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HomeMy WebLinkAboutHEPB (5446) ResolutionCity of Miami HEPB Resolution Enactment Number: HEPB-R-19-010 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5446 Final Action Date:3/5/2019 A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, PURSUANT TO SEC. 23-6.2(B)(4) OF THE CITY CODE OF ORDINANCES, DENYING AN APPLICATION DATED DECEMBER 17, 2018 FILED BY MIAMI-DADE COUNTY FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE RESTORATION OF AN EXISTING STRUCTURE AND NEW CONSTRUCTION OF A 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 AND KNOWN AS THE COCONUT GROVE PLAYHOUSE; FURTHER, INCORPORATING THE ANALYSIS ATTACHED HEREIN AS "EXHIBIT A". The reason for the denial is based on the expert testimony provided to the Board that the plans do not satisfy the standards of the Secretary of the Interior. The Board also leaves in place HEPB Resolution R-17-023 and allows the Applicant, if it wants, to come back to the Board to address some, or all of the concerns, heard from various members of the Board. THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION WITHIN FIFTEEN (15) DAYS. `D z7rIci Date STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) , I Personally appeared before me, the undersigned authority, rl\ICGY (ern f\dOifv Preservation Officer of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS 2. DAY OF NI 0 rcl() , 201g. SrVhCA C 1r?Utlet Print Notary Name Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath to Public State of Florida My Commission - Expires: ran --- SILVIAGONZALEZ MY COMMISSION # GG 051561 Q�f EXPIRES: November 30, 2020 Bonded Thru Notary Public Underwriters City of Miami Page 1 of 1 File ID: 5446 (Revision:) Printed On: 3/26/2019 City of Miami Planning Department Historic Preservation Office ANALYSIS FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS APPLICANT: Michael Spring PROJECT NO.: PZ-18-419 PROJECT ADDRESS: 3500 Main Highway . ZIP: 33133 NET OFFICE: Coconut Grove HEARING DATE: 2/5/2019 COMMISSION DISTRICT: District 2 (Ken Russell) STATUS: Individually Designated A. GENERAL INFORMATION: REQUEST: Pursuant to Section 23-6.2(b)(4) of the City Code of Ordinances, as amended, the Applicant is requesting a Special Certificate of Appropriateness to allow for: • Restoration of the front theater building; • New construction of a 300-seat theater incorporating historic interior architectural elements from the existing theater; • New construction of a parking structure; and, • New construction of exterior spaces and landscaping. The subject property is an individually designated structure known as the Coconut Grove Playhouse located within Munroe's Plat and the Coconut Grove Net Area. The site is located approximately on the northwest corner of Main Highway and Charles Avenue (complete legal description is on file with Hearing Boards). Folio: 0141210450140 Lot Size: Approximately 100,294 sq. ft. B. BACKGROUND: On October 5, 2005, the Historic and Environmental Preservation Board (HEPB), pursuant to Resolution No, HEPB-2005-60 (Attachment A), designated the subject property located at 3500 Main Highway also known as "Coconut Grove Playhouse" as a Locally Designated Resource. The Local Historic Designation Report (Attachment B) does not reference the interior of the structure as being architecturally significant; therefore, the Historic and Environmental Preservation Board (HEPB) has no purview over what occurs to the interior. Chapter 23-4 (c)(2)(c) of the City Code states that if the interior of a building is to be regulated by the City that the designation report ",.,describe precisely W. Adams 1/22/2019 Coconut Grove Playhouse. Project No, PZ-18-419 Page 1 of 9 those features subject to review and shall set forth standards and guidelines for such regulations. Interior spaces not so described shall not be subject to review under this chapter". The Designation Report also states that "only the south and east facades possess architectural significance". On April 4, 2017, the HEPB, pursuant to Resolution No. HEPB-R-17-023 (Attachment C), approved, with conditions, the applicant's request for a Special Certificate of Appropriateness (SCOA) to allow for a Master Site Plan to include the partial demolition of an existing structure, the reconstruction of a theatre, and the new construction of a parking garage with residential units, On April 9, 2017, a letter was submitted by two Coconut Grove residents appealing Resolution No, HEPB-R-17-023 and the Special Certificate of Appropriateness (Attachment D), On December 14, 2017, the City Commission reviewed the appeal, The Commission granted in part and denied in part the HEPB decision and modified the SCOA; found that the Appellants had standing; and found 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 (Attachment E). The following conditions were also applied: the theatre shall be developed with a minimum of six hundred (600) seats; the parking garage and other non -theatre structures shall be recessed from Main Highway to minimize visibility and the 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; if, by March 24, 2018, a minimum of $20,000,000,00 had not been pledged for the 600-seat theatre, then this subsection would be deemed void and the theatre portion of the Playhouse would then be developed with a minimum of three hundred (300) seats; the owner shall protect, restore, and maintain the Solomonic Columns, Proscenium Arches, and Cherubs; and, 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, Miami -Dade County appealed this action and, in December 2018, the Appellate Division of the Circuit Court issued a ruling in favor of the County's position that the appellants had no standing and reversed the conditions (Attachment F). On January 10, 2018, the proposed plans were reviewed by the Coordinated Review Committee (CRC). On February 21, 2018, the proposed plans were reviewed and approved by the Urban Design Review Board (UDRB). On November 7, 2018, the proposed plans were reviewed and approved by the Planning, Zoning and Appeals Board (PZAB). C. COMPREHENSIVE PLAN: The subject property is an individually designated historic resource constructed in 1927, Pursuant to Goal LU-2, 2,3 and 2,4 of the Miami Neighborhood Comprehensive Plan the City will preserve and protect the heritage of the City of Miami through the identification, evaluation rehabilitation, adaptive reuse, restoration and public awareness of Miami's historic and archeological resources, W. Adams 1/22/2019 Coconut Grove Playhouse. Project No. PZ-18-419 Page 2 of 9 The Applicant's request for restoration and new construction is in accordance with the Comprehensive Plan, Chapter 23 of the City of Miami Code of Ordinances, the Secretary of Interior Standards, and the Preservation Office Historic Design Guidelines. D. HISTORIC PHOTO: CURRENT CONDITION: E. NEIGHBORHOOD CHARACTERISTICS: ZONING Subject Property CI; Civic Institution Transect Zone W. Adams 1 /22/2019 FUTURE LAND USE DESIGNATION Major Institutional, Public Facilities, Transportation and Utilities Density of lowest abutting zone Coconut Grove Playhouse Project No. PZ-18-419 Page 3 of 9 Surrounding Properties NORTH: T5-0; Urban Center Transect Zone (NCD-3) SOUTH: T4-L; General Urban Transect Zone (NCD-2) T5-L; Urban Center Transect Zone (NCD-3) EAST: T3-R; Sub Urban Transect Zone (NCD-3) WEST: T3-R; Sub Urban Transect Zone (NCD-2) F. ANALYSIS: Restricted Commercial Maximum of 65 D.U. per acre Low Density Restricted Commercial Maximum of 36 D.U. per acre Restricted Commercial Maximum of 65 D.U. per acre Single Family Residential District Maximum of 9 D.U. per acre Single Family Residential District Maximum of 9 D.U. per acre The original Kiehnel and Elliott design was composed of three distinct sections as can be seen on Diagram A below. Section A is the three-story front section which originally housed office and retail space, Section B is the lobby, and Section C is the auditorium. Diagram B shows the current layout of the theater with a number of additions. Diagram A Diagram B On April 4, 2017, the HEPB approved the applicant's request for a Special Certificate of Appropriateness (SCOA) to allow for a Master Site Plan to include the partial demolition of an existing structure, the reconstruction of a theatre, and the new construction of a parking garage with residential units. This proposal would leave only the three-story front section of the historic structure (marked 'A' on Diagram A). The current proposal under review includes the restoration of the front building, the creation of a courtyard space delineating the crescent shape of the lobby (marked 'B' on Diagram A), and the construction of a new 300-seat theater in the location and orientation of the original auditorium (marked 'C' on Diagram A). W. Adams 5945 N Isayshore Dr. Project No. PZ-18-419 1/22/2019 Page 4 of 9 Analysis: W. Adams 1 /22/2019 Restoration of Front Theater Building The applicant is proposing to restore the front building to the 1927 Kiehnel and Elliott design. The proposed work on the Charles Avenue and Main Highway elevations includes restoring the stucco to a lime -based stucco, restoring the string course, and reconstructing the cornice line including reconstructing the missing central gable and crenellations (based on historic photographs). The windows and doors will be replaced with metal clad impact fixed windows and doors with lighting configurations that match the original windows and doors. The door and window schedules state the finish and color are to be determined, The finish, color, lighting configurations, and muntin profiles for all proposed new doors and windows on the historic front theater building shall match those of the original doors and windows and shall be submitted to Staff for review, All glass shall be clear with the option of Low-E. The first -floor store fronts will be opened up and restored for the return of retail spaces. The glazing patterns of the proposed doors differ from those shown in historic photographs which show the doors had a 3 x 4 lighting configuration and possibly a transom. The applicant shall work with Staff to determine the most appropriate door styles for the historic front theater building. A new blade sign will be installed on the front elevation. The design appears to be based on the original sign, The twenty foot (20') high sign will contain fabricated aluminum reverse - firing channel letters and a neon tube around its edge. New storefronts will be inserted into the first -floor level at the northern elevation of the front section. This alteration will comprise two sets of windows each containing four rectangular glazed sections. This alteration can be supported as the windows are on a secondary elevation. The rear elevation of the front building, which is currently attached to the lobby, will be newly constructed when the lobby area is demolished. Storefronts with swing glazed doors will be installed at first -floor level. Single and double windows containing vision glass will be installed on the second and third floor levels. Specifications for all windows on the rear elevation shall be submitted to Staff for review. All glass shall be clear with the option of Low-E. The wall will be coated with stucco to match the original. At the center of the first - floor level will be an arched entry way leading to the courtyard and proposed new theater building. The renderings do not indicate how the entry way will be secured from the courtyard. Details of the proposed method of enclosure shall be submitted to Staff for review. The renderings indicate the first -floor .rear elevation will be covered with foliage. These alterations can be supported as this elevation is not visible from the right-of-way and is currently attached to the original lobby which will be demolished. The renderings indicate the exterior of the historic structure will be painted a brown color; however, no paint chips have been provided. The proposed color is based on a historic paint analysis. Paint chips indicating the proposed paint colors and manufacturer shall be submitted to Staff for review. Coconut Grove Playhouse. Project No. PZ-18-419 Page 5 of 9 W. Adams 1/22/2019 New Theater Building The new theater building will be constructed behind the three-story front section and will be separated from it by a courtyard space delineating the crescent shape of the original lobby. The irregularly shaped structure will contain a lobby, a three -hundred seat auditorium, a stage, and ancillary spaces such as rehearsal space, a scene shop, a green room, prop storage, a costume shop, and restrooms. The front (southeast) elevation will be constructed from key -stone rock veneer walling with a bronze painted glazed curtain wall with bi-folding glazed doors and clear Low-E vision glass. A trellis will extend from above the front elevation, across the courtyard to the front three-story building. All other elevations will be of scored stucco — vertical scoring on the auditorium and stage elevations, horizontal scoring on all other elevations. Window specifications for all elevations shall be submitted to Staff for review. The parapet heights for various elements of the new theater building range from approximately twenty-two feet (22') for the ancillary use structures to twenty-seven feet, two inches (27' 2") for the lobby area to forty-four feet (44') for the auditorium to sixty-four feet (64') for the fly tower area (Drawing A203 "Exterior Elevations" shows the height of the fly tower parapet as sixty-four feet and sixty-five feet on the East Elevation drawing. The drawing shall be corrected). The parapet height of the front three-story building is approximately thirty-nine feet six inches (39' 6"). This will screen the ancillary use structures, the new lobby and the auditorium from Main Highway. The proposed fly tower height is sixty- four feet (64'). The drawings suggest it will not be visible from Main Highway above the historic front theater building; however, confirmation of this shall be supplied to Staff. The applicant proposes to incorporate historic architectural features from the existing theater into the proposed new theater including the double proscenium arch, Solomonic columns, fish fountains, and concrete grilles. While these features will be removed from their historic context, they will serve as a reminder of the original Coconut Grove Playhouse, This proposal can be supported; however, the applicants shall work with Staff to determine how they can most appropriately be incorporated into the new theater and be given maximum exposure to all visitors. The applicant shall also work with Staff to create a permanent interpretive display detailing the history of the Coconut Grove Playhouse. New Parking Structure A new parking structure is proposed for the corner of Main Highway and Thomas Avenue to the northeast of the theater. The garage will be lined with four-story office and retail elements to the southeast elevation fronting Main Highway and the northwest elevation fronting the West Grove residential neighborhood. The first floor of the southeast and northwest elevations will contain storefronts with fixed windows and clear Low-E glazing, The upper floors will contain glazed units recessed behind a wood composite rainscreen. The office elements of the northeast and southwest elevations will contain glazing and the parking levels will be screened by a perforated metal screen. Specifications and details of all doors, windows, and glazing shall be submitted to Staff for review, Specifications, details, and a Coconut Grove Playhouse. Project No, PZ-18-419 Page 6 of 9 sample of the perforated metal screen on the new parking structure shall be submitted to Staff for review. Access to the parking garage will be via an entrance and exit on Main Highway. The parking garage will serve not only the theater users but also the nearby businesses and schools, The parking structure can be supported by Staff; however, the height of the structure is fifty- two feet (52') which is greater than the thirty-nine foot, six inch (39' 6") height of the historic front theater building. The parking structure setback helps to lessen its impact on the historic structure; however, consideration shall be given to further minimizing this impact. Exterior Spaces and Landscaping A courtyard delineating the crescent shape of the original Playhouse lobby will be created between the historic front theater building and the proposed new theater structure. The area will be surfaced with grey concrete paving and will contain palm trees and rock/stone benches and decorative features. The courtyard will be partially covered by a trellis with foliage spanning between the three-story front building and the proposed new theater, Details and specifications of the proposed benches and decorative features shall be submitted to Staff for review. A `paseo' will be constructed between the proposed new theater and parking structure. This will link Main Highway and Downtown Coconut Grove with the West Grove neighborhood and will provide access to retail spaces in the parking structure. The paseo will be surfaced with grey concrete paving and landscaping will consist of grass and trees. A new pocket park will be created at the north end of the site on the corner of Thomas Avenue and Via Abitera Way. Renderings indicate the park will consist of gray concrete paving walkways, shrubs, trees, and decorative features. Details and specifications of the proposed decorative features shall be submitted to Staff for review. The proposed courtyard, paseo, and pocket park can be supported by Staff. Findings: Consistent G. NEIGHBORHOOD SERVICES: Code Compliance Required Building Required NET Required Environmental Resources Required H. CONCLUSION: The application has demonstrated compliance with Chapter 23 entitled "Historic Preservation" of the City of Miami Code of Ordinances and the Secretary of the Interior's Standards, Staff finds the request complies with all applicable criteria and finds that the request for a Special Certificate of W. Adams 1/22/2019 Coconut Grove Playhouse, Project No. PZ-18-419 Page 7 of 9 Appropriateness for restoration and new construction does not adversely affect the historic, architectural, or aesthetic character of the subject structure subject to the following conditions as stipulated in subsection "I" entitled "Recommendation" as listed below. I. RECOMMENDATION: Pursuant to Section 23-6.2(b)(4) of the City of Miami Code of Ordinances, as amended, and the Secretary of Interior Standards, the Preservation Office recommends approval with conditions of the Special Certificate of Appropriateness. W. Adams 1/22/2019 1. The site shall be developed pursuant to the plans as prepared by Arquitectonica, consisting of sixty-six (66) sheets submitted under PZ-18-419. The plans are deemed as being incorporated by reference herein. 2. All glass shall be clear with the option of Low-E. 3. Full specifications and manufacturer's brochures or color photographs shall be submitted for all proposed doors and windows in the historic front theater building, the new theater structure, and the new parking structure. 4. The finish, color, lighting configurations, and muntin profiles for all proposed new doors and windows on the historic front theater building shall match those of the original doors and windows and shall be submitted to Staff for review. 5. The applicant shall work with Staff to determine the most appropriate door styles for the historic front theater building. 6. Details of how the arched entry way on the rear elevation of the historic front theater building will be secured shall be submitted to Staff for review. 7. Paint chips indicating the proposed paint colors and manufacturer shall be submitted to Staff for review. 8. Drawing A203 "Exterior Elevations" shows the height of the fly tower parapet as sixty-four feet and sixty-five feet on the East Elevation drawing. The drawing shall be corrected. 9. Confirmation that the proposed new fly tower will not be visible from Main Highway above the historic front theater building shall be supplied to Staff. 10. The applicants shall work with Staff to determine how the historic architectural features from the existing theater may be most appropriately incorporated into the new theater and be given maximum exposure to all visitors. 11. The applicant shall work with Staff to create a permanent interpretive display detailing the history of the Coconut Grove Playhouse, Coconut Grove Playhouse. Project No, PZ-18-419 Page 8 of 9 W. Adams 1/22/2019 12. Specifications, details, and a sample of the perforated metal screen on the new parking structure shall be submitted to Staff for review. 13. Consideration shall be given to further minimizing the impact of the proposed new parking structure on the historic front theater building. 14. Details and specifications of the proposed courtyard and pocket park benches and decorative features shall be submitted to Staff for review, 15. The applicant shall apply for a Certificate to Dig for demolition and new construction as the property is located within a High Probability Archaeological Conservation Area, 16, The Resolution shall be included in the master permit set. 17. The Applicant shall comply with all applicable requirements of the Miami 21 Code and Chapter 17 and Chapter 23 of the City of Miami Code of Ordinances. 18, The Applicant shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process. Warren Adams Preservation Officer Coconut Grove Playhouse, Project No, PZ-18-419 Page 9 of 9 Attachment 'A' RESOLUTION NO. HEPB-2005-60 A RESOLUTION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB") OF THE CITY OF MIAMI, FLORIDA, DESIGNATING THE COCONUT GROVE PLAYHOUSE, LOCATED AT 3500 MAIN HIGHWAY, AS A HISTORIC SITE, AFTER FINDING THAT IT HAS SIGNIFICANCE IN THE HISTORICAL HERITAGE OF THE CITY OF MIAMI, POSSESS SING I INTEGRITY ANY OF DESIGN, SETTING, MATERIALS, WORKMANSHIP, ASSOCIATION; AND MEETS CRITERIA 3, 5, AND 6 OF SECTION 23-4(A) OF THE MIAMI CITY CODE; FURTHER ADOPTING AND INCORPORATING HEREIN THE DESIGNATION REPORT FOR SAID HISTORIC SITE; AND FURTHER AMENDING THE HISTORIC AND ENVIRONMENTAL PRESERVATION ATLAS TO REFLECT SAID HISTORIC DISTRICT DESIGNATION. PASSED AND ADOPTED THIS 5TH DAY OF OCTOBER, 2005. ITEM NO. 3 VOTE: 8TO0 f I ATTEST: 1<i i 1WO KATHLEEN S. KAUFFMA PRESERVATION OFFICER Attachment `B' COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY Designation Report City of Miami REPORT OF THE CITY OF MIAMI PRESERVATION OFFICER TO THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ON THE POTENTIAL DESIGNATION OF THE COCONUT GROVE PLAYHOUSE AS A HISTORIC SITE Prepared by Ellen Uguccioni for Janus Research, Consultant Prepared by Sarah E. Eaton, Preservation Officer Passed and Adopted on Resolution No. CONTENTS I. General Information II. Significance III. Description IV. Planning Context V. Bibliography 3 4 7 10 14 15 I. GENERAL INFORMATION Historic Names: Coconut Grove Theatre Grove Theater Current Name: Coconut Grove Playhouse Location: 3500 Main Highway Miami, FL Present Owner: Coconut Gove Playhouse LLC 3500 Main Highway Miami, FL 33133 Present Use: Performing Arts Theater Zoning District: G/I - Government/Institutional Tax Folio Number: 01-4121-045-0140 Boundary Description: That portion of Lot 10 located northerly and westerly of Ingraham Highway and northerly of Charles Street of the plat of MONROE'S PLAT, as recorded in Deed Book D at Page 253, of the Public Records of Miami -Dade County, Florida; together with the easterly 140 feet of northerly 117 feet, and the easterly 52.5 feet less the northerly 117 feet of Block 29 of the plat of FROW HOMESTEAD, as recorded in Plat Book B at Page 106, of the Public Records of Miami -Dade County, Florida; 4 together with Lots 1 and 2 of the plat of ENGLE SUBDIVISION, as recorded in Plat Book 64 at Page 43, of the Public Records of Miami -Dade County, Florida. Classification: Historic Site 5 COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY WILLLAM AVENUE RI ?S UG location site plan II. SIGNIFICANCE Specific Dates: 1926 1955 - Remodeling Architects: Kiehnel and Elliott - 1926 Alfred Browning Parker - 1955 Builder/Contractor: Albert V, Peacock - 1926 Statement of Significance: The Coconut Grove Playhouse is a noteworthy expression of the Florida Land Boom that has survived to the present day. The original design by the critically important architectural firm of Kiehnel and Elliott, was a fanciful Spanish Rococo movie palace. The theater was intended to be Miami's most elaborate theater with the largest seating capacity of any theater in Miami. In 1955, under the hand of noted architect Alfred Browning Parker, the theater was remodeled to accommodate the Coconut Grove Playhouse, Miami's first live, legitimate theater, which evolved into one of the most important regional theaters in the country. In many ways, the Coconut Grove Playhouse embodies the metaphoric Boom and Bust cycles that Florida has experienced, and continues as a signature building reflecting the heyday of Coconut Grove. On January 15, 1926, ground was broken for a new theater at the corner of Main Highway and Charles Street in Coconut Grove. The theater was a project of the Irving J. Thomas Company, which had been brokering real estate in Coconut Grove as early as 1912. Almost one year later, before its opening, Thomas turned over the theater to Paramount Enterprises, Inc., the moving picture studio and theater builders. Mr. Thomas explained that with Paramount running the movie house, it would better serve the citizens of Coconut Grove, as they were likely to have access to more attractions. The Coconut Grove Theater became the eleventh Paramount Theater to open in southeastern Florida. In the announcement for the theater's construction, the article boasted that the auditorium would contain more seats than any other theater in Miami, and would be equipped with the latest model of an orchestral pipe organ. The building 7 would be climate controlled year-round through the use of a "pressure system of ventilation" that could produce cool air during the hottest of days. The building was designed for mixed uses, and included seven storefronts on the ground floor, and offices on the second. The third floor contained apartments. On Saturday, January 1, 1927, actor Adolf Menjou headlined D. W. Griffith's production of the Sorrows of Satan, the opening night feature at the Coconut Grove Theater. Accompanying the movie was the 12-piece orchestra of Arnold Johnson, and Celia Santon playing the Wurlitzer Concert Grand Organ. The theater accommodated 1,500 patrons anxious to experience the fantasy world created by the moving pictures. The Reverend J. D. Kuykendall of Plymouth Congregational Church gave the dedicatory address, comparing the growth of the motion picture industry with that of Coconut Grove itself. The house was packed for both showings of the film. The theater opened at perhaps the worst possible time, as the financial climate in South Florida was at an all time low. The theater managed to stay open until the 1930s, after which it closed. The theater served a new purpose during World War II, when it was used as a school to train Air Force navigators. Following the war, the building was shuttered, and would remain so until 1955, when George Engle purchased the theater for $200,000 with the intent of creating a legitimate performing arts theater. Finding the theater in an advanced state of disrepair, Engle hired Coconut Grove architect Alfred Browning Parker to refurbish it and decorate it for a more contemporary era. The cost of the alterations was estimated at $700,000. Renamed the Coconut Grove Playhouse, the renovated theater reopened on January 3, 1956, with the U.S. premiere of Samuel Beckett's existential play, Waiting for Godot. Engle found the succeeding years disappointing in terms of financial success and attracting audiences. He closed the theater in 1960. After leasing the building for several years, producer Zev Buffman bought the building in March 1966 for more than $1 million. In 1970, the Playhouse changed ownership again when former actor Eddie Bracken and his associates purchased the building. When Bracken's group failed to pay its debts, the Playhouse was ordered sold at auction on the steps of the county courthouse. The Playhouse survived destruction when Arthur Cantor and Robert Fishko managed to buy the theater, which reopened for the 1971-72 winter season. Cantor and Fishko sold their interests to the Players Repertory Theater in 1977, which renamed the theater as the Players State Theater. The State of Florida acquired the playhouse in 1980 by purchasing its $1.5 million mortgage. The State contracted with the Coconut Grove Playhouse, Inc. to operate the theater, and in 2004 transferred the title to the Coconut Grove Playhouse LLC Inc. 8 When it was built, the Coconut Grove Playhouse was an extraordinary example of the style that relied on architectural prototypes from around the Mediterranean Sea. The design .became the preeminent choice for architecture in South Florida during the Florida Land Boom of the 1920s. At the time, journalists described it as "Spanish," "Spanish Rococo," and even as "Domestic Spanish type produced in Valencia and Catalonia along the shores of the Mediterranean Sea during the 15th century." In an article entitled "The New Mediterranean Architecture of Florida," written by Matlack Price and published in the June 1925 edition of House Beautiful, the author describes the style that became the pre-eminent choice for buildings in Florida during the Land Boom of the 1920s. He begins by describing the Spanish - derivative forms in California, specifically referencing the Mission Revival, and then continues to Arizona and Texas to describe Pueblo designs. It is Mr. Price's contention that the "Mediterranean style" is a composite of the trends occurring in California and the West that has a singular character expressed only in Florida, and particularly the Greater Miami area. He states: It might be said that the architects of Coral Gables recognized, as California recognized, the rightful heritage of Spain, but they did not confine their vision, and scanning the shores of the Mediterranean perceived certain elements of Italian architecture could be effectively blended with Spanish, and that there were other lands on the horizon, as wet, lands full of excellent architectural material. When Mr. Price spoke of "other lands on the horizon," he was referring to Italy, the French and Italian Riviera, as well as the Northern Coast of Africa, which had a rich Moorish heritage. The Mediterranean Revival style was not limited to Florida, but finds examples across the country, notably in California, Arizona, and Texas. Contemporary architectural historians have differed in their choice of names for this Florida phenomenon, but all agree that there is an eclecticism that capitalizes on a number of design traditions. Virginia and Lee McAlester, in their best seller A Field Guide to American Architecture, begin their explanation with a section entitled "Eclectic Houses 1880-1940." They then call out variants of what has been generically called Mediterranean Revival. They include the following styles: Italian Renaissance, Mission, Spanish Eclectic, Monterey, and Pueblo Revival. Professor David Gebhard, in his article for the Journal of the Society of Architectural Historians entitled "The Spanish Colonial Revival in Southern California," provides a simpler explanation. He states that in the broader application, the style is best called "Spanish Colonial Revival." He then notes that 9 the Spanish Colonial Revival had two distinctive variations, first the Mission Revival and later the Mediterranean Revival. In South Florida historians are comfortable with the stylistic identity of Mediterranean Revival. The Coconut Grove Playhouse is indeed a particularly fine example. The hallmarks of the Mediterranean Revival style include masonry construction with broad areas of uninterrupted surfaces covered with stucco that is frequently textured; cast stone or concrete ornament, typically reserved for the embellishment of windows and doorways; a combination of roof slopes including flat, gabled and sometimes hipped; the use of arcades, loggias, and colonnades to provide sheltering, yet open areas; the juxtaposition of one and two stories; clay barrel tile roofing; awnings; decorative ceramic tiles; and wrought iron accents. The Coconut Grove Playhouse expresses the style of the Mediterranean Revival in its dramatic entrance portal, which is emphasized by the use of cast ornament that continues to the third floor. The spiral or twisted columns and the classically - inspired entablature that runs above the entrance doorway are also characteristic of the style. The loggias on each side of the theater express a key concept of the Mediterranean Revival style as they allow an open, yet sheltered area that maximizes the opportunity to be outdoors. Richard Kiehnel (1870-1944) studied at the University of Breslau (Germany) and L'Ecole Nationale des Beaux Arts. In 1906, he began a practice with John B. Elliott in Pittsburgh, Pennsylvania. Kiehnel was named as the designer, and apparently Mr. Elliot dealt with the construction end of the projects. His first commission in Florida came in 1916 when John Bindley, President of Pittsburgh Steel, decided to build a home in Coconut Grove. The home, dubbed "El Jardin," was completed in 1917. Some architectural critics note that El Jardin is one of the earliest, if not the earliest, Mediterranean Revival designs in South Horida. The home, now a part of the Carrolton School for Girls complex, fronts directly on Biscayne Bay, and is a magnificent Italian Renaissance palace featuring a wealth of picturesque design detail, including the highly intricate Spanish Churrigueresque ornament associated with Baroque architects Jose, Joaquin and Alberto Churriguera. Their lavish surface ornamentation, that some call "over decoration," was a hallmark of the Spanish Baroque style, and can frequently be seen in the works of Richard Kiehnel. An obituary published in the Miami Daily News noted: It is with deep regret that the Miami Daily News notes the passing of Richard Kiehnel, one of the most gifted architects of his time, monuments to his genius are the many prominent Miami buildings he designed. Other architects were quick to follow his leadership in design, thus he may truly be called the father of Miami's distinctive architecture. Kiehnel's designs include: 10 The Scottish Rite Temple Coral Gables Congregational Church Miami Senior High School Rollins College Shorecrest Hotel 471 NW 3rd Street, Miami 3010 DeSoto Boulevard, Coral Gables 2450 SW 1st Street, Miami Multiple Buildings, Winter Park 1535 Collins Avenue, Miami Beach Alfred Browning Parker (1916-) is the architect who made the change from Richard Kiehnel's Mediterranean movie palace interiors to the stark modernity that characterized his own era. Parker, considered one of the outstanding and precedent -setting architects form the 1950s and beyond, was in fact a conl.emporary of Kiehnel and, at one time, they both were associated with the magazine Florida Architecture and Allied Arts. In 1935, Kiehnel was the first publisher of the magazine, and he served on the editorial board until his death. In 1947, Parker became a member of the editorial staff along with Kiehnel, Robert Law Weed, Robert M. Little, Wahl Snyder, G. Clinton Gamble, and Frederick G. Seelman. Alfred Browning Parker received his B.S. in Architecture at the University of Florida in 1939. He served as an associate professor at the school from 1942 until 1946, the year he began his architectural practice in Miami. Parker was certainly aware of the South Florida predilection for buildings of an Art Deco or Mediterranean design. However, Parker chose to abandon any sense of historicism in his own designs, favoring instead an approach that capitalized on the environment, structure, and materials. Parker became a leading voice in the new contemporary architecture of Florida. He was a prolific writer and expressed his opinions in the American Institute of Architects Journal, the Architectural Forum, and the Architectural Record. In 1965, he published You and Architecture, a book that dealt with good architectural design targeted at the layman. Parker has designed residential, commercial, religious, and institutional buildings during his long career. He is probably most noted for his residential designs. In 1954, House Beautiful magazine chose a Parker design for its "Pace Setter House." The 1958-59 edition of Florida Architecture magazine published the Don Gayer House in Coconut Grove. Here Parker separated the living and sleeping quarters with an outdoor living space. Parker's alterations focused on the interior of the theater. Exterior alterations were limited to the removal of the ornamental parapet in the center and side bays of the entrance and the removal of the storefronts, although the reveal of the storefronts is still present. The roofline is now straight, with ornamental tile coping terminating the wall. Relationship to Criteria for Designation: 11 As stated above, the Coconut Grove Playhouse has significance in the historical and architectural heritage of the City of Miami; possesses integrity of design, setting, materials, workmanship, feeling and association; and is eligible for designation under the following criteria: 3. Exemplifies the historical, cultural, political, economical, or social trends of the community. The Coconut Grove Playhouse exemplifies the historical, cultural, economical, and social trends of Coconut Grove during the twentieth century, particularly the Boom and Bust cycles that characterize the history of Miami. The theater was built as the Coconut Grove Theater during the heyday of the 1920s real estate boom. Designed in a flamboyant "Spanish Baroque" style, the theater reflects the optimism and disposable wealth of Miami's citizens and the fascination with Mediterranean architectural precedents. Reborn in 1955 as the Miami's first live, legitimate theater, the Coconut Grove Playhouse evolved into one of the most important regional theaters in the country. 5. Embodies those distinguishing characteristics of an architectural style, or period, or method of construction. The design of the Coconut Grove Playhouse embodies the Mediterranean Revival style, and featured a highly decorative entrance, enriched window surrounds, and decorative detail associated with the design. Despite a few alterations, the Playhouse still retains enough integrity to convey its original Mediterranean Revival style and still exhibits its major character -defining elements. 6. Is an outstanding work of a prominent designer or builder. The Coconut Grove Playhouse is associated with two of South Florida's most prominent architects. Richard Kiehnel, who designed the original building, is considered one of South Florida's most outstanding architects. Kiehnel completed much of his work during the real estate boom of the 1920s, but also went on to make contributions into the 1930s and 1940s. As editor of the publication Florida Architecture and the Allied Arts, Kiehnel also influenced generations of new architects. Alfred Browning Parker is considered an outstanding living architect whose work is more aptly described as "Modernist." Parker remodeled the interior of the theater, dramatically changing its style from a highly decorative Mediterranean Revival tour de force to a building that reflected the "clean," unornamented, geometrically defined architecture of the era to which he belonged. 12 III. DESCRIPTION Present and Original Appearance: Setting: The Coconut Grove Playhouse is located on the northwest corner of Main Highway and Charles Avenue. The main entrance is canted at the junction of the two streets. A parking lot is located immediately to the north. The building has a zero -foot lot line, and is directly adjacent to the sidewalk. Original Appearance: A Miami Herald article, dated January 1, 1927, announced the grand opening of the Coconut Grove Theater. The physical description of the theater in the article was quite detailed and allows a thorough understanding of the subsequent changes. In addition to the theater, which could seat 1,500 patrons, the building housed seven storefronts on the ground floor, ten offices on the second story, and apartments on the third story. The mass of the building was arranged as two wings that hugged the sidewalk, bridged by the highly ornamental entrance bay, which was canted at the corner. The entrance bay was intended to be the focus of the composition, and was recessed from the two wings at the corner, lending it even greater prominence. The ground floor featured cast concrete spiral columns that framed the entrance to the lobby and terminated in an elaborate cornice. Above it, the cast treatment extended only to the three windows in the center bay. The third floor was dressed in elaborate window surrounds in anticipation of the termination of the building, an elaborately shaped parapet that extended well beyond the roof. The division of each floor was emphasized by a projecting stringcourse that extended around to the sides of the building. The design by Kiehnel and Elliott maximized the year-round Florida climate. On each side of the theater, the architects created a loggia, or patio, eight feet in width that was framed by arches with panels containing ornamental wrought iron grilles. A fountain element banked in lush greenery was a focal point on both sides of the patio. The ornamentation of the sidewalls was purposefully simpler. On the ground floor, the rectangular storefronts were spaced evenly across the sides, with their only embellishment a striped canvas awning. The second floor was left unadorned, with only the rhythm of the casement windows enlivening the space. The third floor was the most decorated with a tripartite arrangement of windows, featuring 13 an elaborate cast surround that mimicked the ornament of the front entrance, placed intermittently across the facades. Present Appearance: In 1955, Coconut Grove architect Alfred Browning Parker was hired by then -owner George Engle to redesign the theater. The great majority of the exterior of the building, however, remains as it did when first designed. The most obvious change is the loss of the ornamental parapet in the center and side bays of the entrance. The roofline is now straight, with ornamental tile coping terminating the wall. Although the entrance bay originally terminated in an elaborately shaped parapet, the building still expresses its Spanish identity by the flat roof and barrel tile coping that extends across the now unadorned parapet and the original cast ornament surrounds. The storefronts were removed, although the original reveal remains. Additions: Although somewhat inconclusive, a comparison of available building records, photographs, and newspaper clippings seems to reveal that what had previously been freestanding, independent buildings were incorporated into the main theater building sometime in the early 1970s. A one-story hyphen connects the north wall of the theater with a two-story building that fronts on Main Highway and the adjacent parking lot immediately north. These one- and two-story buildings seem out of character with the original theater building, as the treatment of the connecting bay on Main Highway, while maintaining the rhythm of the bays, is fenestrated with a geometrically disproportionate window. The narrow windows of the second story of the end building also seem not to reflect the proportions of the original building, and the rustication of the exterior appears as an incongruous element. Contributing Structures and/or Landscape Features: Contributing structures within the site include the Coconut Grove Playhouse itself. Only the south and east facades possess architectural significance. There are no contributing landscape features. 14 Coconut Grove Playhouse 3500 Main Highway South and southeast facades 2002 15 Coconut Grove Playhouse 3500 Main Highway South and southeast facades 1927 16 IV. PLANNING CONTEXT Present Trends and Conditions: The Coconut Grove Playhouse ranks high among the landmark buildings in Coconut Grove, along with the Plymouth Congregational Church and The Barnacle (Commodore Ralph Monroe Estate). The previously mentioned buildings represent the nineteenth century pioneering era and the early twentieth century, when Coconut Grove was a sleepy residential enclave. The Playhouse is one of the very few remaining structures in downtown Coconut Grove that typify the flamboyant and frenetic era of the real estate boom of the 1920s. When the State of Florida transferred ownership of the Playhouse to the Coconut Grove Playhouse LLC Inc. in 2004, it paved the way for the next phase in the evolution of the property. In order to provide a long-term endowment for the theater, the Playhouse has announced its intention to team with a developer to preserve as much of the exterior of the theater as possible, while constructing a new theater, condominiums, and a parking garage on the site. Preservation Incentives: Because of the nonprofit status of the Coconut Grove Playhouse LLC Inc., most historic preservation fax incentives are not applicable. The Playhouse, however, has been approved for $15 million from the 2004 Miami -Dade County General Obligation Bond program. These bond funds will be paired with $5 million from a previous bond issue to fund a program to restructure the Playhouse. 17 Y. BIBLIOGRAPHY "Builders Originally Intended to Operate New Grove Theater," Miami Daily News and Metropolis, January 3,l927. "Coconut Grove k4DVie To (}pen Saturday Night" Miami News and Metropolis, January 3, 1927' page 4. Cohan, Carol. 8nnOdvvoy by the Bay: Thirty Years of the Coconut Grove Playhouse. Miami: Pickering Press, 1987, Our|oo,8eth. "Grove Playhouse Restoration Gets oGood Revh*vv"Miami Herald, January 9,l983 p0ge2L. Gebho[d. David. "The Spanish Colonial Revival in Southern California (1895- 1930)'" The Journal of the Society of Architectural Historians, Vol. 26, May l967'pages l3l-l47. "Grove Theater Conversion 8egirs,"Miami Herald, July l(ll955. KJeinberg. Howard. "Grove Theater Survives Its Perils," Miami News, December 17' l983,page 4C. "New Theater Opens on New Year's Day," Miami Herald, December 31, 1926. Price, Matlack, "The New Mediterranean Architecture of Florida: The Keynote b Expression of the Picturesque," The House Beautiful, Vol. |V U. No. YL June 19, 1925. Russell, Candice, "GK]ve's 'Nicest Gift' b5OYears {}|d," Miami Herald, January 3, 1975, "Theatre Building Remode|ed,"Miami DaflyNews, July l{\l955.page 5C. "Theater Structure Is ArbtkzThUrnph," Miami Herald, January l, 1927. "The Theater that Refused to Call it Curtains," Miami News, December 26, 1965, 18 Attachment 'C' Miami Historic and Environmental Preservation Board Resolution: HEPB-R-17-023 File ID 1960 April 4, 2017 item HEPB.3 Mr.Todd Tragash offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL. PRESERVATION BOARD APPROVING, WITH CONDITIONS (ATTACHED HERIN AS EXHIBIT "A") AN APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE MASTER SITE PLAN TO INCLUDE 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 AND KNOWN AS THE COCONUT GROVE PLAYHOUSE, LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY Upon being seconded by Mr. Najeeb Campbell the motion passed as amended and was adopted by a vote of 4-1: Mr. Najeeb Campbell Yes Mr, David Freedman Absent Unexcused Mr, Jonathan Gonzalez Yes Dr. William E. Hopper, Jr. Yes Ms. Lynn B. Lewis No Mr, Hugh Ryan Absent Unexcused Mr. Jordan Trachtenberg Absent Unexcused Mr. Todd Tragash Yes Efren NU Z Interim P Nation Officer STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ExeCution Date Personally appeared before me, the undersigned authority, Efren Nunez, Preservation Officer of the City of Miami, Florida, and acknowledges that she executed the +foregoing Resolution, SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF , 2017, ticA, Print Notary Name Personally know \i/ or Produced I,E), Type and number of I,D, produced Did take an oath or Did not take an oath ic State of Florida My Commission Expires: 41, MY COMMISSION #G0 05.1S61 SILVIAGONZALEZ EXPIRS: November 30,2020 o it,\,o Banded 'Nu Notary Ptitallecrendere Miami Historic and Environmental Preservation Board Resolution: HEPB-R-17-023 EXHIBIT "A" 1. The original Kiehnel Structure containing the South and East facades shall be: preserved. 2. The South and East facades shall be restored to the Kiehnel phase Of arChitecture. 3. The storefronts on the ground floor shall be reopened. 4. Any additions to the original building shall be in keeping with the Secretary of Interior's Standards for New Additions to 'Mid -size buildings, 5. Glass*shall be clear with an option of low-E Coating. 6. .Alt windows and doors that are visible from the right of way (as determined by staff) must match the configuration as shown in the historic photo attached to the staff report as ,Exhibit B. 7. Any ground disturbing work assoeiated, With. the master plan shall be monitored by an archaeologist and an archaeological report detailing the monitoring which shall submitted to the Historic Preservation. Office. 8. This Certificate of Appropriateness is subjeut to approval by zoning, building,. aud. all other required city and county departments, 9, The restoration of the facades of the 'historic structure shall be restored in accordance with the plans as prepared by Architectonic -a entitled "Coconut Grove Playhouse" consisting of 16 pages dated Stamped received by the:PreserVation Officebn March 6, 2016„ 10, Staff recommends approval of the conceptual master plan as prepared by ArchitectoniCa entitled "Coconut Grove Playhouse" consisting of 16pages dated stamped received by the Office of Historic Preservation on March 6, 2016, The Final Master Plan shall be developed in accordan.ce with Section 5,7.2 entitled "Civic Institutional" of the Miami 21 Code. 11. No demolition permit will be issued until the plan coniesback to the HEPB and is approved. 12. The concept that is being approved in this plan is in concept only, the HEPB has the purview to require different configurations, heights, setback etc. for the -development of each individual 13. All the buildings will come collectively in one application to the HEPB. Attachment 'D' APPEAL LETTER FOR COCONUT GROVE PLAYHOUSE April 19, 2017 RESOLUTION HEPB R-17-023 AL. 17•z: rti • el Dear Hearing Boards Department, 7n? As per Miarni City Code Section 23-6.2 (e), this is a Written Notice of Appeal of the Hieric. and Environmental. Preservation Board's (HEPB) approval on April 4, 2017, of a Certificaa of Appropriateness (COA) for the Coconut Grove Playhouse located at 3500 Main High:way,x. Miami FL 33133. That COA was Item No, 03 on the HEPB agenda, file ID number/resolution-1 number is HEPB R.-17-023. The reasons and grounds for the appeal are as follows: 1. The HEP Board was required to postpone consideration of the application until the interior of the Playhouse was properly evaluated as whether is has historical significance. The staff recommendation that the "Board does have authority to consider interior" was incorrect. Rather than accepting staffs recommendation, for approval of this COA and the impression that the Board has no authority over the playhouse interior because of the designation report, the HEPB had the responsibility to direct staff to amend the flawed and inadequate historic designation report to include/consider the auditorium interior. The -HEP Board was required to delay/deny the current COA application until such time as a proper and. complete COA application package has been submitted and until the applicant has received comments on their proposal from the State Historic Preservation Office as is required under Florida Statute 267 el seq, and other applicable federal statutes. 2. . The HEP Board decision should be overturned because the HEP Board did not have sufficient supporting data to issue a COA because the Board relied on an incomplete application, flawed technical advice, and a. flawed and inadequate Historic Designation Report and Historic Structures Report. Based on. expert .testimony at the April 4, 201.7 hearing, both documents are were shown to be flawed. The interior should have been included based upon the Chapter .23-4 (c)(2)(c). Investigation in January 201.7 revealed that despite prior renovations and damage from years of neglect a significant amount of the original historic fabric is still in place and is in very restorable condition. The HEP Board decision. also relied on insufficient, inadequate, or flawed data concerning the conceptual master plan. Without sufficient data and drawings concerning massing, materials., and scale, the HEPB was unable to adequately evaluate the proposal to restore only the facades and to demolish the existing theater or how the theater connects and relates to the new construction, 'The HEP Board decision also relied on incomplete, inadequate, or flawed data concerning adverse impacts on the historic context, adjacent properties and neighborhoods including historic Charles Avenue, and traffic and parking, and the use of the bond funds for garage and retail. 3. The .HEP Board was wrong when it approved a COA of the master plan without reviewing the aesthetics or other compatibility of the project in comparison to the theater, Rather, the HEP Board was required to consider the technical aesthetic components of what the overall composition of the site would. entail. Here, the HEP Board has approved locations, demolition of 1..mv Ovvicr, oF Loww.J. KuviN, 17 E. h ,m11.Eit Sr, Strut 0223, Mimi iL 3313t - 3t 6..350.6800 the main building, and construction of a parking garage, apartments, and retail stores without any architectural documentation. Furthermore, the HEP Board approval of the COA of the master plan was done absent any review concerning the uses of new buildings which are included in the master plan. Rather the HEP Board was required to consider the compatibility between the existing structures, the surrounding neighborhood and existing businesses, and the new "appropriate buildings" that the site would entail. Here, the HEP Board has approved locations of new vastly larger buildings, demolition of the main building, and construction of a parking garage, apartments, and retail stores without any architectural documentation or studies regarding traffic, or the impact on the surrounding neighborhoods and businesses. 4. The approval by the .HEP Board of the COA was contrary to City of Miami/Miami Dade County code because it improperly allows the applicant to continue moving forward with the "restoration" of the structure of the existing designated facades while being allowed. to demolish the existing theater while the applicant continues to finalize the final 90% of the details of the additional buildings within the site. This appeal is requested by the following aggrieved parties: 1. Barbara Lange is a resident of Miami. -Dade County, and who lives in Coconut Grove at 3901 Braganza Ave, Miami FL 33133, spoke at the HEPB meeting on April 4, 2017. Ms. Lange is an aggrieved party because she is a homeowner in the City of Miami in close proximity to the Playhouse and she also spoke and presented evidence at the April 4, 2017 HEP Board hearing. Ms. Lange is a member of several neighborhood associations concerned with .historic preservation and development issues in Coconut Grove and has long-standing involvement in these issues. As a resident of Miami -Dade County, Ms. .Lange wilt be affected by any decision(s), including the April 4, 2017 resolution HEPB R-17-023, regarding the Playhouse due to the fact that Miami-Dad.e County has funded a portion of the project ($1.5 million) with monies from the 2004 Building Better Communities GOB and additional monies ($5 million) from the 2005 Convention Development Tax Bond, both of which have been :issued. 2. Katrina Morris is a resident of Miami -Dade County, and who lives in Coconut Grove at 1430 Lybyer Ave. Miami FL 33133, spoke at the HEPB meeting on April 4, 2017, Ms. Morris is an aggrieved party because she is a homeowner in the City of Miami in close proximity to the Playhouse and she also spoke.and presented evidence at the April 4, 2017 HEP Board hearing. As a resident of Miami -Dade County, Ms. Morris will be affected by any decisions regarding the Playhouse due to the fact that Miami -Dade County has funded a portion of the project ($15 million) with monies from the 2004 Building Better Communities GOB and additional monies ($5 million) from the 2005 Convention Development Tax Bond, both of which have been issued. LAW 01,1,10( (11, LOW1i1.1„). LLC 17 E. FI,AG1.1(lt ST, Su ITV, 223, MIAMI 113313r - TEL: 305.358.6800 Accordingly, we respectfully appeal the decision, HEM R-17TO23, of the IIBP Board and request that the City Commission order the IMP Board to withdraw the COA, or to award such other and further relief as the Commission may deem just and proper. Please initiate the appeal process. Lowell J. Kuvin, Esq. Attorney/ r Ms. Lange & Ms, Morris LAW OFFICE 01 Lo vri..i. J. KUVIN, LL( 17 E. l'1,:u;1.ee Sr. Sum: a1-1,3, MIAMI I'1.3313i T1.11. 3 5_;358.68O Miami Historic and Environmental Preservation Board Resolution: HEPB-R-17-023 File ID 1960 April 4, 2017 Item HEPB.3 Mr.Todd Tragash offered the following resolution and moved Its adoption: • A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD APPROVING, WITH CONDITIONS (ATTACHED HERIN AS EXHIBIT "A") AN APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE MASTER SITE PLAN TO INCLUDE 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 AND KNOWN AS THE COCONUT GROVE PLAYHOUSE, LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY Upon being seconded by Mr, Najeeb Campbell the motion passed as emended and was adopted by e vote of 4-1: Mr, Najeeb Campbell Yes Mr, David Freedman Absent Unexcused Mr. Jonathan Gonzalez Yee Dr. William E. Hopper, Jr, Yes M. Lynn D. Lewis No Mr, Hugh Ryan Absent Unexcused Mr. Jordan Trachtenberg Absent Unexcused Mr. Todd Tragash Yes Efren Nu iez Interim P eservation Officer STATE OF FLORIOA COUNTY OF MIAMI,DAOE ) H--1- a Execution Date PersOnally aPPoared hefnre Ma, the liildersignad authority, Etigilligligg, Preservation Officer of the City of Miami, Florida, and acknowledges that she exec:Mad the foregoIng Resolution. SWORN ANO $UBSCRIBE:D BEFORE ME THIS (JAY OF PcilT)ft , 2017. 5 1.14' CA (A Print Notary Mine otarc matFlorida., Por$011ally know V or Produced 1,DMy Commioslon Expires; Typo and number of I.D. produced Old take an oath or Old not take an oath MY C01,8111,VIAIIIISCrarfal4ZAIR,OGGOOR431 ' F.XPIRES:N51ainbef30,2OZa pandedilbutlattyPtiblk, undoweltera il�iarni Historic and Environmental Preservation Board Resolution: HEPB-R-17-023 EXHiB3IT "A" I. The original Kichnel structure containing the South and Gast facades shall he preserved. 2. The South and East Facades shall be restored to the Kiohnel phase of architecture. 3, The storefronts on the ground floor shall be reopened. 4. Any additions to the original building shall be in keeping with the Secretary of Interior's Standards rot Now Additions to Mid -size buildings, 5. Glass shall be clear with an option of tow-E Coating, 6. All windows and doors that a.re visible from the right of way (as determined by staff) must match the configuration as shown in the historic photo attached to the staff report as Exhibit B, 7. Any ground disturbing work associated with the master plan shall be monitored by an archaeologist and an archaeological report detailing the Inonitoring which shall be submitted to the Historic Preservation Office, S, This Certificate of Appropriateness is subject to approval by zoning, building, and all other required oily and county departments, 4. The restoration of the facades of the historic .structure shall be restored in accordance with the plans as prepared by Architectonics entitled "Coconut Grove .Playhouse" consisting of 16 pages dated stamped received by the Preservation Office on March 6, 2016. 10, Staff recommends approval of the conceptual master plan as prepared by Architeetonioa entitled "Coconut Grove Playhouse" consisting of l6 pages dated stamped received by the Office of Historic Preservation on i'iarch 6, 2016. 'rite Final Master Platt shall be developed in accordance with Section 5.7,2 entitled "Civic Institutional" of the Nliami 2l Code. 11, No demolition permit will be issued until the plan conies bank to the }l.EPB and is approved, 12.. The concept that is being approved in this plan is In concept only, the H1 Pl3 has the purview to require different configurations, heights, setback eta, for the development of each individual bailing. 13, All the buildings will come collectively h1 one application In the FIEP[3. Attachment `E' City of Miami Legislation Resolution R-1.7-0622 City Hall 3600 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 entireexterior of the Coconut Grove Playhouse, located at 3500 Main Highway, Miami, Florida ("Playhouse") as a historic site after finding itmet 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 City of Miami Page 1 of 3 File ID: 2170 (Revision: B) Printed On: 3/22/2018 File ID: 2170 Enactment Number: R-17-0622 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 MIAMiI, 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 Cade 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 morein 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 Tess 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, City of Miami Page 2 of 3 File iD: 2170 (Revision: B) Printed on: 3/22/20.18 File ID: 2170 Enactment Number: R-17-0622 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.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. City of Miami Page 3 of 3 File ID; 2170 (Revision: B) Printed on: 3/22/2018 City of Miami City Hall 3500 Pan American Drive FL3 Master Report wMiami,ww,miani ov.co p gv.com Enactment Number: R-17-0622 File Number: 2170 Revision: B File Name: HEPB Decision Appeal - Coconut Grove Playhouse Requesting Dept: Department of Planning File Type: Resolution Status: ADOPTED WITH MODIFICATION(S) Controlling Body: City Commission Introduced: 4/12/2017 Final Action Date: 12/14/2017 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. Sponsors: Notes: Links: Replaces: HEPB-R-17-023 : A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD APPROVING OR DENYING AN APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE MASTER SITE PLAN TO INCLUDE 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 AND KNOWN AS THE COCONUT GROVE PLAYHOUSE, LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY, MIAMI, FLORIDA. Linked To: HEPB-R-17-023 A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD APPROVING OR DENYING AN APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE MASTER SITE PLAN TO INCLUDE 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 AND KNOWN AS THE COCONUT GROVE PLAYHOUSE, LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY, MIAMI, FLORIDA. Attachments: 2170 - Legislation GRANTING Appeal (PDF) 2170 Legislation DENYING Appeal (PDF) 2170 (1960) - HEPB Resolution (PDF) 2170 - Appeal Letter (PDF) 2170 - Analysis (PDF) 2170 - Application & Supporting Does (PDF) 2170 - Appellant`s Additional Documents Submitted 11-28-17 (PDF) 2170-Submittal-Jorge Hernandez -Coconut Grove Playhouse PowerPoint Presentation (PDF) 2170-Submittal-Michael Spring -Coconut Grove Playhouse Video (MP4) 2170-Submittal-Richard Heisenbottle-Coconut Grove Playhouse Existing and Proposed Condition Rendering Photos (PDF) 2170-Submittal-Planning Department -Letter from Jorge M. Perez (PDF) 2170-Submittal-Richard Heisenbottle-Coconut Grove Playhouse COA Application for Demolition (PDF) History of Legislative File: City of Miami Page 1 of 2 Printed on: 3/22/2018 City of Miami Master Report Enactment Number: R-17-0622 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Revision: Acting Body: Date: Action: Result: Olga Zamora 4/12/2017 Initial Review Completed Victoria Mendez 5/25/2017 Approved Form and Completed Correctness City Commission 6/22/2017 Meeting Completed City Commission 6/22/2017 CONTINUED Passed City Commission 7/27/2017 Meeting Completed City Commission 7/27/2017 DEFERRED Passed City Commission 10/26/2017 Meeting Completed City Commission 10/26/2017 DEFERRED Passed A City Commission 12/14/2017 Meeting Completed A City Commission 12/14/2017 ADOPTED WITH Passed MODIFICATION(S) B Mayors Office 1/2/2018 Signed by the Mayor Completed B City Clerk's Office 1/2/2018 Signed and Attested by the City Completed Clerk B Victoria Mendez 1/2/2018 Approved. Form and Completed Correctness with Modification(s) B City Clerk's Office 1/2/2018 Rendered Completed Clfy of Miami Page 2 of 2 Printed on: 3/22/2018 Miami Historic and Environmental Preservation Board Resolution: HEPB-R-17-023 File ID 1960 April 4, 2017 Mr.Todd Tragash offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD APPROVING, WITH CONDITIONS (ATTACHED HERIN AS EXHIBIT 'A") AN APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE MASTER SITE PLAN TO INCLUDE 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 AND KNOWN AS THE COCONUT GROVE PLAYHOUSE, LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY Item HEPB.3 Upon being seconded by Mr. Najeeb Campbell the motion passed as amended and was .adopted by .a vote of 4-1: Mr.. Najeeb Campbell Yes Mr. David Freedman Absent Unexoused Mr, Jonathan Gonzalez Yes Dr. William E. Hopper, Jr. Yes Ms, Lynn B. Lewis No Mr. Hugh Ryan Absent Unexcused Mr, Jordan Trachtenberg Absent Unexcused Mr. Todd Tragash Yes Efren Nutez Interim. P1eservation Officer STATE OF FLORIDA COUNTY OF MIAIVII-DADE ) Execution Date Personally appearedbefore me, the undersigned authority, Efren Nunez, Preservation Officer of the City of Miami,Florida, and acknowledges that he executed the foregoing Resolution, SWORN AND SUBSCRIBED BEFORE ME THIS j. DAY OF ..Npfk , 2017. 6.0t-qalez, Print Notary Name Personally know k/ or Produced I,D. Type and number of I.D. produced Did take an Oath or Old not take an Oath of Florida My Commission Expires: 0oMndYad uelliwe05163tel fr, EXPIRs: Novara* 30, 2020 Miami Hstoric and Environmental Preservation Board Resolution: HEPB-R-1 7-023 EXHIBIT "A" 1, The original Kichnel structure containing the South and East fa9ade5 shall be preserved. 2. The South and .East facades shall be• restored tO the Kiehnel phase of arehitecture. 3, The storefronts on the ground floor shall be reopened, 4. Any additions to the original building shall be in keepingwith the Secretary of Interior's Standards for New Additions to Mid -size buildings, 5. Glass'shall be clear with an option of Iow-E Coating. 6. All windows and doors that are visible from the right of way (as determined by staff) must match the configuration as shown in the historic photo attached to the staff report as Exhibit B. • 7. Any ground disturbing work associated with the master plan shall be monitored by an archaeologist and an archaeological report detailing the monitoring which shall be submitted to the Historic Preservation Office, 8, This Certificate of Appropriateness is subject to approval by zoning, building, and all other required city and county departments. 9„ The restoration of the facades of the historic structure shall be restored in accordance with the plans as prepared by Architectonica entitled "Coconut Grove Playhouse" consisting of 16 pages dated stamped received by the Preservation Office on March 6, 2016, 10, Staff recommends approval of the conceptual master plan as prepared by Architectonica entitled "Coconut Grove Playhouse" consisting of 16 pages dated, stamped received by the Office of Historic Preservation on March 6, 2016. The Final Master Plan shall be developed in accordance with Section 5.7,2 entitled "Civic institutional" of the Miami 21 Code. 11, No demolition permit will be issued until the plan. comes back -to the HERB and is approved. 12, The concept that is being approved in this plan is in concept only; the HEPB has the purview to require different configurations, heights, setback. etc. for the development of each individual. 13. Al! the buildings will come collectively in one application to the HEP B.. Attachment 'F' IN THE CIRCUIT COURT ,t,F THE 11TH 4:UNCIAL CIRCUIT IN AND FOR MIAMI-DA E C UNTY, FL RDA In the Interest of: Miami -Dade County, Petitioner v, City of Miami, espondent APPELLATE N Case Number: 18-000032-AP-4 Before SCOTT BERNSTEIN, ROSA. FIGAROLA and RAMIRO ARCI. PER CURIAM. This is an appeal from proceedings stenuning from plans to renovate the Coconut Grove Playhouse which opened as a silent movie theater in 1927. The Playhouse was designed by the critically important architectural firm of Kiehnel & Elliott. The dramatic entrance portal and th,e front of the building are considered to exemplify the Mediterranean Revival style of architecture deemed a prominent feature of Miami's architectural history. • The interior of the Playhouse was substantially renovated in. 1955 by noted Florid.a architect Alfred Browning Parker. Extensive additional interior renovations were completed during the ensuing years giving rise to conflicting views as to whether the interior of the building maintains the architectural integrity of either Kielmel or Browning Parker. Despite best efforts, the Playhouse fell victim to financial difficulties and eventually became the property .0f the State of Florida, In 2005, the Playhouse was designated a local historic site by the City of Miami's Historical and Environment Preservation Board (herein referred to as Historical Board). Although the Designation Report establishing the site as historic Page 1 of 8 was expansive in its recognition 9f the Playhouse's significance to the City, of Miami, it found that only the south and east facades of the building remained architecturally significant. The Historical Board's Designation.Report did not include the building's interior. The absence of the building's interior in the Designation Report removes renovations to the interior of the building from the Historical Board's purview. In. 2013, the State entered into a lease agreement with Miami -Dade County and Florida International University to renovate the Playhouse. The County, HU, and the GableStage theater company adopted a business plan to develop a regional theater on the property. The business plan was approved by the Board of County Commissioners and an architectural firm was selected to develop the plan after a public bidding process. The County sought a Certificate of Appropriateness from the City's Historical and Environment Preservation Board after completing plans for renovation of the. Playhouse. A Certificate of Appropriateness is required before undertaking renovations within a designated historic site. City of Miami. Code Section. 23-5 (2005) requires that the Historical. Board evaluate whether the proposed alterations "adversely affect the historic architeetur :l or aesthetic character of the subject structure or the relationship and congruity between the subject structure and surroundings..." before issuing a Certificate of Appropriateness. • The Historical Board held a public hearing in which eXperts and members of the public with differing opinions regarding the appropriateness of the plan were heard. Included in the debate were discussions regarding the extent to which the building's interior maintained the integrity of either Kiehnel's or Browning Parker's designs given the extent of renovations completed during the Playhouse's history. One of the Historical Board members ultimately motioned the Board to deny the County's application and, given. the nature of the debate, suggested that the Board Page 2 of explore revisiting the Designation Report's exclusion of the interior of the building from the Report. The motion was not supported by any of the other Board members. The existing plan was adopted by the remaining members of the Board and a , Certificate of Appropriateness was granted. The plan approved by the Historical Board restores the front of the building that is deemed historically significant in the Designation Report and replaces the existing auditorium with a new 300 seat theater 'that incorporates historic elements of the existing playhouse. Grove residents filed a timely appeal of the Board's approval with the City of • Miami Co.mmission. The County objected arguing that the residents filing the appeal did not have standing and did. not meet the 'definition of an "aggrieved party", Neither the City nor any other entity filed an appeal of the Historical Board's decision to issue a Certificate of Appropriateness. City of Miami Code Section 23-4 (c) (7) provides that "any aggrieved party" may appeal decisions of the Board to the City Commission, The Code does not define the term "aggri.eved. party." The City overruled the County's objection and granted the Residents standing to appeal,. In so doing, the City acknowledged it had previously opined that an "aggrieved party" for standing in zoning matters was a resident that lived within 500 feet of the property. Although the residents lodging the appeal dici not fall within this category, the City concluded they nevertheless had standing because the Playhouse was a facility they could elect to attend, they lived close to the Playhouse, they wanted the Playhouse preserved, and the Playhouse was deemed important to the. community. The appeal was heard before the Commission. Varying opinions regarding the plan were once again addressed. The discussions once again included comments regarding preserving the interior of the building which was not included in the Historical Board's Designation Report. At the end of the hearing, the City Commission granted in part and denied in part the appeal• , Page 3 of Unlike the plan approved by the Historical Board through the issuance of the Certificate of Appropriateness, the City Commission made substantial. changes to the plan: the Commission required that the entire Playhouse structure, rather than merely the front facade be preserved; the Commission required that various specific fixtures of the interior of the building be preserved in their location; and the Commission required that, contingent upon an additional. 20 million dollars being pledged. within 100 days, the auditorium have no less than 600 seats rather than the 300 seats envisioned by the plan. The Court frnds that, these changes represent a substantial change fi.orn the .plan approved by the Historical Board prior to the. appeal. TheCounty seeks certiorari review of the City Commission's decision reversing in part the issuance of the Certificate of Appropriateness. The County maintains that the City's decision departs from the essential requirements of law, violates due process, and is not supported by substantial competent evidence, The Residents were permitted to file an appellate brief regarding their standing to appeal the Board's issuance of a Certificate of Appropriateness to the City Commission, , The Court's review on a writ of certiorari is limited to determining whether procedural due process Was accorded; whether the essential requirements of the law were observed; and whether the administrative findings and judgment are supported by competent substantial evidence. City (RI' Deerfield Beach v. Valliant, 419 So, 2d. 624, 626 (Fla. 1982); see also Metro Dade Cty. v. Blumenthal, 6'75 So. 2d 598, 601 (Fla. 3d DCA 1995). The County argues that the City departed from the essential requirements of law by granting residents standing to appeal the preservation board's decision to grant the Certificate of Appropriateness law because it is at odds with governing case law, particularly Chabau v. Dade County, 385 So. 2d 129 (Fla, 3d DCA 1980). The Court agrees. PEige 4 of 8 An appellate court may not find a departure from the essential requirements of the law when it merely disagrees with the lower tribunal's interpretation of,a general principle of law. Ivey v. Allstate Ins. Co,, T 74, So. 2d 679, 682-83 (Fla. 2000). Instead, there must be a specific legal precedent that directly addresses the issue decided below: the departure from the essential requirement of the law necessary for the issuance of a writ of certiorari is something more than a simple legal error. A district court should exercise its discretion to grant certiorari review only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice. Allstate Ins. Go. v. Kaklamanos, 843 So, 2d 885, 889 (Fla. 2003); see also Nadar v. DIISIVIV, 87 So. 3d 712 (Fla. 2012) quoting Kaklarnanos, 843So. 2d. at 890. The error must be '"sufficiently egregious or fundamental to fall within the limited scope' of certiorari jurisdiction.'" Nader, 87 So. 3d at 723 (quoting Kaklcjmanos, 843 So. 2d at 890). The Grove residents appealed the Historical Board's decision to issue a ' Certificate of Appropriateness as "aggrieved. parties", The term is not defined in the Code. The City asserts that its determination to include the Grove residents within the City's definition of aggrieved party was not a departure from the essential requirements of law because local governments are charged with the interpretation and enforcement of their codes and their interpretations are entitled to judicial deference if they are within the range of possible permissible interpretations. Although the City correctly articulates the general principle that courts are to afford- . an agency difference regarding interpretation of their own ordinances when the agency is responsible for the administration of that ordinance, See Shamrock Shamrock, Inc. v. City of Daytona Beach, 169 So, 3d 1253, 1256 (Fla. 5th DC.A 2015); Las Olas Tower Co. v. City of Fort Lauderdale, 742 So. 2d. 308, 312 (Fla. 4th DCA 1999), this generalized principle is not thwart controlling caselaw. Page 5 of 8 In Chabau v, Miami Dade County,. 385 So, 2d 129 (Fla. 3d DCA 1980), the Third District overruled the County's determination that an entity had standing to appeal a zoning board's decision as an "aggrieved party" The Court ruled that absent a definition of the term "aggrieved party" in the County's code to the contrary, the definition of an "aggrieved party" to appeal a decision of the zoning board was governed by imposing the requirement for standing found in case law. In other words, a party must have suffered some special injury to have standing. Chabau, 385 So. 2d at 130. Like'the County Code in Chabau, the City Code in this case fails to define the term "aggrieved party". Chabau is binding case law from the Third District Court` of Appeal establishing that unless the term "aggrieved party" is defined by .a local governmental entity's code, the governmental entity must utilize the special -injury standard when deterrnining standing before it rather than making its own interpretation of what constitutes an aggrieved party, See also MR Builders, Inc., v. Durant, 290 So. 2d 784 (Fla. 3d DCA 1980). Therefore, the.parties in this case were required to establish more than a generalized interest. Renard v, Dade Cnty., 261 So. 20. 832, 837 (Fla. 1972) (standing requires. "a definite interest exceeding the general interest in community good shared in common with all citizen"); 0 'Connell .v. Fli;ida Dept. of Cm0). Affairs, 874 So, 2d 673, 675 (Fla, 4th DVA. 2004) ("a mere. interest in a problem, no matter how longstanding the interest" is insufficient to render an appealing party "adversely affected or aggrieved"); Pichette v, City of IV. Miami, 642 So, 2d 1165, 1166 (Fla. 3d. DCA 1994) (aPpellant, who did not live adjacent to rezoned parcel, lacked standing because "there is no 'genuine issue raised by this record that [they] would be affected by noise, traffic impact, land value. diminution, or in any other respect" by the rezoning). The residents in this ease did not meet the special -injury standard for designation. as "aggrieved parties". Observing the essential requirements of the law Page 6 of 8 requires applying the correct law in proper fashion. See Haines city Cmty Dev, v. Heggs, 658 So. 2d 523, 530 (Fla. 1995). The City's failure to apply Chabcat was a failure to follow established precedent and a departure from the essential requirements of the law sufficiently egregious or fundamental to result in a miscarriage of justice warranting issuance of certiorari. The Court declines an invitation to distinguish the Third's decision in Chaba.0 on the basis that the instant case addresses historical preservation, not zoning The issue was not raised below and no authority is relied upon to make the distinction. The argument that standing is conferred by application of Section 163.3215 Fia.Stat.(2017) is also not persuasive as the expanded definition of "aggrieved party" • in section 163,3215 only applies to actions brought pursuant to that statute. Significant conditions were imposed upon the plan that had previously been approved. by the Historical Board. dramatically changing the plan: the shell of the building was required to be preserved; specific fixtures in the interior of the building were required be preserved in their current and the size the Playhouse was required to seat 600 rather than 300, contingent upon the pledging of an addental 20 million dollars within 20 days; Moreover, the County was not afforded procedural due process. Due process is satisfied if the parties are afforded 'notice • of the relevant hearing and an opportunity to be heard during that proceeding. Adequate notice requires that the scope of the hearing be properly identified. Therefore, granting relief "which is not sought by the notice of hearing or which expands the scope of a hearing and decides matters not noticed for hearing, violates due prbcess." Connell v. Capital City Partners, LLC, 932 So, 2d 442, 444 (Fla. 3d DCA 2006). Consideration of preservation of the interior of the building was outside the purview of the appeal and expanded the scope of the hearing without proper notice, Page, 7 of 8 The 2005 Designation Report did not include the interior of the building. The City previously acknowledged that preservation of the interior of the building was thus not within the purview of the Historical Board. A motion to deny the plans in order revisit excluding the building's interior from the Designation Report was rejected by the Historical Board. The Certificate was thus issued with the express acknowledgment by all parties that exclusion of the building's interior precluded consideration of the interior as a basis for issuing a Certificate of Appropriateness. The appeal was clearly governed by the existing designations. TheCity exceeded. the scope of the hearing by including the interior of thebuilding in its decision to grant the appeal thereby violating the County's procedural due process. • Having found that the City departed from the essential requirements of law:by granting standing and that issuance of a writ of certiorari is warranted in this case, the Court declines to rule on any further issues Taised. REVERSED and REMANDED with instructions that the decision of the Miami City Commission denying the Certificate of Appropriateness be quashed. SCOTT BERNSTEIN • OSA FIGA14 LA RAMIRO Copies provided to parties Circuit Court Judge Page 8 of 8