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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 4887 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING/DENYING THE APPEAL AND REVERSING/AFFIRMING THE DECISION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB") DENYING AN EXCEPTION PURSUANT TO ARTICLE 5, SECTION 5.7.2.4 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ("MIAMI 21") AND ASSOCIATED WAIVERS PURSUANT TO ARTICLE 5, SECTION 5.7.2.4(D) OF MIAMI 21 TO ALLOW FOR THE RESTORATION, EXPANSION, AND MASTER PLANNING OF THE LOCALLY DESIGNATED HISTORIC COCONUT GROVE PLAYHOUSE ZONED CIVIC INSTITUTIONAL ("CI") LOCATED AT APPROXIMATELY 3500 AND 3498 MAIN HIGHWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AS THE APPLICANT FAILED TO OBTAIN THE REQUIRED SUPERMAJORITY VOTE OF THE PZAB MEMBERS PURSUANT TO 7.1.1.4(D) OF MIAMI 21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3500 and 3498 Main Hwy [Commissioner Ken Russell - District 2] APPELLANT(S): Michael Spring, on behalf of Miami Dade County Department of Cultural Affairs APPLICANT(S): Michael Spring, on behalf of Miami Dade County Department of Cultural Affairs PURPOSE: This is an Appeal of a denial of an Exception and associated Waivers to allow for the restoration, alterations, expansion and master planning of the locally designated Coconut Grove Playhouse on a parcel zoned Civic Institutional Transect Zone "Cl" within the Neighborhood Conservation District (NCD-3). FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions of the Exception and associated Waivers and denial of the appeal. PLANNING, ZONING AND APPEALS BOARD: Failed to grant approval of the Exception and associated Waivers by the required supermajority vote on September 5, 2018. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4887 Final Action Date:11/15/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING/DENYING THE APPEAL AND REVERSING/AFFIRMING THE DECISION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB") DENYING AN EXCEPTION PURSUANT TO ARTICLE 5, SECTION 5.7.2.4 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ("MIAMI 21") AND ASSOCIATED WAIVERS PURSUANT TO ARTICLE 5, SECTION 5.7.2.4(D) OF MIAMI 21 TO ALLOW FOR THE RESTORATION, EXPANSION, AND MASTER PLANNING OF THE LOCALLY DESIGNATED HISTORIC COCONUT GROVE PLAYHOUSE ZONED CIVIC INSTITUTIONAL ("CI") LOCATED AT APPROXIMATELY 3500 AND 3498 MAIN HIGHWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AS THE APPLICANT FAILED TO OBTAIN THE REQUIRED SUPERMAJORITY VOTE OF THE PZAB MEMBERS PURSUANT TO 7.1.1.4(D) OF MIAMI 21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami -Dade County ("Applicant") operates the properties generally located at 3500 and 3498 Main Highway ("Property"), which is zoned Civic Institution ("CI"); and WHEREAS, the Applicant requested an Exception pursuant to Article 5, Section 5.7.2.4 and Article 7, Section 7.1.2.6 of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code") and associated Waivers pursuant to Article 5, Section 5.7.2.4(d) of the Miami 21 Code for the restoration, expansion, and master planning of the locally designated historic Coconut Grove Playhouse on the Property that will serve the Neighborhood as a Cultural Facility; and WHEREAS, Article 5, Section 5.7.2.4 of the Miami 21 Code indicates that development in a Civic Institution ("CI") shall be permitted by process of Exception and shall conform to certain regulations enumerated in that Section; and WHEREAS, Article 5, Section 5.7.2.4(d) of the Miami 21 Code indicates that adjustments to Building Disposition Requirements, with the exception of Setbacks, shall be al- lowed by process of Waiver; and WHEREAS, the Applicant proposed the redevelopment and partial restoration of the Coconut Grove Playhouse incorporating a new 300 seat theater, a four (4) story parking garage with 303 parking spaces, and associated food and beverage, retail, and office uses; and WHEREAS, as part of the development proposed on the site, several subordinate Waivers are required, which are as follows: Waiver pursuant to Article 5, Section 5.7.2.4(d) of the Miami 21 Code to allow an increase in the maximum lot coverage from fifty percent (50%) to sixty-four percent (64%); Waiver pursuant to Article 5, Section 5.7.2.4(d) of the Miami 21 Code to allow a reduction of the minimum green space from 30% to 14.8%; Waiver pursuant to Article 5, Section 5.7.2.4(d) of the Miami 21 Code to allow an increase in the maximum driveway width from ten (10) feet to thirty (30) feet; and Waiver pursuant to Article 5, Section 5.7.2.4(d) of the Miami 21 Code to allow an increase in the maximum impervious pavement within the front Setbacks along Main Highway and Charles Avenue from thirty percent (30%) to one hundred (100%); and WHEREAS, the Property contains an existing three (3) story, 55,500+/- square feet legal nonconforming locally historically designated structure originally constructed in 1926, which housed the Coconut Grove Playhouse; and WHEREAS, in 2004, pursuant to County Resolution No. R919-04, attached and incorporated as Exhibit "C," the Applicant's residents passed a bond measure to allocate funds for cultural facilities, allotting needed funding for the Coconut Grove Playhouse; and WHEREAS, on October 5, 2005, the City of Miami's ("City") Historic and Environmental Preservation Board ("HEPB") adopted Resolution No. HEPB-2005-060, attached and incorporated as Exhibit "B," designating the Coconut Grove Playhouse as a local historic site; and WHEREAS, in 2010, the City rendered the Coconut Grove Playhouse an unsafe structure as it had been shuttered for several years and had fallen into a state of disrepair. WHEREAS, on or about April 4, 2017, the HEPB adopted Resolution No. HEPB-17-023, attached and incorporated as Exhibit "D," approving with conditions the Applicant's request for a Certificate of Appropriateness to allow for partial demolition and reconstruction of the Coconut Grove Playhouse, construction of a new parking garage, and a master plan of the Coconut Grove Playhouse; and WHEREAS, on or about April 19, 2017, an appeal to the City Commission of HEPB Resolution No. HEPB-17-023 was filed ("HEPB Appeal"); and WHEREAS, on December 14, 2017, a public hearing on the HEPB Appeal was held before the City Commission that resulted in the City Commission adopting Resolution No. R-17- 0622, which granted in part and reversed in part the HEPB Appeal and modified the decision of the HEPB, which is summarized as follows: 1) The theater portion of the Coconut Grove Playhouse shall be developed with a minimum of six hundred (600) seats if, by March 24, 2018, a minimum of $20,000,000.00 is pledged. If the funding is not pledged, then the theater portion of the Coconut Grove Playhouse shall then be developed with a minimum of three hundred (300) seats. 2) The parking garage and other non -theater structures in the rear of the Property shall be recessed from Main Highway so their visibility is minimized. The parking garage and other non -theater structures will be redesigned so as not to overwhelm the Coconut Grove Playhouse's height, massing, or intensity and shall be in harmony with the Coconut Grove Playhouse and the surrounding neighborhood. The Applicant may consider removing a floor, undergrounding a floor, or undergrounding the entire parking garage to accomplish this measure. 3) The Applicant shall protect, restore, and maintain the Solomonic Columns, Proscenium Arches, and Cherubs currently present in the interior of the Playhouse. 4) The Applicant is to preserve the entire Coconut Grove Playhouse structure. At a minimum, the exterior shell of the theater, along with the decorative features mentioned, should be preserved; and WHEREAS, the Applicant filed an appeal to the Eleventh Judicial Circuit Court of Florida in and for Miami -Dade County of Resolution No. R-17-0622 ("City Commission Appeal"), which is still pending; and WHEREAS, on February 21, 2018, the City's Urban Development Review Board ("UDRB"), pursuant to a resolution attached and incorporated as Exhibit "D," recommended approval of the Applicant's request for partial demolition, restoration, and master plan for the Coconut Grove Playhouse; and WHEREAS, the subject Property is designated Major Public Facilities, which allows facilities for federal, state, and local government activities, major public or private health, recreational, cultural, religious, or educational activities; and WHEREAS, residential facilities ancillary to Major Public Facilities uses are allowed up to a maximum density equivalent to "High Density Multifamily Residential" or, if applicable, the least intense abutting/adjacent residential zoning district, subject to the same limiting conditions; and WHEREAS, the Applicant seeks to restore portions of the original building, approximately 4,750 square feet, specifically the ornate south, southeast, and eastern facades of the structure as further outlined in the plans attached and incorporated as Exhibit "E" incorporating a new 300 seat theater and additional ancillary uses such as a parking garage and retail for the cultural facility; and WHEREAS, the City's Planning Department found the following: 1) The plans and cultural use, as proposed, are consistent with the Miami Comprehensive Neighborhood Plan ("MCNP"), specifically Goal LU-2 and Policy LU- 2.2.4 and the Miami 21 Code; 2) The Exception request is consistent with Article 5, Section 5.7.2.4 and Article 7, Section 7.1.2.6 of the Miami 21 Code, with conditions; 3) The proposal promotes the intent of the Civic Institution ("CI") Transect Zone by proposing the restoration, alteration, expansion, and master planning of the locally designated historic Coconut Grove Playhouse that cultivates the urban experience with active uses located along the Principal Frontage; 4) The proposed restoration, modification, expansion, and master planning of the site is compatible with the existing uses and structures in the vicinity; 5) The reactivation of the Coconut Grove Playhouse site as a cultural facility with ancillary uses will benefit the area by continuing to provide a service to the community; and 6) The requested Exception and four (4) Waivers are consistent with the goals of the Miami 21 Code, with conditions, as the requested use and proposed development are compatible with the surrounding neighborhood; and WHEREAS, the City's Office of Zoning reviewed the requested Waivers and found said requests to be consistent with the intent of the Miami 21 Code as the development, as proposed, with the associated Waivers would be in keeping with the context of the development pattern of the corridor; and WHEREAS, as such, the City's Planning Department recommended approval, with conditions, of the Applicant's request for the Exception and associated Waivers; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") considered the Planning Director's recommendations and goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations in regard to the Exception and Waivers; and WHEREAS, on September 5, 2018, the PZAB failed to approve the Exception and associated Waivers to allow for the restoration, expansion, and master planning of the locally designated historic Coconut Grove Playhouse by a supermajority vote as required by Section 7.1.1.4(d)(4) of the Miami 21 Code and Section 62-17(d) of the Code of the City of Miami, Florida, as amended ("City Code"), which indicate that no action to approve an Exception shall be taken without the concurring votes of a supermajority of board members present; and WHEREAS, on or about September 19, 2018, the Applicant submitted a request to waive the time limits pursuant to Article 7, Section 7.1.3.8(c) of the Miami 21 Code to eliminate the required eighteen (18) month period between hearings for an Exception and associated Waivers to allow for the restoration, expansion, and master planning of the locally designated historic Coconut Grove Playhouse that was previously denied by the PZAB on September 5, 2018; and WHEREAS, on or about September 19, 2018, the Applicant also filed an appeal to the City Commission of the PZAB's decision regarding the Exception pursuant to Section 7.1.5(c) of the Miami 21 Code; 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/affirm the decision of the PZAB denying the Exception and associated Waivers for the Property pursuant to Section 7.1.5 of the Miami 21 Code; and WHEREAS, for the reasons stated on the record during the public hearing(s), the City Commission grants/denies the appeal and reverses/affirms Resolution No. PZAB-R-18-054 as it pertains to the appeal of the Property; 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/denies the appeal and reverses/affirms the decision of the PZAB as set forth in Resolution No. PZAB-R-18-054 and denies/grants the approval of the Exception and associated Waivers as it pertains to the appeal of this Property. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. 1 APPROVED AS TO FORM AND CORRECTNESS: 1 If the Mayor does not sign this 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.