03-04-08 Item 16To:
Via:
From:
Date:
South Miami
AD- AmedcaCi4
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
The Honorable Mayor Feliu and Members of the City Commission
Ajibola Balogun, Interim City Manager
Julian Perez, Planning Directo
March 4, 2008
ITEM No.
Subject:
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
ALLEN'S DRUG STORE, LOCATED AT 4000 SW 57 AVENUE AS AN HISTORIC SITE AND
BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER
THE EXISTING ZONING USE DISTRICT FOR THE PROPERTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
Background
The Historic Preservation Board at its December 26, 2007 meeting reviewed an historic designation report
for the commercial building located at 4000 SW 57 Avenue, aka Allen's Drug Store building. Following
a public hearing, the Board adopted a motion recommending that this building be designated an historic
site.
The Land Development Code 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 land development code (LDC)
require the Planning Board to hold a public hearing on all designations recommended by the Historic
Preservation Board. (Section 20- 5.17(E))
Historic Significance - Allen's Drug Store Building
The designation of an historic site requires that the Historic Preservation Board approve a Designation
Report which sets forth the history of the building and the architectural significance. Attached is the
Designation Report which was approved by the Historic Board after a public hearing at its December 26,
2007 meeting. The report contains a detailed history of the site and includes photographs of the building.
The designation of the building is based upon it being a classical example of Art Moderne architecture
and its role in the development of the City of South Miami. The attached designation report describes in
detail the significance of this building (pp. 6- 8).The Designation Report contains a section (p.9) entitled
Design Review Guidelines which establishes architectural guidelines for the review of future certificates
of appropriateness.
Legislative History
The Historic Preservation Board in December 2004, the Board adopted a motion recommending that this
site be designated an historic site. The Planning Board in January 2005 also voted to recommend approval
of the designation. The City Commission conducted a public hearing on the proposed designation at its
April 4, 2005 meeting and then voted 3 ayes 2 nays to approve the designation. However, the designation
ordinance was not adopted because the Code (Section 20- 6.1(13)) requires four affirmative votes if a
written opposition statement was filed with the City Clerk protesting the proposed rezoning. The property
owner did file a protest against the designation.
Historic Preservation Board Action
The historic designation of 4000 SW 57 Avenue was approved by the Board at its December 26, 2007
meeting by a vote of 5 ayes 0 nays.
Planning Board Action
The Planning Board at its January 31, 2008 adopted a motion by a vote of 4 ayes 2 nays recommending
that the historic designation be denied.
Recommendation
It is important to note that the property owner, through counsel, has filed a protest letter with the City
Clerk expressing opposition to the proposed designation.
It is recommended that the historic designation and the placement of an "HP -OV" district over the
existing zoning district for the building at 5700 Sunset Drive be approved on first reading.
Backup Documentation:
Draft Ordinance
Designation Report -
Planning Department Staff Report, 1 -31 -08
Excerpt Planning Board Minutes 1 -31 -08
Excerpt Historic Preservation Board 12 -26 -08
Mail Notice to applicant
Communication from property owner opposing designation 2 -27 -08
Public notices
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ORDINANCE NO.
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 (AKA ALLEN'S DRUGS) LOCATED AT 4000 SW 57th AVENUE
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 -08 -006 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
located at 4000 SW 57 Avenue (aka Allen's Drugs); and
WHEREAS, the Historic Preservation Board at its December 26, 2008 meeting reviewed a
Designation Report for 4000 SW 57th Avenue and voted 5 ayes 0 nays to recommend 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, the Planning Board, at its January 31, 2008 meeting, after a public hearing
regarding the application of the HP -OV zoning to 4000 SW 57th Avenue, recommended by a vote of 4
ayes and 2 nays that the designation be denied; and
WHEREAS, the City Commission desires to accept the recommendation of the Historic
Preservation 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 (HP -OV) zoning district over the existing underlying zoning use district for
property identified as the 4000 SW 57th Avenue as shown and legally described in the attached
Designation Report.
Section 2. That the Designation Report for the building at 4000 SW 57th Avenue, as prepared by
the South Miami Planning Department is identified as Attachment "A" and is attached to and made part
of this ordinance.
Section 3 The Design Review Guidelines set forth in the attached Designation Report and the
criteria in the Land Development Code pertaining to the issuance of a certificate of appropriateness will
be used if a building permit affecting the exterior of the structure is ever requested for the designated
property at 4000 SW 57th Avenue.
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(2)
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.
Section 6. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
1 st Reading —
2nd Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2008
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner: Palmer:
Commissioner Beckman:
Attachments
Attachment "A" Designation Report for Allen's Drug Store at 4000 SW 57th Avenue
E: \Comm Items\2005\2- 15- 05\HP -OV Desig Allens Drugs Ord..doc
ALLEN'S DRUGSTORE
4000 SW 57thAVENUE
SOUTH MIAMI, FLORIDA
Designation Report
Prepared by: Ellen J. Uguccioni, Cultural Resource Consultant
City of South Miami Planning Department
City of South Miami
Proposed Historic Site Designation — Allen's Drugs
4000 SW 57th Avenue
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TABLE OF CONTENTS
General Information ................... ..............................4
Statement of Significance ........... ..............................5
Contextual History .......... ............. ..............................5
Architectural Distinction .............. ..............................7
Eligibility Criteria ......................... ..............................8
Design Review Guidelines ........... ..............................8
Bibliography.......................... ............................... 10
Photographs.......................... ............................... 11
City of South Miami
Historic Designation Report for
4000 SW 57th Avenue' (Allen's Drug Store)
Page 3
I. GENERAL INFORMATION
Historic Names:
Store Building for William Segal
Current Name:
Allen's Drug Store
Location:
The southwest corner of Bird Road and SW 57th Avenue (Red Road)
Present Owner:
Matthews - Jacobs Investments LC
5262 Mission Hill Drive
Tucson, Arizona 85718
Present Use:
Retail (Stores)
Zoning District:
Retail
Tax Folio Number
09- 4024 - 006 -0050
Boundary Description
Lots 11 through 14 less the east ten feet and north twenty feet for right -of-
way, Block 2, and fifteen feet alley lying west and adjacent closed per
ordinance 33-92 -1527, Westerfield Manor Subdivision, as recorded in Plot
Book 18 -47 of the Public Records of Miami -Dade County, Florida
City of South Miami
Historic Designation Report for
4000 SW 571h Avenue (Allen's Drug Store)
Page 4
II. SIGNIFICANCE
Specific Dates: 1948
Architect: Gerald Pitt
Builder/
Contractor: Gaines Construction Company
Statement of Significance
Allen's Drug Store is a distinctive commercial building that reflects the
architectural trends of the time and that serves as testament to the rapid growth
of the City of South Miami following World War II. Although the building has
received alterations over time, ,principally to the individual storefronts, its general
form and character is substantially intact.
Contextual Histo
During the late 1880s, South Miami was little more than a pioneer enclave of
settlers who established homesteads in the area. When Henry Flagler's Florida
East Coast Railway built an extension from Miami to Homestead in 1904, with
South Miami (then known as The Town of Larkins) as a stop along the way, the
community was poised for its development.
By 1917 the population of the town had reached approximately 350. By July
1918 nine plats had been filed, four of them east of the railroad and five of them
to the west. Much of the land remained in agricultural use.
In March 1926, sixty -nine qualified voters within the proposed corporate limits met
to change the name of their town from Larkins to the City of South Miami. At
that time the boundaries, which covered approximately six square miles, were:
Red Road on the east; Ludlum and Palmetto Road on the west; Bird Road and
Miller Road on the north, and SW 104th Street and North Kendall Drive on the
south.
At that time, South Miami's immediate neighbor to the east was Coral Gables.
The first lots in Coral Gables were sold in 1921, and under the leadership of
George E. Merrick, continued to expand as more and more land could be
acquired. Eventually, even the Larkin's Homestead, located in the vicinity of the
current Cocoplum (Cartagena) Circle, was sold to Coral Gables, and the
development of South Miami moved west.
During the 1920s all of South Florida was caught up in the frenetic activity of the
Florida Land Boom. South Miami was no exception. During these flamboyant
City of South Miami
Historic Designation Report for
4000 SW 57th Avenue (Allen's Drug Store)
Page 5
times there were several buildings of consequence constructed in South Miami
including the. Methodist Church and the Riviera Theater (demolished.)
Residential subdivisions were platted as thousands purchased homes in the area.
The subdivision of Cambridge Lawns, (a City of South Miami Historic District) that
includes modestly scaled homes designed in an English Tudor or Mediterranean
Revival style, was built in 1927. By 1927, the real estate boom had abruptly
ended, and the state of Florida entered into an economic depression even
before the rest of the nation, when the Stock Market collapsed in 1929.
In 1933 the City's population increased to 1,500 residents, but the corporate limits
of the city were reduced to an area of approximately four square miles. In the
book "Florida: A Guide to the Southernmost State" produced by The Federal
Writer's Project under Roosevelt's New Deal and published in 1939, South Miami
was described in this way:
SOUTH MIAMI, 9 miles (1,160 population), originally named Larkins for an
early storekeeper, was given its present name the day after his death.
Several plants here pack tomatoes, truck crops, and citrus for shipment to
market. South of the town are abandoned limestone quarries filled with
clear water and used as swimming pools.
The perception of South Miami as a principally agricultural area would change
dramatically when America began to gear up for its entry into World War II.
South Florida became an enormous training camp for the soldiers who would be
called to battle. By the time the war ended in 1945, the nation once again
experienced economic prosperity, and South Florida was besieged by hundreds
of returning servicemen who made this their permanent home.
The evidence in the growth of the City of South Miami is reflected in its building
permits. In 1936 the city reported the value of new construction at $53,700. In
1948 the total reached $1,764,964 and during the first six months of 1949 the total
was $672, 885.
The corner of Red Road and SW 40th Street (Bird Road) is a major intersection in
South Miami. The one story commercial building at 4000 SW 57th Avenue
occupies an important part of the intersection as it hugs the sidewalk with a zero
foot lot line. The building actually "wraps" around the corner and extends west
onto Bird Road and south onto SW 57th Avenue.
Even though the building was constructed during the age of automobiles, the
Allen's Drug Store building made no accommodation for a parking lot.
Interestingly, there was formerly a trolley car line that ran from downtown Coral
Gables along Bird Road (SW 40th Street) to the Seaboard Airline Railway Terminal
located at Coral Way and 72nd Avenue. The line was the last to be built in Coral
Gables, and was open just five months from January through May 1927.
Although the trolley was discontinued, public transportation by way of bus was
City of South Miami
Historic Designation Report for
4000 SW 57th Avenue (Allen's Drug Store)
Page 6
active along the Bird Road corridor, during the period in which the building was
constructed. Presumably, the absence of a parking lot was testament to the
owner's reliance on public transportation to bring customers into the store.
Over the years, the building has had a number of tenants, with the longest
occupant Allen's Drug Store. Allen's in operation there for over forty years
features a soda fountain and counter reminiscent of the 1950s, when this type of
restaurant was commonplace across the United States. Today however, the
soda fountain is a relic of past times, and Allen's survives as one of the few
establishments that remain successful.
III. ARCHITECTURAL DISTINCTION
Allen's Drug Store, a commercial building with a series of storefronts, was
designed in an Art Moderne style that was popular throughout the nation during
the late 1920s and into the 1940s.
Art Deco and Art Moderne were used to describe products of modern
architecture in the United States. The tem "Art Deco" derives from the Exposition
des Arts Decoratifs et Industriels Modernes held in Paris in 1925. At that exhibition,
artists and architects were prohibited from referencing historical styles. The
design vocabulary invented capitalized on the use of geometry and simple, bold
forms with simplified or stylized ornament to achieve the desired effect. That
effect is one that evokes a sleek, clean form that relies more on geometry than
applied ornament.
Characteristics of the Art Moderne style include:
• Smooth wall surfaces (usually stucco)
• Flat roofs with a small ledge (coping) at the roof line
• Horizontal grooves or incised lines in walls
• One or more corners of the building may be curved
• Windows are frequently continuous around corners
• Glass block is often used for window apertures
• Small round windows are common
The building at 4000 SW 57th Avenue expresses many of these design features.
The focus of the building is at its rounded corner where the main entrance to
Allen's Drug Store is located. A continuous horizontal ledge (or eyebrow)
extends along the length of the building, just above the glass storefronts.
The wall surface above the storefronts is ornamented with intermittent panels
that feature vertical score lines. The parapet wall, (the edge of which has
recently been covered with a metal flashing) repeats the horizontal emphasis
established by the eyebrow detail, as it too extends the length of the building.
City of South Miami
Historic Designation Report for
4000 SW 57th Avenue (Allen's Drug Store)
Page 7
The glazing for the building consists of fixed glass panels that reinforce the
simplicity of the design.
Art Deco and Art Moderne commercial buildings are also known for their use of
neon signage. Some of the most elaborate neon signs were produced during
the 1940s and 1950s. The Allen's Drug Store signs, particularly the word "DRUGS"
that takes up almost the entire parapet wall at the main entrance on the corner,
is an important design feature that adds to the building's sense of time and
place.
Alterations
There are a considerable number of building permits for minor alterations to the
building. The majority of the permits are for signage, and minor storefront
alterations that occurred as the tenants changed. The building continues to
reflect its original form and substance despite these alterations, and is
considered to possess its historic integrity.
Eligibility for Designation
The proposed designation of Allen's Drug Store, 4000 SW 57th Avenue, meets the
following criterion contained in the South Miami Land Development Code,
Section, 20.4.9 "Historic Preservation Standards:"
(a) Districts, sites, structures and objects of national, state and local
importance are of historic significance if they possess integrity of
location, design, setting, materials, workmanship, feeling and
association and:
(b) Are associated with events that have made a significant
contribution to the broad patterns of our history, and
(d) Embodies the distinctive characteristics of a type period, 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
Therefore, the commercial building at 4000 SW 57th Avenue, commonly known as
"Allen's. Drug Store", is recommended for local historic designation.
City of South Miami
Historic Designation Report for
4000 SW 57th Avenue (Allen's Drug Store)
Page 8
Desian 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 designated 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.
In order to assist in the review process for the Commercial Building at 4000 SW
57th Street (Allen's Drug Store) the following design guidelines should be
consulted.
General
The Secretary of the Interior's Standards for Historic Preservation Projects
With Guidelines for Applying the Standards (1979) as may be amended.
Specific:
One story height
Flat roof
Eyebrow ledge above the storefronts
Coping (now metal) detail across the parapet wall
Fixed glass panels
Neon tube signage
City of South Miami
Historic Designation Report for
4000 SW 571h Avenue (Allen's Drug Store)
Page 9
BIBLIOGRAPHY
Bramson, Seth H. Speedway to Sunshine: The Story of the Florida East Coast
Railway. (Ontario: The Boston Mills Press) 1984
Building Permits, City of South Miami, Planning Department
Federal Writer's Project of the Works Progress Administration for the State of
Florida. Florida, A Guide to the Southernmost State (New York: Oxford
University Press) 1939
Hollingsworth, Tracy. The History of Dade County, Florida (Coral Gables: Glade
House) 1949.
Interview between Alvin Samet, (local transportation authority,) and Ellen J.
Uguccioni, November 24, 2004
Redding, Susan Perry. "South Miami" in Miami's Historic Neighborhoods
(Miami :Dade Heritage Trust) 2001 pp. 109 -11
Tevis, Paul U. History of South Miami, manuscript n.d: ( 1971 ?)
City of South Miami
Historic Designation Report for
4000 SW 57th Avenue (Allen's Drug Store)
. Page 10
El
PHOTOGRAPHS
4000 SW 57th Avenue
View looking southwest
Intersection of SW 40th Street (Bird Road) and SW 57th Avenue
View looking south
North and west elevations on Bird Road
City of South Miami
Historic Designation Report for
4000 SW 57th Avenue (Allen's Drug Store)
Page 11
r�.
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View looking west onto Bird Road
East Elevation
November 2004
City of South Miami
Historic Designation Report for
4000 SW 57th Avenue (Allen's Drug Store)
Page 12
South Miami
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INCORPORATED
QV
1927
R VO 2001
CITY OF SOUTH MIAMI
To: Honorable Chair &
Planning Board Members
From: Julian H. Pe
Planning Director
Date: January 31, 2008
RE: LDC Map Amendment —HP -OV
(Historic Designation) 4000 SW 57 Ave.
PB -08 -006
Applicant: Historic Preservation Board — City of South Miami
Location: 4000 SW 57th Avenue
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 ALLEN'S DRUG STORE, LOCATED AT 4000 SW 57
AVENUE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC
PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE
DISTRICT FOR THE PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
SUMMARY
The Historic Preservation Board at its December 26, 2008 meeting reviewed an historic
designation report for the commercial building located at 4000 SW 57 Avenue, aka Allen's
Drug Store building. Following a public hearing, the Board adopted a motion recommending
that this building be designated an historic site.
APPLICABLE REGULATIONS
The Land Development Code 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 land
development code (LDC) require the Planning Board to hold a public hearing on all designations
recommended by the Historic Preservation Board. (Section 20- 5.17(E)).
SUMMARY- LEGISLATIVE HISTORY
The Historic Preservation Board at December 27, 2004 meeting reviewed an historic designation
report for the commercial building located at 4000 SW 57 Avenue. Following a public hearing,
the Board adopted a motion recommending that this area be designated an historic site. The
Planning Board at its January 25, 2005 meeting voted to recommend approval of the designation.
The City Commission conducted a public hearing on the proposed designation at its April 4,
2005 meeting and then voted 3 ayes 2 nays to approve the designation. However, the designation
LDC HP-0V Rezoning
January 31, 2008
Ordinance was not adopted because the Code (Section 20- 6.1(13)) requires four affirmative
votes if written opposition was filed with the City Clerk protesting the proposed rezoning. The
property owner did file a protest against the designation.
The Historic Preservation Board at its August 28, 2006 meeting unanimously adopted a motion
requesting the Mayor and City Commission to re- consider their action on the designation of this
building. The action was forwarded via a memo to the City Manager and the Commission,
however, no further action was taken. Attached is a copy of that memo dated September 14,
2006.
ALLEN'S DRUG STORE BUILDING
The designation of an historic site requires that the Historic Preservation Board approve a
Designation Report which sets forth the history of the building and the architectural significance.
Attached to this staff report is the Designation Report which was approved by the Historic Board
after a public hearing at its December 26 2007 meeting. The report contains a detailed history of
the site and includes photographs of the building. The designation of the building is based upon
it being a classical example of Art Moderne architecture and its role in the development of the
City of South Miami, The attached designation report describes in detail the significance of this
building (pp. 6- 8).The Designation Report contains a section (p.9) entitled Design Review
Guidelines which establishes architectural guidelines for the review of future certificates of
appropriateness.
HISTORIC PRESERVATION BOARD ACTION
The historic designation of 4000 SW 57 Avenue was approved by the Board at its December 26,
2007 meeting by a vote of 5 ayes 0 nays.
STAFF OBSERVATIONS
(1) The designation report and the procedures followed by the Historic Preservation Board are in
accordance with the current LDC regulations governing historic site designations.
(2) 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 .........99
(3) 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 requires a review by the Historic Preservation Board
and final approval by the City Commission. The Designation Report contains a section
entitled Design Review Guidelines (p -9) which establishes architectural guidelines for the
review of future certificates ofappropriateness.
(4) The proposed designation will not require changes to any of the dimensional standards or
permitted uses currently applicable to the area's underlining "GR ", General Retail zoning
district.
2
LDC HP -OV Rezoning
January 31, 2008
(5) The City's preservation consultant concluded that the building is eligible for historic
designation (p.6).
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 4000 SW 57 Avenue, aka Allen's Drug Store
Building, be approved.
Attachments: -
Designation Report
Historic Preservation Board Minutes Excerpt 12 -26 -07
Public notices
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N CO R P O RATED
1927
'ORYA �
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, January 31, 2008
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:41 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Chairman Morton requested a roll call.
Board members present constituting a quorum: Ms. Beckman, Ms. Young, Mr. Farfan,
Mr.. Davis, and Ms. Chael. Absent: Ms. Yates
City staff present: Julian H. Perez (Planning Director), Sanford A. Youkilis (Planning
Consultant), and Lluvia Resendiz (Administrative Assistant)
IV. Planning Board Applications/Public Hearing
B -08 -006 (BPB- 07-012)
Applicant: Historic Preservation Board — City of South Miami
Location: 4000 SW 57th Avenue
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 ALLEN'S DRUG STORE, LOCATED AT 4000 SW 57 AVENUE AS AN
HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION
OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THE
PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Action: Ms. Young read the item into the record.
Mr. Youkilis advised that the item went before the Historic Preservation Board (HPB) at
its December 26, 2007 meeting. Following the public hearing the Board adopted a motion
Planning Board Meeting
January 31, 2008 Excerpt
Page 2 of 4
recommending that the building known as Allen's Drug Store, located on 4000 SW 57
Avenue, be designated an historic site. The item, however, also went before the HPB at its
December 27, 2004 meeting and following that public hearing, the HPB adopted a motion
recommending its designation as a historic site. The Planning Board, then, at its January
25, 2005 public hearing meeting voted to recommend approval of the designation. The
City Commission also conducted a public hearing at its April 4, 2005 meeting and voted a
3 -2 vote approving the designation. The designation was not adopted because Section 20-
6.1(3) of the LDC requires four affirmative votes if written opposition was filed to the City
Clerk. The owner did file an apposition letter with the City Clerk. In August 2006 the
HPB unanimously adopted. a motion requesting the City Commission to re- consider their
action on the designation however, no action was taken. The HPB, then directed staff to
initiate the process for reconsideration of the historic designation. The designation of the
building is based upon it being a classical example of Art Moderne architecture and its role
in the development of the City of South Miami. Mr. Youkilis advised that the attached
report provides in detail the significance of this building. It also contains the Design
Review Guidelines which establishes architectural guidelines. Staff recommended that the
historic designation and placement of an "HP -OV" district over the existing zoning district
for the property located on 4000 SW 57 Avenue.
Mr. Morton questioned the owner's position relating to the designation. Mr. Perez replied
that the owner continues to be in opposition as he was two years ago.
Ms. Alexandra Dias advised she was an attorney representing the owner, Mr. Mathew
Jacobs. Ms. Dias advised that the owner objects to the designation because there is no
evidence supporting the historic designation of the property. The formal historic
designation report which the code requires to substantiate the designation states the
property should be designated because of its architecture. At its December 26, 2007
Historic Preservation Board meeting, Mr. Jan Hochstim, the Board's architect stated that
"The architecture was not significant and should not be preserved because of its
architecture but rather it should be preserved for its memories." If the building is going to
be preserved because of its memories, it is the position of this attorney that it does not
accommodate the standards for an historical designation. Therefore, Mr. Jacobs finds no
evidence to support the historic designation and continues to oppose it. The. evidence has
contradicted itself during the process of this designation discussion. Secondly, it was
observed that Allen's Drug Store was being singled out from other properties surrounding
the area. Ms. Dias advised that there are two tasks the code dictates for a decision making
process; first, is the designation compatible with the Comprehensive Plan and second does
the designation consider the existing zoning. In terms of the Comprehensive Plan there is
an inconsistency due to the referenced property not being in the Comprehensive Plan.
There is no clear guidance as to what the goals and objectives should be for the historic
preservation process in the City. There are concerns of the reconstruction process which
the owner would be required to go through in the event of a natural disaster. In terms of
zoning, Ms. Dias noted that the owner has no plans to redevelop the property however.
There was feeling that other properties already designated historic are surrounded in
different areas when compared to where Allen's sits. This area is surrounded by tall
buildings in a commercial area, thus exhibiting
Planning Board Meeting
January 31, 2008 Excerpt
Page 3 of 4
the feeling as if Allen's is being treated differently than other properties in the City. Ms.
Dias reiterated that the owner objects to the historic designation.
Mr. Admire, attorney representing the owner, added that at the HPB meeting there was
nostalgia expressed by the Board members with regards to Allen's. It was a place of
gathering and enjoyment, and everyone was excited with its use. However, nostalgia does
not constitute a historical designation. He further added that although the signage might be
striking but if you are not talking about the use or signage then what is left is a simple,
small, one -story building sitting on the corner. If this building is stripped away from
nostalgia and the sign, then the building does not look any different than any one -story
building. Mr. Admire also noted that the area is surrounded by commercial buildings and
he felt that Allen's was being treated different when compared to other buildings in the
City. He added that it has been extremely expensive for the owner especially after this
second public hearing. Again, for the second time Mr. Jacobs must go through the City
Commission. It will be difficult to sell the building with the stringent conditions which
would be imposed once the site is designated historic.
Chairman Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Mary Allen Welsh
Ms. Welsh advised that while it is nostalgia, many have been fighting to keep Allen's Drug
Store. Many of Mr. Allen's children and grandchildren have worked in the store, and
would like to designate the building historic.
Chairman Morton closed the public hearing.
Mr. Youkilis responded to comments by Ms. Dias by advising that the City allows the
Historic Preservation Board to delay a demolition permit for six months. The six month
period allows for negotiations. He also added that it was mandated by the state that
historic designated sites must be shown on the Land Use map. He further noted that the
City built on- street parking spaces to the rear of the property due to the parking situation.
Mr. Admire stated it was understood that if additional spaces were needed they could be
used. He advised that'the owner has seven to eight unallocated spaces therefore if any new
use came up he would meet the required additional spacing. Mr. Admire advised the Board
to focus on the building and not on nostalgia.
Ms. Beckman questioned if there was any other information that could support the
disqualification of the historic designation. Ms. Dias replied that the HPB architect,
himself, indicated that the building had no architectural quality for a historic designation.
Mr. Davis questioned if building similar to the Allen's existed within City limits. Mr.
Youkilis replied with a negative.
Planning Board Meeting
January 31, 2008 Excerpt
Page 4 of 4
Mr. Morton advised that the report does not address the guideline criteria rather it only
makes the recommendation. That led him to believe that the consultant could not find how
to address the historic designation guidelines. He felt that the report was one step short of
completing the designation report.
Ms. Young asked that staff clarify whether or not the Board requested the historic
designation. Mr. Perez replied affirmatively. He added that the process was initiated by
the HPB however, staff simply facilitated the process.
Ms. Dias requested clarification for the demolition process as described in the ordinance.
She stated her interpretation was that the HPB, and not the owner, may request a
demolition to the City Commission. However, she added that staff stated that it was the
owner who can apply for a demolition permit. Mr. Youkilis advised that LDC Section 20-
5.19 stated that the HPB may petition to the City Commission to grant demolition approval
with the delayed effective date of up to six months.
Motion: Mr. Morton moved to deny the designation of the historic site for "Allen's Drug
Store." Mr. Farfan seconded.
Vote: 4 Ayes 2 Nays (Ms. Beckman and Ms. Chael)
XAComm Items\2008\34-08\PB Minutews 01 -31 -08 Excerpt 4000.doc
CITY OF SOUTH MIAMI
HISTORIC PRESERVATION BOARD
REGULAR MEETING
SUMMARY MINUTES
Monday, December 26, 2007
City Commission Chambers
7:30 PM
EXCERPT
I. Call to
Action: Ms. Dison called the meeting to order at 7:24 p.m.
II. Roll Call
Roll call was performed. Board members present constituting a quorum: Ms. Dison, Mr.
LaMonica, and Mr. Hochstim, Ms. Lahiff, and Mr. Charles Ruiz de Castilla.
Board members absent: Ms. Clyatt, Ms. Shelley, and Mr. Kurtzman
City staff present: Julian Perez (Planning Director), Sanford A. Youkilis (Consultant), Lluvia
Resendiz (Administrative Assistant)
VI. Historic Designations / Public Hearing:
HPB -07 -013: 4000 SW 57 Avenue ( "Allen's Drug Store ")
Action: Mr. Perez advised that the item was deferred because the Board's architect was not
present at its November 26, 2007 meeting. The Land Development Code states that an architect
must be present when voting on an historic designation. He further added that Mr. Proctor, the
attorney representing the owner, was present and would entertain any questions the, Board may
have.
Mr. Hochstim advised that from a history stand point the building is significant. As an entrance
to South Miami, the building is an important gateway, however, he did not believe the building
possessed architectural quality. He did not consider it as an historical site based upon its
architectural design and did not find the building by its self should be criteria for a designation.
The designation should be in combination with all the other issues being discussed. Although it
is neither a beautiful building nor a masterpiece, it is a Streamline Modeme building. It is not a
Mimo Modeme form of architect but rather a streamline Modeme architectural style prevalent in
the late 1930's. It evolved from Art Deco into Modern, then moving to a stage of Streamline
Modeme.
Mr. Ruiz de Castilla asked Mr. Hochistim for his opinion on why it was important to preserve
"Allen's Drug Store." Mr. Hochstim replied that although the architectural design has no
historical significance, it is significant because of the memories which many relate too.
HPB Minutes Excerpt
December 26, 2007
Page 2 of 2
Ms. Lahiff stated that past discussions emphasized the importance of the neon sign as being more
unique and important than the building itself. Mr. Hochstim replied that the sign is integral of
the building and it would not work on any other building because of its rounded corner. It is not
a sign on a building but rather it is the building. Many Streamline Moderne buildings originated
with a famous architect in Germany, which incorporated very large signs on buildings making the
sign as part of the architectural design. Ms. Dison advised that the owner, in the past, offered to
provide the Board and /or the City with the sign should any changes or renovations ever take
place on the building. Mr. Youkilis stated that the designation report does recognize that the sign
is one of the listed criteria for review.
Ms. Dison re- opened the public hearing. There were no speakers at that time.
Motion: Mr. Ruiz de Castilla moved to approve the designation for the property located on 4000
SW 57 Avenue. Mr. Hochstim seconded.
Vote: 5 Ayes 0 Nays
X: \PB \PB Agendas Staff Reports\2008 Agendas Staff Reports \1 -31 -08 \HPB- M ins- 12- 26- 07Excerpt Allens.doc
South Miami
!`{ AII-America City
('C"W iR A7 L:1'
1') =-7
2001
Planning Department
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
(0) 305- 663 -6326 (F) 305- 668 -7356
February 12, 2008
Matthews - Jacobs Investments LC REVISED
5262 Mission Hill DR.
Tucson, AZ. 85718
RE: Planning Board Item No. PB -08 -006
Historic Designation- 4000 SW 57 Avenue
Dear Sirs:
This communication is to inform you that the above item concerning the historic designation of
your property located at 4000 SW 57th Avenue has been approved by the City's Historic
Preservation Board and the Planning Board. It is now in ordinance format and is scheduled for
first reading at the March 4, 2008 City Commission meeting which begins at 7:30 PM, in the
City Commission Chambers, South Miami City Hall. There is no public discussion at the first
reading of an ordinance, however, you are encouraged to attend the meeting.
The second reading and public hearing on the proposed designation is scheduled for the March
18, 2008 City Commission meeting.
Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17
from the City's Land Development Code which sets forth the historic designation procedure.
If you have any questions, please feel free to call me at 305- 663 -6326.
Sincerely yours,
ian
Planning Director
Enclosures
c. Jerry Proctor
JP /SAY
X: \Comm ttems\2008\2- 19- 08\Applicant's Notice 4000 SW 57 Av.doc Revised
BiWn Sumberg
ATTORNEYS AT LAW
Via Hand Delivery
The Honorable Horace Feliu
Mayor, City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Proposed Historic Designation
4000 S.W. 57th Avenue, South Miami, Florida
Honorable Mayor Feliu:
February 27, 2008
This law firm represents the owner, Matthews - Jacobs Investments LC ( "Owner "),
of the property located at 4000 S.W. 57th Avenue, South Miami, Florida ( "Property "). The
Owner has owned the Property for about 60 years.
As you may be aware, the Property currently is subject to a proposed historic
designation. The South Miami Land Development Code ( "Code ") requires a proposed
- - - - historic designation be- evaluated - -by - three- Boards- (1)- Historic - Preservation Board, (2)
Planning Board and (3) City Commission. See Sec. 20 -5.17, Code.
The Historic Preservation Board recommended approval of the proposed historic
designation on December 26, 2007. See Exhibit A. On January 31, 2008, the Planning
Board recommended denial of the historic designation of the Property.
In accordance with Code requirements, the proposed historic designation is scheduled
for first reading before the City Commission on March 4, 2008.
Please consider this letter as a formal notification that the Owner objects to the
proposed historic designation of the Property.
The Owner objects to the designation and urges the Commission to deny the
historic designation on the following grounds. First, the Property Owner does not want
the historic designation. The Code specifically enumerates objections by an owner as a
factor to be taken into consideration by the City Commission. See. Sec. 20- 5.17(F) (3),
Code.
Secondly, the Owner objects to the Property being singled out from other
properties in South Miami for a historic designation. The Property is out of character
from the City's other historic designations. It is located on the edge of South Miami and
is in fact surrounded by Coral Gables and unincorporated Miami -Dade County on two
sides. Many of the City's other historically designated properties are located along
Sunset Drive which provides a degree of continuity and equal treatment to similarly
situated properties. The Property's location creates the possibility of an isolated
designation. In addition, the Property is not an identified historic resource in the City's
Comprehensive Plan and is therefore inconsistent with the City's Comprehensive Plan.
Thirdly, the City has presented no evidence that the historic designation is
justified. The Historic Designation Report states the Property should be designated
because of its architecture and alleges the Property is building , is an example of Art
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 Tel 305.374.7580 Fax 305.374.7593
Honorable Mayor Horace Feliu
February 27, 2008
Moderne. However, statements made by the Historic Preservation Board architect
contradict this proposition. In fact, the Historic Preservation Board's architect stated at
the hearing on December 26, 2007 that the building was not significant because of its
architecture and is not an example of Art Moderne. Instead, the architect stated the
building should be designated historic because of its "memories ". See Exhibit A.
"Memories" are not a justification of a historic designation; the Historic Preservation
Board architect's statements that the building is not architecturally significant refute the
Historic Designation Report. Therefore, there is no evidence in the record that supports
a historic designation of the Property. In addition, it is notable that the Planning Board
voted to recommend denial of this application at their meeting on January 31, 2008.
Fourth, the City Commission did not approve the identical request for designation
for the Property in 2005. Accordingly, the legal doctrine of administrative res judicata
precludes the historic designation. Courts have explained res judicata:
The doctrine of res judicata bars re- litigation of a cause of action for claims that
were raised and could have been raised in a prior action. The elements under the
doctrine are: (1) identity of the things sued for; (2) identity of the cause of action;
(3) identity of the parties and (4) identity of the quality in the person for or against
whom the claims are made.
Johnson v. Young, 964 So. 2d 719 (Fla. 3d DCA 2007). Courts have applied res
judicata in the zoning context. Miller v. Booth, 702 So. 2d 290 (Fla. 3d DCA 1997). In
this case, all four elements are present. The City still is seeking the same .historic
designation to the same property under the same ownership for the same reasons.
Therefore, the doctrine of administrative res judicata precludes the City from creating a
historic designation on the Property because the issue has already been decided by the
City and no circumstances have changed.
In summary, we are requesting the City Commission respect the Owner's
objection for the above reasons and deny the designation. The Owner objected to the
designation attempt in 2005, and the lack of new evidence suggests that the City is now
acting in bad faith by bringing this matter up for new consideration.
Thank you for your attention to this matter and please do not hesitate to contact
me if you have any questions or require any additional information.
Sincerely,
Jer .Proctor
JBP: id
cc: Honorable Commission Members, City of South Miami
Luis Figueredo, .Esq., City Attorney, South Miami
Julian Perez, Planning. Director, South Miami
Maria Menendez, City Clerk, City of South Miami
Jef Matthews
Jack Admire, Esq.
MIAMI 1507019.2 7783229523
2/27/08
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
Honorable Mayor Horace Fellu
February 27, 2008
As the owner of the property, I hereby oppose the historic designation for all of the
reasons set forth in the attached letter by my attorney.
IN WITNESS WHEREOF, the Parties hereto have executed this instrument this
day of �- r-Drwq& , 2008.
WITNESSESS:
X
Print Name:
CA
Print Name:
n`p
- j .-)
STATE
COUNTY OF
_ V �O
MATTHEWS-JACOBS
INVESTMENTS LC
BY:
Title: 0-1-iiji4 6eet - c; waer,
SS:
The foregoing instrument wfas acknowledged before me this c�V' day of
by of MATTHEWS
117rri 2008, Z�L
– JAC
,,OBS INVESTMENTS LC Who is personally known to me or has produced a State
of drivers license as identification.
Sign Name:
Print Name- NOTARY PUBLIC
My Commission Expires: Serial No. (none, if blank):
[NOTARY SEAL)
Z—V
N O�lz R
OF ARIZONA
of PIM'a
J. �','IAS'DAViS i'R
INI I A M 1 15 010 19,2 77- 3229523
Iti-IJA9
1927
CITY OF SOUTH MIAMI
HISTORIC PRESERVATION BOARD
REGULAR MEETING
SUMMARY MINUTES
Monday, December 26, 2007
Citv Commission Chambers
7:30 PM
I. Call to order
Action: Ms. Dison called the meeting to order at 7:24 p.m.
H. Roll Call
Roll call . was performed. Board members present constituting a quorum: Ms. Dison, Mr.
LaMonica, and Mr. Hochstim, Ms. Lahiff, and Mr. Charles Ruiz de Castilla.
Board members absent: Ms. Clyatt, Ms. Shelley, and Mr. Kurtzman
City staff present: Julian Perez (Planning Director), Sanford A. Youkilis (Consultant), Lluvia
Resendiz (Administrative Assistant)
III. Administration
In the absence of the Chair and Vice Chair, Ms. Dison was selected to serve as interim
Chairperson.
Mr. Perez advised that the next meeting has been scheduled for January 28, 2008. Mr. Perez
provided the Board with an historic designation update report. It provided a listing of the
properties already designated, those designations in process, and those which were either denied
or deferred by the City Commission or the Historic Preservation Board. Mr. Youkilis advised
that the property located at 5893 SW 72 Street was unanimously approved for designation by the
City Commission. He added that when the 5700 SW 72 Street (Crossroads Building) went
through second reading, the owner requested a deferral. The owner originally supported the
designation, however, he testified that currently he preferred to explore other options and the
Commission granted his request. If he eventually opposed the designation a four out of five vote
by the City Commission will be required. Mr. Perez stated that a Commissioner was concerned
that a restaurant may be a use in that building. By allowing a restaurant, the restaurant will not
be required to meet the parking requirement. Staff explained to the Commission that in order for
a restaurant to be allowed in any zoning district it must go through a special use approval
process.
nQ �
r'
"Z
HPB Minutes
December 26, 2007
Page 2 of 3
IV. Approval of Minutes
Action: Ms. Lahiff moved to approve the minutes for November 26, 2007 with corrections. Mr.
LaMonica seconded.
Vote: 5 Ayes 0 Nays
V. Certificate of Appropriateness Applications - None
VI. Historic Designations / Public Hearing:
HPB -07 -013: 4000 SW 57 Avenue ( "Allen's Drug Store ")
Action: Mr. Perez advised that the item was deferred because the Board's architect was not
present at its November 26, 2007 meeting. The Land Development Code states that an architect
must be present when voting on an historic designation. He further added that Mr. Proctor, the
attorney representing the owner, was present and would entertain any questions the Board may
have.
Mr. Hochstim advised that from a history stand point the building is significant. As an entrance
._. _ -- - -
to South Miami, the building is an important gateway, however, he did not believe the buildirig
possessed architectural quality. He did not consider it as an historical site based upon its
architectural design and did not find the building by its self should be criteria for a designation.
The designation should be in combination with all the other issues being discussed. Although it
is neither a beautiful building nor a masterpiece, it is a Streamline Moderne building. It is not a
Mimo Moderne form of architect but rather a streamline Moderne architectural style prevalent in
the late 1930's. It evolved from Art Deco into Modern, then moving to a stage of Streamline
Moderne.
Mr. Ruiz de Castilla asked Mr. Hochistim for his opinion on why it was important to preserve
"Allen's Drug Store." Mr. Hochstim replied that although the architectural design has no
historical significance, it is significant because of the memories which many relate too.
Ms. Lahiff stated that past discussions emphasized the importance of the neon sign as being
more unique and important than the building itself. Mr. Hochstim replied that the sign is integral
of the building and it would not work on any other building because of its rounded corner. It is
not a sign on a building but rather it is the building. Many Streamline Modeme buildings
originated with a famous architect in Germany, which incorporated very large signs on buildings
making the sign as part of the architectural design. Ms. Dison advised that the owner, in the
past, offered to provide the Board and /or the City with the sign should any changes or
renovations ever take place on the building. Mr. Youkilis stated that the designation report does
recognize that the sign is one of the listed criteria for review.
Ms. Dison re- opened the public hearing. There were no speakers at that time.
Motion: Mr. Ruiz de Castilla moved to approve the designation for the property located on 4000
SW 57 Avenue. Mr. Hochstim seconded.
Vote: 5 Ayes 0 Nays
HPB Minutes
December 26, 2007
Page 3 of 3
HPB -07 -009: 5730 SW 49 Street
Action: Mr. Youkilis called the Board's attention to the architectural distinction and the
eligibility for designation. He stated that the consultant mentions the style of the two story
building could best be described as Mediterranean Revival, a design which was popular during
the 1920's. The residence expresses the hallmarks of the Mediterranean Revival style in several
characteristic. It was found that the residence has had minor alterations. It also possesses
integrity of location, design, setting, materials, workmanship, feeling and association thus
meeting the eligibility criteria. In general, the residence meets the Secretary of the Interior's
Standards for Historic Preservation requirements, therefore staff recommends approval for the
historic designation of the property located on 5730 SW 49 Street.
Mr. Ruiz de Castilla stated he was impressed with the changes which the residence has
undergone. He added that the owner has sensitively maintained the home in good character with
its neighbors. Mr. Hochstim added that the home has unique architectural quality and questioned
if the original architect's name was known. Mr. Youkilis replied there were no records
indicating that information however staff will conduct further research. Mr. Youkilis further
added . that although_ he did_ ask the curr ------ --
unaware. The homeowner did however mention that the Value Adjustment Board might have
old site plans. Mr. Hochstim noted that he was impressed with the designation repost prepared
by the City's consultant Ms. Uguccioni.
Ms. Dison re- opened the public hearing. There were no speakers at that time.
Motion: Mr. Hochstim moved to approve the historical designation for the property located on
5730 SW 49 Street. Mr. Ruiz de Castilla seconded.
Vote: 5 Ayes 0 Nays
VII. New /Old Business:
Ms. Dison recommended deferring any discussions pertaining to strategic planning for future
historic designations. She would prefer that Ms Clyatt be available for the discussion
considering that Ms.Clyatt has conducted extensive research regarding the strategic plan for
future designations. Mr. Youkilis advised that city maps would be provided during the next
Board meeting.
Ms. Dison provided the Board and staff with an article on a South Miami house. She stated that
if the owner's history is correct the house located at 7600 .SW 59 Court, which is featured in the
article, could be the oldest home in South Miami and could be a home for a future designation.
VIII. Adjournment.
There being no further business before the Board Ms. Lahiff moved to adjourn the meeting at
8:19 pm.
WAHPB Historic Bd \HPB Minutes\2007 Minutes\HPB- Mins- 12- 26- 07.doc
C_ B&jn Sumberg
ATTORNEYS AT LAW
Via Hand Delivery
The Honorable Horace Feliu
Mayor, City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Proposed Historic Designation
4000 S.W. 57th Avenue, South Miami, Florida
Honorable Mayor Feliu:
February 27, 2008
This law firm represents the owner, Matthews - Jacobs Investments LC ( "Owner "),
of the property located at 4000 S.W. 571n Avenue, South Miami, Florida ( "Property "). The
Owner has owned the Property for about 60 years.
As you may be aware, the Property currently is subject to a proposed historic
designation. The South Miami Land Development Code ( "Code ") requires a proposed
historic designation be evaluated by three Boards: (1) Historic Preservation Board, (2)
Planning Board and (3) City Commission. See Sec. 20 -5.17, Code.
The Historic Preservation Board recommended approval of the proposed historic
designation on December 26, 2007. See Exhibit A. On January 31, 2008, the Planning
Board recommended denial of the historic designation of the Property. _
In accordance with Code requirements, the proposed historic designation is scheduled
for first reading before the City Commission on March 4, 2008.
Please consider this letter as a formal notification that the Owner objects to the
proposed historic designation of the Property.
The Owner objects to the designation and urges the Commission to deny the
historic designation on the following grounds. First, the Property Owner does not want
the historic designation. The Code specifically enumerates objections by an owner as a
factor to be taken into consideration by the City Commission. See. Sec. 20- 5.17(F) (3),
Code.
Secondly, the Owner objects to the Property being singled out from other
properties in South Miami for a historic designation. The Property is out of character
from the City's other historic designations. It is located on the edge of South Miami and
is in fact surrounded by Coral Gables and unincorporated Miami -Dade County on two
sides. Many of the City's other historically designated properties are located along
Sunset Drive which provides a degree of continuity and equal treatment to similarly
situated properties. The. Property's location creates the possibility of an isolated
designation. In addition, the Property is not an identified historic resource in the City's
Comprehensive Plan and is therefore inconsistent with the City's Comprehensive Plan.
Thirdly, the City has presented no evidence that the historic designation is
justified. The Historic Designation Report states the Property should be designated
because of its architecture and alleges the Property is building is an example of Art
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 Tel 305.374.7580 Fax 305.374.7593 www.bilzin.com
Honorable Mayor Horace Feliu
February 27, 2008
Moderne. However, statements made by the Historic Preservation Board architect
contradict this proposition. In fact, the Historic Preservation Board's architect stated at
the hearing on December 26, 2007 that the building was not significant because of its
architecture and is not an example of Art Moderne. Instead, the architect stated the
building should be designated historic because of its "memories ". See Exhibit A.
"Memories" are not a justification of a historic designation; the Historic Preservation
Board architect's statements that the building is not architecturally significant refute the
Historic Designation Report. Therefore, there is no evidence in the record that supports
a historic designation of the Property. In addition, it is notable that the Planning Board
voted to recommend denial of this application at their meeting on January 31, 2008.
Fourth, the City Commission did not approve the identical request for designation
for the Property in 2005. Accordingly, the legal doctrine of administrative res judicata
precludes the historic designation. Courts have explained res judicata:
The doctrine of res judicata bars re- litigation of a cause of action for claims that
were raised and could have been raised in a prior action. The elements under the
doctrine are: (1) identity of the things sued for; (2) identity of the cause of action;
(3) identity of the parties and (4) identity of the quality in the person for or against
whom the claims are made.
Johnson v. Young, 964 So. 2d 719 (Fla. 3d DCA 2007). Courts have applied res
judicata in the zoning context. Miller v. Booth, 702 So. 2d 290 (Fla. 3d DCA 1997). In
this case, all four elements are present. The City still is seeking the same historic
designation to the same property under the same ownership for the same reasons.
Therefore, the doctrine of administrative res judicata precludes the City from creating a
historic designation on the Property because the issue has already been decided by the
City and no circumstances have changed.
In summary, we are requesting the City Commission respect the Owner's
objection for the above reasons and deny the designation. The Owner objected to the
designation attempt in 2005, and the lack of new evidence suggests that the City is now
acting in bad faith by bringing this matter up for new consideration.
Thank you for your attention to this matter and please do not hesitate to contact
me if you have any questions or require any additional information.
Sincerely,
J e r . Proctor
JBP: id
cc: Honorable Commission Members, City of South Miami
Luis Figueredo, Esq., City Attorney, South Miami
Julian Perez, Planning Director, South Miami
Maria Menendez, City Clerk, City of South Miami
Jef Matthews
Jack Admire, Esq.
MIAMI 1507019.2 7783229523
2/27/08
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
Honorable Mayor Horace Eiu
February 2'17, 2008
As the owner of the property, l hereby oppose the historic de i rratiorr for all of the
reasons set forth it', the attached letter by my attorney.
IN �1 IT(1,4E WHEREOF, the Parties hereto have executed this instrument this
day of j, , t: .._....... ......... __ 2008.
ITNE E .
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Print f4arrie:
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STATE OF
COUNTY OF
MATTHEWS-JACO
INVESTMENTS C
By w� w„
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The foregoing instrument w a acknowledged before ma this day of
2008, by_�� of MATT HEWS
-- .J COBS INVESTMENTS LC Qho is personally known to rrro or has produced a State
of < " driver's license as identification.
Sign Name;
Print Nano:
My snitni :pion Expires:
70 1 7,1 523
NOTARY PUBLIC
Serial Cho. (none, if blank): "
[NOTARY
of 7 1 :•�
5o
AINCOR PORATED
1927
-
CITY OF SOUTH MIAMI
HISTORIC PRESERVATION BOARD
REGULAR MEETING
SUMMARY MINUTES
Monday, December 26, 2007
Citv Commission Chambers
7:30 PM
I. Call to order
Action: Ms. Dison called the meeting to order at 7:24 p.m.
II. Roll Call
Roll call was performed. Board members present constituting a quorum: Ms. Dison, Mr.
LaMonica, and Mr. Hochstim, Ms. Lahiff, and Mr. Charles Ruiz de Castilla.
Board members absent: Ms. Clyatt, Ms. Shelley, and Mr. Kurtzman
City staff present: Julian Perez (Planning Director), Sanford A. Youkilis (Consultant), Lluvia
Resendiz (Administrative Assistant)
III. Administration
In the absence of the Chair and Vice Chair, Ms. Dison was selected to serve as interim
Chairperson.
Mr. Perez advised that the next meeting has been scheduled for January 28, 2008. Mr. Perez
provided the Board with an historic designation update report. It provided a listing of the
properties already designated, those designations in process, and those which were either denied
or deferred by the City Commission or the Historic Preservation Board. Mr. Youkilis advised
that the property located at 5893 SW 72 Street was unanimously approved for designation by the
City Commission. He added that when the 5700 SW 72 Street (Crossroads Building) went
through second reading, the owner requested a deferral. The owner originally supported the
designation, however, he testified that currently he preferred to explore other options and the
Commission granted his request. If he eventually opposed the designation a four out of five vote
by the City Commission will be required. Mr. Perez stated that a Commissioner was concerned
that a restaurant may be a use in that building. By allowing a restaurant, the restaurant will not
be required to meet the parking requirement. Staff explained to the Commission that in order for
a restaurant to be allowed in any zoning district it must go through a special use approval
process.
`s
HPB Minutes
December 26, 2007
Page 2 of 3
IV. Approval of Minutes
Action: Ms. Lahiff moved to approve the minutes for November 26, 2007 with corrections. Mr.
LaMonica seconded.
Vote: 5 Ayes 0 Nays
V. Certificate of Appropriateness Applications - None
VI. Historic Designations / Public Hearing:
HPB -07 -013: 4000 SW 57 Avenue ( "Allen's Drug Store ")
Action: Mr. Perez advised that the item was deferred because the Board's architect was not
present at its November 26, 2007 meeting. The Land Development Code states that an architect
must be present when voting on an historic designation. He further added that Mr. Proctor, the
attorney representing the owner, was present and would entertain any questions the Board may
have.
Mr. Hochstim advised that from a history stand point the building is significant. As an entrance
to South Miami, the building is an important gateway, however, he did not believe the building
possessed architectural quality. He did not consider it as an historical site based upon its
architectural design and did not find the building by its self should be criteria for a designation.
The designation should be in combination with all the other issues being discussed. Although it
is neither a beautiful building nor a masterpiece, it is a Streamline Moderne building. It is not a
Mimo Moderne form of architect but rather a streamline Moderne architectural style prevalent in
the late 1930's. It evolved from Art Deco into Modern, then moving to a stage of Streamline
Moderne.
Mr. Ruiz de Castilla asked Mr. Hochistim for his opinion on why it was important to preserve
"Allen's Drug Store." Mr. Hochstim replied that although the architectural design has no
historical significance, it is significant because of the memories which many relate too.
Ms. Lahiff stated that past discussions emphasized the importance of the neon sign as being
more unique and important than the building itself. Mr. Hochstim replied that the sign is integral
of the building and it would not work on any other building because of its rounded corner. It is
not a sign on a building but rather it is the building. Many Streamline Moderne buildings
originated with a famous architect in Germany, which incorporated very large signs on buildings
making the sign as part of the architectural design. Ms. Dison advised that the owner, in the
past, offered to provide the Board and /or the City with the sign should any changes or
renovations ever take place on the building. Mr. Youkilis stated that the designation report does
recognize that the sign is one of the listed criteria for review.
Ms. Dison re- opened the public hearing. There were no speakers at that time.
Motion: Mr. Ruiz de Castilla moved to approve the designation for the property located on 4000
SW 57 Avenue. Mr. Hochstim seconded.
Vote: 5 Ayes 0 Nays
HPB Minutes
December 26, 2007
Page 3 of 3
HPB -07 -009: 5730 SW 49 Street
Action: Mr. Youkilis called the Board's attention to the architectural distinction and the
eligibility for designation. He stated that the consultant mentions the style of the two story
building could best be described as Mediterranean Revival, a design which was popular during
the 1920's. The residence expresses the hallmarks of the Mediterranean Revival style in several
characteristic. It was found that the residence has had minor alterations. It also possesses
integrity of location, design, setting, materials, workmanship, feeling and association thus
meeting the eligibility criteria. In general, the residence meets the Secretary of the Interior's
Standards for Historic Preservation requirements, therefore staff recommends approval for the
historic designation of the property located on 5730 SW 49 Street.
Mr. Ruiz de Castilla stated he was impressed with the changes which the residence has
undergone. He added that the owner has sensitively maintained the home in good character with
its neighbors. Mr. Hochstim added that the home has unique architectural quality and questioned
if the original architect's name was known. Mr. Youkilis replied there were no records
indicating that information however staff will conduct further research. Mr. Youkilis further
added that although he did ask the current owner for that information the homeowner was also
unaware. The homeowner did however mention that the Value Adjustment Board might have
old site plans. Mr. Hochstim noted that he was impressed with the designation repost prepared
by the City's consultant Ms. Uguccioni.
Ms. Dison re- opened the public hearing. There were no speakers at that time.
Motion: Mr. Hochstim moved to approve the historical designation for the property located on
5730 SW 49 Street. Mr. Ruiz de Castilla seconded.
Vote: 5 Ayes 0 Nays
VII. New /Old Business:
Ms. Dison recommended deferring any discussions pertaining to strategic planning for future
historic designations. She would prefer that Ms Clyatt be available for the discussion
considering that Ms.Clyatt has conducted extensive research regarding the strategic plan for
future designations. Mr. Youkilis advised that city maps would be provided during the next
Board meeting.
Ms. Dison provided the Board and staff with an article on a South Miami house. She stated that
if the owner's history is correct the house located at 7600 SW 59 Court , which is featured in the
article, could be the oldest home in South Miami and could be a home for a future designation.
VIII. Adjournment.
There being no further business before the Board Ms. Lahiff moved to adjourn the meeting at
8:19 pm.
W: \HPB Historic Bd \HPB Minutes \2007 Minutes \HPB - Mins- 12- 26- 07.doc