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