HomeMy WebLinkAboutMemo - Mayor Francis SuarezFRANCES SUAREZ
MAYOR
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Office of the Mayor
Miami, Florida
Veto and Veto Message
TO: Honorable Members of the City Commission
Miami, Florida
FROM: Mayor Francis Suarez
Miami, Florida
Date: May 17, 2019
3500 PAN AMERICAN DRIVE
M IAMI, FLORIDA 33133
1305) 250-5300
FAX (305) B54.4001
Pursuant to the authority vested in me under the provisions of 4(g)(5) of the Charter of Miami,
Florida, I hereby veto:
Resolution (R-19-0169) — Coconut Grove Playhouse Appeal
May 8, 20119 Special Commission Meeting
Veto Message:
For the first time as Mayor of the City of Miami, I exercise my right to veto the recent 3 to 2 decision
of the City of Miami Commission ("Commission"), which reversed the Historic and Environmental
Preservation (HEP) Board's decision to deny the application for a Special Certificate of Appropriateness
for the Coconut Grove Playhouse.
We must uphold historic preservation requirements in our community, and the Coconut Grove
Playhouse should be no exception. The Playhouse is "a signature building reflecting the heyday of Coconut
Grove." See City of Miami Preservation Officer 2005 Report. The HEP Board recognized this fundamental
truth, and I seek to reinstate that decision.
In exercising my veto authority, I first find that the appeal was premature. The HEP Board's decision
invited the County to come back to the Board "to address some, or all of the concerns, heard from various
members of the Board." In fact, the HEP Board left in place HEPB Resolution R-17-023. The County
unilaterally disregarded this opportunity and appealed. Because further hearings could have taken place
based on the HEP Board's decision, the appeal should have been denied as an unperfected appeal.
To the extent that the merits of the appeal could have been reached, my veto that seeks to affirm the
HEP Board's decision is supported by competent and substantial evidence. Based on the record before the
HEP Board and Commission, the County's proposal would jeopardize the National Register of Historic
Places ("National Register") designation for the Coconut Grove Playhouse because the proposal is not
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consistent with the guidance provided by the Secretary of Interior's Standards for the Treatment of Historic
Properties. See March 1, 2019 letter from Mr. Aldridge, Deputy State Historic Preservation Officer.
National Register provides significant benefits for designated properties, including but not limited to federal
tax incentives, grant eligibility, and the prestige of the recognition.
I also exercise my veto because the record does not support that the County's proposal satisfies
Section 267.061(2)(b), Florida Statutes that directs state agencies to confirm that no "feasible and prudent"
alternative exist to a proposed demolition. The County's conclusory declarations that demolition of the
Coconut Grove Playhouse is strictly necessary are unsupported by the record. And the County's assertions
that no other funds are available to the Playhouse renovation are unsupported by competent and substantial
evidence and contradicted by the County's testimony. At the hearing, County acknowledged that multiple
cultural facilities are funded, even above and beyond the projected costs. The Coconut Grove Playhouse
should not receive unequal treatment.
The City of Miami has listed less than 70 properties on the National Register, and the Commission's
acceptance of the County's proposal could effectively remove the Coconut Grove Playhouse from the
National Register. Based on the testimony at the hearings, delisting is a troublesome outcome for the
residents of Miami.
Furthermore, the County's application is fatally flawed because no request for demolition is
included in the application or request. The HEPB Resolution R-17-023 included Exhibit A that made it
unambiguous that the HEBP reserved its right to review the final plan of the County. For instance, the HEP
Board conditions included: "[N]o demolition permit will be issued until the plan comes back to the HEPB
and is approved." The County submitted an application that did not request demolition and, even with the
Commission's reversal, the County will likely not be successful in obtaining demolition permits.
Despite the necessity of this veto. I remain confident that further discussions and community input
about the future of Coconut Grove Playhouse will result in a revised proposal that would benefit virtually
all stakeholders, and I look forward to opening night at the new and renovated Coconut Grove Playhouse.
We have taken reasonable steps to help preserve a historic theater in Miami's oldest neighborhood. In fact,
in cooperation with the County, the City has waived code enforcement fees and fines that would have
accrued to nearly S3 million.
The County's current plan that cannibalizes the historic structure will not meet my approval. But a
revised proposal that begins the process of revitalizing the Coconut Grove Playhouse by beginning with the
parking lot construction immediately, which is fully funded by the City and the Miami Parking Authority,
and restoring the facade would meet with my prompt approval. Having concluded that it would not be in
the best interest of the City of Miami or its residents to reverse the HEP Board's decision, I submit this
veto.
rams Suarez
Mayor
City of Miami
Paget