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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 2170 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING IN PART AND REVERSING IN PART THE APPEAL FILED BY BARBARA LANGE AND KATRINA MORRIS OF THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB") APPROVING A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE PARTIAL DEMOLITION OF AN EXISTING STRUCTURE, THE RECONSTRUCTION OF A THEATRE, AND THE NEW CONSTRUCTION OF A PARKING GARAGE WITH RESIDENTIAL UNITS AT THE INDIVIDUALLY DESIGNATED HISTORIC SITE KNOWN AS THE COCONUT GROVE PLAYHOUSE, LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY, MIAMI, FLORIDA. LOCATION: Approximately 3500 Main Highway [Commissioner Ken Russell - District 2] APPLICANT(S): Miami -Dade County APPELLANT(S): Lowell Kuvin, Esq., on behalf of Barbara Lange and Katrina Moss PURPOSE: This appeal seeks to a decision reversing the HEPB decision approving, with conditions, the Special Certificate of Appropriateness. FINDING(S): PRESERVATION OFFICE: Recommended approval, with conditions, of the COA. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Approved the COA, with conditions, on April 4, 2017, by a vote of 4-1. City of Miami Legislation Resolution Enactment Number: R-17-0622 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2170 Final Action Date:12/14/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING IN PART AND REVERSING IN PART THE APPEAL FILED BY BARBARA LANGE AND KATRINA MORRIS OF THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB") APPROVING A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE PARTIAL DEMOLITION OF AN EXISTING STRUCTURE, THE RECONSTRUCTION OF A THEATRE, AND THE NEW CONSTRUCTION OF A PARKING GARAGE WITH RESIDENTIAL UNITS AT THE INDIVIDUALLY DESIGNATED HISTORIC SITE KNOWN AS THE COCONUT GROVE PLAYHOUSE, LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY, MIAMI, FLORIDA. WHEREAS, the Historic and Environmental Preservation Board ("HEPB") is charged with the responsibility of preserving and conserving properties of historic, architectural, environmental, and archeological significance; and WHEREAS, at its October 5, 2005 meeting, the HEPB passed Resolution No. HEPB 2005-60 which designated the entire exterior of the Coconut Grove Playhouse, located at 3500 Main Highway, Miami, Florida ("Playhouse") as a historic site after finding it met the specified criteria from Chapter 23 of the Code of the City of Miami, Florida, as amended ("City Code"), adopting the Designation Report, and amending the Historic Preservation Atlas to reflect the historic designation; and WHEREAS, among the HEPB's duties are to grant, deny, or approve Special Certificates of Appropriateness under the applicable criteria of Chapter 23 of the City Code, entitled "Historic Preservation;" the HEPB's Rules of Procedure; and other applicable laws, rules, and regulations; and WHEREAS, an application was filed for a Special Certificate of Appropriateness for a Master Site Plan approval of the Playhouse pursuant to Section 23-6.2 of the City Code; and WHEREAS, the HEPB, at its meeting on April 4, 2017, considered the Staff Report, as amended; the testimony of the Preservation Office staff; the fact sheet prepared by the Preservation Officer; and the evidence of the Playhouse owner, the State of Florida, through its designated limited agent(s), Miami -Dade County and Florida International University (collectively, "Owner"); and WHEREAS, the HEPB, at its meeting on April 4, 2017, following an advertised public hearing, adopted Resolution No. HEPB-R-17-023 by a vote of four to one (4-1), Item No. 3 granting a Special Certificate of Appropriateness as indicated in Exhibit "A"; and WHEREAS, pursuant to Section 23-6.2 of the City Code, an appeal to the City Commission ("Appeal") was filed April 19, 2017 by the Appellants on the grounds stated in the Appeal; and WHEREAS, a hearing on the Appeal was held before the City Commission on December 14, 2017; and WHEREAS, based upon the testimony and evidence presented at the public hearing, the City Commission finds that the Appeal filed by the Appellants is granted in part and denied in part to modify the decision of the HEPB as set forth in Resolution No. HEPB-R-17-023, attached and incorporated as Exhibit "A; and WHEREAS, in addition to the testimony and evidence presented at the public hearing, the City Commission's decision is based upon the Secretary of Interior Standards as well as the general purpose and intent of Chapter 23 of the City Code and the specific design guidelines officially adopted for the historic resource, historic district, or archaeological site or zone; NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 in part and denies in part the decision of the HEPB and modifies the Special Certificate of Appropriateness. Section 3. The City Commission finds that the Appellants have standing pursuant to Chapter 23 of the City Code due to their proximity to the Playhouse and specifically finds that the Appellants are aggrieved parties. Section 4. The City Commission finds that after reviewing the designation report and the transcript of the October 5, 2005 HEPB meeting where the entire exterior of the Playhouse was designated as historic, there was no intent to designate the interior of the Playhouse. The applicable provisions of the City Code provide that a designation does not include the interior unless expressly stated. No such explicit statement or finding was made by the HEPB. Further, the City Code provides that boundaries for a historic resource shall generally include the entire property or tract of land included in the report for the Historic Designation. The designation of the entire exterior of the Playhouse and not the interior is consistent with the prior HEPB Resolution and City Code. Section 5. The conditions set forth in Resolution No. HEPB-R-17-023 are amended as noted below: a. The Theatre portion of the Playhouse shall be developed with a minimum of six hundred (600) seats, which number of seats, while it presents a compromise and reduction from the traditional seating, is more in keeping with the historic number of seats in effect during the active operations of the Playhouse as a renowned and celebrated Theatre. This subsection is subject to the funding contingency stated in subsection c below. If the funding is not timely and fully obtained as required by subsection c below, the Theatre seating will automatically revert to not less than three hundred (300) seats. b. The Parking Garage and other non -Theatre structures in the rear of the property shall be recessed from Main Highway so their visibility is minimized. The Parking Garage and other non -Theatre structures will be redesigned so as not to overwhelm the Playhouse in height, massing, or intensity and shall be in harmony with the Playhouse and the surrounding Neighborhood. The Applicants may consider removing a floor, undergrounding a floor, or undergrounding the entire Parking Garage to accomplish this measure. c. If, by March 24, 2018, a minimum of $20,000,000.00 is not pledged for the larger, 600- seat Theatre, as shown by existing funds (cash or its equivalent) in customary financial documents to the satisfaction of the City Manager or his designee, then this subsection and subsection a shall automatically Sunset and be of no further force and effect and will be deemed void due to failure to have that required funding secured. The Theatre portion of the Playhouse shall then be developed with a minimum of three hundred (300) seats. d. The Owner shall protect, restore, and maintain the Solomonic Columns, Proscenium Arches, and Cherubs currently present in the interior of the Playhouse. e. The Owners and agents are to preserve the entire Playhouse structure. At a minimum, the exterior shell of the Theater, along with the decorative features mentioned, should be preserved for the community, patrons, and for future generations, due to it meeting the applicable criteria of Chapter 23 of the City Code. f. Except as provided herein, all other conditions set forth in Resolution No. HEPB R-17- 023 are affirmed and not modified. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 5/2572017 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.