HomeMy WebLinkAboutR-19-0169City of Miami
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Resolution R-19-0169
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Legislation
File Number: 5653
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/23/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL FILED BY MICHAEL SPRING, SENIOR ADVISOR,
OFFICE OF THE MAYOR, DIRECTOR, DEPARTMENT OF CULTURAL
AFFAIRS, MIAMI-DADE COUNTY ("APPELLANT") AND REVERSING THE
DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD'S DENIAL, PURSUANT TO SEC. 23-6.2(b)(4) OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE
APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR
THE RESTORATION OF AN EXISTING STRUCTURE AND NEW
CONSTRUCTION OF A THREE HUNDRED (300) SEAT THEATER, A
PARKING STRUCTURE, AND EXTERIOR SPACES WITH LANDSCAPING TO
A PROPERTY LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY, MIAMI,
FLORIDA, 33133, A LOCALLY DESIGNATED HISTORIC SITE KNOWN AS
COCONUT GROVE PLAYHOUSE WITH THE FOLIO NUMBER
0141210450140.
WHEREAS, on March 5, 2019, the Historic and Environmental Preservation Board
("HEPB"), at a duly noticed public hearing, considered Item No. HEPB.1, pursuant to Section
23-6.2(b)(4) of the Code of the City of Miami, Florida ("City Code"), an application for a Special
Certificate of Appropriateness for the restoration of an existing structure and new construction of
a three hundred (300) seat theater, a parking structure, and exterior spaces with landscaping
("Project") to a property located at approximately 3500 Main Highway, Miami, Florida, 33133, a
locally designated historic site and known as Coconut Grove Playhouse with the folio number
0141210450140 ("Playhouse"), and adopted Resolution No. HEPB-R-19-010 by a vote of six to
four (6-4) denying the same; and
WHEREAS, pursuant to the applicable provisions of Section 23-6.2(b)(4) of the City
Code, applications for Special Certificates of Appropriateness are processed in accordance with
the procedures set forth for Special Certificates of Appropriateness; and
WHEREAS, on March 11, 2019, Michael Spring, Senior Advisor, Office of the Mayor,
Director, Department of Cultural Affairs, Miami -Dade County ("Appellant"), filed an appeal to the
City Commission pursuant to Section 23-6.2(e) of the City Code setting forth the HEPB decision
being appealed and the reasons or grounds for the appeal; and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to reverse the decision of the HEPB denying the
application for a Special Certificate of Appropriateness for the Project at approximately the
Property, pursuant to Section 23-6.2(b)(4) of the City Code; and
WHEREAS, for the reasons stated on the record, inclusive of the testimony and
City of Miami Page 1 of 3 File ID: 5653 (Revision: 8) Printed On: 4/26/2023
File ID: 5653 Enactment Number: R-19-0169
arguments, and in consideration of the evidence in the record and arguments made at the public
hearing on May 8 , 2019 the City Commission grants the appeal and reverses the adoption of
Resolution No. HEPB-R-19-010 as it pertains to the denial of this Special Certificate of
Appropriateness which resulted in the appeal of this decision regarding the application for a
Special Certificate of Appropriateness for the restoration of an existing structure and new
construction of a three hundred (300) seat theater, a parking structure, and exterior spaces with
landscaping ("Project') to a property located at approximately 3500 Main Highway, Miami,
Florida, 33133, a locally designated historic site known as Coconut Grove Playhouse with the
folio number 0141210450140 ("Playhouse"); and
WHEREAS, the Analysis for a Special Certificate of Appropriateness dated January 22,
2019 prepared by Historic Preservation Officer Warren Adams for this Project identified in the
Report as Project PZ-18-419, is deemed as being expressly incorporated by reference herein
and made a part hereof, inclusive of the conditions attached hereto as Exhibit "A," which the
Appellant has agreed to comply with; and
WHEREAS, the City accepted volunteered commitments made by the Honorable Carlos
A. Gimenez, Mayor of Miami -Dade County ("County") that the County would not seek or request
any City funding for the construction, maintenance or operation of the Coconut Grove
Playhouse, excluding only the City of Miami Department of Off -Street Parking, referred to as the
Miami Parking Authority, who will be engaged in the development and operation of the
municipal parking structure, and that the County would co-operate with Bahamian public
agencies and cultural organizations to recognize historic Bahamian contributions to the
construction and history of the Playhouse;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission grants the appeal and reverses the decision of the
HEPB as set forth in Resolution No. HEPB-R-19-010 and grants the application for a Special
Certificate of Appropriateness, inclusive of the conditions attached hereto as Exhibit "A," for the
Project at the Playhouse.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor., 2
The Mayor vetoed this Resolution, the veto was sustained by the City Commission, and litigation
resulted in the veto being quashed by the courts. As such, this Resolution shall become immediately
effective upon the final decision of the courts and expiration of the time to seek appeal, review, or
rehearing thereof.
2 On May 17, 2019, City of Miami Mayor Francis Suarez vetoed Resolution No. 19-0169 pursuant to
Section 4(g)(5) of the Charter of the City of Miami, Florida. At its May 23, 2019 meeting, the Mayoral
Veto, agenda item MV.1, was presented to the City Commission and sustained. Subsequently, the
applicant, Miami -Dade County, filed a Petition for Writ of Certiorari from the City of Miami mayoral veto of
City Commission Resolution No. R-19-0169. The litigation ultimately resulted in an Opinion on Remand
and Order on Rehearing in Case No. 2019-167-AP-01 from the Eleventh Judicial Circuit Appellate
Division, which quashed the Mayor's veto. The City filed a second -tier Petition for Writ of Certiorari
challenging the circuit court's finding, which was denied by the 3rd District Court of Appeal. As such, the
Mayor's veto of Resolution No. R-19-0169 was quashed by the courts.
City of Miami Page 2 of 3 File ID: 5653 (Revision: 8) Printed on: 4/26/2023
File ID: 5653
Enactment Number: R-19-0169
APPROVED AS TO FORM AND CORRECTNESS:
ria i dez, ity ttor ey 419/2019 ria i dez, bty ttor ey 4112/2023
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ria i " dez, ity ttor ey 5/16/2019
City of Miami Page 3 of 3 File ID: 5653 (Revision: B) Printed on: 412612023