532 fO to 4% M 7663 7548 1 7505 1 7500 7521 .7510 7533 7530 7649 a 7500 1 '9 7520 a v 7550 v 11, SIGNIFICANCE Statement of Significance: In May 1981, a Dade County Historic Survey found this building to be "of major contextual significance," and further research has now added to its historical significance as well. Besides being a prime example of 1920s South Florida architecture, this building is associated with the Opsahl and Dowling families, prominent South Miami pioneers. Fashioned in its present configuration in 1926, it has at its core one of the city's first concrete -block structures, built circa 1914 and thus the oldest surviving building so far identified in South Miami. Contextual History: The town of Larkins, predecessor of the City of South Miami, got its start in the 1880s with the settlement of a few farming families in the vicinity of present -day Cocoplum Circle, east of the present city center. The town moved westward when the Florida East Coast Railway extended its tracks from Miami to Homestead in 1904, with a station stop called Larkin at what is now Sunset Drive and U.S. 1. The railroad spurred the growth of the community, then centered near the train station, to a population of 350 by 1917. Nine subdivisions were platted in Larkins by 1918, one of which was H.D.Cooper's Subdivision (not to be confused with the Cooper Subdivision, which is far from here), filed on March 13, 1912, by Herbert D. Cooper and his wife Lavilla.l It was composed of 20 lots (revised to 32 lots in 19192), in the triangle of land formed by Sunset Drive, South Dixie Highway ( U.S. 1), and what is now SW 58th Avenue. H.D.Cooper was a ticket agent for the Florida East Coast Railway,3 and this subdivision was in a prime location opposite the railroad station. The subject building occupies parts of Lots 1 and 21 Two well -known pioneer families from the early days of Larkins are tied in with the subject building: the Opsahis and the Dowlings. John Opsahl (1871 -1942) and his wife Mary (1878 -1968) emigrated from Norway around 1900, to North Dakota and later Minnesota, and came to Larkins around 1911, after the railroad had come through 4 Here Opsahl built a hotel called the Southern Pines, and a two -story general store that was the "first concrete block building on Sunset Drive east of the railroad. "5 The store was located across the I Dade County Plat Book 1, Page 111. 2 Dade County Plat Book 4, Page 153. 'Obituary, Miami Herald, March 8, 1928. " U.S. Census records; Obituaries in Miami Herald April 29,1942; April 17, 1968. s Paul Tevis, History, of the City of South Miami, circa 1966. City of South Miami Historic Designation Report 5875 Sunset Drive Page 4 of 15 street from the post office, where John Opsahl succeeded Wilson Larkins as the town postmaster.6 The Dowling family is well -known in South Miami history. John Moses ( "Grandpa ") Dowling (1842 -1927) was from Georgia, but by 1900 he and other family members had moved to Lake City in northern Florida. His youngest son, John Perry Dowling (1870- 1952), was the first to come to Dade County, working as a tracklayer for the railroad, which brought him to Larkins in 1904.7 Seeing the area's potential, he bought land to the west of the tracks and settled his family here. Several of his relatives from Lake City also came and bought land, including his parents, his brothers Oscar (1866 -1948) and William (1867 -1928) and their families, and his sister Amy Elizabeth, who was married to John W. Barrs. "Grandpa" Dowling's middle son, William Manning Dowling,* is the one who developed the subject property. A native of Georgia and a devout Christian, he served as tax collector in Lake City for fourteen years .13 and came to Larkins in the early 1920s. He and his wife Malissie (often misspelled!) (1872 -1947) had two daughters: Birdie, born in 1893 and married briefly to Charles Cothran;9 and Pearl, born in 1895 and married to James Bruce Hayden* (1894 - 1973).10 The Haydens had two daughters: Geraldine, born in 1921, and Joan in 1929.11 * (Many of the men in this family went by their middle names, including Perry and Manning Dowling, and Bruce Hayden.) Specific History: William M. Dowling and his son -in -law J.B.Hayden bought Lot 1 in this subdivision from John and Mary Opsahl on February 15, 1924.}2 Opsahl owned other land in this area in addition to this, but from several descriptions, this was probably the site of his general store: on Sunset Drive, east of the railroad and across from the post office. There are no surviving building records for the subject structure, but it is portrayed in a 1926 photograph in the Romer archive ( #C1 13d), so it must have been constructed soon after Dowling purchased the land. The County Property Appraiser gives the construction date as 1926. The early photograph strongly 6 S.P. Redding, Miami's Historic Neighborhoods, p. 111. Jean Taylor, The Villages of South Dade, p. 28. 'Obituary, Miami Herald, October 2, 1928. 9 U.S. Census: 1900, 1910, 1920; Lake City, Florida. 10 Obituary, Miami Herald, January 17; 1973. "U.S. Census: 1930, Dade County, Florida; Florida Census, 1935; Pct. 654 p. 31. 2 Dade County Deed Book 391, Page 297. City of South Miami klistoric Designation Report 5875 Sunset Drive Page 5 of 15 resembles the present structure: a two- story masonry building, with a front arcade of six rounded arches (of slightly unequal sizes) along the sidewalk, and what appear to be screened porches above. From the street front, the building gives the impression of being a solid rectangular structure, but a view of the rear shows that it is actually U- shaped. Projecting back from the front arcade are two separate two -story rectangular structures, of unequal size, the one on the west being narrower than the other, and with a sloped roof while the other is flat. Between them is a one -story fill -in. The side parapets of both these two -story wings are stepped down five times, and this is the key to the building's origins, and its asymmetry: a photograph of John Opsahl's original store, the first concrete building in Larkins, has the same five step- downs, and appears to have the same proportions as the west wing of the Dowling Building. Rather than tear down a fairly new, solidly -built structure merely to build another one, Dowling evidently built a similar structure next to it and joined the two with the front arcade. The one -story rear fill -in may havebeen built at the same time, or at a later date. There is one reference that bears this theory out: former South Miami mayor Paul Tevis, in his History of the City of South Miami, writes: The John Opsahls, who came from Minnesota about 1911, built a store in 1914 which became a part of the store and apartments in the building on the north site (sic) of Sunset Drive just east of Highway# 1.73 Listings in the Polk's City Directory for 1928 indicate the early use and occupants of the expanded building. It served as both the residence and place of business for Dowling and his extended family. Two businesses are listed for the first -floor commercial space: the W.M. Dowling Mercantile Company, a hardware and furniture concern run by Dowling and his son -in -law J. Bruce Hayden; and the Hayden -Janes Realty Company, run by J. Bruce Hayden, J. Bryant Janes, W.M. Dowling, and Hugh H. Wiggins. The second floor consisted of five residential apartments that are listed as the Geraldine Apartments, no doubt named for Dowling's young grand- daughter Geraldine Hayden. Based on floor plans drawn in 1994, it appears that the east section of the building contained apartments one through four, and apartment five occupied the entire second floor of the west section. In the 1928 Directory, the Haydens are listed in apartment 3; "Grandpa" J.M. Dowling and his wife Mary in apartment 4; and apartment 5, the largest, was occupied by "Tevis, op. cit., P. vi. City of South Miami Historic Designation Report 5875 Sunset Drive Page 6 of 15 W.M.Dowling, his wife Malissie and their daughter Birdie Cothran. The other two apartments were probably rented out. This building was constructed on the eastern portion of this very large, triangular lot. in 1925, Dowling had granted a 99 -year lease on the western end of the lot to the Seaboard Oil Company of Ohio, 14 which built a gas station there. Seaboard bought the land, extending approximately 86 feet along Sunset Drive, in May, 1928. In the deed, the Dowlings reserved the right. to construct a stairway, four feet wide or less, "at the east end of the property conveyed, leading into the building now standing. 75 This stairway still stands at the west end of the Dowling Building, giving access to apartment 5 from both the front and rear of the building. Also in May of 1928, the Dowlings sold their interest in the rest of Lot 1 to J.Bryant Janes, of the realty company. William Dowling died the following October. In 1931, J.B. Janes returned his share of the property to Malissie Dowling. In 1941, she added to this property a 10- foot -by 80 -foot strip of Lot 2, owned by Omar E. Stang, to create an alley on the east side of the Dowling Building. In 1944, Malissie conveyed her interest in the property to her son -in -law J. Bruce Hayden, making him the sole owner at that point. He sold the property to Joseph R. Ott in 1957,16 when it finally left the possession of the Dowling family. III. ARCHITECTURAL DISTINCTION Based on archival photographs, both the 1914 Opsahl store and the 1926 Dowling Building can be classified as Commercial Masonry Vernacular structures. "Vernacular" is a non- academic architectural style, whether in wood frame or masonry, that depends on the skills of the builder rather than applied decoration. The Opsahl store is quite plain, except for its five - tiered stepped -down side parapet, and its exterior surface of rusticated cement blocks: Rusticated cement blocks could be used in construction without the need of other surface finishes. These blocks which may appear as stone to the untrained eye are made by pouring the cement mixture into metal molds, hand - beaten to produce their rough -cut stone look. Rusticated blocks were popular prior to 1920.17 11 Dade County Deed Book 701, Page 235. 15 Dade County Deed Book 1215, Page 516; Book 1437, Page 20; Book 2162, Page 429; Book 2384, Page 411; Official Records Book 13, Page 486. ' Metropolitan Dade County; From Wildemess to Metropolis, p. 178. City of South Miami Historic Designation Report 5875 Sunset Drive Page 7 of I5 The 1926 Dowling Building is more elaborate. It was originally surfaced in rough stucco, and had a curved and creneliated front parapet wall, with a single row of Mission -style clay barrel file on the east side (but oddly, not on the west). On the south elevation, a screened sun porch projected out over the sidewalk arcade. The storefronts here are unevenly spaced, and are interrupted by an entry into the interior stairwell near the east end of the arcade. At the west end, an exterior stairway of masonry leads up to the second floor from two directions. The side parapet walls still have their original five step- downs, and many of the windows on north and south elevations are still double -hung wood sash type. A realty sales brochure for this building from 1952 gives this description of it at that time: Concrete block reinforced 2 -story building with 3 stores on ground floor and 5 apartments on the second floor, plus a long sun porch approximately 12 x 65 over the Sunset Drive Arcade. The building is in spotless condition, having been freshly painted, and the hallways are carpeted on the second floor. The commercial tenants in 1952 were a grocery store and a beauty shop. Upstairs, the owner had an eight -room apartment (the original apartment 5), and rented out the four smaller apartments for $50 -$65 per month. The building was offered for sale, furnished, for $105,000. The brochure includes photographs of an aerial view, the front and rear facades, and an apartment interior. The front view shows that the original screened porch above the arcade had been enclosed with jalousies by his time, but the single row of barrel file is still visible on the east end of the parapet. The rear view shows the one -story angular storefront that projects out to U.S. 1 from the west wing of the building, and an exterior stairway on the east wing. Later building permit records show several remodels, mostly of the store interiors, but plans and details are generally not available. A major project in 1994 (94- 9534) converted the four apartments in the east wing into offices and also updated the front facade. It was at this time that the louvers on the sun porch were replaced with the present window configuration, and vinyl awnings were added. It was probably also at this time that the front projection lost its crenellations, its surface was smoothed, and the archways of the arcade were reshaped. The rear elevation of the east wing was also remodeled, giving it a new exterior stairway, rounded doorways, and an elaborate curved parapet not seen in the 1952 photograph. City of South Miami Historic Designation Report 5875 Sunset Drive Page 8 of 15 IV. ELIGIBILITY FOR DESIGNATION The building at 5875 Sunset Drive appears to meet the following criteria for significant structures contained in the South Miami Land Development Code, "Historic Preservation Standards:" (a) Possess integrity of location, design, setting, materials, workmanship, feeling and association Still in its original location and maintaining its 1926 design, including a rough- stucco exterior, wood -frame sash windows, wooden interior stairs and flooring, and arched sidewalk arcade, this building still evokes the past despite the modernization of some of its facades. (b) Associated with events that have made a significant contribution to the broad patterns of our history As a commercial building, located on the town's main street, that was enlarged and embellished in 1926, the year South Miami was incorporated, and that housed a realty office at that time, this building played an integral role in both the early development of South Miami and the Florida Land Boom of the 1920s. (c) Are associated with the lives of persons significant in our past The Dowling Building is associated with several prominent Larkins pioneers, particularly the Opsahls and the Dowlings. It was also owned and /or occupied by J.Bruce Hayden and J.Bryant Janes. When the town of Larkins was incorporated as South Miami in 1926, Hayden was a member of the Incorporation Committee, and Janes was one of the first councilmen.1$ (d) Embody the distinctive characteristics of a type, period, style or method of construction or work of a master, or that possess high artistic value or that represent a distinguishable entity whose components may lack individual distinction The Dowling Building is a prime example of Commercial Masonry Vernacular architecture, a predominant style in 1920s South Florida but scarce today. Its arched street front arcade and sun porch, curved parapet wall and rough stucco surfacing are typical characteristics. It would be interesting to explore whether any of the rusticated blocks of the Opsahl store exterior still remain beneath the stucco surface. t8 Tevis, or). cit. p.26. City of South Miami Historic Designation Report 58'75 Sunset Drive Page 9 of 15 V. DESIGN REVIEW GUIDELINES in accordance with the procedures set forth in Section 20.5.19 of the City's Land Development Code, any building permit for exterior alteration, renovation or demolition of an existing structure which is designate historic, or is within a designated historic district shall first require the issuance of a Certificate of Appropriateness (COA). The COA is issued after a review by the historic Preservation Board and City Commission. The Historic Preservation Board shall adopt and may, from time to time, amend the standards by which applications for a Certificate of Appropriateness may be evaluated. In adopting these guidelines, it shall be the intent of the Board to promote maintenance, restoration, adaptive uses appropriate to the property, and compatible contemporary designs that are harmonious with the exterior architectural and landscape features of neighboring buildings, sites, and streetscapes. General: The Secretary of the Interior's Standards for Historic Preservation Projects with Guidelines for Applying the Standards (1979), and as it may be amended. Specific: two -story front arcade with six rounded arches • rough stucco exterior walls curved and creneilated parapet on south elevation double -hung sash windows open stairway at west end of building • interior stair entrance on Sunset Drive NOTE: Regardless of any references in this Designation Report to the interior of the Dowling Building, including, but not limited to, the configuration and finishing (i.e. type of flooring) of the interior, the recommended historic designation is limited to exterior features of the Dowling Building. Any reference to interior elements is for informational purposes only and is not intended to be included in any ordinance or resolution relation to the historic designation of the property of the Dowling building thereon. City of South Miami Historic Designation Report 5875 Sunset Drive Page 10 of 15 BIBLIOGRAPHY AncestryPlus online: U.S. and Florida Census Records Building Permits: City of South Miami, Planning Department. Deeds and Platbook Records: Miami -Dade County Clerk Archives, Miami. Metropolitan Dade County; From Wilderness to Metropolis, 2nd Edition, Office of Community Development, Historic Preservation Division, 1992. Polk's City Directories, Greater Miami, various years. Redding, Susan Perry; "South Miami," in Miami's Historic Neighborhoods, Historical Publishing Network for Dade Heritage Trust, 2001. Tevis, Paul U.; History of the City of South Miami, self - published, circa 1966. - -- Carolyn Klepser, researcher April 14, 2010 City of South Mianli Historic Designation Report 5875 Sunset Drive Page I I of 15 ff31y{..ag 'w�sb }ui�f�lJh�x? 5 P "'MAs77 *�w ��•+war Ky: e:��.�.c'�,,.�i kLLi �%maQk. SYLi.c, ro.,J�p��r E+=•. s�n� iM1•4.. F., 1!✓k'`W�k'r wts N<2WVe. � ' ?JrZk a..J (,31-j3� �1'MiF •:li.'<.�v,,"t"cy,�, 5�� fJed�e. / 9LG.air. F�NwA.�g r�(86'Z- $3 %°i9o•5', 5875 Sunset Drive, Circa 1927 City of South Miami Historic Designation Report 5875 Sunset Drive Page 12 of 15 5.. 'w�sb }ui�f�lJh�x? 5 P "'MAs77 *�w ��•+war Ky: e:��.�.c'�,,.�i kLLi �%maQk. SYLi.c, ro.,J�p��r E+=•. s�n� iM1•4.. F., 1!✓k'`W�k'r wts N<2WVe. � ' ?JrZk a..J (,31-j3� �1'MiF •:li.'<.�v,,"t"cy,�, 5�� fJed�e. / 9LG.air. F�NwA.�g r�(86'Z- $3 %°i9o•5', 5875 Sunset Drive, Circa 1927 City of South Miami Historic Designation Report 5875 Sunset Drive Page 12 of 15 5875 Sunset Drive, Circa 1952 City of South Miami Historic Designation Report 5 875 Sunset Drive Page 13 of 15 �i � �� �.. 3 � _ ...� .. �� ..n .. ._ CITY OF SOUTH MIAMI HISTORIC DESIGNATION STATUS REPORT 2004 -2010 Properties Designated Cambridge Lawns Historic District (Ordinance No. 12 -04 -1819, Oct. 5, 2004) ( 30 Buildings) Residence- 5625 SW 62 Ave. (Ordinance No. 13 -04 4820, Oct. 5, 2004) Amster Properties (Dorn Brothers' Buildings) (Ordinance No. 28 -05 -1850 August 16, 2005) 5900 -04 Sunset Dr. Residence, Marshall Williamson House 6500 SW 60 Ave. Shelley Building -5837 Sunset Dr. D.J. Red Building- 5850 Sunset Dr. Residence, 6925 SW 63 Ct. Commercial Building 5800 Sunset Dr, Commercial Building 5893 Sunset Drive Crossroads Building 5700 Sunset Dr, Residence 5730 SW 49s' Street Bougainvillea Tavern, 7221 SW 58 Ave. (Ordinance No, 12 -06 -1880, April 18, 2006) (Ordinance No. 13 -06 -1881, April 18, 2006) (Ordinance No. 28 -06 -1896, December 5, 2006) (Ordinance No. 26-06-1894 December 5, 2006) (Ordinance No. 08-07-1909 April 3, 2007) (Ordinance No, 32 -07 -1933 Dec. 18, 2007) (Ordinance No 4 -08 -1939. January 22, 2008) (Ordinance No. 8-08-1943- March 18, 2008) (Ordinance No 20-1-2045- September 7, 2010) Designations In Process Commercial Building (Dowling Building) HPB October 25, 2010; PB 11-9-10 Designations Not Approved Allen's Drug Store- 4000 SW 57 Ave. (Denied by City Commission, 4 -4 -05, 3 -4 -08) Bougainvillea Tavern/ Hanging Basket -. (Denied by HPB on March 20, 2006) Residence -6133 SW 63 Terra (Deferred by City Commission, April 18, 2006) Residence- 6151 SW 63 Terr. (Denied by City Commission, December 5, 2006) Residence - 7709 SW 67 Ave. (No action taken HPB Apri13Q 2007) Residence 5731 SW 50' Street. (Denied by HPB May 29, 2007) Residence 7121 SW 63 Ave. (Approved by HPB on August 31, 2009) . (Denial by Planning Bd on Sept. 29, 2009) (Denial by City Commission on Dea8, 2009) *Historic Designations Made in Prior Years George Orr Estate -6463 Sunset Dr. — Ordinance No. 13 -88 -1307 (Sept. 6, 1988) Sylva Martin Building — 6150 Sunset Dr. — Ordinance No. 5 -89 -1418 (March 17, 1989) X.'TBTB Agendas Staff Repons\2010 Agendas Staff Reports\11- 9- 10\Designation Status 2004.2010.doc South .Miami Al ! Am IIII1® 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Date: November 97 2010 Planning Board Members From: Thomas J. Vageline, Director j� RE: LDC Map Amendment - -HP -OV Planning and Zoning Depart t (Historic Designation) 5875 Sunset Dr, PB -10 -039 (HPB40-003� Applicant: City of South Miami (Historic Preservation Board) An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by designating a commercial building located at 5875 Sunset Drive (aka The Dowling Building) as an historic site and by placement of an Historic Preservation Overlay Zone (HP -OV) over the existing zoning use district for this property; providing for severability; providing for ordinances in conflict; and providing an effective date. SUMMARY The Historic Preservation Board at its October 25, 2010 meeting reviewed an historic designation report for a commercial building located at 5875 Sunset Drive (aka The Dowling Building) and recommended that this building be designated an historic site. APPLICABLE REGULATIONS The Land Development Code (LDC) provides that an historic designation recommendation must be enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is superimposed as an overlay over the existing underlying use zone. The procedures in the LDC require the Planning Board to hold a public hearing on all designations recommended by the Historic Preservation Board. (Section 20- 5.17(E). Following action by the Planning Board the designation will be converted into ordinance format and placed before the City Commission for final approval. DESIGNATION STATUS The City of South Miami has designated a total of 44 buildings as historic sites. Attached is a status report of historic designations in the City. It is important to note that 9 commercial buildings in the Hometown District have been designated historic. HISTORIC PRESERVATION BOARD ACTION The attached Designation Report for The Dowling Building was approved by the Historic Preservation Board at its October 25, 2010 meeting by a vote of 7 ayes 0 nays. LDC HP -OV Rezoning November 9, 2010 DOWLING BUILDING HISTORIC SIGNIFICANCE The historic designation of the building at 5875 Sunset Drive is part of a series of downtown buildings recommended for designation by the Historic Preservation Board. It is important to note that the tavern building is identified in the "Hometown Plan" (1993) as one of ten "contributing buildings" having significant historic value which should be preserved. Two of those buildings have been demolished and the remaining eight have been designated historic or are in the process of being designated. The Designation Report contains a detailed history of the building and includes photographs. The attached designation report describes the architecture of the building (pp.7 -8). The City's preservation consultant determined that the structure meets four of the criteria for historic designation (p.9). STAFF OBSERVATIONS (1) The building at 5875 Sunset Drive is identified as a "contributing building" in the Hometown District Plan and Overlay District report. (2) The Designation Report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site designations. (3) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the City of South Miami Comprehensive Plan: • Objective 1.2 Preserve historic resources by Weriencing no demolition or reconfiguration of specified resources .11.11.12" (4) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval is made by the Historic Preservation Board, with any appeals to that decision made to the City Commission. The Designation Report contains a section entitled Design Review Guidelines (p. 10) which establishes architectural guidelines for the review of future certificates of appropriateness. (5) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's underlining SR(HD -OV) Specialty Retail, (Hometown District Overlay) zoning district. RECOMMENDATION It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 5875 Sunset Drive (The Dowling Building) be approved. Attachments: Designation Report Designation Status Report Public notices TJV//SAY XA PB\PB Agendas StaffReports=10 Agendas Staff Reports111-9- 10TB -10 -039 5875 Sunset HP -OV Reportdoo .: 2 CITY OF SOUTH MIAMI Planning Board Regular Meeting Meeting Minutes Tuesday, November 9, 2010 City Commission Chambers 7:30 P.M. EXCERPT- HISTORIC L Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:36 P.M. The Pledge of Allegiance was recited in unison. zz. Roll Call Action: Chair Yates requested a roll call. Board members present constituting a quorum: Mr. Cruz, Mrs, Young, Mr. Morton, Mrs. Yates, and Mr. Whitman. Board members absent: Mrs. Beckman and Mr. Farfan. City staff present: Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis (Planning & Zoning Consultant), Mr. Marcus Lightfoot (Permit Facilitator) and Lourdes Cabrera - Hernandez (Principal Planner). City Attorney: Mr. Laurence Feingold PB -10 -039 (HPB -10 -003) Applicant: City of South Miami (Historic Preservation Board) An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by designating a commercial building located at 5875 Sunset Drive (aka The Dowling Building) as an historic site and by placement of an Historic Preservation Overlay Zone (HP -OV) over the existing zoning use district for this property; providing for severability; providing for ordinances in conflict; and providing an effective date. Action: Mr. Morton read the item into the record. Planning Board November 9, 2010 Page 2 of 2 Mr. Vageline commented that the item is a recommendation to apply an Historic Designation on a parcel of land. The Dowling Building is located at 5875 Sunset Drive and was approved by the Historic Preservation Board by a vote of 7 ayes and 0 nays for designation. The Historic Designation Report was attached in order to inform the Board about the characteristics of the Building. This building is one of the oldest commercial buildings in the downtown area. The Chair opened the public hearing. NAME ADDRESS SUPPORT /OPPOSE PROJECT Ryan Bailine 201 S. Biscayne Blvd # 1500 Oppose Mr. Bailin representing the owner, commented that this was a matter that was deferred for several months and it was brought to the Historic Board's attention that the interior modifications are not covered by the ordinance. He requested that the Board remove a few of the references of the interior changes. Mr. Bailin commented that rather than nitpick the report the client proposed a general statement to be at the very end of the report on page ten. This statement would clarify that the interior of the building is not subject to any historic review. Mrs. Young questioned why the Ianguage was proposed at the end. Mr. Bailine responded that this language is not controversial. He commented that the client is in support of staff's recommendation and the designation. Mrs. Young requested that she would like to see the origin of the document and the date prepared. She commented that another correction to the document would be the word Dowling Building in the last sentence. Mr. Youkilis informed the Board that the Historic Preservation Board members understood that interior renovation is not subject to a review process. Mr. Morton questioned if the client could provide a written statement to be included in the report. The Chair closed the public hearing. Motion: Mr. Cruz moved to approve the application with the condition that the proposed new language suggested by the applicant's representative be added to page ten. Mrs. Young seconded. Vote: 5 Ayes 0 Nays Mrs. Yates informed the Board that the item will be placed on the City Commission agenda on December 7, 2010 for first reading. TJV /SAY X:\Commltems\2010\12-7-IM.Minutes.Excerpt - Historic 11.9.2010.doc CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES MONDAY, October 25, 2010 City Commission Chamber 7:30 P.M. EXCERPT I. Callao order: Ms. Shelly called the meeting to order at 7:30 p.m. I1. Roll Call: Roll call was performed. Board members present constituting a quorum: Ms. Shelley, Mr. Hochstim, Ms. Clyatt, and Mr. Kurtzman, Ms. Lahiff, Ms. Dison and. Mr. La Monica. Board members absent: Mr. Ruiz de Castilla. City staff present: Thomas J. Vageline (Planning & Zoning Director), Lourdes Cabrera - Hernandez (Principal Planner), Sanford Youkilis (Consultant) and Alerik Barrios (Board Secretary). VI. HISTORIC DESIGNATION: HPB -10- 003.5875 Sunset Drive (Dowling Building • Review of Historic Site Designation Report* • Public comments • Designation action Mr. Youkilis informed the Board that the Designation Report for the building contains sections on historic context of the building, the history.. of the persons associated with the building and the architectural distinction of the building. The report ends with the eligibility for designation recommended for designation by the Historic Preservation Consultant and staff. The item has been deferred several times since February 2010 and the applicant requested certain documents be provided to him. The designation process does not need a public hearing. The Board may consider the recommendation of staff and professionals on the Designation Report. The next step after the Board's action is converting it into a zoning map change and then the City Commission reviews the item. Staff recommended approval. Mr. Ryan Bailin representing the property owner requested that the item be deferred. He commented that they maintain their position on the intern and are willing to work with staff on minor adjustments. The item came before you in July, the information that was provided was correct, but one issue that is unresolved is the legal description. Under the Land Development Code, the report must include a signed and sealed survey by a registered surveyor and it Page 2 of 3 wasn't until a couple of days ago that the staff provided the applicant with the report. He commented that the legal description of the survey is not the same as the designation report. In response to the issue, staff provided a letter dated October 18, 2010, stating that the legal description contained in the Designation Report is correct and matches the records of the County property appraiser. Mr. Bailin commented that he printed out the property appraiser's legal description and it is not the same on the survey. He informed the Board he does not mind working with the staff on fixing the gap in the legal description. Mrs. Shelley questioned what the remedy for the issue is. Mr. Bailine responded that the applicant would like the report to contain the correct legal description and once the correction has been made they are willing to work with staff. Mr. Kurtzman commented that there is no difference between both legal descriptions. Mr. Bailine agreed and commented that to correct himself the property appraiser's description and the one in the Designation Report are the same but do not match the survey. Mr. Kurtzman questioned the outside staircase on the property. Mr. Bailine responded that the answer cannot be given since there is no accurate survey and there is also no agreement on maintaining the staircase. Mrs. Shelley questioned if the survey has to be done by the City. Mr. Youkilis responded that according to the Land Development Code, the Historic Designation Report does not need to include a current survey. It does not say that the survey needs to be done, but the only thing included is the legal description. He commented that the City needs to use the Miami -Dade County legal description from the property appraiser's office. Mr. Robert Barron (managing agent for the owner of the building) discovered that there was a missing parcel which was purchased in 1970. In order to clear it up, there needed to be a law suit filed. He commented that there will always be a cloud if the survey is not corrected. Mr. Barron stated that he will meet with staff to go over technicalities and if a survey is needed then the city needs to pay for it. Mr. Barron commented that a section of the building, interior woodwork and floors, should not be considered historic since it was changed. Mr. Hochstim commented that if the original parts were modified the new changes need to be in harmony with what is currently there. When making changes to the building, the building does not need to resort back to the original appearance. He commented that the Board would not require remodeling to look as it was back in 1926, but to what the Board thinks it should look like. Mr. Youkilis commented that the Board only reviews exterior work not interior. Mr. Bailin then requested that the last sentence on p.10 referring to "original woodwork and floors" be removed. Staff agreed and recommended removing the wording in the report of the wood floors. Page 3 of 3 Mofion: Mr. Kurtzman moved to approve the proposed designation with the change in the Designation Report on page 10 to remove the reference to preserving interior wood floors. Ms. Clyatt seconded. Vote: 7 Ayes 0 Nays Mr. Youldlis commented that this item will proceed to the Planning Board, but the date has yet to be determined. The owner will be informed of when the item is to be before the Planning Board. XAComm Items\ 2010\ 12- 7- 10\Mstoric.Minutes.Excerpt 10.25.2010.doe (�14 ow�zto CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuestlay. JOnuary 4. 2041, beginning at 7:30 p,m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20.7.51 entitled "Special excaptions" in order to revise the wording in Section 20.7.51(D) to replace the word "development" with the word "new construction" for the purpose of clarifying when the time limitation begins for development projects which have been granted a special exception in the Hometown Overlay Zone (HD -OV); providing for severablitty; providing for ordinances in conflict; and providing an effective date. An Ordinance of the Mayor and City Commission of the City of South Miami,. Florida, amending the Land Development Code Section 20.3.3(D) entitled "Permitted Use Schedulo" in order to permit a community garden as a "S' Special Use in the g0 TODD(L44)' Transit Oriented Development District f64M4ndueW" zoning use district; and amending Section 20 -2.3 entitled 'Definitions" to provide a definition of a community garden; providing for saver. ability; providing for ordinances in conflict; and providing an effective date. An Ordinance of the Mayor and Cit y Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami land Development Code by designating a commercial building located at 5875 Sunset Drive (aka The Dowling Building) as an historic site and by placement of an Historic Preservation Overlay Zone (HP -OV) over the existing zoning us district for this property; providing for severability; providing f r ordinances in conflict; and providing an effective date. An ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20 -3.3 (D) of the Land Development Code entitled "Permihed Use Scheduto` in order to: change the existing "School, Elementary or Secondary° use category and the existing "School, Vocational' use category from "P" Permitted use category to'S" Special Use category; to create a new use type entitled "School, Private or Charter' with all development in the new "School, Private or Charter" use category being classified as an *S" Special Use; and amending Section 20.3.4 entitled 'Special Use Conditions' in order to set forth general and special requirements applicable to all three school use categories; providing for severability; providing for ordinances in conflict; and providing an effectivedate, An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to budget; authorizing an increase of expense line hem 615- 1910 - 521.5205 (Federal Forfeiture Computer Equipment) of $53.336.80, from the Federal Forfeiture Fund Balance with a balance of $242;&k1:02, 13 25.72E W, providing for severability, ordinances in conflict, and an effective date. An Ordinance of the Mayor and the City Commission of the City of South Miami, Florida relating to the fee schedule; amending ordinance 21-09 -2013 as amended by ordinances to, increasing some fees, adding new fees and deleting some lees from the schedule, providing for severability, ordinances in conflict, and an effective date. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to purchase mapping software from USA Software Inc, for a total cost of $15,000.00 to be paid at $5,000.00 per year for three years and charged to account number 608.1910.521.3450 (State Contractual Services) providing loran effective date. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to issue a Purchase Order to Sun Recycling, LLC for the recycling of the City's yard waste in the amount of $135.714.75 to be charged to Public Works Refuse Disposal Fee - Recycling Account Number 001- 1720 -534 - 4341; providing for an effective date. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute an agreement with the firm of Gila, LLC d/bW Municipal Services Bureau (MSS) providing debt collection services for a fee based on a percentage of the principal amount owed to the City, twenty -two percent (22 %) for primary collection services and thirty percent (30 %) for secondary collection services, and collecting the same as part of the total payment due from the debtor. This agreement shall be for the duration of an initial one (1) year period with four (4) one (1) year option to renew periods for a possible total term of five (5) years, and providing an effective date. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305. 663 -6340. Maria M, Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 12!17 10- 3- 143/1620138M SE Information about these and other vVedn activities. I ` Duplicate Bridge at Temple Beth days Am, 5950 North Kendall Dr PI ISId9I newest. 305- 667.6667 ext 203' `.' ation; 'Introduction to duplicate! 9 a.m .follow Monday; $5. 1 pf'esei `Advance beginner lessons, 9:30 : and R am Tuesday; $10. ''Wedn 'Intermediate lessons 9:30 a.m:,; 7445 SUNDAY, DECEMBER 26,' �' - �'frea for members�c 1-4b In Mon '.:raft reservations re CITY ®E CCl99iE��°, CIC NOTICE IS�REREBY given that rife qty , COmmssion ef.kfr? Cii'y of; Hearings at Its' fegular CRY C0 s:sron trieeRing echeiluleti T, 'r Zti 7:30 p.m.; following the SMCRA meeting In the Oily Commission Cii the following item(s); An Ordinance amending the Lantl Development Code SecUOn 3i An Ordinance amending Ina ordertopermit a community District (Light Industrial 4) zc a definition of a communal providing an effective date:, An Ordinance relating ro a Development Code by desil Building) as an historic site existing zoning usa dtshiictI An'.ordiriance to amend :s Schedule" In order to the existing "School, Vocal)ona to create.a:new use;type;e Private or Chaffer' use cat entitled "S,peciai USe;Cond three'schbol use cafe gories An Ordirtatice relating to,bu. Forfeiture Computer EqulP 4$212,643.03, 125 .258 An Ordinance relating,foiht increasing some Nei addii order to set fort hbriting an inCre2 $531336.80, from )l 95SE nple Meno- a asityI ' d up Fed a.,.:. ✓j ar rg idut� Public ieginriigg ai tc cons don ptwns in; solid new':, r. ads <_' chedule ")n :velopme0 %n: 5nnict; en, d;;?,, il lan is DoWitna' V) ovarthe. V Y nittad us'6 c acateg5iy; tion ;able f expense line item 615 1910,628 5205,(Federal 7ederaW64414re Fund Balahbe Wdh a: balange anoe 21 09 201'3 as amended by ordmanees fo, '. ieasfrom.the schedule ;.',: '.W �' A Reaolution authorizing the qty Manager to pdrehaze mappigg software irortf USA'5oaware Inc;tor a total cost of $16,000.00 to be paid at $5,000.00 per year for three years and charged to account number 668- 1910- 521- 3450.(State Contractual Services) .'.' A Resolution authorizing the City Manager to )ssue a Purchase Ordei to Sun Recyctlng LLC for the - recycling of the City's yard waste in the amount $135,714.75 tb be charged to Public Works, Refuse • Disposal : Fee - Recycling Account Number 00117211 ;534- 4341.." A Resolution authorizing the City Manager to execute.an agreement with the firm of''.Glet,. LLC.d /b /a7 Municipal Services Bureau (MSB) providing debt 00IN tioh services 'tor, m fee based on a_ percentage of the principal amount owed to the City, twenty'two percent (22 %f for primary coileptien seMcas and thirty percent (30 %) for secondary collection service's, and collecting the same as part of'ihe fgial p'aymenidua from the debtor. This agreement shall beforthe duration of aginitial one (1) year period,with four(4)one(1) year.option to renew periods fora possible total term of five (5) years: A Resolution off the'Maifor, and City Commission of the'City of South Miami -Mrida authbrizng, the • City MeInager.tc finance up; to thirty eight (38) multi -space parking' stations for an amount not to exceed ''$420,000 and accepting, the interest rate of 2.355% wah no prepayment penaity through SunTrust Bank charging Debt Servrvice- Principal Account. No. 001,1490:513.7110 and Debt Setvide;intered Account No 001.1470.513.7210; and providing an effective date. ... . For further Information, pleas'e.ocntddffte itYClork`e off too at (305)663 -6,349 - ALL interested parties are Invited to attend and Will be heard. `.Maria M. Menendez .CMC .. . .. .City Clerk .. ... ipersonmayneedtoensure averoaarnrowi��, ipad.vrtrieh the app¢ai I's to be based.